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HomeMy WebLinkAboutOV119901 A1phaGraphics UU1 11) : 1-51U-(4 -UbS7 JHN iD •Du NU .U11 r .uz January 29,1999 • Oro Valley Planning&Zoning 11.000 N.La Canada Dr, Oro Valley, AZ 85737 Ann: Valerie Feuer,Senior Planner To Whom It May Concern: 121/) , z.( The objective of this letter is to request a change to the General Land Plan for Parcel t1224-11-03209 or 2440 W.Glover Rd. from a low density to a median density zoning. The subject area is a 4 acre parcel bordering Wilson School on two sides. Because this area is becoming more important demographically due to the growing census of the population is this specific area, subsequently this site would provide excellent locations for homes with children of elementary age. With an eye to the environment impact,it is my intent to be sure that grading limits were imposed and fences would be constricted to provide corridors for the wild life that still exists on the parcel,thus preserving the natural cnviroruocnl to the utmost degree. Fortuutately water and sewer already exist on the property hence utility provisions would not huller disnipt the area. Certainly the disruption of the area has already been accomplished in the building of the school, thus any development.of the suggested area would for all practical purposes go essentially unnoticed, in view of the foregoing,it cannot be Overemphasized that this request change in the zoning would strive to protect the environment and nciglthoria g lands as they exist. I would welcome the opportunity to work with you to resolve some of these issues. Thank you. Sincerely, Msralyn Alboc ( • 59 • . . _ ....�. ,_...3. • y,w9 i • ORO V, EY PLANNING & ZONING DEPi MENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: March 2, 1999 TO: PLANNING AND ZONING COMMISSION FROM: Melissa Shaw,AICP, Planner II SUBJECT: REQUEST TO INITIATE AN AMENDMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN FOR THE ALBEE PROPERTY BACKGROUND: The subject parcel is 4.009 acres in size, and is located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road. It is surrounded on the north and east sides by school district property (the Wilson School), on the south side by Glover Road and the west by vacant property. The site is currently vacant. LANDOWNER'S REQUEST As indicated in the attached letter, the landowner, Maralyn Albee, is requesting a General Plan amendment to: 1. Change the land use designation from Parks/Open Space, with a backup designation of LDR 1.2,to medium density land use category. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission initiate the proposed amendments to the General Plan. Staff will evaluate the amendments and prepare the necessary background information for the April 13, 1999 Planning and Zoning Commission meeting. SUGGESTED MOTION: I move to initiate an amendment to the Oro Valley General Plan, and direct staff to set the public hearing for the April 13, 1999 meeting of the Planning and Zoning Commission -OR- I move to not initiate an amendment to the Oro Valley General Plan. Attachments: 1. Letter of Request. 2. Current General Plan Land Uses and Location Map. • F:\OV\OV9\1998\PROJECTS\GP\AMDTS\ALBEEINITPZRPT MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 3, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER - 6:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A motion was made by Council Member Johnson and SECONDED by Council Member LaSala to go into Executive Session at 6:05 p.m. for the following purpose: Pursuant to ARS 38-431.03 (A)(1) regarding personnel matters: 1. Annual Evaluation of the Town Manager's performance Pursuant to ARS 38-431.03 (A)(4) regarding pending litigation: 2. Fazio v. Town of Oro Valley Superior Court Case No. C316599 Motion carried, 5 - 0. MOTION: A motion was made by Council Member Johnson and SECONDED by Vice Mayor Parisi to go out of Executive Session at 7:00 p.m. Motion carried, 4 - 0. (Council Member LaSala left the Executive Session at 6:20 p.m.) RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:12 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Paul Parisi, Vice Mayor Cheryl Skalsky, Council Member Dick Johnson, Council Member Fran LaSala, Council Member (Arrived at 7:25 p.m.) 03/03/99 Minutes, Council Regular Sessior, 2 PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the upcoming meetings. He also introduced and welcomed Jeff Weir, the Town's new Economic Development Administrator. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA At the request of Council Member Johnson and Vice Mayor Parisi, Mayor Loomis pulled Consent Agenda Items B and E for discussion. MOTION: Council Member Skalsky MOVED to approve the Consent Agenda Items A, C, D, and F through I. Council Member Johnson SECONDED the motion. Motion carried, 4—O. A. Minutes—2-17-99 B. Resolution No. (R)99-26 Authorizing the Town to contract with Agra Infrastructure, Inc. to develop a Project Assessment for potential improvements for the Oracle Road/First Avenue intersection (PULLED FOR DISCUSSION) C. Resolution No. (R)99-27 A resolution authorizing the amendment of Intergovernmental Agreement with the State of Arizona concerning traffic signal maintenance D. Resolution No. (R)99-28 Accepting a license agreement to allow the construction and maintenance of a parking lot partially within the Rancho Vistoso Boulevard right-of-way and to clarify the maintenance and construction responsibilities for the parking area at Honey Bee Park E. Resolution No. (R)99-29 Approving the execution of an Intergovernmental Agreement between the Arizona Department of Public Safety (DPS) and the Town of Oro Valley Police Department to jointly participate in an Arizona State Gang Task Force (PULLED FOR DISCUSSION) F. OV12-97-14 San Jose Plaza Development Plan Revision(Property located east side of Oracle Road, North of El Conquistador Way) G. OV12-98-2A Stone Canyon I (South) Final Plat, Lots 58-133, Common Areas A & B, Rancho Vistoso Neighborhood 11, Parcels AA, AB, AC, AD, AE, C, D & E (Property located west of Rancho Vistoso Blvd., and west and north of Vistoso Highlands Drive) 03/03/99 Minutes, Council Regular Sessior, 3 H. OV12-95-2A Coyote Ridge Phase III, Lots 24-34, 42-54 & 95-105 Final Landscape Plan(Property located north of Tangerine Road and East of Highlands Wash) I. OV12-98-10 Rancho Vistoso Neighborhood 11, AF Landscape Plan for Entry Monuments and Gates (Property located west of Rancho Vistoso Boulevard and southwest of Vistoso Highlands Drive) B. RESOLUTION NO. (R)99-26 AUTHORIZING THE TOWN TO CONTRACT WITH AGRA INFRASTRUCTURE, INC. TO DEVELOP A PROJECT ASSESSMENT FOR POTENTIAL IMPROVEMENTS FOR THE ORACLE ROAD/FIRST AVENUE INTERSECTION Jim Hossley, Streets and Roads Maintenance Supervisor, reported that the Town desires to enter into an agreement with Agra Infrastructure to perform a feasibility analysis on the First Avenue and Oracle Road intersection. He explained that the analysis would be looking long term towards the year 2010. Agra Infrastructure would be looking into ways to address traffic in that area and then would make recommendations to the Town. Council Member Johnson stated that the First Avenue/Oracle Road intersection was critical to the future economic development of the Town. He stated that the Town needed to be visionary in their approach to the solution of the intersection. He encouraged town staff and Agra Engineers not to place parameters on the project as they perform their analysis. Alex Batt, Engineer with Agra Infrastructure, stated that they are approaching the project with a"the sky is the limit" attitude. He explained that they would work on as many alternatives as possible with their goal being to development a document that will help with the long range planning of the area. MOTION: Council Member Johnson MOVED to approve Resolution (R)99-26 authorizing the Town to contract with Agra Infrastructure, Inc. to develop the Oracle Road/First Avenue Intersection Project Assessment. Vice Mayor Parisi SECONDED the motion. Motion carried, 4—0. E. RESOLUTION NO. (R)99-29 APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF PUBLIC SAFETY (DPS) AND THE TOWN OF ORO VALLEY POLICE DEPARTMENT TO JOINTLY PARTICIPATE IN AN ARIZONA STATE GANG TASK FORCE Police Chief Wolff reported that the Town has been participating in an ongoing intergovernmental agreement with the Arizona Department of Public Safety since September, 1994. The State Gang Task Force pays wages and expenses for three Oro Valley Officers to serve on the Task Force. Chief Wolff also explained that the Task Force can be utilized in Oro Valley for any serious situations that might arise. 03/03/99 Minutes, Council Regular Session 4 Vice Mayor Parisi stated that he asked to have this item pulled from the Consent Agenda to point out how creative Chief Wolff was in funding the Police Department and in creating a safe environment in the Town. MOTION: Vice Mayor Parisi MOVED to approve Resolution No. (R)99-29 which provides for the renewal of an Intergovernmental Agreement with the Arizona Department of Public Safety. Council Member Skalsky SECONDED the motion. Motion carried, 4—0. 2. PRESENTATION OF STRATEGIC PLAN FOR THE METROPOLITAN TUCSON CONVENTION AND VISITORS BUREAU Pat Tierney, President of the Metropolitan Tucson Convention and Visitors Bureau (MTCVB) presented an update on the strategic plan for the MTCVB. He explained that a consultant has studied various aspects of the long range plan. The consultant has noted that the MTCVB has been very successful in getting convention groups into Tucson. Mr. Tierney stated that they were trying to raise a$6 million budget over the next three years to help create a new image campaign and for projects, research, and cultural tourism. Mr. Tierney also offered the MTCVB's help to the Town of Oro Valley on product development. Jonathan Walker, MTCVB Vice President of Sales and Marketing, stated that economic welfare and the well being of Oro Valley was important to the MTCVB. He stated that they had 1168 qualified leads (group conventions that had an interest in meeting in the Metropolitan Tucson area.) He explained that of those leads, fifty six (56) made the decision to hold their meetings in Oro Valley. These meetings resulted in 24,500 room nights at the Sheraton El Conquistador Resort with approximately $13.6 million being deposited directly into Oro Valley's economy. Mr. Walker explained that these monies were from"group business" only. Mr. Walker further explained that they are also working on promoting business to the area for the summer time with special emphasis on Phoenix and Southern California. Rudy Chabolla, MTCVB's Vice President of Community Affairs and Cultural Tourism, reported that his main focus will be on community affairs and ways to better serve the community. He stated that there is a great diversity in the area and he will work closely with the Town to entice people to come to Oro Valley. John Fuller, General Manager of the Sheraton El Conquistador, stated that they were excited about the new proposed hotels in Oro Valley. He stated that the area needs the boost of new marketing and public relations and the new projects are very exciting. Mr. Fuller further stated that the Sheraton El Conquistador is building a$5.5 million addition which would double their meeting space. They are also upgrading the golf course. He stated that these improvements would help make Oro Valley even more attractive to tourism. He explained that the Sheraton needed the MTCVB's support and thanked the Council for their support. 03/03/99 Minutes, Council Regular Sessio 5 Council Member Johnson stated that as a Board Member of the MTCVB, he attended the Strategic Plan meetings. He stated that the meetings were well represented by members of the metropolitan business community and he felt the the Plan would provide good guidelines for economic development within the Oro Valley community. (No action required.) 3. CONTINUED PUBLIC HEARING—ORDINANCE NO. (0)99-04 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED, CHAPTER 6,ADDING ARTICLE 6-3, R1-72 SINGLE FAMILY RESIDENTIAL DISTRICT (CONTINUED FROM 2-17-99) Community Development Director Don Chatfield reported that Ordinance No. (0)99-04 was continued from February 17, 1999 to allow staff time to conduct additional research regarding building height in the new zoning district. Dr. Chatfield explained that the new zoning district, R1-72, would provide for 72,000 square foot lots with a proposed building height of 22 feet. He stated that there was some concern expressed that the building height should be 18 feet which is what is currently offered in some of the lower density districts. Dr. Chatfield explained that research has determined that a building restriction of 22 feet is frequently applied in custom subdivisions in Pima County. He explained that the 22 feet allows the construction of a two-story home to include a pitched roof. Dr. Chatfield further explained that the Oro Valley Zoning Code Revised provides for 18 feet maximum building height in the R1-20 through R1-144 districts and 25 feet maximum in all other residential districts. The Rancho Vistoso and La Reserve Planned Area Developments (PAD) allow 30 feet maximum building height in the low density residential development areas and the El Conquistador Country Club PAD allows 38 feet maximum height. Dr. Chatfield stated that staff also looked at the preservation of native plant materials on these larger lots. He stated that a stipulation has been provided within the zoning that limits the grading area for construction to 20,000 feet. He explained that this would allow a home to be built with all the associated amenities but still protect the native plants. Dr. Chatfield reviewed an overhead presentation that demonstrated the difference between 18 feet and 22 feet building height with a typical 50 foot setback. He stated that staff feels this increase in height to 22 feet was workable and it would accommodate custom home construction. In answer to a question from Vice Mayor Parisi, Dr. Chatfield stated that the R1-72 zoning district is a new zoning district and is not specific to any property. He explained that it would be available to property owners to rezone their property in the future. Dr. Chatfield further explained that there was the likelihood that the new zoning district could be applied to the newly annexed areas. 03/03/99 Minutes, Council Regular Sessior 6 In answer to a question from Council Member Johnson, Dr. Chatfield explained that the R-4 (Townhome District) and R1-7 districts allow up to 25 feet in height which seems to be appropriate for the density in those zoning districts. He stated that staff feels it is appropriate to hold the height to a lower range in lower density subdivisions. Council Member Johnson stated that he had less concern about the height on larger lots than in the more dense subdivisions where view corridors could be blocked. Dr. Chatfield responded that staff has tried to maintain the Oro Valley design guidelines and aesthetics where the lower density developments have a rural/ranch feel rather than a vertical appearance with taller structures. He explained that through conversations with homebuilders, staff feels confident that the bulk of the new type of construction can be accommodated within the recommended height range. Council Member Johnson stated that he felt there should be a provision for a waiver possibly through the Planning and Zoning Administrator's review. Dr. Chatfield explained that when evaluating the Zoning Code, it was much cleaner and more appropriate for the Town to decide what the permitted amounts would be and set those standards. Council Member Skalsky stated that she saw this as an alternative zoning and a baseline to work from. She stated that this would provide a good zoning for the rural areas as designated in the General Plan. She further stated that any time there are requests for waivers, she would rather see them go through the whole process; the Development Review Board, the Planning and Zoning Commission and then to Council. Vice Mayor Parisi stated that Pima County allows up to 34 feet on larger lots. He stated that he had no problem with allowing that height in order not to disturb more ground. Mayor Loomis opened the public hearing. Jerad Harmon, 10673 N. La Quinta, stated that he has bought property in the Coyote Ridge subdivision. He stated that the height requirements there are set at 18 feet and he would have great concerns if some one there could build higher than the 18 feet as it would block his views of Pusch Ridge. He stated that 22 feet seemed to be reasonable but anything higher than that would definitely block views. Mayor Loomis closed the public hearing. Council Member Skalsky stated that some places might be appropriate for the 34 feet height allowance, but she would rather see the height held low and deal with the higher heights when appropriate. She stated that this was not a replacement zoning but an alternative zoning. If people were interested in a 34 height limit, then staff might be able . 03/03/99 Jlinutes, Council Regular Session 7 to look at other tools for Council and developers to utilize for special areas and developments. In answer to a question from Mayor Loomis, Town Attorney Tobin Sidles stated that according to State Statutes, all waivers must go to the Board of Adjustment. Council Member Johnson expressed his concern that the individuality of homes would be compromised because of a 22 foot height limit on two acre lots. In answer to a question from Mayor Loomis, Dr. Chatfield stated the closest equivalent in Pima County zoning was the SR-2 District but he was not aware of any SR-2 designations within the immediate influence of Oro Valley. MOTION: Vice Mayor Parisi MOVED to approve Ordinance No. (0)99-04, the Amendments to the Oro Valley Zoning Code Revised, Chapter 6, adding Article 6-3, R1- 72 Single Family Residential District, as presented. Council Member Skalsky SECONDED the motion. Motion carried, 4— 1, with Council Member Johnson opposed. 