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HomeMy WebLinkAboutOV50108 NOV U R 2GUi L, BY: Developer/General Contractor November 2,2001 Mr.Bryant Nodine,AICP Planning&Zoning Administrator 11000 N.La Canada Drive Oro Valley,AZ. 85737 Re: Albertson's Center NWC 1st Avenue&Oracle Road Oro Valley,AZ. 8145 N.86th Plan. Dear Bryant, Scottsdale,Arizona Per your earlier conversation with Trey Eakin,Barclay Group is seeking a credit in the 85258 amount of$10,000 towards the art fee for the two(2)shops buildings in the referenced AZ.LIC.120976-B01 AZ.LIC.154274-KB01 location. This credit is based on the contribution made two(2)years ago by Barclay Group for the (480)596-9399 "dancing geckos"statue next to the Home Depot. This amount was to serve as Barclay's Fax(480)596-6366 portion of the art fee towards the(2)shops buildings. I have enclosed copy of the original www.barclaygroup.net invoice for the dancing geckos. Barclay Group will produce any artwork still necessary for the retail shops after the $10,000.00 credit has been taken into consideration per the City's standard formula for such work. Please call with any questions,thank you for your help in this matter. Sincerely, Tyson emensnyder Proje Manager—Development Dev/oro b/owner/TR ltr 110101 Cc: Trey Eakin Bob Austin hat,Slitt Scottsdale,Arizona Dunedin,Florida Denver,Colorado Dallas,Texas Presentation to BARCLAY GROUP Sagebrush Design Oro Valley, Arizona September 1, 1998 Revised October 27, 1998 7a-1 WHhC!fit AgAT R?•1on SbbF1 OES : 'aN SNOHd SO I Hdtiel9 iS I 00 : woa.d Project Scope: A dramatic,yet whimsical celebration of a southwest desert reptile motif in joyous color and jewel-like faceted stain glass inlays in a decorative and colorful artistic expreSsi011,standing over 10 rat tall and approximately 20 feet wide. Materials: Dancing Geckos will be fabricated from 3/8'nnch steel e will shaped and laser cut to blueprint specifications. Stain-gloss L be prepared by the design team lead by Matthew Moutafis, tyro Volley artist. The steel will be powder painted and patina cast,and baked to paint casting ovens. Etching and coatings will be finished after the initial coating. The sculpture will he assembled and slainglass fitted at the artist Studio before final shipment to job site. Sculpture installation will be supervised and completed within the scope of the project. Timeline: Contract effective when Home Depot receives building permit. Final blueprints to steel fabricators 60 days after home Depot receives building permit. First Gecko arrives at Sagebrush Studio 90 days after Home Depot receives building permit. Second Gecko arrives at Sagebrush Studio 120 days after Home Depot receives building permit. Stain glass design and panel completed 150 days after 1Tome Depot receives building permit. First Gecko to finishing oven approximately 180 days after I Tome Depot receives building permit. Second Gecko to finishing oven approximately 210 clays after Home Depot receives building permit. Assembly of finished sculpture at Sagebrush Studio 240 days after l tome Depot receives building permit. Sculpture ready for site approximately 3 weeks before home Depot store opening. Base Prep: Sagebrush Design will work with Plaza architects and contractors, finalize blueprint requirements for support flanges,steel, lighting, water and safety considerations. Complete engineering drawings to Town of Oro Valley officials by within 30 days Amur Home Depot receives building permit. Materials: Cast concrete, with exposed aggregate areas. i Cost: $50.000.00 Includes cost of sculpture, base, h""e materials, avu. arc shipment to site, assembly, and insL, ation,providing "turnkey" sculpture. Payment: 20% within 30 days after Home Depot receives building permit. 25% upon inspection of fabricated sculptures 120 days after I-fome Depot receives building permit. 25% upon inspection of finished, stain glassed sculptures, 150 days after Home Depot receives building permit. Final 25% upon onsite installation of sculpture. Contract Deposit: $ 2500 within 30 days after execution of this proposal by Barclay Croup and Home Depot. iv's-v.) -- f.,e„A...L,-..m...e.,./,,,j- 4 z..,44.5,- di..c.--,...4 7,ja 6,---e-ef 9 / ,...,_._ ,,„— Lam` ,,, ,_,,,,,_,, &,-t-t_e_,:. $5.,..c. _4,0-9e,a- 6/ 4(.,,t 6_,----,A,-ceo e-A,„•4_ t--- zd, G---&-6 el 77fi_.-- i 0 e-tz) o G GJ e...q.nA-G4-1-/L /rJ // -7_,E?_aj.„,-..._, .'.'/.----- .), / ‘/1-g 1 .-- '74 __. /0/).8/0 ( .._ _ . . C----- Signature fur SA sly Dcsign Matthew.Moutuf s �` Date c,, zv/ p Sigmituro for F3 lay Group Tie?Eakin i late Signature tbr Home Depot y..N • • L..-- DEC 2 0 2001 Developer/General Contractor tr;rrmrrrrrrrramsaMrMrrMot December 6,2001 Town of Oro Valley 11000 N.La Canada Drive Oro Valley,Arizona 85737 Re: Albertson's Retail Shops Rooney Ranch,AZ. Dear Sir or Madam: 8145 N.86th Place Scottsdale,Arizona We have estimated that the building costs for our retail shops building will be$60.00 psf.85258 Based on the 20,500 sq.ft. Barclay Group will be constructing next to Albertson's,we are AZ.LIC.120976-BO1 estimating a construction cost of$1,230,000. AZ.LIC.154274-KB01 Please call with any questions. (480)596-9399 Sincerely, Fax(480)596-6366 www.barclaygroup.net Tyson Re nsnyder Project Manager—Development Oro valley B/owner/TR ltr 120701 Scottsdale,Arizona Dunedin,Florida Denver,Colorado Dallas,Texas Page 1 of 1 Gay, Shirley From: Imhoff, Judy Sent: Monday, December 31, 2001 12:13 PM To: Gay, Shirley; Nodine, Bryant Subject: Public Art for In-Line Shops I spoke with Matthew Moutafis today regarding the message I had left with Tyson (Barclay Group)on December 24th. Tyson asked Matthew to phone me back. Matthew said that he has already ordered the steel & tiles for the benches and that Albertsons plans to proceed with their mural submittal so neither Barclay nor Albertsons are interested in doing joint art. I told Matthew that they are not on the Jan. agenda because I had been waiting for a call back from Tyson. He said Feb was not a problem. 12/31/2001 January 24, 2002 COMPASS BANK 2850 East Camelback Road, Suite 140 Phoenix, AZ 85016 Dear Compass Bank Representative: Parcels#220090250 and 220090270 are located within the Rooney Ranch Planned Area Development(P.A.D.) and designated as a P.A.D. zoning district on the Town of Oro Valley Zoning Map. A copy of the map is attached for reference. Pursuant to the P.A.D., this parcel is within Area B that allows Retail/Financial Offices, Retail Center and Retail/Convenience Use including outdoor display. If further information is required, please phone me at (520) 229-4821. Sincerely, Judith Imhoff Planner I JAN-24-2002 13:56 FROM GUST ROSENFELD TO 5271#R00000#00000#15 P.01/01 thorn - eta I ho ice ', .y�. �,�v�xx�.,L�W�,( ,�ertsonS I � (7NpY'rrim,... ,,,,,,,,..„w„� lb:h�carmcwauurro{.vMOYAU'9fYY•^:,.,.„r.w:rxm.YMYfi�-mnv •u.ar4Y,YrylYu-„ro,,,r•,-,r• ""` e'"'�`•J' W'iGfrls�avcwiwrwxuuOlTYLl==__.ouvp.ipliY`�r•••,r•uuu. rre....w....•, � 4,.4YJ w.xnxk'AAY59LLw:u¢•x.nir(p7f9t><x�uua:xY041rriL"YlmCxiv=wxuur�ypby„r:...,•+cv., From: Thomas Arendt To: jimhoff@orovalley.com Subject: Albertsons Retail Shop Space Dear Ms. Imhoff: `\ `� ID', `l Thank you for the super quick response on the zoning letter request to accommodate Barclay Group's financing. The particulars are as follows: Please address the letter to: Compass Bank 2850 East Camelback Road, Suite 140 Phoenix, Arizona 85016. I also confirmed that the tax parcel numbers are actually two numbers, the bigger rectangular piece that you refer to as the Albertsons retail shop space, and a very small pie shape that is also owned by Barclay. Accordingly, the tax parcel numbers for the Barclay parcels we are requesting are as follows: 220-09-0250 (bigger rectangular piece); and 220-09-0270 (littler pie shaped piece). It is our understanding that Albertsons is between those two and is parcel number 0260. We will pick the zoning letter up at your counter by delivering $10 cash. Please have the envelope addressed to: Gust Rosenfeld, Attention: Tom Arendt. Again, thank you for your quick help. CC; asmith@barclaygroup.net; KNELSON@BARCLAYGROUP.NET (T--- 0 7./..----- le.'7"---1 („1 oes.../Th \...., ) X Wt TOTAL P.01 . AGENDA ORO VALLEY PUBLIC ART REVIEW COMMITTEE (PARC) REGULAR MEETING MONDAY FEBRUARY 4, 2002 APACHE CONFERENCE ROOM, DEVELOPMENT SERVICES BUILDING 11,000 N. La Canada Drive CALL TO ORDER: at or about 4:30 p.m. AGENDA ITEM 1. SUBJECT: OV5-01-08, PUBLIC ART FOR ALBERTSON'S INLINE RETAIL SHOPS IN ROONEY RANCH AREA B, IMMEDIATELY SOUTH OF THE HOME DEPOT. Barclay Group, represented by Matt Moutafis, is requesting approval of a proposed public art sculpture. For additional information, please contact Judy Imhoff, OV Planner I, at 229-4821 or jimhoff@orovalley.net. STAFF REPORT DISCUSSION SITE VISIT ADJOURNMENT .1- PLLEY 4, ,, 0 o r ''. -/--y TOWN OF ORO VALLEY s- COMMUNITY DEVELOPMENT DEPARTMENT `4 • Planning and Zoning • Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 A a µ • Parks and Recreation a- '"""' " -(b, 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 OUNDED 4' February 12, 2002 Mattew Moutafis 10707 N. Pomegranate Drive Oro Valley, Az 85737 RE: OV5-01-08, PROPOSED PUBLIC ART FOR THE ALBERTSON'S INLINE SHOPS, PARCEL#220090250 Dear Matt: Thank you for meeting with the Public Art Review Committee (PARC) on February 4, 2002. The PARC recommended denial of the proposed public art for this building. As you are aware, they encouraged the design of a single sculpture. You may proceed with one of the following options: 1. Proceed with PARC's recommendation to Town Council on March 6, 2002 2. Submit a different artwork design for PARC review. It is our understanding that you will proceed with PARC's recommendation to Town Council on March 6, 2002. Please let me know at 229-4817 if you have any questions. iticerely, V.)0J4) r r 1 ab David Ronquillo 111 Planner I cc: Gigi Miller Shirley Gay www.townoforovalley.com • • TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 6, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV5-01-08, PUBLIC ART PROPOSAL FOR THE ALBERTSONS INLINE SHOPS; LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #220090250 SUMMARY: Mathew Moutafis, the artist, proposes fabricating two (2) seating area benches for exterior placement at the proposed inline shops. The bench design consists of a steel base with a powder coat that is inlayed with mosaic tile design. The proposed benches would be 16 V2 inches in height with a seating base of approximately 20" x 72". STAFF REVIEW: The proposal meets the 1% of construction cost requirement and will be available for public use more than 40 hours a week. Craig Civalier, PE, recommends that a structural engineer review the artwork for structural safety and proper design. PUBLIC ART REVIEW COMMITTEE (PARC)ACTION: The PARC met with the artist at their regular scheduled meeting of February 4, 2002. In the end, PARC voted by majority (3-0) to recommend denial of the proposed artwork for this site. PARC determined that the use of two benches would be impractical for this location and encouraged the design of a single sculpture. RECOMMENDATION: Staff recommends continuance of the proposed public art. This application should be remanded back to the PARC in order to resolve all pending issues. SUGGESTED MOTIONS: I move to continue OV5-01-08, Proposed public art for the Albertson's inline shops, to resolve issues specified by PARC. OR I move to deny OV5-01-08, Proposed public art for the Albertson's inline shops. OR r I • TOWN OF ORO VALLEY ( OUNCIL COMMUNICATION Page 2 of 2 I move to approve OV5-01-08, Proposed public art for the Albertson's inline shops, subject to review by a structural engineer. OR I move to approve OV5-01-08, Proposed public art for the Albertson's inline shops, subject to review by a structural engineer, with the following added conditions: Attachments: 1. Site plan 2. 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I • 1 ::,41''. ,',,,,,,, iloA - iiry/ ---?iftt, ... ... _—...,..._ . ............_ - . ., ICI"---.L J-00171 1 J•17 i t rc&.Lr,r LIP L.L 1 w*J✓Jw Jvv 1 .v-y'V✓ • TOWN OF ORO VALLEY JJANNING&ZONING DIVISION 11,000 N.LA CANADA DR,ORO VALLEY AZ 85737 Phone: (520)2294800 Fax: (520)742-1022 APPLICATION FOR PUBLIC ART REVIEW NOTE: PUBLIC ART REVIEW COMMITTEE(PARC) MEETS THE 1ST MONDAY OF THE MONTH AT THE PROJECT STUB EC 2 0 2001 L RATE. /2-//S/d/ p �p (C.�Y��errWrrrrrWrrrrWrrrrrIr• OV CASE NO.: OV5 0 (office use only) PROJECT: . LOCATION: �' ,AL" ,q.Al © lz p , o,c!-T]J: 7Ta pq APPLICANT: 4-7z.d `r`/ Zb{JZ7• ADDRESS: 8// A1, 0 6 7/4 7'4 i , 3tc4 , PARCEL NUMBER: _ 2 2.0 - O 9- O 27 0 22o--o q!-0 25 c . , a.: V BO I a so- s 16 9°3 9 9 PROPERTY OWNER ADDRESS: U 1 IV, /4e 5Go-r737,,eG-ig; 2 8-6-26-8.. PRONE NO.; PROJECT ARTIST: /f-1,% S--1 /1-1 d ADDRESS: /0707 ru . i' m/=��`��itJi¢ �iz�v� vRe 1/I &I /,/�-Z- s 73 PHONE: 7zo) 7 12- 3 °7 SIGNATU : NOTE_ This application must be companied by the following to be deemed complete: • Seven (7) copies of the Development and Landscape Plans, 11" x 17" in size, each to include the exact location of the public art • Seven (7) copies of colored renderings or photographs. 8.5" x 11" in size, with discernable dimensions. Each side of the public art must be depicted. . Seven(7)copies of the Artist's Biography L -• One(1)copy of the Building Construction Bid • One(1)copy of the Artist contract that specifies total cost of the finished piece_ • One(1)copy of Structural Engineering Specifications,if necessary. Applications will not be accepted without all required materials. • SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST 14 (FOURTEEN)CALENDAR DAYS IN ADVANCE OF TICS DESIRED PARC MEETING DATE. Iw)V PZDWPZr\Admit PZWORMS\Public Art AppliatiuriAt c `-� DEC 20 2001 2- Proposal The Barclay Group Art Benches At Albertsons' Retail Shops Rooney Ranch From Matthew Moutafis Oro Valley Artist 10707 N. POMEGRANATE DRIVE ORO VALLEY, ARIZONA 85737 (520) 742-4307 i ` DEC 2 p 2001 lif rLlCeee9xestaessantriatlGdadadidedl Project: Design, fabricate (2) two seating area benches for exterior placement at proposed retail shops at Rooney Ranch. Materials: Steel base, powder coated with inlayed mosaic tile design for seating area. Theme: Prickly pear designs for both benches, same theme but different mosaic designs. Base is the same on both benches. Size: 2- 20" x72"— seating area 1 1/2 " thick.x 72" long (see attached drawings). Timeline: Approximately six months from signed contract. Cost: $ 5,000 plus applicable taxes. Includes: Design, art, fabrication, materials, delivery & installation. Terms: 50% with signed contract 25% upon completion 25% upon installation . '� ew t. ` Date i II k )19/ ' I U 2 1 ( 6 ( Tyson Re enslayer for B. clay Group Date 12/02/98 Minutes, Oro Valley Town Council 4 Charles Hulsey, The WLB Group, representing the Barclay Group, stated that he thought the only traffic concern was the rear access point for trucks out of the back of Albertson's. He stated that he believed the issue was whether to use speed bumps, raised curve, striping or orange pipes to direct traffic "right in" and "right out." He stated that the traffic study is under way for the entire area and the Barclay Group has agreed to participate in the study on a pro-rata share basis. MOTION: Council Member Skalsky MOVED to approve OV12-98-17, the Rooney Ranch Parcel B Development plan with those conditions listed in Exhibit "A". (Exhibit "A" attached to the end of the minutes.) Vice Mayor Parisi SECONDED the motion. In answer to a question from Council Member LaSala, Mr. Chatfield stated that Mr. Hulsey's comments were a fair summary of the issue at the northern entrance. He stated that essentially it was a question of configuration of the entrance and is not a major issue. He stated that they wanted to assure Council that they are complying with the Zoning Code in bringing forward a phased approach and that the traffic control issues are in well in hand. In answer to a question from Mayor Loomis regarding a traffic light on First Avenue, Mr. Hook stated that they are working with the Arizona Department of Transportation to detail the placement of the light. CALL FOR QUESTION: Motion passed, 3 — 2, with Mayor Loomis opposed and Council Member LaSala abstaining. Local artist Matthew Moutafis, 10707 N. Pomegranate Drive, presented his design for the art sculpture to be placed in front of the new Home Depot. He explained that the proposed art project will be two dancing geckos, standing approximately ten feet high on top of a two foot platform. The geckos will be made from 3/8 inch steel and contain stained glass pieces. The sculpture will be lit at night and seating and plants will be incorporated into the base of sculpture. ITEM I: OV12-98-2A Stone Canyon I Revised Preliminary Plat, Lots 58-133, Common Areas A & B, Rancho Vistoso Neighborhood 11, Parcels AA,AB, AC, AD, AE, C, D & E (located west of Rancho Vistoso Blvd., & west & north of Vistoso Highlands Drive Community Development Director Don Chatfield stated that on May 20, 1998, Council approved a preliminary plat for Stone Canyon I located in Rancho Vistoso Neighborhood 11. He explained that the applicant has begun to revise the southern portion of the plat which involves the lots south of Tortolita Mountain Drive with lots 58-125 being redesigned. An additional eight lots have been incorporated. Mr. Chatfield explained that project meets the requirements for the Golf Course Overlay District, the Riparian Habitat Overlay District, Recreation Area requirements and plat design. Issues EXHIBIT "A" TOWN COUNCIL CONDITIONS OF APPROVAL OV12-98-17 ROONEY RANCH PARCEL B (aka The Albertson's—Home Depot Center) DEVELOPMENT PLAN 1. Indicate the docket and page#'s for La Reserve on the Location Map. 2. Indicate on both sheets in `ghosted' letters the OV case number and zoning for the Desert Point and UMC at La Reserve projects. 3. The external lighting fixtures, including lighting poles, shall conform with those currently existing in the Fry's development. 4. Amend General Note#6 to read: "minimum building setbacks: 2:1 ratio with building height, 60' minimum,rear setback 30' ", as per the Rooney Ranch Area B PAD Amendment. 5. As per Town Council Conditions of Approval for the Rooney Ranch Area B PAD Amendment,the word"sales"in General Note#47 shall be changed to"display". 6. As stated in General Note#47, indicate the"outdoor display area"on the development plan. A Public Art submittal for the Albertson's store shall be reviewed and approved before construction may commence on Phase II of this development plan. 8. The refuse containers indicated along the rear property line behind the Home Depot store shall be relocated, as they are not permitted in the 10' Buffer Yard A. 9. A raised crosswalk shall be constructed at the northwest corner of the in-line shops,to connect the shops and the sidewalk along North First Avenue. 10. The trash compactor located immediately behind the Albertson's store shall be screened by a 6' masonry wall. 11. `Speed Buttons"shall be provided at the right in—right out painted triangle, located at the northwest entrance to the development. 12. Access to the Bank of America via Oracle Road shall be preserved during Phase I of this development. 13. The emergency vehicle access via the crash barrier to the Bank of America shall be covered in decomposed granite, as to discourage use as an acess point and parking area for private vehicles. 14. The applicant shall obtain appropriate permits from ADOT prior to commencement of work in the ADOT right-of- way. 15. The Town of Oro Valley, in conjunction with ADOT, is developing the off-site improvement requirements on Oracle Road and First Avenue and their phasing. The applicant shall be required to participate in these improvements on a fair share basis based upon the TIA. 16. Grading Exception for the driveway off First Ave. is required subject to DRB approval as per Grading Ordinance sec 15-401 and 15-501. 17. Provide pedestrian access easement recordation for the sidewalk along First Ave. 18. The applicant shall obtain appropriate permits from ADOT prior to commencement of work in the ADOT right-of-way. 19. Indicate on general note#5 that two van accessible spaces are required as per OVZCR sec. 11-102D part 3,and show two van accessible spaces in the parking layout. 20. Call out typical van accessible space dimension(8'x 20')with 8' adjacent aisle. 21. Provide joint access agreement between this development and Bank of America for all cross access through PAAL. 22. Post a sign at service drive indicating right in/out only because the bridge handrail is within SVT. 23. Final grading plan showing grading and construction details shall be submitted to the Town for review and approval for grading permit. 24. All drainage structures shall be installed with phase 1. 25. Cross access to the bank of America shall be installed with phase 1. 26. Grading plan shall be submitted to the Town for review and approval prior to commencement of grading. AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 06, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER ROLL CALL EXECUTIVE SESSION AT OR AFTER 6:00 PM 1. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Discussion or consultation with the Town Attorney for Legal Advice and pending or contemplated litigation relating to Wong Family, L.L.C. v. Town of Oro Valley, Pima County Cause No. 20005064. 2. Pursuant to ARS 38-431.03 (A)(3) Discussion or consultation with the Town Attorney for Legal Advice relating to Cricket Telecommunication Cell Tower. 3. Pursuant to ARS 38-431.03(A)(3) Discussion or consultation with the Town Attorney relating to Tortolita v. Oro Valley, Pima County Cause No. C328365 and related cases 4. Pursuant to ARS 38-431.03(A)(3) and (A)(4), Discussion or consultation with the Town Attorney for legal advice regarding pending or contemplated litigation relating to Citizens for Open Government v. Town of Oro Valley, U.S. District Court Cause No. CIV 01-393 TUC-FRZ and related signage issues RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS —TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 03/06/02 ,agenda, Council Regular Session 2 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — 2-11-02; 2-20-02 B. Resolution No. (R)02-19 Award of Bid for Library Shelving and Adult Seating to Walsh Brothers in the amounts of$107,000 and $3,400 C. OV12-99-18 Approval of Naranja Ridge Estates Final Plat located on the east side of Monte Del Oro Subdivision and abutting the south side of Naranja Road between La Canada Drive and 1st Avenue, Parcel #224280020 D. Resolution No. (R)02-20 Approval of Intergovernmental Agreement between Pima County and the Town of Oro Valley for Development Review for projects located in Pima County and Oro Valley E. Resolution No. (R) 02-21 Declaring as a public record that certain document filed with the Town Clerk and entitled "Uniform Administrative Code, 1997 Edition; Declaring a new Fee Schedule for the Issuance of Various Building Permits and establishing Procedures and Practices to be used in the calculation of Building Permit Fees 2. ANNEXATION PUBLIC HEARING — IN ACCORDANCE WITH ARS 9- 471(A) — REGARDING APPROXIMATELY 788.6 ACRES OF UNINCORPORATED PROPERTY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED BY HARDY ROAD AND CALLE CONCORDIA ON THE NORTH, NORTHERN AVENUE ON THE EAST, LA CANADA DRIVE ON THE WEST AND MAGEE ROAD ON THE SOUTH 3. OV5-01-08 APPROVAL OF PUBLIC ART FOR THE ALBERTSONS INLINE SHOPS LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #220090250 4. OV12-00-05A PRELIMINARY PLAT FOR RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL A, LOCATED SOUTH AND ADJACENT TO MOORE ROAD, WEST AND ADJACENT TO HIGHLANDS WASH AND EAST OF VISTOSO RIDGE SUBDIVISION, PARCEL #21953004Z TOWN MANAGER'S REPORT CALL TO AUDIENCE —At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today's agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask the Town Manager to review the matter, ask that the matter be placed on a future agenda, or respond to comments made by speakers. However, the Mayor and Council may not take legal action on matters raised during "Call to Audience." Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. 03/06/02 Agenda, Council Regular Session 3 ADJOURNMENT POSTED: 2/27/02 4:30 p.m. lh A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 229-4700. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 06, 2002 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER 6:03 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 PM MOTION: A MOTION was made by Council Member Wolff and SECONDED by Vice Mayor Johnson to go into Executive Session at 6:03 p.m. for the following purpose: 1. Pursuant to ARS 38-431.03 (A)(3) & (A)(4) Discussion or consultation with the Town Attorney for Legal Advice and pending or contemplated litigation relating to Wong Family, L.L.C. v. Town of Oro Valley,Pima County Cause No. 20005064. 2. Pursuant to ARS 38-431.03 (A)(3) Discussion or consultation with the Town Attorney for Legal Advice relating to Cricket Telecommunication Cell Tower. 3. Pursuant to ARS 38-431.03(A)(3) Discussion or consultation with the Town Attorney relating to Tortolita v. Oro Valley, Pima County Cause No. C328365 and related cases 4. Pursuant to ARS 38-431.03(A)(3) and (A)(4),Discussion or consultation with the Town Attorney for legal advice regarding pending or contemplated litigation relating to Citizens for Open Government v. Town of Oro Valley, U.S. District Court Cause No. CIV 01-393 TUC-FRZ and related signage issues Motion carried, 5 —O. Mayor Loomis announced that in addition to the Town Council,the Town Manager,the Town Clerk and the Town Attorney, Outside Legal Counsel John Hinderaker from Lewis • & Roca would be present for Item 4. MOTION: A MOTION was made by Council Member LaSala and SECONDED by Council Member Wolff to go out of Executive Session at 6:50 p.m. Motion carried, 5 — 0. 03/06/02 Minutes, Council Regular Session 2 RESUME REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:04 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Fran LaSala, Council Member Bart Rochman, Council Member Werner Wolff, 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. CALL TO AUDIENCE No speakers. 1. CONSENT AGENDA MOTION: Vice Mayor Johnson MOVED to APPROVE the Consent Agenda as presented. Council Member Wolff SECONDED the motion. Motion carried, 5 -0. A. Minutes—2-11-02; 2-20-02 B. Resolution No. (R)02-19 Award of Bid for Library Shelving and Adult Seating to Walsh Brothers in the amounts of$107,000 and $3,400 C. OV12-99-18 Approval of Naranja Ridge Estates Final Plat located on the east side of Monte Del Oro Subdivision and abutting the south side of Naranja Road between La Canada Drive and 1st Avenue, Parcel #224280020 D. Resolution No. (R)02-20 Approval of Intergovernmental Agreement between Pima County and the Town of Oro Valley for Development Review for projects located in Pima County and Oro Valley E. Resolution No. (R) 02-21 Declaring as a public record that certain document filed with the Town Clerk and entitled "Uniform Administrative Code, 1997 Edition; Declaring a new Fee Schedule for the Issuance of Various Building Permits and establishing Procedures and Practices to be used in the calculation of Building Permit Fees 2. ANNEXATION PUBLIC HEARING—IN ACCORDANCE WITH ARS 9- 471(A)—REGARDING APPROXIMATELY 788.6 ACRES OF UNINCORPORATED PROPERTY LOCATED DIRECTLY SOUTH OF THE TOWN BOUNDARIES; BORDERED BY HARDY ROAD AND CALLE 03/06/02 Minutes,Council Regular Session 3 CONCORDIA ON THE NORTH,NORTHERN AVENUE ON THE EAST,LA CANADA DRIVE ON THE WEST AND MAGEE ROAD ON THE SOUTH Town Manager Chuck Sweet explained that on December 19, 2001, the Town Council voted to initiate the annexation process for approximately 788 acres of unincorporated territory located directly south of the Town boundaries. He reviewed an overhead map depicting the area and its relationship to the Town's current boundaries. Mr. Sweet reported that on February 5, 2002, the Planning and Zoning Commission recommended proceeding with the annexation request. Mr. Sweet then reviewed the annexation process and explained that the annexation process is driven by the signatures of property owners. He reported that for an annexation to be successful, the signatures must carry at least 51% of the number of property owners in the annexation area and 51% of the assessed value of the annexation area. Mr. Sweet also reported that there are approximately 736 property owners, a population of about 1557 people, and about fifteen miles of roadways in the proposed annexation area. In response to questions from Mayor Loomis,Mr. Sweet explained that March 18, 2002 would be the first date that petitions would be available for signatures. He then explained that if a sufficient number of signatures were obtained, the annexation would come back to Council in the form of an Ordinance approving the annexation. The annexation ordinance would become effective on the 31st day after Council approval and the Town would then begin supplying all community services to the area such as police protection, land planning, road maintenance, etc. Mr. Sweet also explained that if the property becomes part of the Town, the Town would have up to six months to complete a translational zoning. The translational zoning would translate the zoning from Pima County to the nearest equivalent Oro Valley zoning. Mayor Loomis opened the public hearing. The following people expressed concerns, had questions or comments regarding the annexation or stated that they preferred to be in the unincorporated area of Pima County: James Revell, 1221 W. Fir Drive Larry Newman, 9041 N. Calle Loma Linda Glen Pucilowski, 1241 W. Calle Concordia Michael George, 8805 N. Hickory Melody Vittitow, 8921 N. Calle Loma Linda Ken Kroeger, 8720 N. Myrtle Fran VanDeusen, 1164 W. Magee Paul Carter, 1001 W. Cool Drive Virginia Tovar, 8965 N. Marathon Liz Fortune, 600 W. Cool Drive Terry Crandell, 8390 N. Dawn Place Rick Rinehart, 10306 N. Placita Camillia 03/06/02 Minutes, Council Regular Session 4 Teresa Balderson, 8260 N. Venus Ct. Some of their questions, comments, and concerns were regarding: ➢ What are the advantages to living in Oro Valley? ➢ Water, garbage and fire services. ➢ Horse property rights and zoning. ➢ Would there be property tax increases? ➢ Budget shortfall in Oro Valley? ➢ Why is Oro Valley initiating the annexation? ➢ Who is responsible for the widening of La Canada Drive? ➢ What is the total assessed value of the property in the annexation area? ➢ Improvement to parks in the Town? ➢ Businesses in area relate to Tucson not Oro Valley. ➢ Fiscal and land planning. ➢ What does the annexation area have to offer Oro Valley? The following spoke in support of annexation citing reasons such as: Oro Valley is a model town compared to alternatives and is the best alternative, Town staff is caring and competent, bad success with the Sheriff's Department response, and tremendous improvement to areas that were previously annexed: Mark Lewis, 11810 N. Copper Butte Mark Rolles, 1155 W. Morning View Town staff responded to questions and concerns that were raised during the public hearing. Explanations included: ➢ Police response time within 5 minutes, 90% of the time. Police Officers are Peace Officers and have jurisdiction to enforce within the State of Arizona. ➢ Police protection and prevention high priority. Programs include Keep Kids Alive-Drive 25, Video I.D. processing, Dark House Program, Citizen Volunteer Assistant's Program (CVAP) among others. ➢ Department of Public Works provides road maintenance, drainage maintenance, traffic engineering, field operations (such as street cleaning, resurfacing, repair of potholes, etc.) ➢ Water service and private water wells will remain as they are. The annexation will not change the water providers. ➢ Garbage collection and fire services are not provided by the Town as of this time. Those services will remain with the current providers. ➢ Horse property issues and concerns will be addressed. Public meetings regarding this will be noticed and the public will be heard. The Town will look at what is best for the Town and the horse owners. ➢ Horse properties that were annexed in the past, maintained the same ratio of horses per square feet as was allowed in Pima County through the translational zoning. 03/06/02 Minutes, Council Regular Session 5 ➢ Town of Oro Valley does not impose local property taxes. Sales tax collections, state shared revenues, gas taxes, lottery ticket sales, development fees and vehicle registrations provide some of the Town's revenue. ➢ Petition signers can withdraw their signatures up to the time that the Annexation Ordinance is filed with the Council. ➢ Left turn bay on La Canada Drive at Calle Concordia was installed by the Town even though it is not currently in the Town's limits. ➢ The Town is working with Pima County in developing an Intergovernmental Agreement for widening La Canada Drive from Lambert Lane south to Ina Road which is part of the County Bond Project approved by the voters in 1997. ➢ The total assessed value of the property in the proposed annexation area is $83,471,574. ➢ Translational zoning does not change deed restrictions or CC&Rs on property. ➢ Town Council has five members at large. They do not represent districts in the Town. ➢ Current annexation policy attempts to eliminate county islands that are surrounded by Town property, attempts to square off town boundaries to make delivery of services more manageable and requires a fiscal impact analysis. ➢ There will be many opportunities for the residents to be part of the process. ➢ Land uses will not change. Lifestyles will not change and there will be a greater access to government. ➢ Many people in the proposed annexation area have indicated that they are interested in becoming part of the Town of Oro Valley. Mayor Loomis closed the public hearing. Mayor Loomis recessed the meeting at 8:28 a.m. The meeting resumed at 8:45 p.m. 3. OV5-01-08 APPROVAL OF PUBLIC ART FOR THE ALBERTSONS INLINE SHOPS LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #220090250 Community Development Director Brent Sinclair reviewed the Council Communication and reported that the Albertsons Inline Shops would be located on the northeast corner of First Avenue and Oracle Road. The public art proposal was submitted by Matthew Moutafis and includes two seating area benches for exterior placement at the proposed inline shops. He explained that the Public Art Review Committee (PARC)reviewed the art and voted to recommend denial of the proposed artwork stating that the two benches would be impractical for the area. Mr. Sinclair stated that staff recommends continuance of the public art and recommends sending it back to the PARC to resolve pending issues. 