4. PUBLIC HEARING—OV09-98-19 ORDINANCE NO. (0)99-07 REQUEST TO AMEND THE RANCHO VISTOSO PLANNED AREA DEVELOPMENT,AS IT PERTAINS TO NEIGHBORHOOD 10, PARCEL J: 1) BUILDING HEIGHT; 2) PARKING REQUIREMENTS, (PROPERTY LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BLVD. AND VISTOSO HIGHLANDS DRIVE) (Town Attorney Tobin Sidles noted that there was a scribner's error depicting the area as Neighborhood 11. The property is located in Neighborhood 10 and was noticed properly.) Community Development Director Don Chatfield reported that the request for an amendment to the Rancho Vistoso Planned Area Development(PAD) applies only to Parcel J in Neighborhood 10. He stated that the applicant has requested changes in building height and parking requirements. Dr. Chatfield reported that within the Rancho Vistoso PAD the C-1 Commercial District allows building heights up to 34 feet and three stories. He explained that the applicant intends to develop a hotel property and has requested that the height limit be changed to 38 feet. Dr. Chatfield also explained that the applicant has requested a reduction in parking requirements from the Town standards by approximately 25% due to the location and nature of the hotel. Dr. Chatfield reported that the Planning and Zoning Commission held a public hearing on the PAD amendment on January 5, 1999 and voted to recommend approval with some amendments to staff suggested conditions. He stated that they requested the height 03/03/99 Minutes, Council Regular Session 8 change be limited to the seven(7) buildings on the west and the three (3)buildings adjacent to the pool area on the west side of the property and that a viewshed analysis be provided. Dr. Chatfield stated that staff concurs with the Commission's recommendation for approval. Dr. Chatfield reported that the applicant met with the Planning and Zoning Administrator today (March 3rd) and further requested that the height be increased to 40 feet instead of the 38 feet as previously requested. He stated that staff has not had time to study the further height increase request and compare to it to the viewshed analysis. Therefore, they would request a continuance to March 17th to further study the issue. Charles Hulsey, The WLB Group, representing the applicant Southwest Properties, reviewed an overhead of the site plan. He explained that the seven buildings Dr. Chatfield referred to face the golf course with a heavily vegetated wash between the golf course and the buildings. The other buildings near the pool area sit lower than the rest of the site. He stated that the buildings are two story buildings on the front side. On the backside where they drop down into the wash and down into the pool area,they are asking for basement units making them three stories on the back side. Mr. Hulsey explained that the reason they are now asking for the 40 foot height limit, is that during the design phase, they realized that they needed more space for the duct work and the sprinkler systems, etc. In answer to a question from Council Member Skaisky, Mr. Hulsey explained that the nearest residence to the golf course would be approximately 475 feet away so they did not feel the two feet would substantially affect the viewsheds. In answer to a question from Council Member Johnson, Mr. Hulsey explained that the buildings would drop down into the wash area so the residents would see less than two stories because of the roll of the land. Council Member LaSala stated that he would like to see a continuance on the item so that staff can further review the additional two foot request. Mr. Hulsey stated that the Development Plan comes before the Development Review Board on March 16th and the next Council meeting is on March 17th. He expressed concern that there might be further delay. In answer to a question from Council Member Johnson, Dr. Chatfield stated that the height is measured from the exterior ground level to the highest portion of the building. In answer to a question from Council Member Skaisky, Dr. Chatfield stated that he has not seen a viewshed analysis that depicts the 40 foot height request so he did not know if the extra two feet would have significant impact on the views of the surrounding residents. 03/03/99 Minutes, Council Regular Session 9 Mayor Loomis opened the public hearing. There being no speakers,the public hearing was closed. MOTION: Council Member LaSala MOVED to CONTINUE OV9-98-19, request to amend the Rancho Vistoso PAD as it pertains to Neighborhood 10, Parcel J, to the March 17, 1999 Council meeting to give staff time to review the request for the additional two feet. Mayor Loomis SECONDED the motion. DISCUSSION: In answer to a question from Council Member Skalsky, Dr. Chatfield explained that he saw no reason to hold up the Development Review Board proceedings. The Development Plan will come before Council and the final determinations can be made. He stated that he felt it did not put the project in jeopardy. MOTION to continue carried, 5 —0. Mayor Loomis recessed the meeting at 8:17 p.m. The meeting resumed at 8:27 p.m. 5. PUBLIC HEARING—ORDINANCE NO. (0)99-08 PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 2, SECTION 2-101, DEFINITIONS, CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS, AND CHAPTER 9, CONDITIONS FOR SPECIFIC USES RELATING TO TIMESHARES Community Development Director Don Chatfield reported that staff had a long standing interpretation in the Multi-Family Residential District that short term rentals which would include timeshares would require a Conditional Use Permit (CUP) before operation of such facilities could occur. He explained that in an appeal of the interpretation to the Board of Adjustment,the Board"struck down" that interpretation and indicated that the Zoning Code was not sufficiently clear to require a CUP. Dr. Chatfield stated that they have already amended the Code to make it clear that in an apartment zone a CUP is required in order to operate a short rental or hotel. Dr. Chatfield explained that the amendment as proposed in Ordinance No. (0)99-08 would also require a CUP for timeshares within the R-6 (Apartment District.) He reported that the Planning and Zoning Commission and staff recommend approval of the amendment relating to timeshares. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance (0)No.99-08, amendments to Chapter 2, Section 2-101, Definitions, Chapter 7, Multi-Family Residential District Regulations, and Chapter 9, Conditional Use Regulations of the Oro Valley Zoning Code Revised, listed in Exhibit"A". Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. (Exhibit"A" is attached to the end of the minutes.) 03/03/99 Minutes, Council Regular Sessioi. 10 6. PUBLIC HEARING—ORDINANCE NO. (0)99-09 OV8-98-5 ORO VALLEY PRESCHOOL & GARDEN OFFICES REQUEST FOR A CONDITIONAL USE PERMIT, 10361 NORTH ORACLE ROAD (PROPERTY LOCATED ON THE WEST SIDE OF ORACLE ROAD, SOUTH OF PUSCH VIEW LANE, NORTHEAST OF THE ROCKRIDGE APARTMENTS) Community Development Director Don Chatfield reported that the Oro Valley Preschool and Garden Offices is requesting a Conditional Use Permit (CUP)to establish a preschool to be located at 10361 North Oracle Road. The preschool segment would comprise 7,444 square feet of the structure. The property is zoned C-1 Commercial and is surrounded by the Rockridge Apartments which is also zoned C-1. Dr. Chatfield stated that according to the Zoning Code, a CUP may be granted when it is determined that the granting of such a permit would not be detrimental to the public health, safety or welfare. He explained that the factors to be considered would include: 1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination; 2. Hazard to persons and property from possible explosion, contamination, fire or flood; and 3. Hazard occaisoned by unusual volume or character of traffic. He stated that the proposed use must also be reasonably compatible with the types of use permitted in the surrounding area. Dr. Chatfield stated that staff finds the proposed preschool to be complimentary with the adjacent apartments as it brings employment, school, and housing closer together minimizing traffic volume. Noise will be mitigated by designing a 6 foot high screen wall surrounding the play area of the preschool. Dr. Chatfield stated that the proposed school complies with the General Plan Land Use designation and it also conforms with the General Plan Land Use Element. Dr. Chatfield stated that the Planning and Zoning Commission recommended approval of the CUP at their February 2nd meeting and staff concurred with their recommendation. In answer to question from Council Member Skalsky regarding the 6 foot screening wall, Dr. Chatfield stated that the design has not yet been submitted for the preschool, but he expected the wall to resemble the wall at the Children's World Learning Center on La Canada Drive (stucco painted to match the structure.) He explained that the design would be considered during the Architecture and Landscape Plans review by the Development Review Board. Council Member Skalsky stated that she would like to see trees, flowers and/or vines planted around the area and the possible addition of a nature course. Mayor Loomis expressed his concerns about the safety of the children because of the close proximity of the preschool to Oracle Road. Dr. Chatfield stated that most of the safety design features would be worked out with the Police Department during the development plan phase. 03/03/99 Minutes, Council Regular Session 11 In answer to a question from Council Member Johnson, Dr. Chatfield explained that the preschool would be on the west side and the office spaces would be on the north and east sides of the site. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-09, OV8-98-5,the Oro Valley Preschool and Garden Offices Conditional Use Permit, with the condition listed in Exhibit"A". A) 1. A traffic analysis will be required when this project is submitted as a development plan. This analysis must address traffic impacts from the proposed development on the apartment complex. Council Member LaSala SECONDED the motion. Motion carried, 5 —O. 7. PUBLIC HEARING—ORDINANCE NO. (0)99-10 OV9-99-22 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS ON THE PROPERTY KNOWN AS THE DIOCESE OF ARIZONA,LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield reported that on August 5, 1998 the Town annexed 300 acres known as the La Cholla/Tangerine Annexation District. He explained that under Arizona Statutes, the Town is required to translate the zoning on the annexed property within six months. The Town should translate Pima County's SR zoning to the closest Oro Valley equivalent designation which would be R 1-144. Dr. Chatfield stated that applicant also requested that Pima County entitlements related to a church use, be translated along with the zoning. Dr. Chatfield stated that on February 2nd the Planning and Zoning Commission voted to recommend approval of the translational zoning. Staff supports the Commission in recommending approval of the translational zoning. David Williams, The WLB Group, 4444 E. Broadway, representing the applicants, stated that they had no problems with the staff report and are in agreement with their recommendations. He stated that they wish to continue to enjoy some of the standards that were allowed on the property by Pima County. He stated that they have agreed to limit the development of the property to 30%which would leave 70% as natural open space. (Mr. Williams presented a model design layout of the proposed church development.) Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 03/03/99 Minutes, Council Regular Session 12 MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-10, OV9-99-22, translating the zoning for parcel #219-42-0160 in the area know as La Cholla/Tangerine, from Pima County SR to Oro Valley R1-144, and all applicable development standards of the R1-144 zoning district and the entitlements listed in Exhibit «A,, A) 1. The permitted use of a church in the Pima County SR Zoning District will be maintained for this property. 2. A private or parochial school use as permitted in the Pima County SR Zoning District with a Conditional Use Permit (CUP), may be permitted on this site. The applicant must apply for the CUP under a separate process from a Development Plan. 3. This property shall comply with the setback requirements for Oro Valley R1-144 Zoning District. The setbacks are as follows: Front— 50 feet, Side—20 Feet, and Rear— 50 feet. A 150 foot half right-of-way will be dedicated on Tangerine Road. 4. No building shall exceed 25 feet in height. Steeples, spires, towers and architectural elements may be permitted up to 34 feet in height. Religious symbols placed atop such structures are not included in the calculation of building height, but are limited to a maximum height of 5 feet. 5. No more than 30% of the 36 acre site may be developed which will meet the intent of the Urban Growth Boundary. (UGB). 6. Temporary access onto Tangerine Road is granted. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 8. PUBLIC HEARING—ORDINANCE NO. (0)99-11 OV9-99-21 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE PROPERTY KNOWN AS THE ARIZONA DISTRICT COUNCIL OF THE ASSEMBLY OF GOD PROPERTY, LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield reported that in August, 1998 the Town annexed the property known as the Arizona District Council of the Assemblies of God property. He explained that the property is zoned Pima County SR and the closest equivalent Oro Valley Zoning District is R1-144. He stated that there were no pre- annexation agreements on the property, but the owners requested during the annexation process that the Pima County church development entitlements be maintained, and that they be permitted to apply for a Conditional Use Permit to operate Springboard (a temporary shelter for abused, adolescent women.) Dr. Chatfield stated that staff has met with the applicant on the issue and agrees with the applicant's request with those conditions as incorporated in the ordinance. Dr. Chatfield stated that in February, Reverend Seale, representing the applicant, met with staff and expressed his concern over the Planning and Zoning Commission's condition that limits the disturbance on site to 30% of the total area(which was to meet 03/03/99 Minutes, Council Regular Session 13 the intent of the General Plan's Urban Growth Boundary). He stated that the applicant is requesting that the condition be modified to permit disturbance of 55% of the site. Dr. Chatfield explained that the General Plan designates the area as rural low-density residential use which is the lowest intensity land use designation category in the General Plan. He also explained that the General Plan also establishes the Urban Growth Boundary (UGB) along the northern edge of the planning area(this site sits immediately north of the UGB.) He stated that for these reasons, the Planning and Zoning Commission and staff have attached the condition that limits disturbance to 30%. Dr. Chatfield stated that the Commission met on February 2nd and recommended approval of the translational zoning of the Arizona District Council of the Assemblies of God property. Staff also recommends approval with the 30% disturbance. Vice Mayor Parisi asked if approval of the 55% disturbance would be considered if the property did not lie within the Urban Growth Boundary. Dr. Chatfield stated that it would depend on the location and character of the property. In answer to a question from Council Member Johnson, Dr. Chatfield stated that he thought the request by the applicant for 55% disturbance would accommodate the development needs of the church and the Springboard Home. Reverend William Seale, Pastor of Copper Mountain Assembly of God, representing the applicant, stated that it is the interpretation of the Planning and Zoning Administrator that the 30% disturbance applies to everything that over turns the desert. This would include the buildings, the parking areas, driveways, retention and detention basins, etc. He stated that the 55% disturbance that they are requesting includes every foot print of the buildings, parking, driveways, etc. This would still leave 45% of their 8.82 acres as undisturbed, natural desert. In answer to a question from Council Member Johnson, Reverend Seale stated that they would be working in phases. Phase I would be the Worship Center(a multi-purpose facility) and the Springboard Home with the necessary parking and driveways to access these facilities. He stated that they would hope to complete Phase I within the next year. Reverend Seale explained that Phase II would be the establishment of the Activity Center and potentially take place within the second and third years of their development plan. He said that it could take many years to complete the Sanctuary. Reverend Seale stated that they are asking Council for consideration of the increase to 55% disturbance now so they can move forward with providing water to the site, develop the building footprints, etc. He stated that they must be able to see beyond this moment for a future usefulness for their property as this is a very costly endeavor. In answer to a question from Council Member LaSala, Dr. Chatfield explained that allowing 55% disturbance would not be in conformance with the established policies of the General Plan. He further explained that there is a procedure to go through to amend 03/03/99 Minutes, Council Regular Sessior. 14 the General Plan and the Town is currently in their"window" for accepting applications for General Plan amendments. Vice Mayor Parisi stated that the General Plan is there for a purpose but Council should look at"common sense and reasonableness"when they consider projects. Dr. Chatfield stated that they need to also look at the equity issue. He stated that they have been working with another church(Diocese of Arizona)that has property immediately adjacent to the Assembly of God property. He reminded Council that they translated the zoning of the Diocese of Arizona property with a limit of 30% disturbance. He stated that he agreed that they need to have a level of fairness but also needed to "have an eye"to the General Plan. Dr. Chatfield stated that he would like to work with the congregation of the Assembly of God Church and address the issue over time. He explained that staff feels it is reasonable to move forward with the 30% level of disturbance at this time. Council Member Skalsky stated that she understood Reverend Seale's concerns regarding monies, but she had not seen a plan from the church and she feels very strongly about open space. In answer to a question from Council Member Skalsky, Reverend Seale explained that their property was zoned Pima County Suburban Ranch when the church purchased it. He stated that it was his understanding,that when the County considers density, they consider footprints of the buildings. They do not consider parking, etc. Reverend Seale stated that the buildings that they have proposed for their property only make up 16%of total, the rest is for parking, etc. He stated that when they presented their request for translational zoning, they itemized every building when they submitted their master plan. Reverend Seale explained that the Planning and Zoning Department never mentioned the restriction of 30%disturbance but only referred to the Tangerine Overlay District for which they must set aside one hundred feet of right-of-way. Council Member Skalsky stated that the Council had to consider all the acreage around the church and the reasons for protection of the natural open space. She suggested that the Assembly of God Church come up with an alternative plan that would meet the 30% disturbance. Reverend Seale stated that the Urban Growth Boundary was to protect the area from urban sprawl. He stated that churches are not urban sprawl but are considered low impact and are generally welcome. He asked Council for their consideration of the 55% disturbance as the first phase of the master plan fulfills the 30% disturbance. In answer to a concern from Council Member Skalsky, Dr. Chatfield stated that the master plan was presented by the church and reviewed for the Conditional Use Permit by the Planning and Zoning Commission. He stated that typically zoning deals with land use issues and not site plans so the master plan was not submitted to Council for their review during the translational zoning phase of the project. 