03/06/02 minutes, Council Regular Session 6 Mr. Sinclair also explained that the Zoning Code Revised specifies that one percent(1%) of the construction costs of a project would be devoted to public art. The Code describes the process for approval of the public art and includes guidelines for what would and would not be considered as public art. He explained that benches are included as possible artwork in the Zoning Code. He further explained that benches were part of a seating area that was previously approved as public art for Uno's Pizzeria on Oracle Road. Matthew Moutafis, 10707 N. Pomegranate Drive, Artist, explained that the developer, The Barclay Group, contacted him regarding the design of an art project for the Albertson's Inline Shops. He stated that they asked for benches for the area. Mr. Moutafis presented a depiction of the proposed benches and explained that they would incorporate many materials and textures,have a prickly pear design and an inlaid tile top. Mr. Moutafis stated that The Barclay Group had specifically asked for benches, liked the design, and are asking that they be approved. David Grigsby, member of the Public Art Review Committee,reviewed the reasons for denial by the PARC. He explained that they questioned whether the benches without backs represented the value that was required to be invested in the public art for the project and do they provide an accommodation that is necessary for the project and has value? They questioned whether the proposal of benches in the strip mall walkway location was a good location and whether they set a meaningful composition relative to what is going on around them. Mr. Grigsby stated that the committee had made some suggestions to the artist that he might in turn suggest to The Barclay Group. He stated that the PARC felt that the art proposal held no interest, imagination or enthusiasm for the meaning of the 1% for art ordinance. Discussion followed regarding whether the ordinance was providing what it was originally intended to do, the possibility of combining smaller projects into one larger one, identifying alternatives for the project, and possibly having the developer and the artist meet with the PARC to work out issues. MOTION: Council Member LaSala MOVED to CONTINUE this item so that the artist, the developer and Public Art Review Committee could work out the issues and then bring it back to Council. Mayor Loomis SECONDED the motion. Discussion followed regarding the fact that the issues are not insurmountable, there are disadvantages to the project because of a multitude of different owners in the Center with it being hard to get commitments from all of them to work together, and resolving safety issues. AMENDMENT TO THE MOTION: Mayor Loomis asked that an amendment be added that directed the PARC to review the Ordinance to come up with recommendations on improving the ordinance and looking at encouraging in-lieu fees that could be used to create larger combined art pieces in place of smaller projects. Council Member LaSala agreed to the amendment. • 03/06/02 iviinutes, Council Regular Session 7 MOTION AS AMENDED, carried 5 —0. 4. OV12-00-05A PRELIMINARY PLAT FOR RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL A, LOCATED SOUTH AND ADJACENT TO MOORE ROAD,WEST AND ADJACENT TO HIGHLANDS WASH AND EAST OF VISTOSO RIDGE SUBDIVISION, PARCEL #21953004Z Community Development Director Brent Sinclair reviewed the Council Communication and an overhead map depicting Rancho Vistoso Neighborhood 7,Parcel A. He explained that a Preliminary Plat was originally approved by the Development Review Board (DRB) in June 2001 for 53 single-family residential lots located south and adjacent to Moore Road. The property was sold to Canada Vistas who has redesigned the 47.15 acre site and is now requesting a new Preliminary Plat for 32 single family residential lots. Mr. Sinclair explained that the proposal includes private and gated subdivision streets that conform to the Town's Subdivision Street Standards. The Plat also meets the requirements of the Zoning Code Revised, Design Guidelines and the Rancho Vistoso Planned Area Development (PAD.) Mr. Sinclair further reported that in January 2002, the Development Review Board recommended continuation of the Preliminary Plat so that the applicant would have additional time to meet with the neighbors to address some remaining issues. Mr. Sinclair stated that at their February 12, 2002 meeting, the DRB recommended approval of the Preliminary Plat subject to conditions. Staff also recommended approval with conditions. Steve Oliverio, The WLB Group,representing the applicant Canada Vistas Homes, reviewed changes made to the original Plat submittal. He explained that the 47 acre project consists of 32 home sites that sit on one half acre to one acre lots. He explained that the subdivision is designed to provide up to sixty percent open space. Mr. Oliverio reported that they have held several neighborhood meetings and conducted site tours with the Development Review Board and the Town Council. He reviewed an overhead map and explained that they have added a cul-de-sac, eliminated one road connection, added a fifteen landscape buffer with a three to four foot high screening wall and will utilize a twenty-five foot utility easement that will also act as a buffer. He also pointed out an emergency access that will be added to the project. Mr. Oliverio stated that they have reviewed the conditions in Exhibit"A" and have no issues with said conditions. He also stated that the Plat meets or exceeds the Town's Zoning Code requirements and the Rancho Vistoso PAD requirements. Mayor Loomis stated that he had some concerns with Lots 29 and 30 and the impact of the heights of two-story homes on the neighbors to the west of the property. He also stated that he thought that the developers had done an excellent job in making the subdivision fit into the community and in working with the surrounding neighbors. Mr. Oliverio stated that Lots 29 and 30 are two lots that back up to five lots, so the impact would not be as dramatic as if there were the same number of lots. He explained 03/06/02 Minutes, Council Regular Session 8 that if two two-story homes were built on lots 29 and 30, they would take up less than fifty percent of the mass. He also explained that the minimum difference in one-story and two-story homes was about four to five feet in height. Steve Solomon, Canada Vista Homes, 12753 N. Walking Deer Place,reviewed background on the project explaining that the area was originally zoned in the PAD as medium density residential with six homes per developable acre (20 acres could be developed which would allow for 120 homes on mass graded lots.) He explained that the properties to the west and southwest had been rezoned to higher densities, but this property has not been rezoned since the development of the Rancho Vistoso PAD. Mr. Solomon stated that they are proposing an incredibly reduced use that is an asset to the Town and to the neighborhood. He explained that the lots would not be mass graded and they would work to preserve the desert. Mr. Solomon further explained that the Pulte Homes on the west boundary were placed fifteen feet over the property line. However, Canada Vista Homes has committed to placing a fifteen foot landscape buffer over the area of encroachment as opposed to requiring Pulte to remove their landscaping and take back the property into the Canada Vista's subdivision. Mr. Solomon also reported that they have agreed to install a three to four foot meandering wall within the fifteen foot landscape buffer. Mr. Solomon further reviewed changes to the plat, two-story home impacts, and cut and fill requirements. He stated that the subdivision was well-suited to the topography,would preserve open space and would increase the property values of the surrounding homes. Further discussion followed regarding the number of two-story homes, sighting homes individually to help minimize impact to neighbors and minimize grading, working with the neighbors when installing the meandering wall, and the Homeowners Association being responsible for maintenance of the common areas and wall. Mayor Loomis recessed the meeting at 10:00 p.m. The meeting resumed at 10:10 p.m. Mayor Loomis opened the floor for public comment. The following citizens expressed concerns regarding height restrictions on specific lots, views being block,resale value of homes, and enforcement of conservation easements: Pat Bishop— 12646 N. Rock Creek Linda Symchak— 12481 N. Granville Canyon Way Bill Adler— 10720 N. Eagle Eye Place Linda Arnold— 180 W. Linda Vista Keith Vaughn—635 E. Rancho Catalina Place Mike Arnold— 180 W. Linda Vista Discussion followed regarding significant improvements being made by the developer to the plat,property rights, continuing to work with the neighbors,potential liability to the Town if they should limit heights on certain lots, enforcement of conservation easements, and disclosure laws regarding notice from real estate brokers to buyers. 03/06/02 Minutes, Council Regular Session 9 MOTION: Council Member Rochman MOVED to APPROVE OV 12-00-05A, Rancho Vistoso Neighborhood 7A Preliminary Plat, effective on the date of satisfaction of conditions in Exhibit "A." A) 1. The recreation areas, trails connecting the Common Areas to the trail in Highlands Wash, and the Highlands Wash Trail shall be constructed in a manner acceptable in design to the Planning and Zoning Administrator and shall include signage at the intersection of the paths and streets. The recreation areas,trails and associated amenities shall be depicted on the Landscape Plan. 2. A letter from Tucson Electric Power Corporation accepting the abandonment of their easement per Docket 8465 and Page 1982 shall be submitted prior to Final Plat approval. 3. The conservation easement shall be recorded with the Final Plat and with the deed to each lot within the subdivision for all "no build" areas and/or all designated P.A.D. open space. "No build"areas will be included in the CC&Rs. 4. The developer shall have on record from each buyer written acknowledgement of the conservation easement and any grading limits. 5. The proposed cul-de-sac at the east end of Granite View Drive and at the north end of Rock Creek Road shall be dedicated as public right-of-way. 6. Delete "City Vista Drive"label on sheet#3. Council Member Wolff SECONDED the motion. Motion carried, 5 —O. TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE Jim Kriegh, 40 E. Calle Concordia, stated that earlier in the meeting,the subject of the development on Pusch Ridge scarring the hill side came up. He explained that that development was approved by Pima County. He also stated that he has seen other cities and towns informational pamphlets in the Bisbee Visitor's Center/Chamber of Commerce. He said that the Town of Oro Valley has a lot to offer and he suggested that the Town budget for brochures to be placed in other communities. ADJOURNMENT MOTION: Council Member LaSala MOVED to ADJOURN at 10:45 p.m. Council Member Wolff SECONDED the motion. Motion carried, 5 —O. espectfully submitted, r‘rCj Roxana Garrity, Deputy De ut Town Clem 03/06/02 Minutes,Council Regular Session 10 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_6th_ day of March 2002. I further certify that the meeting was duly called and held and that a quorum was present. Dated this o.5 day of rn -' -11 ,2002. /2a-- j—f-14_ Kath E. Cuvelier,CMC Town Clerk JP_LEY Aq� e � TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT i► • Planning and Zoning • Building Safety ` 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 A �.