03/03/99 Minutes, Council Regular Sessioi, 15 In answer to questions from Vice Mayor Parisi, Dr. Chatfield explained that when the Urban Growth Boundary was adopted by Council, it was his understanding that we should not allow inappropriate densities beyond that level as there was not sufficient infrastructure to serve the area. He stated that staffs' direction was to hold the intensities and densities south of Tangerine Road. He also explained that he could not speak on how Pima County sets its standards for measuring disturbance. He explained that Pima County allows church use outright within the SR Zoning District, but in Oro Valley they are typically allowed only in the Private Schools and Churches Zoning District. Dr. Chatfield stated that the applicant has asked that the Town make an exception during the translational zoning, and allow church uses to be allowed in the R1-144 district. He stated that they have done their best to accommodate the church's request and to fit it in with the other regulations that are in place. He also stated that staff does not see the Urban Growth Boundary as "set in stone" and they anticipate changes coming forth when the General Plan is updated. Town Attorney Tobin Sidles explained that this item is a translational zoning and State Statutes require the Town translate the zoning to the nearest equivalent. He stated that he does not see that Council has a problem with setting the RI-144 Zoning District, but instead with the interpretation of the building footprints, etc. He stated that these interpretations would go before the Board of Adjustment. He reiterated that Council is to consider the translational zoning and the problem with interpretation should be taken to the Board of Adjustment. Mayor Loomis opened the public hearing. Kirk Hunt, 12428 N. Mesquite Crest Way, member of the Copper Mountain Assembly of God Church, stated that he was also amazed that the 30% disturbance includes retention ponds, parking lots and other infrastructures requirements for the buildings. He stated that the church is growing and this restriction is saying that they can not use their land. He stated that the 30%disturbance restriction restricts the church and prevents the church from increasing its ministry. He explained that the Springboard Home helps troubled girls who need a place to go and he asked Council for the opportunity to serve the community. Dr. James Conrad, 8080 Ocotillo, member of the Church of the Apostles, stated that he agrees with Vice Mayor Parisi in that sometimes we have to do what"makes sense." He stated that although their church agreed to the 30%, they have no problem with their neighboring church (Copper Mountain Assembly of God) being granted the 55% disturbance. Robert Snow Peabody, Executive Director of Springboard Shelter, stated that they have been in existence for 23 years and they have served and helped over 5600 girls. He stated that the need for this type of home is vital and he encouraged Council to consider the increase in disturbance. 03/03/99 Minutes, Council Regular Sessior. 16 Claire Klingler, 12515 N. Como Drive, stated that her home is behind the proposed church. She stated that although she was in support of the churches, she would like to know more about the shelter care home before final consideration is made. Mayor Loomis closed the public hearing. In answer to a question from Council Member Skalsky, Mr. Sidles stated that Council has approximately one month longer to consider the translational zoning on this particular piece of property. In answer to questions from Council Member Johnson, Dr. Chatfield stated that the Conditional Use Permit(CUP) for the property was heard by the Planning and Zoning Commission on March 2nd. He explained that the CUP will be coming forward for Council's consideration in April so neighbors can meet with staff before then to discuss the issue. He concurred that Council will be approving the translational zoning tonight, and the rest of the issues will be coming forward later. Council Member Skalsky stated that she could not approve the 55% disturbance without looking at the master plan. She stated that she would like to also hear from the neighbors before making her decision. MOTION: Council Member Skalsky MOVED to CONTINUE Ordinance No. (0)99-11, OV9-99-21 to the next Council meeting and would like to have a Study Session on the item. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that if Council approves the project with 55% disturbance, the church will still have to come back before Council with their plans and go through the public hearing process. The applicant can then bring forward their development plan and then if Council does not like the plan, it can be denied. Council Member Johnson stated that one of the realities of the situation is that the Urban Growth Boundary was established in 1996, and there has been a significant amount of growth since then. He asked will Tangerine Road remain a rural road or will it have major intersections with commercial development? He stated that in looking at the UGB, we needed to decide if it is realistic for the future. Council Member LaSala stated Council's job now is to decide on the translational zoning. He stated that Oro Valley has a process by which projects and developments can be considered and changed. He stated that it is difficult to give away 55%without knowing exactly what is coming forward. He said that he would like to approve the translational zoning as recommended by staff and then let General Plan amendments or other changes go through the Town's process. Mayor Loomis stated that there is a process in place and he felt that the General Plan is very clear. He stated that there are ways to move forward and that the phased approach by the church will be a reality. He stated that he believes that when the General Plan is 03/03/99 Minutes, Council Regular Sessior. 17 changed, the Urban Growth Boundary will probably be moved to the north. Mayor Loomis stated that he felt the UGB is a protection that the General Plan establishes for the community. He stated that at this point, he is opposed to the 55% disturbance of the property. CALL FOR THE QUESTION: Motion carried, 4— 1 with Council Member Skalsky opposed. Council Member Skalsky stated that she wanted to be careful about forcing the applicant into a General Plan amendment. She stated that her interest in continuing the item to a Study Session was so there would be an awareness by the neighbors of what would be in the neighborhood. She stated that the General Plan is a guideline and a tool and it needs to be addressed with a common sense approach. Council Member Johnson asked staff to have information available on Pima County's Suburban Ranch requirements in terms of measuring the footprint so Council has that information to compare during the translational zoning. Mayor Loomis recessed the meeting at 9:35 p.m. The meeting resumed at 9:45 p.m. 9. PUBLIC HEARING—ORDINANCE NO. (0)99-12 OV9-99-7 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144, WITH CONDITIONS, ON THE KLINGER PROPERTY, LOCATED WITHIN THE LA CHOLLA/TANGERINE ANNEXATION AREA Community Development Director Don Chatfield stated that Ordinance No. (0)99-12 considers a translational zoning on a property that has a Pima County Suburban Ranch Zoning which would translate to Oro Valley's closest equivalent zoning of R1-144. Dr. Chatfiled stated that the property owners have requested that the property retain the horse entitlements that they had in Pima County. Dr. Chatfield stated that the Planning and Zoning Commission met on February 2nd and recommended approval of the translational zoning with livestock and horse entitlements. He stated that staff also recommended approval of the translational zoning. Mayor Loomis opened the public hearing. Claire Klingler, 12151 N. Como Drive, stated that they had no problems with the conditions that were imposed on the translational zoning. Mayor Loomis closed the public hearing. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-12, OV9-99-7, translating zoning for parcel#219-42-0150 in the area known as 03/03/99 Minutes, Council Regular Session 18 La Cholla/Tangerine from Pima County SR to Oro Valley R1-144 along with the conditions listed in Exhibit"A" and all applicable development standards of the R1-144 Zoning District. A) 1. Pima County Standards shall apply to all livestock and horse facilities and activities 2. Any expansion of the existing livestock and horse facilities shall be in conformance with the requirements of the Oro Valley Zoning Code Revised. Specifically, any additional clearing or grading (including the expansion of livestock areas) of more than 1000 square feet shall require a Type I grading permit. Council Member Johnson SECONDED the motion. Motion carried, 5 —O. 10. PUBLIC HEARING—ORDINANCE NO. (0)99-13 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 ON THE FOLLOWING PROPERTIES CONTAINED WITHIN LA CHOLLA/TANGERINE ANNEXATION AREA: OV9-99-3 Corona NW Associates property OV9-99-4 Neville property OV9-99-8 AR MA Membership Benefits Inc. property OV9-99-9 Arizona State Land property OV9-99-10 Haralson property OV9-99-11 Allbright property OV9-99-12 Stark property OV9-99-13 Anderson& Haralson property OV9-99-14 Moschonas property OV9-99-15 Amphitheater Public School District property OV9-99-16 Sing property OV9-99-17, OV9-99-18, OV9-99-19 Levitt property OV9-99-20 Khan property Community Development Director Don Chatfield reported that all the properties referred to in Ordinance (0)99-13 are currently zoned Pima County Suburban Ranch(SR). He explained that staff is recommending translation of the zoning to Oro Valley's closest comparable zoning designation of the R1-144 Zoning District. Dr. Chatfield explained that the Planning and Zoning Commission considered the translational zoning of these properties on February 2nd and recommended approval. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to approve Ordinance No. (0)99-13, Translational Zoning of properties located within La Cholla/Tangerine, from Pima County SR to R1-144 as attached. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 03/03/99 Minutes, Council Regular Session 19 11. PUBLIC HEARING—ORDINANCE NO. (0)99-14 ADOPTING TRANSLATIONAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1- 144 WITH CONDITIONS ON THOSE PROPERTIES KNOWN AS THE MILLER FAMILY PROPERTIES, LOCATED WITHIN NORTH TANGERINE AND SHANNON/LIMEWOOD ANNEXATION AREAS Community Development Director Don Chatfield reported that Ordinance No. (0)99-14 considers a translational zoning for the Miller Family property from Pima County Suburban Ranch(SR)to Oro Valley's R1-144 Zoning District. He explained that the property owner requested during the annexation process that the existing horse and cattle rights under Pima County standards be preserved. Dr. Chatfield stated that Planning and Zoning Commission considered the translational zoning on February 2nd and recommended approval. Mayor Loomis opened the public hearing. Richard Miller, 11650 N. Shannon, stated that he was present for any questions from Council. Mayor Loomis closed the public hearing. MOTION: Council Member Skalsky MOVED to approve Ordinance No. (0)99-14, Translational Zoning of the Miller Properties, from Pima County SR to R1-144, as attached. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 - 0. 12. PUBLIC HEARING—OV13-99-15 APPROVAL OF TOWN OF ORO VALLEY BOULEVARD BANNERS USED TO PUBLICIZE THE TOWN'S 25TH ANNIVERSARY CELEBRATION Community Development Director Don Chatfield reported that the steering committee for the Town's 25th Anniversary Celebration has proposed using banners that would be suspended from light poles to publicize the event. He stated that the hardware to support the banners might also be used to publicize other Town events. Dr. Chatfield explained that the Zoning Code Revised does not allow this type of signage, except under a special use permit for a period of up to 60 days. He stated that the Zoning Code Revised does give the Council the authority to exempt itself from any provisions of the Sign Code. Dr. Chatfield reviewed the proposed locations of the banners totaling 104 banners with an alternative proposal of 52 banners (which would eliminate the commercial locations.) He explained that the Development Review Board(DRB)voted to recommend approval of the Boulevard Banners with conditions. Dr. Chatfield stated that staff cannot support the recommendation of the DRB as the Town has worked very hard to minimize sign clutter within the Town. He explained that there is a process in place to approve special 03/03/99 Minutes, Council Regular Sessioh 20 event banners and signs. He stated that staff feels that the Town should use the Special Use Permit process which is good for up to sixty days. Dr. Chatfield stated that staffs primary concern is that they frequently deal with issues about banners within retail centers. He stated that if the Town would ask to hang banners within the centers, it would compromise the Town's ability to control banner use within the retail centers. He explained that they support the committee in getting the word out and in keeping the communities interest high, but staff would recommend a different approach. Richard Izen, 12356 N. Mt. Bigelow, representing the 25th Anniversary Celebration Steering Committee, stated that have planned several ways to publicize the Celebration. He stated that they would be preparing flyers in conjunction with the Greater Oro Valley Arts Council for the April 17t and 18th kick-off. He stated that there would be newspaper advertisements for all the events as they come up and editorials on the history of the Town. They would also be handing out souvenirs. Mr. Izen explained that the committee was looking for ways to remind the citizens of the celebration and unify the Town. He explained that it was felt that the banners would help promote the events. Mr. Izen reviewed two proposals for placement of the banners throughout the Town. He displayed two renditions of the proposed banners and explained that they would be held rigid by two supports. He also addressed obtaining a Conditional Use Permit and stated that there were no 60 day period between events. He stated that the committee would prefer to get approval for the banners until April, 2000. Mr. Izen stated that they hoped to raise funds for the banners through the Town's citizens and businesses but it would not be a commercial venture. In answer to a question from Council Member LaSala regarding installation of the banners and standards, Town Manager Chuck Sweet explained that typically a local utility or cable company is willing to donate equipment and qualified personnel to install such items. He stated that if the proposal goes forward, he would suggest that the Town contact local companies to see if they would donate the equipment and time. Council Member Johnson stated that one year was a very long time to display the banners. He stated that maybe 30 days or so was long enough. In answer to a question from Council Member LaSala, Dr. Chatfield stated that staff is uncomfortable with exempting ourselves from the Sign Code. He explained that Special Use Permit can be issued for sixty days for each special event. He explained that staff wants to work with the Committee but still maintain control of the Sign Code. Council Member Skalsky stated that she had a problem with the banners being up all year. She stated that the banners would get dirty and tear. • 03/03/99 Minutes, Council Regular Session, 21 Council Member LaSala stated that he is opposed to exempting the Town from its own laws. He stated that he is against the concept of banners and recommended using other types of advertisement. Mayor Loomis opened the public hearing. Mark Lewis, 11810 N. Copper Butte, stated that the street lights at Rancho Vistoso are in the Town right-of-way and are beyond the jurisdiction of the Homeowners Association so the banners could be placed by the Town on the lights outside of Sun City Vistoso. He also asked if the support brackets for the banners would remain on the light poles or would they be removed when the banners were not in place. He also stated that he favored the Town using the system that was already in place for special permits for signs. Mr. Izen stated that the brackets mounted easily and would come down when there were no banners on them. Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to direct staff to work with Mr. Izen and follow staffs recommendation on the issue of boulevard banners. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —O. 13. RESOLUTION NO. (R)99-30 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT KNOWN AS THE "TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN" AND DECLARING AN EMERGENCY MOTION: Council Member Skalsky MOVED to approve Resolution No. (R)99-30 making that document known as the "Town of Oro Valley Parks, Open Space, and Trails Mater Plan," a public record. Vice Mayor Parisi SECONDED the motion. Motion carried, 5 —0. 14. PUBLIC HEARING-ORDINANCE NO. (0)99-15 AMENDING ORDINANCE NO. (0)96-27 TO PROVIDE A SUPPLEMENT TO THE TOWN OF ORO VALLEY GENERAL PLAN - OPEN SPACE/RECREATION ELEMENT—TOWN OF ORO VALLEY PARKS, OPEN SPACE, AND TRAILS MASTER PLAN Community Development Director Don Chatfield thanked Karen Baker, Chair of the Parks and Recreation Board, and Gary Chandler, Vice Chair of the Parks and Recreation Board for their work on the Parks, Open Space and Trails (POST) Master Plan. He stated that there were still some items that needed to be addressed and requested a continuance of the item until March 17 '. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. 03/03/99 Minutes, Council Regular Sessior, 22 MOTION: Council Member LaSala MOVED to CONTINUE Ordinance (0)99-15 until the March 17th Council meeting to allow the Parks and Recreation Board to add their comments and review the document and to allow time for Dr. Chatfield to review and clarify several items from the Mayor. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 15. APPROVAL TO SETTLEMENT NEGOTIATIONS OF FAZIO LAWSUIT (SUPERIOR COURT CASE NUMBER C316599) REGARDING AN IMPROPERLY LOCATED WATER LINE AND ALL ANCILLARY MATTERS) Town Attorney Tobin Sidles stated that discussion regarding Superior Court Case Number C316599 took place in Executive Session with the Town appointed attorney, Mr. Rollman. MOTION: Vice Mayor Parisi MOVED to direct the attorney to accept the proposed settlement and prepare and file any documents necessary for the final disposition of this lawsuit and ancillary matters. Council Member Johnson SECONDED the motion. Motion carried, 4— 1, with Council Member Skalsky opposed. 