----#A • Parks and Recreation 1N 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 °UN D ED 9 March 13, 2002 Matthew Moutafis 10707 N. Pomegranate Drive Oro Valley,AZ 85737 RE: OV5-01-08, PROPOSED PUBLIC ART FOR THE ALBERTSON'S INLINE SHOPS, PARCEL #220090250 Dear Mr. Moutafis: At their regular meeting of March 6, 2002, the Town Council voted unanimously by a (4-0) vote to continue your request for the proposed public art located at the Albertsons Inline Shops. The Council requested for the applicant to meet with PARC to resolve the pending issues. Once the issues are resolved, this project will be scheduled for the next available Town Council meeting. Please contact me at 229-4817 if you have any questions. Sincerely, David Ronquillo Planner I cc Gigi Miller Shirley Gay www.townoforovalley.com A:Aw� LEY qR� O 0 o TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT • Planning and Zoning • Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 AA 410. • Parks and Recreation ,N 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 OUNDEO g March 15, 2002 Matthew Moutafis 10707 N.Pomegranate Drive Oro Valley,AZ 85737 RE: OV5-01-08, PROPOSED PUBLIC ART FOR THE ALBERTSONS INLINE SHOPS, PARCEL #220090250 Dear Mr. Moutafis: This letter is to inform you that the submittal deadline for the April 1, 2002 Public Art Review Committee (PARC) meeting is March 18, 2002. Please submit the necessary application requirements in order to be scheduled for this meeting. Please contact me at 229-4817 if you have any questions. Sincerely, David Ronquillo • Planner I cc Shirley Gay www.townoforovalley.com AGENDA ORO VALLEY PUBLIC ART REVIEW COMMITTEE REGULAR MEETING MONDAY April, 2002 LOCATION: ApacheRoom-Community Development Building CALL TO ORDER: at or about 4:30 p.m. AGENDA ITEMS 1. SUBJECT: ALBERTSONS OV5-01-08 Barclay Group, represented by Matt Moutafis is requesting approval of public artwork as required by the OVZCR . For additional information, please contact David Ronquillo Planner I, at 229-4817. STAFF REPORT ADJOURNMENT PLEASE ADVISE DA VID RONQUILLO IF YOU CANNOT MAKE THE MEETING. Qo�PLtEY Agj�y i1 Jc�` PLANNING& ZONING DIVISION =� 1. TO: Shirley Gay, Development Coordinator FROM: Bryant Nodine, Planning and Zoning Administrator DATE: RE: Public Art for Shops Around Albertson's in Rooney Ranch Area B Per research done by Judy Imhoff and me, the developer of the project, The Barclay Group,paid $50,000 for the public art at the Home Depot. The value of the art for Home Depot should have been $42,000. This was recognized in the Town Council report on that item, which discussed transferring the extra"credit"($8,000 now) to this project. Please reduce the contrqact amount required for this project accordingly. C:\My Documents\WORDS\MEMOint.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: June 19, 2002 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner I SUBJECT: OV5-01-08, PUBLIC ART PROPOSAL FOR THE ALBERTSONS INLINE SHOPS; LOCATED ON THE NORTHEAST CORNER OF FIRST AVENUE AND ORACLE ROAD, PARCEL #220090250 SUMMARY: Mathew Moutafis, the artist, proposes fabricating one additional Gecko directly underneath the existing Gecko sculpture at the Home Depot Store. The sculpture will be contoured and wrapped around the existing base with the tail ascending into and welded to the existing artwork. The material will consist of 3/8" steel that is powder coated with inlayed stain matching the existing Gecko. STAFF REVIEW: The proposal meets the 1% of construction cost requirement and will be available for public use more than 40 hours a week. Craig Civalier, PE, recommends that a structural engineer review the artwork for structural safety and proper design. PUBLIC ART REVIEW COMMITTEE (PARC) ACTION: The PARC met with the artist at their regular scheduled meeting of June 3, 2002. In the end, PARC voted unanimously(2-0) to recommend approval of the proposed artwork for this site. RECOMMENDATION: Staff recommends approval of the proposed public art for the Albertsons Inline Shops. SUGGESTED MOTIONS: I move to approve OV5-01-08, Public Art for the Albertson's inline shops. Attachments: 1. Public Art Proposal Planning and Zoning Administrator Community Development Director Town Manager JUN-03-2002 07:34 BARCLAY ORCUP 48059E6366 P.01/01 VANliblP 3925 W.Costco Drive•Tucson,AZ B5741 (520)877-9430•Fax:(520)877-9435 ags May 22,2002 • Tyson Remensnyder Barclay Group 8145 N'. 866 Place Scottsdale,AZ. 85258 RE: Gecko Statue Oro Valley, AZ. Dear Tyson, I received the copy of the changes you are requesting to make on,the gecko statue at the front of.the Oro Valley Home Depot. The changes, it seems,will only make the statue look better. I want to thank you for involving us in the proposed changes, and look forward to seeing the finished product. Sine 13;47- ;( .r ennipher Ball • Operations Manager Oro Valley Home Depot • RECEIVED 'a 410- • • Gl 13prtC1"'`� G USA %To at Vey U11] Proud Sponsor TOTAL P.01 Proposal The Barclay Group Dancin' Geckos Statue Enhancements At Albertson's Retail Shops Rooney Ranch From MAY �cn 1 NIL Matthew Moutafis Oro Valley Artist 10707 N. Pomegranate Drive Oro Valley, Arizona 85737 (520) 742-4307 Project: Design, fabricate one additional Gecko, to be contoured and wrapped around existing base with tail ascending into and welded to existing sculpture. Exterior placement at proposed retail shops at Rooney Ranch, bisecting Albertson's shops and Home Depot. Materials: Steel 3/8" thick, powder coated with inlayed stain glass designs. Matching existing stain glass treatment of existing sculpture. Theme: Addition to existing Dancin' Geckos Art Project. In addition, small to medium size boulders will be added to the base. Size: Approximately 5 ft. x 10 ft. wrap around design (see artwork). Timeline: Approximately 3 months from signed contract. • Cost: $7,500 plus applicable taxes. Includes: Design, art fabrication, materials, delivery & instillation. 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LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 p.m. CALL TO ORDER 6:05 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member EXECUTIVE SESSION AT OR AFTER 6:00 p.m. Mayor Loomis announced that in addition to the Town Council, the Town Manager,the Town Attorney, and the Deputy Town Clerk, Planning and Zoning Administrator Bryant Nodine would be present in Executive Session. MOTION: A MOTION was made by Council Member Wolff and SECONDED by Vice Mayor Johnson to go into Executive Session at 6:05 p.m. for the following purpose: - Pursuant to ARS 38-431.03(A)(3) discussion or consultation with the Town Attorney relating to the Rancho Vistoso Planned Area Development/General Plan Amendments and related matters, including the 1996 Supplemental (Water) Agreement with Vistoso Partners LLC and Vistoso Golf Partners LLC Motion carried, 5 —O. RECESS of Executive Session: In the event that the Council would need to reconvene the Executive Session,Mayor Loomis RECESSED the Executive Session at 7:12 p.m. (The Executive Session was ADJOURNED at 1:45 a.m. along with the Regular Session.) RESUME REGULAR SESSION AT OR AFTER 7:25 p.m. CALL TO ORDER ROLL CALL PRESENT: Paul Loomis, Mayor Dick Johnson, Vice Mayor Paula Abbott, Council Member Bart Rochman, Council Member Werner Wolff, Council Member C- 06/19/02 Minutes,Council Regular Session 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. Mayor Loomis announced that Items 11 & 12 would be combined and the public hearings would be conducted simultaneously, after which,both items would be considered by separate for motions. CALL TO AUDIENCE Robert Rubino, 13878 North Lobelia Way, Oro Valley, AZ, stated that he was in full support of the police pension plan and new hires for the police department. CONSENT AGENDA At the request of Council Member Wolff, Mayor Loomis pulled Item E off the Consent Agenda for discussion. MOTION: Council Member Johnson moved to approve the Consent Agenda with the exception of Item E. Motion seconded by Council Member Rochman. Motion carried, 5- 0. A. Minutes—6-5-02 B.Building Safety Activity Report—May 2002 C. Coyote Run Monthly Report—May 2002 D.Economic Development Activity Report—May 2002 E.Police Report—May 2002 F. Project No. OV22-01-01 Award of Bid for the Oro Valley Water Utility Linda Vista Reservoir Overflow to DAR-HIL Corporation in the amount of$73,740.00 G. OV5-01-08 Approval of the Public Art Proposal for the Albertsons Inline Shops, V Located on the northwest corner of First Avenue and Oracle Road, Parcel#220090250 H. General Plan Update 2020 Status Report#6 I. Resolution No. (R)02- 51 Authorizing the execution of an Intergovernmental Agreement for Animal Control Services between the Town of Oro Valley and Pima County J.Resolution No. (R)02-52 Approval of a Development Agreement between the Town of Oro Valley and Conquistador Properties, L.L.C. K. Cancellation of the July 3, 2002 Regular Town Council Meeting due to the Fourth of July Holiday E. POLICE REPORT—MAY 2002 STATISTICS 06/19/02 Minutes,Council Regular Session 3 Council Member Wolff pointed out that there was an increasing number of violations that were occurring around the Town and it was important to have an efficient police department. Chief Sharp agreed that the call load continues to grow. He explained that the department has noticed a spike in calls since the September 11th incident and addressed the following concerns: • Calls for service have increased about 10% each year. • Due to the departments performances measure all calls response time is within 5 minutes 90%percent of the time. He explained that as a result, the demand for calls per service impacts the department's ability to be proactive in things such as citation and dark house checks. • The department currently has officers in training and has lost officers; the department is currently down 4 officers and 2 officers are on military leave. • 911 calls are first priority. Council Member Wolff agreed that being proactive was the thing to do as opposed to being reactive. He urged Council to recognized this and support the Police Department in their request. There was no action required for this item. 2. PRESENTATION OF PLAQUE OF APPRECIATION TO MARK BROSSEAU FOR HIS SERVICE ON THE PARKS AND RECREATION ADVISORY BOARD Mayor Loomis announced that Mark Brosseau was not in the audience to accept his plaque. He stated that Mr. Brosseau served in the Parks Board from October 2000 through May 2002. 3. APPOINTMENT OF MEMBERS TO THE PLANNING AND ZONING COMMISSION WITH TERMS EXPIRING JUNE 30, 2004 MOTION: Council Member Wolff moved to appoint Mr. Don Manross, and reappoint Mr. Bill Matsukado and Mr. Bill Moody to the Planning &Zoning Commission for a term of two years with their terms expiring June 30, 2004. Motion seconded by Vice Mayor Johnson. Motion carried, 5-0. 4. APPOINTMENT OF MEMBERS TO THE BUDGET AND BOND COMMITTEE WITH TERMS EXPIRING JUNE 30, 2004 MOTION: Council Member Wolff moved to approve the appointment of Mr. Robert Jennens, Ms. Lyra Done, and Mr. Bob Schlichting to the Budget and Bond Committee with their terms expiring June 30, 2004. Motion seconded by Council Member Rochman. Motion carried, 5-0. 06/19/02 Minutes,Council Regular Session 4 5. APPOINTMENT OF MEMBERS TO THE WATER UTILITY COMMISSION WITH TERMS EXPIRING JUNE 30, 2005 MOTION: Mayor Loomis moved to re-appoint Ms. LaQuita Stec and Mr. Leo Leonhart, and appoint Ms. Erin Loudermilk to the Water Utility Commission for a term of 3 years, with their terms expiring June 20, 2005. Council Member Rochman seconded the motion. Motion carried, 5-0. 6. PRESENTATION OF DESIGN PLAN—2002 SUMMER TRANSPORTATION ART BY YOUTH PROGRAM This year's project includes the tiling of 8 concrete benches to be located adjacent to the sidewalks on Rancho Vistoso Boulevard. The students have been working with Artist Supervisor Io Palmer to develop a design plan for the benches. The students provided specific details during their presentation. The following high school students are participating in this project. Julie Fisher Alex Atkin Nathan Graves Kristin Cuvelier Marc Gouveia Sean Thurlon Jessica Jones Anna Rodriguez Aaron Vosler Courtney Johnston The project is scheduled for completion on July 26, 2002. 7. PUBLIC HEARING—RESOLUTION NO. (R)02-53 ADOPTION OF THE TENTATIVE BUDGET FOR FISCAL YEAR 2002-2003; SETTING THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR 2002-2003; SETTING JULY 17,2002 AS THE PUBLIC HEARING DATE FOR ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2002-2003; AND DECLARING AN EMERGENCY Finance Director David Andrew reviewed the Council Communication. He reported that the purpose of this agenda item was for Council consideration and adoption of the Town's tentative budget for Fiscal Year 2002-2003. He explained that the approval of Resolution No. (R) 02-53 would also set the local expenditure limitation. He said that once the limitations are set, expenditures for the year may not exceed that amount. He explained that the Council does have the discretion to make changes to the budget prior to the final adoption which is scheduled for July 17, 2002; however the total amount of the final budget may not exceed the expenditure limitation as set this evening. He stated that Council also had the authority to modify the budget throughout the fiscal year. He further explained that the tentative budget includes those modifications that were directed by the Town Council during the six budget review sessions that were held between May 6th, 2002 and June 10th, 2002. He reported that the tentative budget was in the amount of $83,548,215.00 and was balanced with the following revenues and other financial resources: 0 Police Department 06/19/02 Minutes,Council Regular Session 5 ❑Streets &Roads Maintenance ❑Development Services ❑Library Services ❑Parks &Recreation ❑Public Transportation ❑Water Utility ❑Magistrate Court ❑Administration ❑Municipal Debt Service ❑Capital Improvements Projects ❑Contingency Reserves ❑Health Insurance ❑Staffing ❑Employee Compensation ❑Capital Improvements ❑General Fund ❑Citizens Corps Council Town Manager Chuck Sweet stated that the Town Code and the Budget Policy requires that staff deliver to the Town Council a balanced budget, and balanced in a way of recurring revenues equaling recurring expenses which was done on May 1st of this year. He reported that within the last 30 days, the Town has had 2 major hits in revenue resources,which has caused an$189,316.00 recurring deficit, which was the result of a lack of funding from the state level. Mayor Loomis recessed the meeting at 8:06 p.m. The meeting resumed at 8:14 p.m. Mayor Loomis opened the public hearing. The following citizens were in full support of the Police Department increased funding and believe that this would assist in allowing the police department to continue to provide quality service in the community. • Lois Kriegh, Oro Valley • Josephine B. Ogurek, 12456 North Piping Rock Road • Bill Adler, 10720 North Eagle Eye Place • John Crauner, 982 North Calle Solanc • Larry Taylor, 1074 W. Short Creek Lane • J.R. Ragsdale, 528 West Paseo Rio • Kirk Hunt, 12428 Mesquite Crest Way • Michael Stevenson, 11000 North La Canada Drive There was discussion relating to the following issues: • Was the Step Plan included in the tentative budget or was it under consideration? • The implementation of the 480 hours sick leave buy back plan for all Town employees. 06/19/02 Minutes,Council Regular Session 6 • In 6 months to reconsider the Police Department Compensation Step Plan. • Maintaining the current Police Department Compensation Step Plan at the 4% percent increase for all certified police officers. • Changing the merit salary increase from 2%percent to 4%percent for all Town employees on their anniversary date (non-police officers) effective July 1st, 2002. • To review the market adjustment at 6 months to review and compare cost. • The review of medical care coverage for employees at the 6 month review. • The Greater Tucson Economic Council (GTEC) funding to be reviewed at the 6 month review. • The recurring deficit. • Direct the Human Resources Department and the Finance Department to compare the State Retirement System and the ICMA including the financial cost associated with that, for both the employees and for the Town. • Cost of Living (COLA) recommendations Town wide. • Additional personnel would be reviewed in January. POINT OF ORDER MOTION: Council Member Rochman moved to divide the question so the Council Members vote on all the items separately so that there is no confusion among the Council Members or the public. Then everyone would have a better idea what is exactly happening regarding these issues. Council Member Wolff seconded the motion. Motion carried, 5-0. MOTION: Council Member Rochman moved to direct staff to review the retirement system and bring back to the Council at the 6 month review in January recommendations comparing the retirement systems including the Arizona State Retirement System and the existing retirement system International City Manager's Association (ICMA)to include financial input. Council Member Wolff seconded the motion. Motion carried, 5-0. MOTION: Council Member Rochman moved to review funding available in the contingency during the 6 month review and review the Town contribution to Greater Tucson Economic Council (GTEC). Motion seconded by Council Member Wolff. Motion carried, 5-0. MOTION: Council Member Wolff moved to direct staff to review various COLA's and come back to Council with a recommendation for a standardized COLA during mid-year to be completed by January. Motion seconded by Vice Mayor Johnson. Motion carried, 5-0. MOTION: Vice Mayor Johnson moved to review the COLA for an additional 1 percent at the 6 month review. Motion seconded by Council Member Abbott. Motion carried, 5- 0. MOTION: Council Member Abbott moved to review the market adjustment for the various categories of jobs in the 6 month review for all Town employees and the Police Department. Motion seconded by Council Member Wolff. Motion carried, 5-0. 06/19/02 Minutes,Council Regular Session 7 MOTION: Council Member Abbott moved to include a review of the contingency funds in 6 months for additional personnel as needed for the Town. Motion seconded by Council Member Johnson. Motion carried, 5-0. MOTION: Council Member Wolff moved that the budget be changed to include the 480 hours (sick leave)buy back at the 50%rate for all Town employees and direct staff to bring back a comparison cost. Motion seconded by Council Member Abbott. Discussion: Council Member Rochman stated that since there were some difficulties understanding each other among the parties involved, this item could be delayed or postponed for further discussion to a future meeting and at the January review for implementation. AMENDMENT TO MOTION: Mayor Loomis asked to leave the motion as is but include direction to staff to expand on their Memorandum to Council dated May 10, 2002 prior to July 17, 2002 when the Budget is presented to Council to identify the overall input and to make sure that both parties are in agreement with the overall impact. Motion as amended carried, 5-0. MOTION: Council Member Rochman moved to maintain the current Police Department Compensation Step Plan for all certified police officers and include in the 2002/2003 Budget and Merit Plan for all other Town employees not covered by the Step Plan, a Merit Plan up to 4%percent on the employee's anniversary date. Council Member Johnson seconded the motion. Motion carried, 4-1, Mayor Loomis opposed. MOTION: Council Member Rochman moved to approve Resolution No. (R)02-53 adopting the Tentative Budget for Fiscal Year 2002-2003 and Setting the Local Alternative Expenditure Limitation for Fiscal Year 2002-2003 in the amount of $83,548,215.00 The approval of the motion includes the granting of a deviation from the provisions of Section 2 of the Town's budgetary policy which was revised by Resolution No. (R)01-28, April 18th, 2001 finding that the budgeting of additional funding for FY 2002-2003 is necessary for the continuation of superior municipal services to the community and is in the best interest of the safety and welfare of the community. This included all subsequent motions as approved. Vice Mayor Johnson seconded the motion. Motion carried, 5-0. Mayor Loomis recessed the meeting at 9:38 p.m. The meeting resumed at 9:50 p.m. 8. RECONSIDERATION OF RESOLUTION NO. (R)02-36 CONSIDERATION TO ENTER INTO A COST PARTICIPATIO AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND TUCSON ELECTRIC POWER FOR A NEW 13.8KV ELECTRICAL SERVICE FOR THE DEVELOPMENT OF RANCHO VISTOSO NEIGHBORHOODS 3 & 4 06/19/02 Minutes,Council Regular Session 8 MOTION: Council Member Wolff moved to adopt Resolution No. (R) 02-36. Council Member Rochman seconded the motion. The motion carried, 5-0. 9. RESOLUTION NO. (R)02-36 CONSIDERATION TO ENTER INTO A COST PARTICIPATION AGREEMENT BETWEEN THE TOWN OF ORO VALLEY ANDTUCSON ELECTRIC POWER FOR A NEW 13.8KV ELECTRICAL SERVICE FOR THE DEVELOPMENT OF RANCHO VISTOSO NEIGHBORHOODS 3 & 4) Jeff Weir, Economic Development Administrator, reported that this item was recently presented to Council at the June 5, 2002 Regular Council Meeting and that Council voted 3-1 against the approval of Resolution (R)02-36. However, he explained that Council has requested reconsideration of this item. He proceeded to give a brief overview of the Cost Participation Agreement between Oro Valley and Tucson Electric Power(TEP)using various maps and illustrations. In answer to a question from Council Member Rochman, Mr. Weir explained that there had been no substantial changes made to the agreement. In answer to a question from Mayor Loomis, Art Fregoso, the representative for Tucson Electric Power, explained that there had been no estimated date scheduled to begin the project,but the company would prefer that the work coincides with the construction of the Tangerine Road expansion project. MOTION: Vice Mayor Johnson moved to approve Resolution(R)02-36 with the understanding that any increases in the costs associated with the agreement, notification would be provided to the Town in advance, and the increased costs would be shared with TEP on the same contribution percentage as currently exists in the agreement. As part of this motion, e further directed staff to accumulate needed information and data for the Town Council to consider the possibility of creating and entering into a Franchise Agreement(s)between the Town and all Utility providers not already covered by an existing Franchise Agreement. Additionally,by way of this motion, the staff is also directed to return to the Town Council within 180 days with suggested undergrounding of utilities within subdivisions and the Tangerine Corridor Overlay District. Council Member Rochman seconded the motion. Discussion: Council Member Rochman suggested wording be added to the motion to show any"decreases"in cost. Mayor Loomis asked that the wording be changed on the last portion of the motion to read, "undergrounding of utilities within the Town." Council Member Abbott stated that she had concerns with this item,but since this was a time sensitive issue, the Town needed to move forward. Also, she believed that the Town had a lot more to gain than lose therefore, she would support the agreement. 