16. ASSURANCE AGREEMENT FOR THE COMPLETION OF THE HONEY BEE CANYON RECREATION AREA TO ALLOW THE RELEASE OF BUILDING PERMITS FOR RANCHO VISTOSO NEIGHBORHOOD 5B (MONTEREY HOMES) Community Development Director Don Chatfield reported that the Town has approved the development plan for the Honey Bee Recreation Area. He stated that there are a number of subdivisions whose permits are tied to the completion of the recreation area. He stated that the construction of the recreation area has not begun, and Monterey Homes has pulled all the building permits that they can before completion of the recreation area. Dr. Chatfield stated that the Planning and Zoning Administrator, Bryant Nodine, has been working with Monterey Homes and Vistoso Partners and he is recommending that a combination of bonds and cash, that would completely cover the cost of the recreation area, be applied. Staff has determined that with a 20% contingency, the estimate to complete the recreation area would be $174,000. The assurance by Monterey Homes would be held in escrow in the amount of$100,000 and the assurance by Vistoso Partners includes several performance bonds. The total of the assurance agreement comes to $177,450. He stated that approval of the agreement would assure completion of the recreation facilities and allow Monterey Homes to continue to obtain building permits while the recreational facilities are constructed. Dr. Chatfield pointed out that the recreation area needed to be completed by July 6, 1999 or the Town would have the right to take the cash and bonds to have the recreation area constructed. In answer to a question from Council Member LaSala, Dr. Chatfield stated that in putting together the final development plan, the Vistoso Partners felt that they had a lack of • 03/03/99 Minutes, Council Regular Sessior, 23 information from the Town on which way to go. He explained that once the plans were submitted,they went through the normal process without any further delays. MOTION: Council Member Skalsky MOVED to approve Honey Bee Recreation Canyon Recreation Area, OV 12-97-16, Assurance Agreement and allow staff to release building permits as of tomorrow morning (March 4, 1999) for Rancho Vistoso Neighborhood 5B until July 6, 1999. Vice Mayor Parisi SECONDED the motion. Motion carried, 3 —2, with Mayor Loomis and Council Member LaSala opposed. TOWN MANAGER'S REPORT No report. ENGINEER'S REPORT Jim Hossley, Streets and Roads Maintenance Supervisor, reported that construction plans for the left turn bay on west bound Tangerine Road at the La Canada Drive intersection are currently out to bid. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Don Chatfield thanked the Community Development staff and other town staff members for their help in getting the Target Store project completed. He also thanked Target and the Barclay Group for their work. POLICE CHIEF'S REPORT No report. WATER UTILITY DIRECTOR'S REPORT Water Utility Director David Hook announced that Water brochures were distributed to Council and they will be mailed out the Town's residents in the next water billing. COUNCIL COMMITTEE REPORTS No reports. CALL TO AUDIENCE Jeff Grobstein, President of Monterey Homes, thanked Mayor, Council and staff for their work in getting Agenda Item#16, Honey Bee Recreation Area, on the agenda. He • 03/03/99 Minutes, Council Regular Session 24 explained that they over funded the park by $40,000 to insure that the park would be completed and to provide a level of comfort for the Town. Council Member LaSala announced that today (March 3rd) was Council Member Johnson's birthday. He and Council extended birthday wishes to Mr. Johnson. ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 10:45 p.m. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. Respectfully submitted, i Roxana Garrity,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 3rd day of March, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 1 g day of rlflait , 1999. /4-Ftir. Kathryn E. Cuvelier,CMC NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with Chapter 4, Title 9, Arizona Revised Statutes, NOTICE IS HEREBY GIVEN that the Oro Valley Planning and Zoning Commission will hold a public hearing on TUESDAY, APRIL 6, 1999, COMMENCING AT OR AFTER 6:00 P.M. The subject of the public hearings will be proposed amendments to the Oro Valley General Plan. The amendments to the General Plan, if approved, would change the designation of the Albee property, from Parks/Open Space, with a backup designation of LDR 1.2, to medium density land use category. The Albee property is located west of La Cholla Boulevard, and north of Naranja. The hearing will be held at the Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time. Contact Melissa Shaw at 797-9797 for more information. fiier 61"‘ Bryant N•dine, AICP Planning . d Zoning Administrator Projects/gp/amndsalbeenotice AFFIDAVIT OF PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ► 'C'AC•F Y S T I NSO►�I being first NOTICE OF PUBLIC HEARING BEFORE THE ORO duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager VALLEY PLANNING AND ZONING COMMISSION In accordance with Cnapter 4, Title 9,Arizona Revised Statutes, of THE DAILY TERRITORIAL, a daily newspaper printed and published in the NOTICE IS HEREBY GIVEN that the Oro Valley Planning anc Zon- ing Commission wit hold a public hearing on TUESDAY, APRIL 6, County of Pima, State of Arizona, and of general circulation in the City of Tucson, 1999, COMMENCING AT OR AFTER 6:0C P.M. The subject of the public hearings will be prop- osed amendments to the Oro County of Pima, State of Arizona and elsewhere, and the hereto attached Valley General Plan,The amend- ments to the Genera! Piar, if ap- ALBEE PROPERTY proved, would change the desig- nation of the Albee property,from PUBL IC N u I ICE Parks / Open Space, with a backup designation of LDR :.2. «-:�cr.� x..:..:-: _ tc medium density land use category. The Albee property is located west of La Cholla Boule- vard, and north of Naranja. The nearing will be held at the Oro Valley Town Hall, 11,000 N. La Canada Drive,Oro Valley,Ar- izona. Members of the public are invited to attend this meeting and will be was printed and published correctly in the regular and entire issue of said THE given an opportunity to speak.An agenda for this meeting will be made available at least 24 hours prior to meeting time. Contact DAILY TERRITORIAL for issues; that the first was made Melissa Shaw at 797-9797 for more information. Bryant Nodine Bryan: Nodine, AiCP Planning and Zoning Administrator on the day of 19 Pub: The Daily Territorial .:.2:f*1 r"1 j tr, I "f`_ March 22, 1999 Rep: Town of Oro Valley and the last publication thereof was made on the — t dayof pnalbee 3/22/99 ss .�: Ef�. MARCH 19 ;that said publication was made on each of the following dates,to-wit: L A,), l.. I I l 7 , Request of' t > Al{ h�i�. 1lt �.�► V AL...i Daily Territorial By Subscribed and sworn to before me this day oft;, ► 19 OFFICIAL SEAL _, DAWN LEIGH DOUGALL NOTARY PUBLIC-ARIZONA PIMA COUNTY M Comm.Excires Sept.20,2002 Notary Public in and for the County of Pima, State of Arizona My Commission Expires: TOWN OF ORO VALLEY 5 . COUNCIL COMMUNICATION MEETIN 1 ATE: May 5, 1999 I .t ) TO: HONORABLE MAYOR& COUNCIL 4/-..� ` FROM: Melissa Shaw, AICP, Planner II S i - I-6 , 1 SUBJECT: ORDINANCE NO. (0)99- 37,AMENDMENTS TO THE 1996 GENE L PLAN FOR 4 ACRES IN ORO VALLEY, KNOWN AS THE ALBEE PROPER Y, LOCATED SOUTHEAST OF THE INTERSECTION OF FIRST AVENUE AND PALISADES ROAD. BACKGROUND AND SITE DESCRIPTION: The Planning and Zoning Commission initiated an amendment to the General Plan on March 2, 1999 at the request of the property owner Maralyn Albee, and held a public hearing on April 6, 1999. Requests for General Plan amendments may be submitted twice a year, in February thru March and August thru September. The subject parcel is 4.009 acres in size, and is located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road. The recently approved translational zoning for this and the surrounding properties is R1-144. Access is via an unpaved road at the western end of Glover Road. It is surrounded on the north and east sides by school district property (the Wilson School), on the south side by an unpaved road and ""acant property, and on the west by largely vacant property and one home (see the attached location map). The roperty is in close proximity to a major wash, and has relatively minor topography. Currently on the site are Lnree structures used as residences, and the unpaved road. School playing fields border the north and east sides. LANDOWNER'S RQUEST: The General Plan land use designation for this site is Parks/Open Space, with a backup designation of LDR 1.2. The original request was to change the land use designation to "a medium density (MDR) land use category" (the MDR land use designation permits 2.1 to 5.0 du/ac). The landowner asked the Commission during the April 6th hearing to continue this request in order to consider the low density residential, 1.2-2.0 du/ac, designation instead of medium density residential. The Commission declined to continue the item. GENERAL PLAN CONFORMANCE: Oro Valley Land Use Map and Policy Analysis: Oro Valley has designated this area as acceptable for park/open space, with a backup designation of low-density residential uses 1.2 (0.6 to 1.2 dwelling units per acre). Park/open space denotes areas that are "to be precluded from development except for public recreational facilities or nature preserves. Open space should be left in a natural state for scenic purposes due to topographic or drainage constraints or the need to provide buffers between potentially incompatible land uses". General plan backup designations are recommended"in the event that the use shown cannot be realized due to lack f funding or other factors." The low density backup designation denotes areas " where single family residential —evelopment is desirable, but only if it is at a density that will permit retention of a rural, open character...clustering and building envelopes would be encouraged within this classification to ensure maximum protection of the Sonoran Desert and allocation of open space". TOWN OF ORO VALLEY ;OUNCIL COMMUNICATION Page 2 of4 The requested medium density residential designation permits 2.1 to 5.0 dwelling units per acres, and is "where typical single-family detached,townhouse, or patio home development is suitable...[t]hese areas should be located with proximity to schools, shopping and employment". Several General Plan policies are applicable in consideration of this request for an amendment. Based on the proximity of the site to the Wilson School, policies that promote locating residential development to school sites support the request for an amendment, as it is desirable to site schools with residential use. The LDR 1.2 - 2.0 du/ac designation would be a logical transition between the school and the LDR 0.5 - 1.2 designated property immediately to the south. Additionally, the fact that the site is not in a totally natural state, due to site disturbance and residences, and has infrastructure in place (water and sewer are on site) lessens its value as natural open space and supports higher density development. Conversely, the proximity of the site to a significant wash and potential wildlife habitat area supports the need for a low-density buffer between the school and sensitive land. Information on vegetation and wildlife habitat has not been made available, however, a site visit showed little disturbance on parcels around the site. Findings of Fact: As stated in "Focus 2020", the granting of a general plan amendment will be based on the following findings of fact: 1. That the amendment constitutes an overall improvement to the general plan and is not solely for the benefit of a particular landowner or owners at a particular point in time. Based on potential impacts to the open space and riparian area, a change to low density residential 1.2-2.0 will not constitute an overall improvement to the general plan. 2. That the amendment is consistent with the vision, goals, and policies of the general plan. The following goals and policies are relevant to this request. Policies 1.2A and 1.3I support the amendment,while the remainder do not. Policy 1.2A: "Encourage the location of residential neighborhoods close to activity centers to minimize travel times." The proximity of the site to the Wilson School supports a higher density land use classification. Policy 1.2D: "Institute complementary zoning near open space, parks, washes, trails, trailheads, schools, and recreation areas to provide adequate buffer." The underlying land use category LDR 0.6 to 1.2 provides adequate and sufficient buffer between the adjacent school site and wash area. A more intense category will generate additional traffic and may not provide adequate buffer to the wash. Policy 1.3I: "Ensure safe bike/pedestrian access to school sites from open space, parks and neighborhoods." The proximity of this site to the school ensures easy, safe pedestrian access. Policy 6.2B: "Open space preservation shall be used as a criterion in deciding the approval or denial of land use rezoning proposals." For value as preserved open space, given that the site is already partially disturbed, the primary benefit is that it will provide a buffer between the school and potential park/open space site and additional low density residential. That the general plan land use map does not provide appropriate optional sites for the use proposed in the amendment. The land use map does provide other sites appropriate for medium density residential land uses. • • TOWN OF ORO VALLEY OUNCIL COMMUNICATION Page 3 of4 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 process. The requested low-density residential 1.2-2.0 designation may adversely impact the open space and riparian area to the west, due to the potential density of up to 8 homes on the site. Mitigation such as clustering may not provide sufficient protection of the wash and open space at this density. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission held a public hearing on April 6, 1999, and moved to recommend denial of the proposed amendment changing the land use designation from Park/Open Space, with a backup designation of LDR 0.6-1.2, to MDR. The motion passed with a 5-0 vote. STAFF RECOMMENDATION: Because of the presence of the wash to the west and uncertainty of the impact of higher density development on the wash, staff cannot support a recommendation to change the General Plan land use designation. Planning staff recommends that the Town Council retain the current land use designation of park/open space and the backup designation LDR 0.6-1.2 for the Albee property. UGGESTED MOTION: The Council may wish to consider the following motions: I move not to adopt Ordinance No. (0)99-37 , Amendments to the 1996 General Plan, and to retain the General Plan land use designation park/open space designation and the backup designation LDR 0.5-1.2 for that parcel known as the Albee property. OR I move to adopt Ordinance No. (0)99- 37 , Amendments to the 1996 General Plan changing the land use designation from park/open space designation and the backup designation LDR 0.5-1.2 to MDR 2.1-5.0. OR I move to adopt Ordinance No. (0)99- 37 , Amendments to the 1996 General Plan changing the land use designation from park/open space designation and the backup designation LDR 0.5-1.2 to ATTACHMENTS: 1. Ordinance No. (0)99- 37 2. April 6, 1999 letter from Maralyn Albee 3. Exhibit A: Current General Plan Land Use Map and Site Location 4. Excerpt of Minutes from the April 6, 1999 Planning and Zoning Commission Hearing TOWN OF ORO VALLEY ;'OUNCIL COMMUNICATION Page 4 of4 r:PROJECTS\GP\AMDTS\ALBEETC.RPT i : i Z of • inistrator iI �i, • I .. x I' C ity D o%fl - 1 irect. ligr d 'd.' Town Manag ORDINANCE NO. (0)99- 37 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE LAND USE MAP OF THAT DOCUMENT KNOWN AS "FOCUS 2020: TOWN OF ORO VALLEY GENERAL PLAN, JULY 1996"; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Focus 2020: Town Of Oro Valley General Plan, July 1996"; and WHEREAS, it has become necessary to revise, amend and update this document due to a request for an alternate land use for is 4.009 acres located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road, and WHEREAS, the Planning and Zoning Commission, having considered an amendment to the Land Use Map of the Town of Oro Valley General Plan relative to the appropriate land use designation for that property known as the Albee property; and having held a public hearing on said map amendment; and having made its recommendations to the Town Council that the land use designation not be changed from Parks Open Space to Low Density Residential 1.2 - 2.0; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts a revised Land Use Map as a part of that certain document known as " Focus 2020: Town of Oro Valley General Plan, July 1996". Said map revision shall reflect a land use designation Low Density Residential 1.2 - 2.0 on that property known as the Albee property, as shown in Exhibit A. Three copies of the revised Land Use Map of said document are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. SECTION 2. The effective date of the revised Land Use Map 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 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 5th day of May, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with Chapter 4,Title 9,Arizona Revised Statutes, NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a public hearing on WEDNESDAY, MAY 5, 1999, COMMENCING AT OR AFTER 7:00 P.M. The subject of the public hearings will be proposed amendments to the Oro Valley General Plan. The amendments to the General Plan, if approved, would change the designation of the Albee property, from Parks/Open Space, with a backup designation of LDR 1.2, to medium density land use category. The Albee property is located west of La Cholla Boulevard,and north of Naranja. The hearing will be held at the Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for this meeting will be made available at least 24 hours prior to meeting time. Contact Melissa Shaw at 797-9797 for more information. ile I B 717$dine,AICP Planning and Zoning Administrator POSTED: 4/20/99 12 : 30 SR Projects/gp'amndsalbeenoticc AFFIDAVIT OF PUBLICATION TATE OF ARIZONA) � • :ss. COUNTY OF PIMA S[w'y STINSON being first NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager TOWN COUNCIL in accordance with Chapter !, Title 9,Arizona Revised Statutes, NOTICE IS HEREBY GIVEN that of THE DAILY TERRITORIAL, a daily newspaper printed and published in the the Oro Valley Town Council will hold a public hearing on WED- NESDAY, MAY 5, 1999, COM- MENCING AT OR AFTER 7:00 County of Pima, State of Arizona, and of general circulation in the City of Tucson, P.M. The subject of the public nearings will oe proposed amendments to the Ore Valley General Plan. The amendments County of Pima, State of Arizona and elsewhere, and the hereto attached to the General Plan, if approved, would change the designation of the Albee property, from Parks / FHE ALBEE PROPER-FY Open Space, with a backup de- signation of LDR 1.2, to medium PUBLIC NONCE density land use category. The Albee property is located west of La Cholla Boulevard,and north of ., :_.•:- _ . Naranfa. The hearing will be held at the Oro Valley Town Hall, 11,000 N. La Canada Drive, Oro Valley,Ar- izona. Members of the public are invited to attend this meeting and will be given an opportunity to speak.An was printed and published correctly in the regular and entire issue of said THE agenda for this meeting will be made available at least 24 hours prior to meeting time. Contact Melissa Snaw at 797-9797 for DAILY TERRITORIAL for issues; that the first was made more information. Bryant Nodine Bryant Nodine, AICP Planning and Zoning Admi- nistrator on the day of APRIL 19 99 Pub: The Daily Territorial April 23, 1999 Req: Town of Oro Valley pnalbee 4/23/99 tjs and the last publication thereof was made on the 23rd day of 19 ;that said publication was made on each of the following dates,to-wit: 04/23/99 • Request of rowN ORO vim, EY Daily Territorial By k`4,4,,SL Subscribed and sworn to before me this 23rd day of APRIL 19 ;-- ' lAL SEAL DAWN .r IG i DOUGALL NOTK Y OtILIC=ARIZONA PI MA COUN1''Y 11Tlf cv)6' M Comm DON%0e t.20,2002 Notary Public in and for the County of Pima,State of Arizona My Commission Expires: -n �` �(�`� 05/05/99 Minutes, Council Regular Session 7 4. PUBLIC HEARING - ORDINANCE NO. (0)99-36 AMENDING THE ORO VALLEY TOWN CODE TO REVISE THE SPEED LIMIT FOR WOODBURNE AVENUE BETWEEN ARROWSMITH DRIVE AND RANCHO VISTOSO BOULEVARD Town Engineer Bill Jansen reviewed the staff report and stated that this ordinance was to correct an error made on a previous motion. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to approve Ordinance (0)99-36, amending Chapter 11, Section 11-3-4I to read "Woodburne Avenue from Moore Road to Arrowsmith Drive: 35 miles per hour." Council Member LaSala SECONDED the motion. Motion carried, 5 —0. 5. PUBLIC HEARING —ORDINANCE NO. (0)99-37 AMENDMENTS TO THE 1996 GENERAL PLAN FOR 4 ACRES IN ORO VALLEY, KNOWN AS THE ALBEE PROPERTY (PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF FIRST AVENUE AND PALISADES ROAD Community Development Director Don Chatfield reviewed the staff report. He further reported that the Planning and Zoning Commission moved to recommend denial of the proposed amendments changing the land use designation from Park/Open Space with a backup designation of LDR 0.6-1.2, to MDR. He explained that planning staff also recommends denial of the request to change the General Plan land use designation due to the fact that the four findings as outlined in the General Plan are not met by the applicant and because of the presence of a wash to the west and the uncertainty of the impact of higher density development on the wash. Mayor Loomis opened the public hearing. In answer to a question from the audience, it was noted that the title of the staff report listed the Albee property incorrectly. Mayor Loomis closed the public hearing. MOTION: Council Member LaSala MOVED to CONTINUE consideration of Ordinance No. (0)99-37 to the next meeting subject to checking the posting of the property. Vice Mayor Johnson SECONDED the motion. Motion to continue carried, 5 — 0. 6. PUBLIC HEARING—ORDINANNCE NO. (0)99-38 AMENDMENTS TO THE 1996 GENERAL PLAN FOR 3.909 ACRES IN ORO VALLEY, KNOWN AS THE WINCHESTER PROPERTY (PROPERTY LOCATED SOUTHEAST OF TOWN OF ORO VALLEY 3 COUNCIL COMMUNICATION MEETING DATE: MAY 19, 1999 TO: HONORABLE MAYOR& COUNCIL FROM: Melissa Shaw, AICP, Planner II SUBJECT: PUBLIC HEARING, ORDINANCE NO. (0)99- 37 , AMENDMENTS TO THE 1996 GENERAL PLAN FOR 4 ACRES IN ORO VALLEY, KNOWN AS THE ALBEE PROPERTY, LOCATED WEST OF LA CHOLLA BOULEVARD AND SOUTH OF TANGERINE ROAD (CONTINUED). BACKGROUND AND SITE DESCRIPTION: This item was continued from the May 5 Council meeting due to a location error in the report title and agenda. The Planning and Zoning Commission initiated an amendment to the General Plan on March 2, 1999 at the request of the property owner, Maralyn Albee, and held a public hearing on April 6, 1999. Requests for General Plan amendments may be submitted twice a year, in February thru March and August thru September. The subject parcel is 4.009 acres in size, and is located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road. The recently approved translational zoning for this and the surrounding properties is R1-144. Access is via an unpaved road at the western end of Glover Road. It is surrounded on the north and east sides by school district property (the Wilson School), on the south side by an unpaved road and vacant property, and on the west by largely vacant property and one home (see the attached location map). The property is in close proximity to a major wash, and has minor topographic features. Currently on the site are three structures used as residences, and the unpaved road. School playing fields border the north and east sides. LANDOWNER'S RQUEST: The General Plan land use designation for this site is Parks/Open Space, with a backup designation of low-density residential (LDR) 1.2. The original request was to change the land use designation to "a medium density (MDR) land use category" (the MDR land use designation permits 2.1 to 5.0 du/ac). Because the landowner was unaware of a designation between MDR and the backup LDR 1.2 designation (LDR 1.3-2.0 du/ac), until just before the Commission meeting, she requested continuance of the item during the April 6th hearing, in order to consider LDR 1.3-2.0 instead of MDR. The Commission declined to continue the item. GENERAL PLAN CONFORMANCE: Oro Valley Land Use Map and Policy Analysis: Oro Valley has designated this area as acceptable for park/open space, with a backup designation of low-density residential uses 1.2. Park/open space denotes areas that are "to be precluded from development except for public recreational facilities or nature preserves. Open space should be left in a natural state for scenic purposes due to topographic or drainage constraints or the need to provide buffers between potentially incompatible land uses". General plan backup designations are recommended"in the event that the use shown cannot be realized due to lack of funding or other factors." The low density backup designation denotes areas"where single family residential TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of4 development is desirable, but only if it is at a density that will permit retention of a rural, open character...clustering and building envelopes would be encouraged within this classification to ensure maximum protection of the Sonoran Desert and allocation of open space". The requested medium density residential designation permits 2.1 to 5.0 dwelling units per acres, and is "where typical single-family detached,townhouse, or patio home development is suitable...[t]hese areas should be located with proximity to schools, shopping and employment". It is desirable to site schools with residential use, and the request for an amendment is supported by the close proximity of the site to the Wilson School. Additionally, the fact that the site is not in a totally natural state, due to site disturbance and residences, and that infrastructure is in place (water and sewer are on site) lessens its value as natural open space and supports higher density development. Considering these conditions,the alternative between MDR and LDR 1.2, LDR 1.3-2.0, would be a logical transition between the school and the LDR 0.6- 1.2 designated property immediately to the south. Nevertheless,the proximity of the site to a significant wash and potential wildlife habitat area supports the need for a low-density buffer between the school and sensitive land. Although information on vegetation and wildlife habitat has not been made available, a site visit shows minimal disturbance on parcels to the south and west of the site. The current back-up designation of LDR 1.2 provides a buffer to the potentially significant habitat area. In regard to a question of the need for a buffer to the wash and the proximity of her property to the wash, Ms. Albee has requested clarification. The closest distance from the property to the wash is approximately 200' and the farthest is 700', as shown on the attached map. Findings of Fact: As stated in"Focus 2020",the granting of a general plan amendment will be based on the following findings: 1. That the amendment constitutes an overall improvement to the general plan and is not solely for the benefit of a particular landowner or owners at a particular point in time. MDR and LDR: Based on potential impacts to the open space and riparian area, a change to medium- density or low density residential 1.2-2.0 will not constitute an overall improvement to the general plan. 2. That the amendment is consistent with the vision, goals, and policies of the general plan. The following goals and policies are relevant to this request. Policies 1.2A and 1.3I support the amendment,while the remainder do not. Policy 1.2A: "Encourage the location of residential neighborhoods close to activity centers to minimize travel times." MDR and LDR: The proximity of the site to the Wilson School supports this policy and a higher density land use classification. Policy 1.2D: "Institute complementary zoning near open space, parks, washes, trails, trailheads, schools, and recreation areas to provide adequate buffer." MDR and LDR: The underlying land use category LDR 0.6 to 1.2 provides adequate and sufficient buffer between the adjacent school site and wash area. A more intense category will generate additional traffic and may not provide adequate buffer to the wash. Policy 1.3I: "Ensure safe bike/pedestrian access to school sites from open space, parks and neighborhoods." MDR and LDR: The proximity of this site to the school ensures easy, safe pedestrian access and supports this policy. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of4 Policy 6.2B: "Open space preservation shall be used as a criterion in deciding the approval or denial of land use rezoning proposals." MDR: Value as preserved open space is less important, given that the site is already partially disturbed,that the primary benefit of the site as a buffer between the school and potential park/open space site and additional low density residential. Medium density development would not support this policy. LDR: The back up land use category of LDR 1.2 provides adequate buffer to the designated open space area. An increase in density in the LDR category may not. 3. That the general plan land use map does not provide appropriate optional sites for the use proposed in the amendment. MDR and LDR: The land use map does provide other sites appropriate for medium density residential land uses. 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 process. MDR and LDR: Both the MDR and low-density residential 1.2-2.0 designations may adversely impact the open space and riparian area to the west, due to the potential density of up to 8 homes on the site. Mitigation such as clustering may not provide sufficient protection of the wash and open space at this density. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission held a public hearing on April 6, 1999, and moved to recommend denial of the proposed amendment changing the land use designation from Park/Open Space, with a backup designation of LDR 0.6-1.2, to MDR. The Commission also declined the landowner's request to continue the item so that the low-density residential (1.2-2.0) designation could be considered instead. The motion passed with a 5-0 vote. PUBLIC COMMENT: Three members of the audience spoke during the Planning Commission public hearing regarding this item. All were opposed to the proposed amendment. STAFF RECOMMENDATION: Because of the presence of the wash to the west and uncertainty of the impact of higher density development on the wash, staff cannot support a recommendation to change the General Plan land use designation. Planning staff recommends that the Town Council retain the current land use designation of park/open space with the backup designation of LDR 0.6-1.2 for the Albee property. SUGGESTED MOTION: The Council may wish to consider one of the following motions: TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of4 I move not to adopt Ordinance No. (0)99- 37 , Amendments to the 1996 General Plan, and to retain the General Plan land use designation park/open space designation and the backup designation LDR 0.5-1.2 for that parcel known as the Albee property. OR I move to adopt Ordinance No. (0)99- 37 , Amendments to the 1996 General Plan changing the land use designation from park/open space designation and the backup designation LDR 0.5-1.2 to MDR 2.1-5.0. OR I move to adopt Ordinance No. (0)99-37 , Amendments to the 1996 General Plan changing the land use designation from park/open space designation and the backup designation LDR 0.5-1.2 to . ATTACHMENTS: 1. Ordinance No. (0)99- 37 2. April 6, 1999 letter from Maralyn Albee 3. Current General Plan Land Use Map, Site Location Map and Proximity to 100-year flood limits 4. Excerpt of Minutes from the April 6, 1999 Planning and Zoning Commission Hearing F:PROJECTS\GP\AMDTS\ALBEETC.RPT / vJ it)L Pl. • and oning ministra r C fIdri ty D- elopment Director / ' , 4 Town Man.ger ORDINANCE NO. (0)99- 37 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE LAND USE MAP OF THAT DOCUMENT KNOWN AS "FOCUS 2020: TOWN OF ORO VALLEY GENERAL PLAN, JULY 1996"; FIXING THE EFFECTIVE DATE THEREOF; AND REPEALING ANY OTHER ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Town of Oro Valley adopted a document known as the "Focus 2020: Town Of Oro Valley General Plan, July 1996"; and WHEREAS, it has become necessary to revise, amend and update this document due to a request for an alternate land use for is 4.009 acres located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road, and WHEREAS, the Planning and Zoning Commission, having considered an amendment to the Land Use Map of the Town of Oro Valley General Plan relative to the appropriate land use designation for that property known as the Albee property; and having held a public hearing on said map amendment; and having made its recommendations to the Town Council that the land use designation not be changed from Parks Open Space to Medium Density Residential; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts a revised Land Use Map as a part of that certain document known as " Focus 2020: Town of Oro Valley General Plan, July 1996". Said map revision shall reflec a land use designation Medium Density Residential on that property known as the Albee property, as shown in Exhibit A. Three copies of the revised Land Use Map of said document are on file in the office of the Town Clerk of the Town of Oro Valley, Arizona. SECTION 2. The effective date of the revised Land Use Map 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 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 19th day of May, 1999. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Dan Dudley, Town Attorney 111 e . April 6. 1999 Oro Valley Planning&Zoning 11000 N.La Canada Dr. Oro Valley, AZ 85742 To Whom It May Concern, The Objective of this letter is to change my original request from a medium density to an LDR 1.2—2.0 dwelling units per acre as suggested to me as an alternative by your Commission. This seems to be a more logical and practical plan for this acreage. This density is more in keeping with Oro Valley's over all plan of protecting the environment. I would like to ask for a continuance to consider this new request. Thank you. Sincerely, )7 Maralyn Albee GE JERALPLANLAMENDMENTLREQUEST TANGERINF ROAC WASH SI 1 E WILSON SCHOOL 4 1 4111 14), Glover-Road— ALBEE PROPERTY It *41 w r E 0.5 0 11000' . ry- 1- Proximity of 1OOyrflod limits to Albee Property - - h 78 _ co NW corner approx. 200' from wash i. Albee Site Glover Road SW corner approx. 700' from wash N 0.2 0 .2 Miles U'+E s source: 1999 FEMA Maps and OV GIS MARCH 2, 1999 MISS,P&Z COMMISSION MEETING 16 PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Moody/Wiant) and carried by a 6-0 vote to approve translational zoning from Pima County SR to Oro Valley R1-144 and Exhibit "A" and the additional condition is that access be limited as a temporary access and it may be closed as the Tangerine Corridor is developed. PUBLIC HEARING: OV9-99-95 COFFINGER, OV9-99-107 STENSTROM,and OV9-99-108 STENSTROM, TRANSLATIOINAL ZONING FROM PIMA COUNTY SR TO ORO VALLEY R1-144 WITH LIVESTOCK ENTITLEMENTS, EXHIBIT "A": 1. Pima County Standards shall apply to all livestock and horse facilities and activities. 2. Any expansion of the existing livestock and horse facilities shall be in conformance with the requirements of the Oro Valley Zoning Code Revised. Specifically, any additional clearing or grading (including the expansion of livestock areas) of more than 1000 square feet shall require a Type I grading permit. PUBLIC HEARING OPENED No speakers. PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Wiant/Moody) and carried by a 6-0 vote to approve OV9-99-95, OV9-99-107 and OV9-99-108, Translational Zoning from Pima County SR to Oro Valley R1-144 with Livestock Entitlements and all conditions listed in Exhibit "A": PLANNING & ZONING COMMISSION, CONDITIONS FOR APPROVAL, OV9-99-95 COFFINGER, OV9-99-107 AND OV9-99-108 STENSTROM. 1. Pima County Standards shall apply to all livestock and horse facilities and activities. 2. Any expansion of the existing livestock and horse facilities shall be in conformance with the requirements of the Oro Valley Zoning Code Revised. Specifically, any additional clearing or grading (including the expansion of livestock areas) of more than 1000 square feet shall require a Type I grading permit. 