06/19/02 Minutes,Council Regular Session 9 Mayor Loomis explained that because the agreement would save the Town money overall, he would support the agreement. However, he felt that each case should be reviewed on an individual basis and that this did not establish the precedent that Oro Valley would be responsible for undergrounding cost. AMENDED MOTION: Vice Mayor Johnson moved to approve Resolution(R) 02-36 with the understanding that any increases or decrease in the costs associated with the agreement, notification would be provided to the Town in advance, and the increased or decreased costs would be shared with TEP on the same contribution percentage as currently exists in the agreement. As part of this motion, he further directed staff to accumulate needed information and data for the Town Council to consider the possibility of creating and entering into a Franchise Agreement(s)between the Town and all Utility providers not already covered by an existing Franchise Agreement. Additionally,by way of this motion, the staff is also directed to return to the Town Council within 180 days with suggested undergrounding of utilities within the Town. Motion seconded by Council Member Rochman. Motion carried, 5-0. 10. PUBLIC HEARING—ORDINANCE NO. (0)02-17 OV9-99-51 ORDINANCE TRANSLATING THE ZONING FROM PIMA COUNTY CB-1,TR, AND CR-2 TO ORO VALLEY C-2,R-6,AND RI-10, WITH CONDITIONS, ON THE PROPERTIES KNOWN AS THE HALLAQ PROPERTIES, LOCATED AT THE NORTHEAST CORNER OF LAMBERT LANE AND LA CHOLLA BOULEVARD Bryant Nodine, Planning and Zoning Administrator, reported that in August 1998, pursuant to Section 9-471B of the Arizona Revised Statutes, the Town of Oro Valley's Mayor and Council annexed the area known as Map 4. He explained that the Town was required to change, or"translate"the zoning on the annexed properties from Pima County zoning designations to the closest comparable Oro Valley zoning designation. Mr. Nodine explained that in accordance with State Statutes, the Town must translate Pima County zoning to Oro Valley's closest equivalent designations. He reviewed the County zones and Oro Valley translational zoning designation as depicted below using the overhead projector: COUNTY ZONING TOWN EQUIVALENT LAND AREA CB-1 (Commercial) C-2 (Commercial) 10 acres TR(Multi-family R-6 (Multi-family 20 acres Residential/offices) Residential/offices) CR-2 (single family R1-10 (Single family 50 acres Residential) residential) In conclusion, Mr. Nodine explained that staff was recommending approval but, recommend changing the wording"Community Commercial" in Section 4 of the Ordinance to simply read "Commercial"because the designations are not all set for these types of commercial areas at this point. He explained that this would identify the 06/19/02 Minutes,Council Regular Session 10 commercial property in the area and would essentially make the translation non- conditional or would pardon the zoning. G. Lawrence Schubart, attorney representing Hallaq Properties explained that there was one point within the staff report that his company continues to find problematic. He stated that staff suggestion that the commercial designation expires after 5 years unless the General Plan is brought into conformance was totally inappropriate. He explained that there had been no time limit in Pima County and he felt that it would be inappropriate to impose a time limit now, especially in face of all of the concessions the Hallaq's had made to bring the property into conformance. He asked that Council reject staff's suggestion of the 5 year limitation as an additional condition and merely adopt the first motion suggested. Mayor Loomis opened the public hearing. Joseph Pikosz, 2082 West Three Oaks Drive, explained that he was opposed to the Ordinance especially with the R-6 zoning revision. He stated that the area should remain a R1 Zoning area to be consistent with the single family home development. Glen Smith, 10631 North Sand Canyon Place, agreed with Mr. Pikosz. He said to increase the density in the area would be substantially counter to what has already been translated into the southwest corner of La Cholla and Lambert Lane corridor. Bill Adler, 10720 North Eagle Eye Place, stated that the General Plan currently shows the area as a low density residential area. He explained that if there could be a mutual understanding such as combining the uses "commercial and residential" on a neighborhood scale so that there wasn't quite the impact that this would be more consistant with the General Plan. Alan Lathrem, 1750 West Tangerine Road, stated that he would like to remind everyone that this area was in the Town of Tortolita and he felt that this was a waste of time. He stated that he was concerned with the fact that he had not been notified that his property had been rezoned into the Town of Oro Valley. In answer to a question for Mayor Loomis, Mr.Nodine explained that whenever a property has been annexed and within 6 months, a translation has to been done and it has to meet the criteria; He explained that at this point the applicant can then request to change the zoning. He explained that Mr. Schubart was absolutely correct that the county had not included a time limit and the staff report was incorrect. He explained that the 5 year limitation was inserted because staff was trying to create something to eventually match the General Plan, either through a General Plan amendment or through the cessation of the zoning. In answer to a question from Council Member Abbott, Mr. Nodine explained that with a translational zoning, school over-crowding conditions are not considered; it is strictly moving an area from the county entitlement to a town entitlement. He pointed out that 06/19/02 Minutes,Council Regular Session 11 the applicant has verbally stated that they did not have the intention of placing an apartment complex on the site but simply wanted to keep those rights in place. He added that the Homeowners Association was contacted about the translational zoning. MOTION: Vice Mayor Johnson moved to adopt Ordinance No. (0) 02-17 OV9-99-51, translating zoning of Parcel#224-24-0120 and Parcel #224-24-0130, the Hallaq Properties, from Pima County CB-1, TR, and CR-2 to Oro Valley C-2, R-6, and R 1-10, and all applicable development standards of those Oro Valley zoning districts shall apply thereto,with the conditions listed in the Ordinance and deleting Section 4 of the Ordinance. Council Member Wolff seconded the motion. Motion carried, 4-1, Council Member Abbott opposed. Mayor Loomis combined Items 11 and 12 because they were directly related. Also,he asked that there be a single presentation that identifies the issues associated with each item. He explained that after which,he would open the public hearing and when Council was ready to make their decision that each item would be voted on in 2 separate motions. 11.CONTINUED PUBLIC HEARING-RESOLUTION NO.(R)01-84 OV11-01-01 RECONSIDERATION OF REQUEST TO AMENDTHE TOWN OF ORO VALLEY GENERAL PLAN FOR A PORTION OF RANCHO VISTOSO NEIGHBORHOOD 11,BORDERED ON THE EAST,NORTH, AND WEST SIDES BY THE TOWN BOUNDARY AND BY STONE CANYON III, II, AND IV ON THE SOUTH, FROM CURRENT LAND USE DESIGNATIONS OF PARKS/OPEN SPACE AND RURAL LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENT (ASSESSOR'S PARCEL #219050120, 21905010A, 21905011C, 21906013K, 21906013F, 21906013H, and 21906014A) (CONTINUED FROM 11/7/01) 12. PUBLIC HEARING- ORDINANCE NO. (0)02-18 OV9-01-09 REQUEST BY THE WLB GROUP ON BEHALF OF VISTOSO PARTNERS L.L.C.,TO AMEND THE RANCHO VISTOSO (RV) PLANNED AREA DEVELOPMENT AS FOLLOWS: 1) CHANGE LAND USE DESIGNATION FROM OPEN SPACE/ VERY LOW DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL FOR A PORTION OF NEIGHBORHOOD 11 (PARCEL #219050120, 21905010A, 21905011C,21906013K, 21906013F, 21906013H,AND 21906014A); 2) ABANDON THE 100-FOOT OPEN SPACE BUFFER ALONG THE WESTERN BOUNDARY LINE IN NEIGHBORHOOD 11 IN SECTION 23; 3)EXEMPTION OF RECREATION AREA REQUIREMENTS FOR NH 11; 4) REALIGNMENT OF TRAIL ALONG AGUA CANADA WASH IN STONE CANYON AS SHOWN ON THE PAD; 5) ESTABLISH CRITERIA FOR ALLOWING ENCROACHMENT INTO 25% SLOPED AREAS . Planning and Zoning Administrator Bryant Nodine reported that he would be presenting the Planned Area Development(P.A.D.) amendment which would be very similar to the General Plan amendment. He explained that the only issues that the presentation did not 06/19/02 Minutes,Council Regular Session 12 cover would be the 4 findings, however,the General Plan amendment and the P.A.D. with the conditions recommended by staff do meet the 4 findings in the General Plan. Mr. Nodine stated that the following 5 requests were made by WLB Group on behalf of Vistoso Partners and proceeded to give an overview of the site using the overhead project. • Change land use designation from open space/very low density residential to very low density residential to low density residential for a portion of neighborhood (NH) 11 (PARCEL#219050120, 21905010A, 21905011C, 21906013K, 21906013F, 21906013H, and 21906014A) He reported that the Town would be looking at about 90 acres of open space that would be affected by the development and 360 acres dedicated to the Town essentially at a 4 to 1 ratio. He explained that staff was supporting the request with the conditions in Exhibit A. • Abandon the 100-foot open space buffer along the western boundary line in Neighborhood 11 in Section 23. He explained that staff recommendation was not to approve the abandonment of the strip until the properties are brought into the P.A.D. and a similar strip is provided on the western boundary of the property. • Exemption of recreation area requirements for Neighborhood 11. He explained that staffs recommendation to the applicant was to follow the Zoning Code requirements and provide the 2 acres of recreation area. He said that there was a number of ways this could be done (1) to provide access to the proposed fitness center to all homeowners (2) find another place to provide 2 acres of recreation area(3) or do an in lieu fee. He stated that staff recommendation was to simply have them area follow the Town Code. • Realignment of trail along Agua Canada Wash in Stone Canyon as shown on the P.A.D. He explained that either one of the trail alignments that has been proposed by the applicant was acceptable to staff. He explained that what staff was proposing was that the applicant dedicates $100,000.00 to establish the alignment and construct the trail and trailhead. Therefore, staff is recommending supporting the realignment of the trail with the conditions in Exhibit A. • Establish criteria for allowing encroachment into the 25% sloped areas. He explained that staff