10. PUBLIC HEARING: REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FOR THAT AREA KNOWN AS THE ALBEE PROPERTY Mr. Nodine, AICP summarized that the Planning and Zoning Commission initiated an amendment to the General Plan on March 2, at the request of the property owner, Maralyn Albee. Requests for General Plan amendments may be submitted twice a year, in February through March and August through September. Mr. Nodine, AICP explained that the subject parcel is 4.009 acres in size, and is located in the new annexation area, west of La Cholla Boulevard and south of Tangerine Road. . The pending translational zoning for this and the surrounding properties is from SR to R1-144. Access is via an unpaved road at the MARCH 2, 1999 ,P&Z COMMISSION MEETING 17 western end of Glover Road. It is surrounded on the north and east sides by school district property (the Wilson School), on the south side by an unpaved road and vacant property, and on the west by largely vacant property and one home (see the attached location map). The property is in close proximity to a major wash, and has relatively minor topography. Currently on the site are three structures used as residences, and the unpaved road. School playing fields border the north and east sides Mr. Nodine, AICP stated that the request from the property owner is to change the General Plan land use designation from Parks/Open Space, with a backup designation of LDR 1.2, to "a medium density land use category". The medium density land use designation permits 2.1 to 5.0 du/ac. Mr. Nodine, AICP explained to the Commission that the Town of Oro Valley has designated this area as acceptable for park/open space, with a backup designation of low-density residential uses 1.2 (0.6 to 1.2 dwelling units per acre). Park/open space denotes areas that are "to be precluded form development except for public recreational facilities or nature preserves. Open space should be left in a natural state for scenic purposes due to topographic or drainage constraints or the need to provide buffers between potentially incompatible land uses". Mr. Nodine, AICP reported that the General plan backup designations are recommended "in the event that the use shown cannot be realized due to lack of funding or other factors." The low density backup designation denotes areas " where single family residential development is desirable, but only if it is at a density that will permit retention of a rural, open character...clustering and building envelopes would be encouraged within this classification to ensure maximum protection of the Sonoran Desert and allocation of open space". The requested medium density residential designation permits 2.1 to 5.0 dwelling units per acres, and is "where typical single-family detached, townhouse, or patio home development is suitable...these areas should be located with proximity to schools, shopping and employment". Mr.Nodine, AICP stated that several General Plan policies are applicable in consideration of this request for an amendment. Based on the proximity of the site to the Wilson School, policies that promote locating residential development to school sites support the request for an amendment, as it is desirable to site schools with residential use. Additionally, the fact that the site is not in a totally natural state, due to site disturbance and residences, and has infrastructure in place (water and sewer are on site) lessens its value as natural open space and supports higher density development. Conversely, the proximity of the site to a significant wash and potential wildlife habitat area supports the need for a low density buffer between the school and sensitive land. Information on vegetation and wildlife habitat has not been made available, however, a site visit showed little disturbance on parcels around the site. Findings of Fact: As stated in"Focus 2020",the granting of a general plan amendment will be based on the following findings of fact: 1. That the amendment constitutes an overall improvement to the general plan and is not solely for the benefit of a particular landowner or owners at a particular point in time. Based on potential impacts to the open space and riparian area, a change to medium density residential will not constitute an overall improvement to the general plan. 2. That the amendment is consistent with the vision, goals, and policies of the general plan. 111 MARCH 2, 1999 MISS,P&Z COMMISSION MEETING 18 The following goals and policies are relevant to this request. Policies 1.2A and 1.3I support the amendment,while the remainder do not. Policy 1.2A: "Encourage the location of residential neighborhoods close to activity centers to minimize travel times." The proximity of the site to the Wilson School supports a higher density land use classification. Policy 1.2D: "Institute complementary zoning near open space, parks, washes, trails, trailheads, schools, and recreation areas to provide adequate buffer." The underlying land use category LDR 0.6 to 1.2 provides adequate and sufficient buffer between the adjacent school site and wash area. A more intense category will generate additional traffic and may not provide adequate buffer to the wash. Policy 1.3I: "Ensure safe bike/pedestrian access to school sites from open space, parks and neighborhoods." The proximity of this site to the school ensures easy, safe pedestrian access. Policy 6.2B: "Open space preservation shall be used as a criterion in deciding the approval or denial of land use rezoning proposals." For value as preserved open space, given that the site is already partially disturbed,the primary benefit is that it will provide a buffer between the school and potential park/open space site and additional low density residential. 3. That the general plan land use map does not provide appropriate optional sites for the use proposed in the amendment. The land use map does provide other sites appropriate for medium density residential land uses. 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 process. The requested medium-density residential designation may adversely impact the open space and riparian area to the west,due to the potential density of up to 20 homes on the site. Mitigation such as clustering would not provide sufficient protection of the wash and open space at this density. Mr. Nodine, AICP stated that the Planning staff recommended that the Planning and Zoning Commission forward the proposed General Plan amendment to the Town Council with a recommendation to retain the current land use designation of park/open space and the backup designation LDR 0.5-1.2. An alternative to the medium density request would be to change the designation to LDR, 1.2 - 2.0 dwelling units per acre. This designation would be a logical transition between the school and the LDR 0.5 - 1.2 designated property immediately to the south. However, because of the presence of the wash to the west and uncertainty of the impact of higher density development on the wash, staff cannot support a recommendation to change the General Plan land use designation. Mrs. Albee presented a letter to Chair Douglas, stating that she would like to amend her previous request and change the designation of the Albee property. Mr. Nodine, AICP stated that in light of the amended request and the fact that there is a wash located on the property in question, staff could no longer recommend that this request to amend the General Plan be forwarded to the Town Council. Chair Douglas asked Mrs. Albee if she would like to speak, Mrs. Albee declined. PUBLIC HEARING OPENED MARCH 2, 1999 mi,S,P&Z COMMISSION MEETING 111 19 Bill Adler, 10720 N. Eagle Eye, stated that the burden should be placed upon the applicant to prove that the fmdings allow for General Plan amendments. Clearly, even though the applicant has requested to change the density, number three on the requirements will never be met. He stated that the staff report does not state why number three has been met. Barbara Smith, 13600 N. Como Drive, expressed her concern that Oro Valley is approving all these changes while there is still a court case pending. Linda Goodwillie, opposed to the proposed change in the General Plan. PUBLIC HEARING CLOSED MOTION: Moved/Seconded (Moody/Partridge) and carried by a 5-0 vote to deny a request to amend the Town of Oro Valley General Plan for that area known as the Albee property, located in the new annexation area,west of La Cholla Boulevard and south of Tangerine Road. 11. PUBLIC HEARING: REQUEST TO AMEND THE TOWN OF ORO VALLEY GENERAL PLAN FOR THAT AREA KNOWN AS THE WINCHESTER PROPERTY Mr.Nodine, AICP reported that the Planning and Zoning Commission initiated an amendment to the General Plan on March 2, 1999 at the request of the property owners,Ken and Iva Winchester. Requests for General Plan amendments may be submitted twice a year, in February through March and August through September. Mr. Nodine, AICP explained that the subject parcel is 3.909 acres in size, located near the intersection of First Avenue and Palisades Road, approximately 250 feet east of First Avenue. The current zoning is R1- 144. It is part of the 1995 annexation area known as the "Palisades Parcel Splits". Palisades Road borders the north property side, a Rural Metro Fire station and R1-144 zoned vacant property the west, and the east and south sides are bounded by developed and vacant residential property zoned R1-36. It is important to note that although the zoning is R1-36 for 10 of the 12 parcels in the annexation area, restrictions do not allow parcels less than 1.01 acres in size. Mr. Nodine, AICP stated that the site is vacant and undisturbed with the exception of an unpaved 2-track road, and it contains substantial slopes (hillside development zone standards may apply). There are no identified protected riparian areas on the site however, the topography indicates minor drainages may be present. Mr. Nodine, AICP summarized that the landowners are requesting a General Plan amendment to change the land use designation from Rural Low Density Residential(0-0.3 DU/Acre) to Low Density residential (LDR 0.6-1.2 Du/ac). Mr. Nodine, AICP stated that in regards to the General Plan, Oro Valley has designated this area as acceptable for rural low-density residential uses(R-LDR). The Plan denotes "areas of large lot single family development ...desirable in a rural environment". This is the lowest intensity land use designation category in the General Plan,with density from 0-0.3 dwelling units per acre, and is identified as an"area where there is a desire to retain a rural lifestyle or where protection of the natural environment is necessary". The Rural MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MAY 19, 1999 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paul Parisi, Council Member Fran LaSala, Council Member Wayne Bryant, 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. He also announced that the Town Hall facilities would be closed on Monday, May 31 st due to the Memorial Day holiday. CALL TO AUDIENCE No speakers. CONSENT AGENDA At the request of Council Member Bryant, Mayor Loomis pulled Items D, E, G, I, from the Consent Agenda. MOTION: Vice Mayor Johnson MOVED to approve the Consent Agenda, excluding items D, E, G, and I. Council Member Parisi SECONDED the motion. Motion carried, 5 —O. Mayor Loomis stated that Item D will be discussed after Agenda Item#6. A. Minutes—4/21/99; 5/5/99 B. Finance Report—March 1999 C. Resolution No. (R)99-50 Approving an Intergovernmental Agreement with Metropolitan Domestic Water Improvement District terminating the 05/19/99 Minutes, Regular Council Sessic,,, 2 Intergovernmental Agreement of the 28th day of September 1992 by & between the Metropolitan Domestic Water Improvement District&the Town of Oro Valley on behalf of the Oro Valley Water Improvement District No. 1 D. Request from Town Manager for authorization to advertise for (2) Water Utility Service Worker positions and the purchase of(2) utility service vehicles for the Oro Valley Water Utility Department as requested in the 99/00 budget(PULLED FOR DISCUSSION) E. OV12-99-1 Villages of La Canada Preliminary Plat(Property located on the northeast corner of Congressional Way and North La Canada Drive (continued from 5-5-99) (PULLED FOR DISCUSSION) F. Resolution No. (R)99-51 Approving the placement of a stop sign on Calle Loma Linda at Golf View Drive G. Resolution No. (R)99-52 Authorizing the Town Council to enter into an intergovernmental cooperative agreement with Pima County for Community Development Block Grant and Home Investment Partnership Program Purposes(CDBG) (PULLED FOR DISCUSSION) H. Approval of request for sponsorship of the Pima County Health Department's public forum on Y2K In Home Preparedness, June 10, 1999 from 7:00 p.m. to 8:30 p.m. I. Approval of the appointment of Barbara Bell to the Development Review Board effective July 1, 1999—June 30, 2000 (PULLED FOR DISCUSSION) J. Substitute Assurance Agreement between Sombra Homes and Lawyers Title of Arizona Inc. as Trustee of OV 12-97-17B, Copper Ridge II Lots 11-68 and Common Area A E. OV12-99-1 Villages of La Canada Preliminary Plat(Property located on the northeast corner of Congressional Way and North La Canada Drive (continued from 5-5-99) Planning and Zoning Director Bryant Nodine reviewed the Council Communication and explained that this item was continued from the May 5, 1999 Council meeting due to the Homeowner's Association's (HOA) concerns regarding drainage from the site onto Congressional Way and other issues. He explained that staff has met with the HOA and the applicant(Kaufman and Broad)to address their concerns: • Interceptors for down hill drainage. A safer design solution would be to intercept the downhill runoff at two points, midway and at the bottom of the hill. This will mitigate the threat of flooding in the development and greatly reduce the risk of damage to the channel liner and bridge. • Approximately one-third of the site drainage will be collected and discharged just to the north(uphill) side of the gatehouse, emptying directly into and across the primary entry to the development. The HOA requests an extension of a drainage tile a short distance under the entrance way and into the existing channel to the south. 05/19/99 Minutes, Regular Council Sessic.. 3 • The capacity and condition of the liner material in the existing drainageway on the east side of the parcel needs to be re-examined. The HOA requests that this drainageway be reassessed and rebuilt by the two adjacent property owners. • The proposed preliminary plat shows sidewalks. The HOA does not believe that introducing sidewalks to a fragment of the Villages development is warranted. The sidewalks will create a design discontinuity and represent a long-term maintenance cost which the HOA does not want. The HOA requests that the sidewalks be removed from the plat • The wall on Congressional Way follows the lot lines, creates a disconnected entry into the site, and does not match the wall on the south side. Mr. Nodine stated that the HOA concerns are addressed with the conditions listed in Exhibit"A" and "B". He also explained that a final traffic report would be submitted to the Town Engineer's office for review and approval. He reported that staff recommends approval of the Preliminary Plat for the Villages of La Canada with the conditions listed in Exhibits "A" and"B". In response to a concern from Council Member Bryant, Town Engineer Bill Jansen explained that they will review the possible need for a traffic signal at La Canada and Congressional Way. If it is determined that a signal is warranted, it can be addressed during the submission of the improvement plans before any action on the Final Plat is taken. Charlie Hulsey, The WLB Group, representing Kaufman and Broad, stated that they have met with the HOA and many issues have already been resolved. He reviewed an overhead depicting the drainage in the area and explained that it would be channeled away from the troublesome area on the property and erosion will be alleviated. Mr. Hulsey also asked that Council do away with Condition#25 of the Town Engineer's report as it has already been covered with the HOA. He requested that the applicant be permitted to pay in-lieu fees for the sidewalks along La Canada Drive. In response to a concern expressed by Council Member Bryant, Mr. Hulsey explained that the maintenance of the drainage pipes is the responsibility of the HOA but there should be enough velocity through the pipes that there should not be a sediment problem. He also explained that the pipes would be guarded so children can not access them (required by the Town.) Bob Webster, President of the Villages of La Canada HOA, stated that they have hired a hydrologist to help resolve drainage problems and he continues to work with the applicant. He explained that they are satisfied with an agreement that they reached with Kaufman and Broad on most of the issues presented. Vice Mayor Johnson stated that with the redesign of La Canada Drive, more of the drainage will be taken off the site and into the CDO Wash which will help to further eliminate drainage problems. He stated that everyone worked hard to alleviate the concerns and to move the project forward. 05/19/99 Minutes, Regular Council Session 4 MOTION: Vice Mayor Johnson MOVED to approve OV12-99-1, Villages of La Canada Block A, Preliminary Plat, effective on the date of satisfaction of the conditions listed in Exhibits "A" and"B" and delete condition#25. A) 1. The developer shall pay an in-lieu fee for the construction of sidewalks along La Canada Drive. 2. The sidewalks within the proposed subdivision may be removed in order to address the HOA concern and to maintain streetscape consistency with the other Villages subdivisions. 3. The lot numbers for this subdivision shall start with"501" and end with"580" in order to be consistent with the lot numbering of the other Villages subdivisions. 4. The pedestrian access linking the proposed subdivision with the proposed commercial center may be removed due to the security concern from the HOA. 5. These conditions and Engineering Staff conditions shall be addressed prior to submittal of the final plat for Town Council approval. 6. The southern boundaries of lots (5)33 and (5)74 should be adjusted to align the wall and parallel Congressional Way. B) 1. Add a note to the general notes stating that the proposed earthen channel will be irrigated to ensure vegetative growth. Also state who is going to maintain the channel. 2. To ensure continued integrity of the soil-cement channel, a hydraulic analysis shall be provided for the 90-degree channel confluence with existing soil cement channel. 3. All off-site grading, any work in the existing soil cement channel and construction of drainage channel shall require a written permission from the adjacent property owners. 4. The applicant's engineer shall ensure that vertical and horizontal street design meets the Town of Oro Valley Subdivision Street Standards. 5. Two copies of lot boundary closures calculations are required. 6. The applicant's engineer shall ensure all boundary survey bearings and distances shown on the plan are consistent with the title report. 7. Address where the carryover flows from concentration points 1.1, 2.1 and 2.3 will be discharged to. 8. Call out existing Q100 just north of cross-section 5. 9. The discharge used for rating cross-section 1 through 4 shall include flows from lots 22-33 as well as flows from concentration point 2 and from the earthen channel. 05/19/99 Minutes, Regular Council Sessic„ 5 10. The gutter longitudinal slopes for slotted storm drain calculations shall be revised to match the street profile. 11. A revised drainage report is required, which shall address all drainage conditions. 12. The ponding depth for the flows at the concentration point 2.1 shall be revised not to exceed the required 6" as per floodplain ordinance. 13. Drainage report calls for 24" slotted storm drain at concentration point 1.1, but the plat calls out for 30"pipe. Correct where necessary. 14. Lines 13 and 20 of page 11 of the drainage report shall be revised to reflect no carryover flows from concentration points 1.1 and 2.3 being discharged into Congressional Way. 15. Call out right-of-way width for Tee Up Way Street. 16. Dimension the entrance right-of-way width leading from Congressional Way into Sand Trap Way. 17. The traffic report shall address internal traffic flows and conflicts, mostly at the intersection of Sand Trap Way and Congressional Way. 18. All recommendations from final and approved traffic report by the Town Engineer shall be addressed. 19. A Traffic Engineer licensed in the State of Arizona shall seal traffic impact report. 20. Final traffic impact report is required. 21. Provide rating calculations and Hec-ras/Hec-2 backwater analysis calculations for the existing 5 cell 10' x 4' RCBC at Congressional Way. 22. The developer shall repair the scour holes in the soil cement channel east of this project. 23. Concrete splash pad shall be designed and installed at concentration point 2 outlet. 24. The inlet to the 5 cells 10' x 4' RCBC at Congressional Way shall be improved to prevent any further scouring. 25. *Above comments shall be addressed prior to submitting grading & improvement plans for review and prior to scheduling final plat for Town Council meeting. (*New numbering) Council Member Parisi SECONDED the motion. Motion carried, 5 —O. G. Resolution No. (R)99-52 Authorizing the Town Council to enter into an intergovernmental cooperative agreement with Pima County for Community Development Block Grant and Home Investment Partnership Town Manager Chuck Sweet reviewed the Council Communication. He explained that the Town did not elect to renew the agreement in 1998 which reflected a loss in funding to the region in the amount of$80,000. 05/19/99 Minutes, Regular Council Sessk.. 6 In answer to questions from Council Member Bryant and Council Member Parisi, Mr. Sweet explained that Pima County does determine who gets the grant monies, but they do communicate with the Town when considering projects. He also explained that Pima County advertises for applications for the projects and handles the administrative process as far as contacting people through the media, etc. Council Member Parisi stated that qualifying neighborhoods do not currently exist in Oro Valley and he would prefer that the monies stay where they are needed. In response, Mr. Sweet explained that because Oro Valley did not participate, the region lost the above mentioned$80,000. So if Oro Valley agrees to participate, the entire region receives more monies to use where it is needed. MOTION: Vice Mayor Johnson MOVED to approve Resolution No. (R)99-52, authorizing the Town Council to enter into an Intergovernmental Cooperative Agreement with Pima County for Community Development Block Grant and Home Investment Partnership Purposes (CDBG.) Council Member LaSala SECONDED the motion. Motion carried, 5 —0. I. Approval of the appointment of Barbara Bell to the Development Review Board effective July 1, 1999—June 30,2000 In response to a question from Council Member Bryant, Vice Mayor Johnson reviewed the selection and interview process for the appointment for the Development Review Board. MOTION: Vice Mayor Johnson MOVED to appoint Ms. Barbara Bell to the Oro Valley Development Review Board, with a term to expire in June 2000. Council Member LaSala SECONDED the motion. Motion carried, 5 —O. 2. PROPOSAL FOR TOWN HALL ART BY MATTHEW MOUTAFIS (CONTINUED FROM 5-5-99) reported thatthe r V ll ArtsCouncil Town Manager Chuck Sweet repo d O o a ey (GOVAC) has met with Mr. Moutafis. He explained that the project remains the same as presented at the Council's May 5, 1999 meeting with the Town's commitment for seed money set at$15,000. Mayor Loomis explained that the initial $5,000 is identified as seed money to help begin fund raising and material procurement. The subsequent contributions from the Town would be matched at 2:1. Bob Weede, Board Chair of GOVAC, explained that they have met with Mr. Moutafis and discussed the mechanics of the administration of the project's monies. He stated that GOVAC would manage the funds dollar for dollar. 05/19/99 Minutes, Regular Council Sessic 7 Discussion followed regarding the 2:1 match and establishing an Unsolicited Proposal Process. MOTION: Vice Mayor Johnson MOVED to move ahead on the project with GOVAC (Greater Oro Valley Arts Council) as the financial intermediary and that the $5,000 for seed money be approved but any subsequent $5,000 increments occur after a 2 for 1, ($2 for private funds for $1 of future Town funds) to be allocated to GOVAC for this project. Council Member Parisi SECONDED the motion. Motion carried, 3 —2, with Council Member Bryant opposed and Council Member LaSala abstaining. / 3. PUBLIC HEARING - ORDINANCE NO. (0)99-37 AMENDMENTS TO THE 1996 GENERAL PLAN FOR 4 ACRES IN ORO VALLEY KNOWN AS THE ALBEE PROPERTY, LOCATED WEST OF LA CHOLLA BOULEVARD AND \ SOUTH OF TANGERINE ROAD (CONTINUED FROM 5-5-99) Planning and Zoning Director Bryant Nodine reviewed an overhead map representing the Albee property. He explained that the property is designated as Parks/Open Space with a backup designation of low-density residential (0.6-1.2.) He explained that the Albee's are requesting a change in the land use designation to low density residential 1.3 —2.0 (original request for MDR was denied by the Planning & Zoning Commission on April 6th as well as a request to continue item so that the LDR 1.2-2.0 could be considered.) Mr. Nodine stated that because of the presence of the wash to the west and the uncertainty of the impact of higher density development on the wash, planning staff can not support a recommendation to change the General Plan land use designation and therefore, recommend that the current land use designation of Park/Open Space with the backup designation of LDR 0.6-1.2 remain. Mayor Loomis opened the public hearing. Maralyn Albee, 1017 N. Alamo, requested that Council allow a change to the General Plan land use designation to her property. She stated that she wants to maintain the rural atmosphere of the property and the requested change would not have a substantial impact on the traffic in the area as compared to the Wilson School. She also explained that her property at its closest point is 200 feet from the wash and goes up to 700 feet at the west end of the property. Barbara Smith, 13600 N. Como Drive, urged Council to not take any action on the Albee property until the courts determine the fate of the Town of Tortolita. She stated that there were serious legal implications to keep in mind when making any decisions on this or any other property within Tortolita. Hector Conde, 14048 N. Lobelia, stated that the Four Findings of Fact should be respected as they relate to any amendments to the General Plan. Mayor Loomis closed the public hearing. 05/19/99 Minutes, Regular Council Sessic., 8 In response to questions from Council Member Parisi and Council LaSala, Mr. Nodine explained that the current zoning supports one unit per 3.3 acres and with the current backup designation of LDR 1.2, Ms. Albee could petition to increase the density to 1.2 units per acre. He also explained that the LDR 1.2 backup is supported by the General Plan and if the Town can not realize creating a park or open space, then the applicant has the right to apply for other types of uses supported by the backup designation. MOTION: Council Member LaSala MOVED to NOT adopt Ordinance No. (0)99-37, Amendments to the 1996 General Plan and to retain General Plan land use designation of Park/OpenSpace designation and the backup designation LDR(low density residential) 0.5-1.2 for that parcel known as the Albee property. Council Member Bryant SECONDED the motion. Motion carried, 5 —O. Mayor Loomis recessed the meeting at 8:13. The meeting resumed at 8:25 p.m. 4. PUBLIC HEARING—ORDINANCE NO. (0)99-38 AMENDMENTS TO THE 1996 GENERAL PLAN FOR 3.909 ACRES IN ORO VALLEY, KNOWN AS THE WINCHESTER PROPERTY, LOCATED SOUTHEAST OF THE INTERSECTION OF FIRST AVENUE AND PALISADES ROAD (CONTINUED FROM 5-5-99)—APPLICANT HAS REQUESTED TO WITHDRAW THEIR REQUEST Town Manager Chuck Sweet reviewed the Winchester's original request to amend the General Plan. He further explained that the Winchester's have requested to withdraw their original request. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Vice Mayor Johnson MOVED to accept the applicant's request to withdraw their request to amend the 1996 General Plan. Council Member LaSala SECONDED the motion. Motion carried, 5 —0. Mayor Loomis moved Agenda Items #6 and Consent Item D to follow item#5. 6. RESOLUTION NO. (R)99-53 RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE FIRST AMENDMENT TO LEASE-PURCHASE AGREEMENT, A FACILITIES LEASE, A CONTINUING DISCLOSURE AGREEMENT,AN AGENCY AGREEMENT, A DEPOSITORY TRUST AGREEMENT AND A PRELIMINARY OFFICIAL STATEMENT; APPROVING THE EXECUTION OF A FIRST SUPPLEMENT TO TRUST INDENTURE; AUTHORIZING THE PREPARATION AND APPROVAL OF A FINAL OFFICIAL STATEMENT; APPROVING THE ISSUANCE OF NOT TO EXCEED $5,000,000 TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION EXCISE TAX REVENUE BONDS, SERIES 1999, SECURED BY RENTAL PAYMENTS MADE PURSUANT TO 05/19/99 Minutes, Regular Council Sessio., 9 THE LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY,ARIZONA AND THE TOWN OF ORO VALLEY MUNICIPAL PROPERTY CORPORATION,AS AMENDED BY THE FIRST AMENDMENT THERETO; APPROVING THE PLEDGE OF EXCISE TAXES AND NET REVENUES OF THE WATER SYSTEMS AS SECURITY FOR THE RENTAL PAYMENTS; AUTHORIZING THE NEGOTIATION OF A PURCHASE AGREEMENT CONCERNING THE SALE OF THE CORPORATION'S BONDS; SETTING CONDITIONS AND PARAMETERS WITH RESPECT TO SUCH SALE; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION; DELEGATING CERTAIN DUTIES; AND DECLARING AN EMERGENCY Finance Director David Andrews reviewed the Council Communication and stated that if Resolution No. (R)99-53 is approved, $4,435,000 of Municipal Property Corporation (MPC) Municipal Facilities Revenue Bonds, Series 1999 would be issued. If approved, the bond proceeds would be used as follows: • Refunding of OVWID Bonds $ 867,450 • Prepayment of Tucson Settlement Agreement 784,315 • Construction of Development Services Building 1,465,944 • OVWID-related Water System Improvements 1,133,660 • Costs of Issuance/Reserve Funds 183,631 Mr. Andrews further reported that the Municipal Property Corporation met today (May 19th) and voted unanimously to authorize the issuance of the revenue bonds. Fred Rosenfeld, Town Bond Counsel, reviewed the bonding process and the documents involved in the transaction. Mark Reader, Bond Underwriter with Peacock, Hislop, Staley, and Given, reported that the average interest is currently 4.85%. He stated that they expect to be in the bond market the week of May 31st or June 6th. In answer to a question from Vice Mayor Johnson regarding the Town's rating, Mr. Reader explained that the town is "healthy." He stated that the town's assessed valuation has increased and cash balances and the budget look good. He explained that the rating is a function of finances, management and economy. Council Member Bryant commented that he believed that when the Town purchases big ticket items,the bonding should not be done through a private funder but that it should go before the voters for their approval. MOTION: Vice Mayor Johnson MOVED to approve Resolution No. (R)99-53, authorizing the execution of the documents as outlined in the Agenda Item with respect to the issuance of Town of Oro Valley Municipal Property Corporation Excise Tax Revenue 05/19/99 Minutes, Regular Council Sessic„, 10 Bonds. Council Member Parisi SECONDED the motion. Motion carried, 4— 1, with Council Member Bryant opposed. D. Request from Town Manager for authorization to advertise for (2) Water Utility Service Worker positions and the purchase of(2) utility service vehicles for the Oro Valley Water Utility Department as requested in the 99/00 budget Water Utility Director David Hook reviewed the Council Communication. He explained that with the transfer of management and operation of OVWID #1 from MDWID to the Oro Valley Water Utility,they are requesting two full time employees and two vehicles to cover the addition of approximately 1,000 customers come July 1st. He explained that the personnel and vehicle requests were included in the 1999/2000 budget. MOTION: Council Member LaSala MOVED to authorize staff to recruit for two Operator II positions to begin employment no sooner than July 1, 1999 and procure two vehicles for their use. Council Member Parisi SECONDED the motion. Motion carried, 5 -0. 5. OV 12-98-22 STONE CANYON II PRELIMINARY PLAT, COMMON AREAS A & B, RANCHO VISTOSO NEIGHBORHOOD 11 (PROPERTY LOCATED IN THE NORTHWEST CORNER OF THE RANCHO VISTOSO PAD,NORTH AND WEST OF THE GOLF CLUB AT VISTOSO) Planning and Zoning Administrator Bryant Nodine reviewed the Council Communication and stated that this item was continued from the March 17th Council Meeting due to concerns with Code compliance and environmentally sensitive areas. Mr. Nodine reported that the applicant has met twice with members of the Oro Valley Neighborhood Coalition and Town staff to discuss issues pertaining to the protection of wildlife corridors, minimization of wash crossings, setbacks from the unnamed wash, and clustering. Mr. Nodine reported that the applicant has resubmitted the plat addressing some of these concerns. Changes from the previous Council submittal include the riparian corridors illustrated as conservation easements, building envelopes illustrated on all lots, landscape buffers implemented for building envelopes adjacent to conservation easements, adjustments to lots 197 and 198 have been made so they do not cross the wash and the driveway access for lot 222 no longer crosses the wash. Mr. Nodine reviewed the Golf Course Overlay District and the Riparian Habitat Overlay District. He explained that the applicant would be required to install a wildlife friendly wash crossing for Tortolita Mountain Drive. Mr. Nodine further explained that a wildlife study was done by Harris Environmental as part of the Rancho Vistoso Neighborhood 11 PAD (Planned Area Development) Amendment. He reported that the applicant has addressed some of the issues brought about by the wildlife study. Mr. Nodine also reviewed rock outcroppings in the area, ironwood trees that will be preserved or salvaged, and the plat design. 05/19/99 Minutes, Regular Council Sessic... 11 Mr. Nodine reported that the Development Review Board voted to recommend approval of the preliminary plat on February 9, 1999. He stated that staff also recommends approval of the Preliminary Plat subject to the conditions in Exhibit "A" and"B", the Town Engineer's Conditions. In response to questions from Council Member LaSala regarding clustering and compliance, Mr. Nodine explained that the clustering is a requirement of the Rancho Vistoso PAD. Mr. Nodine further explained that the clustering as proposed is not in complete compliance with the PAD. He explained that they are very close to compliance and only would require a slight shift in the lots to come into compliance. Mr. Nodine stated that staff recommends that the amendment be approved with a condition and then get a re-submittal of the preliminary plat with said condition. He stated that would then indicate full compliance for the preliminary plat requirements. In answer to a question from Council Member Bryant, Mr. Nodine explained that the applicants have moved most of the building envelopes away from the ironwood trees, but not all. Therefore, there could be some disturbance so there would be some provisions added to protect those ironwoods. In response to a concern expressed by Mayor Loomis, Mr. Nodine stated that Grading Plan Note 35 could be adjusted to exclude the portion of the note which excludes driveways and have them included in the 20,000 square foot building envelope. Charles Hulsey, The WLB Group, representing the applicant Vistoso Partners reviewed the concerns and questions expressed by Council. He explained that page 123 of the Rancho Vistoso PAD addresses clustering and states that shared driveways shall be encouraged. It does not state that they are required. He explained that all but 6 of the 101 lots are clustered or have shared driveways. Mr. Hulsey explained that the recreation center's acreage combined with the trail system more than meet the requirements of the Town's zoning requirements of 1 acre for every 85 units. Mr. Hulsey reviewed adjustments made to roadways and building pads to protect as many ironwoods as possible. He also explained that in the initial PAD, driveways were included in the grading envelope. However, during a PAD amendment process done this past year, it was changed to "20,000 square feet not including the driveways." Mr. Hulsey reviewed conditions as recommended by staff. He stated that they object to riparian corridors and rock outcroppings being declared as conservation easements (Condition 1, Exhibit"A") instead of open space as conservation easements do not allow use exchanges. At the request of Council Member Bryant, Mr. Hulsey reviewed the site layout of the recreation center, golf course and trails. Mayor Loomis stated that Note 7 is incorrect regarding minimum and average lot sizes. He stated that he would also like to see Note 43 removed. 05/19/99 Minutes, Regular Council Sessio„ 12 Mayor Loomis opened the floor for public comment. The following citizens expressed concerns regarding the Stone Canyon II preliminary plat citing concerns over pygmy owl habitat, ingress and egress safety, natural open space, General Plan compliance, landscape buffers, wildlife and riparian corridors, protection of rock outcroppings, ironwood trees and saguaros, destruction of habitat and trail access to Tortolita Mountain Park: Hector Conde— 14040 N. Lobelia Carl Boswell— 11700 N. Joi Drive Martha Pearce— 11449 N. Mandarin Lane Patty Estes, 11700 N. Joi Drive Paula Abbott— 12700 N. Bandanna Way Terri Dootis— 10713 N. Pomegranate Drive At the request of Council Member Bryant, Mr. Nodine reviewed an overhead display of the rock outcroppings. In response to questions from Mayor Loomis, Mr. Hulsey explained that the flow rate on the northern section that crosses the no name wash is approximately 200 cfs. He explained that a box culvert was being proposed for that area but at meetings with the Oro Valley Coalition, it was suggested that it be a low flow crossing. He stated that they are working with town staff and engineering to see if a low flow crossing is possible. Mr. Hulsey further explained that every house in Stone Canyon has fire sprinklers but they will also have an emergency access south to Como Drive. Mr. Hulsey also explained that the PAD allows them to cross open space areas with golf courses, roads, etc. to provide access to another buildable area. Mr. Hulsey reported that they commissioned the Harris Study for Environmental Habitat after consulting with town staff. Mr. Hulsey reviewed an overhead map and pictures of no name wash showing the homes and fencing along the wash. He explained that it is a wash but it is does not meet the requirements of a wildlife corridor. Steven Nelson, PCR Services, 1 Venture, Ervine, California, addressed issues regarding wildlife in the area. He pointed out that the no name wash is not a viable wildlife movement corridor because: 1) wildlife movement corridors start at large water sheds and tend to funnel wildlife down into drainages to move to other areas, 2) the no name wash goes through residential neighborhoods and passes within 200 linear feet of 18 homes so wildlife is discouraged from entering the wash; and 3) fences run across and along the wash. Mr. Hulsey addressed some of the concerns expressed by citizens. He also explained that the Rancho Vistoso PAD is one of the largest comprehensive plans in the county. He stated that they have met all PAD conditions with the tentative map for Stone Canyon II. Mr. Hulsey also explained that Jim Dawson runs all the salvage operations in Rancho Vistoso and has a 90% success rate on ironwood tree salvage. Mr. Hulsey also explained 05/19/99 Minutes, Regular Council Sessic„ 13 that they have worked with Pima Parks and Recreation on a trailhead and access to Tortolita Mountain Park and will be dedicated to the County at the appropriate time. Mr. Hulsey further stated that under the State legislation(A.R.S.), the Town is allowed to require certain things of tentative and final plats. Those things have to do with Town adopted standards and ordinances. He explained that the Town does not have adopted standards and ordinances for riparian corridors. Mr. Hulsey stated that they have worked very hard to maintain some type of connection and to keep the corridor open but they object to having to deal with the wildlife corridor since it is not a requirement of the town set by ordinance or standards. He stated that Stone Canyon II is not a rezoning but is a tentative plat. MOTION: Council Member Parisi MOVED to approve OV12-98-22 Stone Canyon II, Rancho Vistoso Neighborhood 11, Preliminary Plat, effective on the date of satisfaction of attached conditions listed in Exhibit"A". Vice Mayor Johnson SECONDED the motion. DISCUSSION: Council Member LaSala expressed his concerns with the process and setting a precedence. He also stated that he had concerns with the plan being "almost compliant" with the General Plan and he feels that there is still much to be worked out on the interpretations made by the Planning and Zoning Administrator and the developer. Vice Mayor Johnson stated that historically, conditions have been set on major issues. He stated that he feels the preliminary plat is significantly in compliance and that staff can police the situation and see that the conditions are met. Council Member Parisi stated that the Town has a process in place that includes staff, the Development Review Board and the Planning and Zoning Commission who review projects. He stated that they need to look at the totality of the project. Council Member LaSala stated that the project is not a bad project but he has a problem with the process and is not comfortable with it. He stated that they need to work out issues and to be in compliance with the Zoning Code. CALL FOR THE QUESTION: Motion failed, 2 — 3, with Mayor Loomis, Council Member Bryant and Council Member LaSala opposed. Mayor Loomis stated that he would like to continue this item to have several items addressed. He stated that he would like to include that clarification be made to the drainage flows through the washes, notification of the buyers notifying them of what natural open space means and what restrictions are associated with that in accordance with the PAD. He stated that he also wanted clarification of the drainage basin on King Air Drive and Como Drive. 05/19/99 Minutes, Regular Council Sessk 1. 14 . MOTION: Vice Mayor Johnson MOVED to RECONSIDER the last vote. Council Member Parisi SECONDED the motion. Motion for reconsideration, carried 4— 1 with Council Member Bryant opposed. Mayor Loomis stated that other items to consider were clustering of the lots, some errors on the document and conditions that are being made on areas that lay outside the development area. MOTION: Council Member Parisi MOVED to withdraw the original motion and the second. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —O. MOTION: Council Member Bryant MOVED to CONTINUE OV 12-98-22 Stone Canyon II until the June 2, 1999 Council meeting to reconsider conditions (clarifications) as presented by Mayor Loomis (clarification be made to the drainage flows through the washes, notification of the buyers notifying them of what natural open space means and what restrictions are associated with that in accordance with the PAD, also clarification of the drainage basin on King Air Drive and Como Drive, clustering on the lots, some errors on the document and conditions that are being made on areas outside the development area.) Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —O. Mayor Loomis recessed the meeting at 10:50 p.m. The meeting resumed at 11:05 p.m. 9. AMPHI ELEMENTARY SCHOOL SITE AND TOWN PARK SITE IN RANCHO VISTOSO NEIGHBORHOOD NO. 7 Planning and Zoning Director Bryant Nodine reviewed the Council Communication. He explained that in July, 1994, the Town Council approved a rezoning to bring a 13 acre site into the Rancho Vistoso Planned Area Development(PAD.) The remaining portion of the site was dedicated to the Town for conveyance to the Amphitheater School District. The 10 acre site was dedicated to Amphitheater School District by Rancho Vistoso developers. Mr. Nodine reviewed key rezoning conditions related to the Town site: • Restrict the site to public uses. • Require that the Town site and the school site to be developed simultaneously • Require the Town to dedicate the site to the Amphitheater School District for"school and neighborhood serving recreational purposes. Cathy Esposito, Amphitheater School District, stated that they hoped to build a beautiful school in Oro Valley. She stated that they could do more for the community if the Town allows the school district to use the 5 acre parcel to the north. Ron Easley, SH Study Group Architects, reviewed plans for the school site. He stated that the school would be approximately 76,000 square feet in size. Mr. Easley stated that they have been working with the community, the school and town staff to plan the school and to have it meet the character of the Rancho Vistoso area. He stated that if the Town's 05/19/99 Minutes, Regular Council Sessic1, 15 site and the school site could be brought together, then something that is outstanding and appropriate for the community could be achieved. He stated that they are requesting that the Town of Oro Valley deed the five-acre park on the north side of the existing school site to Amphitheater School District. Mr. Easley stated that in return, the school district could(for Phase I): • Move the school further to the north away from the property owners on the south boundary to satisfy their concerns • Build a larger parking lot as requested by neighboring residents • Build a play field or fields • Provide access to facilities (restrooms, multi-purpose rooms) for weekend use • Provide community use of the multi-purpose space scheduled through Amphitheater's Facility Usage Personnel Vice Mayor Johnson stated that he is a supporter of joint usage projects. He stated that this could be the beginning of expanding the Town's summer recreation programs, etc. Council Member LaSala stated that this is a great opportunity for the Town, the school district and Rancho Vistoso. He explained that he lives just around the corner from the proposed school and as a Council Member, a taxpayer and a concerned citizen he felt the proposed project was good for the entire town. In answer to a question from Council Member Bryant, Mr. Easley explained that the multi-purpose room was a single story building with a high ceiling. He also explained that they should be able to lower the building approximately five feet below the crown of Woodburne Avenue. In answer to questions from Mayor Loomis, Mr. Easley explained that Phase I is what the school district can build now with available funds. Phase II is the area that will be worked on under an Intergovernmental Agreement(IGA) with the Town to be built out at a future date. Mayor Loomis questioned the condition for approval of the rezoning as stated by Mr. Nodine requiring that the Town site and the school site be developed simultaneously since the site will be developed in phases. Mr. Easley stated that is something that must be worked out with the Town. Mayor Loomis agreed and stated that the requirements for the development of the site should be included in the IGA and that all the conditions of the rezoning are met. Mayor Loomis opened the floor for public comment. Paula Abbot, 12700 N. Bandanna Way, stated that her back yard faces the school. She stated that she is also a P.T.O. officer and a parent. She commented that the school should have a telephone booth for after school use by the children. She also expressed her concerns regarding the noise caused by the school buses and asked that vegetation be placed to help reduce the noise impact. She asked for awnings for the school children to 05/19/99 Minutes, Regular Council Sessio.. 16 stand under while waiting for their buses. Ms. Abbot expressed concerns regarding traffic flows, speed limits on Woodburne Avenue, and lighting. LaQuita Stec, 12720 N. Bandanna Way thanked the school and Vistoso Community Association for holding an informational meeting. She stated that she was in favor of the school but expressed her concerns regarding lighting on the fields at night. She also asked for a berm and sufficient landscaping to be placed along the parking lot. Mary Glueck, 13209 N. Meadview Way, stated that she was pleased to see the school get started. She stated that she was in favor of using the Town's five acres for the school and that it would benefit all. 7. DISCUSSION AND POSSIBLE FORMATION OF TOWN BUDGET AND BOND COMMITTEE Finance Director David Andrews reviewed the Council Communication and stated that staff supports the formation of a Budget and Bond Committee. Vice Mayor Johnson stated that he would like to know more about the anticipated staff time that would be required if the committee were formed. In response, Town Manager Chuck Sweet explained that he would anticipate about two hours of staff time per quarter. Mr. Johnson stated that he would still like to see more information about staff participation. Council Member Parisi stated that he had no problem with the committee, but would have a major problem with council members appointing members to the committee. He stated that he would like to see the committee selected like all the other committees with the most qualified volunteers chosen. Council Member Bryant stated that he was in favor of the committee and felt that the qualifications for the members were well defined. He was in favor of each council member appointing a member to the committee. Council Member LaSala stated that Oro Valley is growing and he felt the committee would work with staff to make sure everything is on time and on budget. He explained that he felt by each council member selecting one member to the committee, that much staff time and town money would be saved. He also stated that qualifications for the committee members are stated and it was time to move forward with a mechanism to help answer questions, etc. Vice Mayor Johnson further expressed his concerns regarding what the actual staff time would be needed to support the committee. He stated that he felt further study should be done on the role and power of the committee. 05/19/99 Minutes, Regular Council Sessic,, 17 Council Member Parisi stated that he also felt more study should be done. It was not something that needed to be done immediately. In response to a question from Council Member Parisi, Mr. Andrews stated that he had no problem with the formation of the committee. He further explained that all the town records are public information. He stated that his only concern was that if it were to become more than a quarterly meeting that required more than computer generated reports, then he would not have the staff to support the committee. MOTION: Council Member Bryant MOVED to approve the formation of the Town of Oro Valley Budget and Bond Committee. Council Member LaSala SECONDED the motion. DISCUSSION: Council Member LaSala stated that he understood the concerns expressed and the last thing he wanted to do was to have the committee approved on a split vote. He stated that if Council wanted to continue the item to further discuss the issues, he would not mind waiting for two weeks. He stated his intention with the formation of the committee was to look at the major projects and bonds and where the Town is headed. Council Member Parisi and Vice Mayor Johnson reiterated their concerns and stated that they felt additional wording needed to be done on the qualifications of the membership and that the appointees by council be eliminated, and members go through the Town's normal committee interview process. Mayor Loomis stated that he would like to amend the motion by adding, "Direct staff to develop a committee charter, a scheduled meeting requirement of quarterly only, and establish criteria for committee membership and selection." Council Member Bryant did not accept the amendment to his motion. CALL FOR THE QUESTION: Motion failed 1 —4, with Mayor Loomis, Vice Mayor Johnson, Council Member Parisi, and Council Member LaSala opposed. MOTION: Council Member LaSala MOVED that the Council consider the formation of a Budget and Bond Oversight Committee at its next meeting and direct staff to put together a charter for meeting times and frequency and recommend qualifications for appointment and how they would like to see the committee filled. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 —O. 8. REQUEST FROM TOWN MANAGER FOR AUTHORIZATION TO ADVERTISE FOR ASSISTANT CHIEF OF POLICE POSITION AS REQUESTED IN THE 1999/2000 BUDGET 05/19/99 Minutes, Regular Council Sessio.. 18 Town Manager Chuck Sweet reviewed the Council Communication. He stated that the budget recommendation for a new position for an Assistant Police Chief will be addressed by Council in the 1999/2000 Budget. Council approval is required to add positions to the Town's Classification Plan. Staff is asking for Council approval so that the hiring process can occur and the position can be filled to allow for an overlap with the current Police Chief and the Assistant Police Chief prior to Chief Wolff s retirement. Council Member LaSala expressed his concerns regarding the process. Mr. Sweet explained that in the recruitment it would be stated that it is a transition position and he does not support both positions for the full year. He stated that he supported the position based on Chief Wolff s intention to retire and it is shown in the budget as an overlapping position. He explained that there is no confusion in that the position is for a six month period as Assistant Chief. He explained that this position would work at the pleasure of the Council. Mayor Loomis stated that he felt the position should be advertised as "Police Chief' and not as"Assistant Police Chief'with the understanding that the six months is a transition period and possibly a probation period. He also stated that he would not want to move forward with this until a letter of intent to retire was received from Chief Wolff. Mayor Loomis stated that he did not want to run into a situation that the Chief would change his mind and then the Town would have an Assistant Chief MOTION: Council Member Parisi MOVED to authorize advertising for this position and that it be advertised as the Police Chiefs position, as a transitional period, and that it not be advertised until after a letter of intent to retire is received from Chief Wolff Council Member LaSala SECONDED the motion. DISCUSSION: Council Member Parisi stated that the police officers are supportive of this and are comfortable with having someone there and working with them and the Chief before the Chief retires. Motion carried, 5 —0. 10. REQUEST FOR CONTINGENCY FUNDS -JULY 4TH "FREEDOM DAY" CELEBRATION Town Manager Chuck Sweet reviewed the Council Communication. He also stated that they have received a donation of$500 and so would like to reduce the request to $5,000. MOTION: Vice Mayor Johnson MOVED to approve the use of contingency funds for the Town's July Fourth"Freedom Day" Celebration, in an amount not to exceed $5,000. Council Member LaSala SECONDED the motion. Motion carried, 5 —O. • 05/19/99 Minutes, Regular Council Sessic.. 19 TOWN MANAGER'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. POLICE CHIEF'S REPORT Police Chief Wolff reported that one of the Town's officers assigned to the Narcotics Task Force seized $500,000 in cash. He stated that the Town will receive a good percentage back. WATER UTILITY DIRECTOR'S REPORT No report. COUNCIL COMMITTEE REPORTS No report. CALL TO AUDIENCE Paula Abbott, 12700 N. Bandanna Way, reported that Town staff is doing a great job. She thanked Town Engineer Bill Jansen for his quick action on a concern she had regarding a crosswalk in Rancho Vistoso. She also stated that they are asking Vistoso Partners to install a wrought iron fence around Wildlife Park and they are being very responsive. She stated that she felt everyone should be positive and open-minded when considering and addressing issues in the Town. Emily Anne Sleigh, 12417 N. Copper Queen Way, addressed traffic and safety in the Town. She stated that as wildlife corridors get closed, there will be more wildlife on the roads. She asked that the Town install signs to warn drivers of wildlife on the roads. • 05/19/99 Minutes, Regular Council Sessi4 20 ADJOURNMENT MOTION: Council Member LaSala MOVED to adjourn at 12:20 a.m. Council Member Bryant SECONDED the motion. Motion carried, 5 —O. Respectfully submitted, .--4t(NCILAN(N. -- 1\17"-‘41jk- Roxana Garrity,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 19th day of May, 1999. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 1 day of T , 1999. CULL44. Kathryn . Cuvelier,CMC •: -.1,LE. '_ ,-..-----PLANNING AREA �� 1 i ; I �• '• I L__-I r-- (;?Er, �"rn(:"c I •` • • 1 NOTES L-- I %'FECEF`!E l ,I .MASTER PLANNED • ; " I BACK UP DESIGNA°;Ci 3 1 ‘ i • COMMUNITY I - I'ITT;.'TI' i•iTl Ill .\I?I•.\ t ' 1 r,/ -.ce J,:rtl�.- ..; . -.' - ............„2/r\‘\" - ,.. ; 1 •I-t ll(1,,III'.'. - \ r 1 er _....-;r3 . //r),t, I ♦ ' 1 ' .1 .S. i �` rl 1 - _ • I ' �I 4 l ' 7 I) _ I ' /--.. .r r..r..e+�r_Ri�r...r's�-1 •i J C; '^efr,;at `\ ���`� • TOWN'BOUNDAV( :'f-._i -- �; i MDR 'fir C- 'vil - /i' t • �,• i I R lOR " i� R LGR I I LDR ` �i �/• l,� L` c i "'F �� �» • •. . i.i 1.2 1 t -------7 •i )I " �. -..LLB ' r J :`�7` S ' C C 1 . 1 ? 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' r' �=<z I�i���s�P s, c I I / - PLANNING AREA _ c r I l _ Q C j C l I u' ` I TOWN of ORO VALLEY GENER AL P L AN ' i N D L S • • IR-LDR RURAL LOW DENSITY AESIDG-'JTIAL (0-0.3DU/act MPC MASTER PLANNED COMMUNITIES P'°°S I PARKSiOPEH SPACE - LDR LOW DENSITY RESIDENTIALIll os (O.d-0.5 DU/ac) REGIONAL COMMERCIAL s SCHOOLS " LDR LOW DENSITY RESIDENTIAL El COMMUNITY COMMERCIAL ; TRANSMISSION LINE 1-2 (0.6-1.2 DU/ac) LDR LOW DENSITY RESIDENTIAL 11111 NEIGHBORHOOD COMMERCIAL EI TOWN BOUNDARY. -J ;,c7.--. I MQR MEDIUM DENSITY RESIDENTIAL ; 17-=1 OFFICE 1 RESORT L _ (2.1 -5.0 DU/ac) -"-' I >,"ilionnimmo r.��+),I MEDIUM-HIGH DENSITY RESIDENTIAL ; -CP: COMMERCE PARK 0.` 2.2 3.2 ,., (5.1 -10.0 DU/ac) - 2A__ .nI ...:,...-Es 1111 HIGH DENSITY RESIDENTIAL i a- , PUBLICiSEMI PUBLIC (10+DU/ac)