recommends that there be no changes to the criteria except Condition#6 which changes to allow some minor encroachment. He said that there was 06/19/02 Minutes,Council Regular Session 13 some question to Exhibit#1 in terms of the restriction. He stated that staff recommendation was to approve the item with the conditions listed in Exhibit A. He said that staff supports the change in land use designation,the change in trail alignment and the new criteria to be incorporated into the P.A.D. as regulatory versus guideline. Staff does not support the abandonment of the buffer at this time or the exemption of recreation area requirements. He added that the applicant had concerns regarding the 12,000 square foot grading limit. He explained that the grading limit could be increased to 20,000 with the Planning and Zoning Administrator approval. He stated that staff would support the change from 12,000 square feet to 15,000 square feet to be consistent with the Stone Canyon Development. Dick Maes, representative for Vistoso Partners and Stone Canyon, explained that both parties have worked diligently with staff for quite sometime and are in agreement with the majority of the conditions as stated but wanted to address the following issues: • If there were questions regarding how a home was being constructed the applicant or owner could meet with the planning director and staff to determine if the model meets the criteria. • Suggested that addition information to Condition 11 that there is a conservation easement already in place on the property stating that it can not be developed. • Requested clarification if the park acreages 77 acres or 60 acres. • With regard to Condition 5d, he explained that there are funds that were owed to Vistoso Partners from when the Water Company that was sold that there was no mention of the interest accrued in the agreement. • He had concern with Conditions 6a and 6b, the dedication of the water plant. He explained that this site has been identified with the water company and with the plating therefore the site would be deeded to the Oro Valley Water Company along with the final plat approval. • There was concern with Condition 8 and explained that Vistoso Partners was in agreement with the trail and the 2 acre trailhead. He point out that Vistoso Partners was willing to give the Town the easement on property owned by Vistoso Partners. • Vistoso Partners had agreed to contribute $50,000.00 not $100,000.00 for trail easement acquisition and construction. He explained that these funds could be used for the construction of the trails or the acquisition of the easement going. crossing State land. He explained that the issue of getting the easement across State land needed to be handled by a municipality. • Condition 11- all 1 acre lots are approximately 20,000 square feet in size per maximum build out, therefore he disagrees with the 15,000 square feet and the existing lots are 20,000 square feet. This should remain consistent. • Takes exception that the 100 foot easement would not be lifted until the property was annexed into Oro Valley. • The recreation facility that is being built within Stone Canyon will cost over 3 million dollars to build. • Of the 165 people that have purchased property within Stone Canyon, 148 of them have joined the golf course. 06/19/02 Minutes,Council Regular Session 14 Larry Rollins, attorney located at 33 North Stone Ave, addressed conveyances set forth in Condition#4 of Exhibit A. He said that technically 2 of the items in Condition 4, Condition B &D did not reference the phase except for conservation easements or except for conservation easements running in favor of Pima County. He said Vistoso Partners would provide no other encumbrances with respect to conservation easements. He added that from a clarification standpoint as to coordinate timing of the dedication and releases under Condition 6 "Vistoso Partners, L.L.C. shall"relating to both A &B, additional wording be added to read"at the time of the recording of the final plat." He pointed out that many of the conditions are tied to the recording of the final plat. In answer to a question from Council Member Rochman, Mr. Rollins explained that the sole purpose for Condition 6b would secure the agreement between the Town and Vistoso Partners and the financial obligations have been either waived released or otherwise terminated with no further obligations to the Town. He stated that Vistoso Partners was asking to include Condition 6a in the recording of the Final Plat and Condition 6b to a 90 day period to effectuate the condition. Mayor Loomis recessed the meeting at 11:16 p.m. The meeting resumed at 11:28 p.m. Mayor Loomis opened the public hearing. The following citizens expressed concern with the new General Plan Amendment for Neighborhood 11. • Ann Britt, 9601 North Calle Bueva Vista • Bill Adler, 10720 North Eagle Eye Place • Nancy Young Wright, 100 West Wilkenson Drive • Louis Benson, 2590 West Tortolita The following concerns were identified: • The trail should be a viable trail. • The trail should be a multi use trail. • The General Plan Amendment Criteria had not been met with the added conditions. • The new plan would only benefit the property owner and is not an overall improvement to the general plan. • The land trade that has been discussed is not equivalent in terms of environmental sensitively or scenic value and therefore is not balancing the loss of open space. • Revenue. • Policies and goals are not being met. • The beneficiary would be the developer and a bad bargain to the Town and its citizens. • The area remaining is the Sonoran Desert and the Town should protect the area as open space. • Developer is offering land that has already been given to and identified as open space by the County. 06/19/02 Minutes,Council Regular Session 15 Mayor Loomis closed the public hearing. In answer to questions from Mayor Loomis, Mr. Maes explained that the reason they have requested that the recreation requirement be moot was that instead,they would build a 3 million dollar facility which would consist of a golfing community and hiking trails. In answer to question from Mayor Loomis, Mr. Maes explained that Condition#7 should be omitted (the facility would be a free facility to the property owners). He further explained that if the developer built any additional facilities within the guarded gates of Stone Canyon it would be a facility that the property owners within Stone Canyon would finance. MOTION: For Item 11, Vice Mayor Johnson moved to approve Resolution No. (R)01- 84, OV 11-01-01, to amend the Town of Oro Valley General Plan for portion of Rancho Vistoso Neighborhood 11 with the conditions included in Exhibit"A" as amended. EXHIBIT "A"(with the amendments added) 0�1_L L-B1 CONSIDERATIONS FOR THE FUTURE DEVELOPMENT OF THIS PORTION OF RANCHO VISTOSO NEIGHBORHOOD 11 1. Open Space encroachment will be balanced by the dedication of other comparable areas to the Town. 2. The Supplemental Water Agreement by and between Vistoso Partners, L.L.C., Vistoso Golf Partners, L.L.C. and the Town of Oro Valley dated April 29, 1996 shall be amended in a manner acceptable to the Town. 3. Vistoso Partners shall provide a public trailhead and trail and mutli-use trail access to Tortolita Mountain Park 4. Vistoso Partners will dedicate an acceptable site for a water reservoir in Neighborhood 11. The General Plan designation for that site will be amended to Public/Semi Public by this amendment. 5. There will be at least 300 feet wide contiguous areas of open space left as wildlife corridors along riparian areas unless mitigation measures or existing conditions (topography, vegetation, etc.) adequately buffer the riparian areas from the effects (lights, noise, etc.) of development. 6. All street crossing of riparian areas shall be designed to be wildlife friendly by providing: shrubs up to the shoulders speed limits of 15-20 mph culverts or other structures where the length is no more than two times the width (for wider roads [longer crossings] this may mean providing a light well at the median) sandy-bottomed, square culverts or at least large, sandy bottomed, 1/2 or 1/4 round culverts as an option, a 2'-3' culvert-type crossing for smaller animals such as javelina in conjunction with an area on 06/19/02 Minutes,Council Regular Session 16 either side of the drainage level with the roadway and enhanced with vegetation to provide an area where larger animals can cross as an option, pavement materials that mimic native materials 7. All rock outcrops identified in the Harris Study shall have 50-foot buffer around at least 75% of their circumference. 8. No buildings shall be visible from the floodplain of Honey Bee Wash. 9. Grading limits of no more than 20,000 square feet shall be imposed on all lots. 10. The approval of this General Plan amendment does not constitute an approval of the number of lots or the layout of lots as submitted—these will be evaluated at the time of the PAD amendment. In particular, those lots in the northern area of the proposal will be evaluated to determine if there is an adequate buffer to the public lands and wildlife corridors. Council Member Wolff seconded the motion. Discussion: Vice Mayor Johnson asked for clarification regarding Exhibit#7, all rock outcrops identified in the Harris Study shall have 50-foot buffer around at least 75% of their circumference. Mr. Nodine reported that this was a consideration in the General Plan Amendment. He explained that the reason this item was not carried forward in the Planned Area Development (P.A.D.)was because the tentative development plan actually meets the condition. Council Member Rochman asked if all the conditions set forward in the P.A.D. are not met would the General Plan be void. Mr. Nodine explained that in Section 2 of the Resolution which state "the revised Land Use Map shall be effective within thirty days from the date of this resolution and shall cease to be effective by December 1, 2002 unless a P.A.D. amendment is adopted in substantial conformance with the General Plan Land Use Map and the considerations in Exhibit A". Therefore, he explained that Section#2 doesn't say that it has to meet everything specifically but it has to be in substantial conformance with the General Plan and Exhibit A and then that gets translated in the specific condition in the P.A.D. amendment. In response to concerns expressed by Council Member Rochman regarding the terms "substantial conformance"in the resolution, Mr. Dudley stated that if an applicant disagreed with the substantial conformance condition and enters into litigation, it could ultimately be determined by the court. 06/19/02 Minutes,Council Regular Session 17 AMENDMENT TO THE MOTION: Mr. Dudley stated that if the Council desires, wording could be included to read, "in substantial conformance as determined by the Town Council,"in the Resolution, Section 2. Council agreed that the wording should be added. AMENDMENT TO THE MOTION: Mayor Loomis asked that the wording be changed in Exhibit A, #3 to add the wording, "Vistoso Partners shall provide a public trailhead and trail and multi-use trail access to Tortolita Mountain Park." Motion as amended carried, 3-2,with Mayor Loomis and Council Member Abbott opposed. MOTION: For Item 12, Vice Mayor Johnson moved to approve Ordinance (0)No. 02- 18, OV09-01-09 Amending the Rancho Vistoso P.A.D. document and Land Use Map, effective on the date of satisfaction of attached conditions listed in Exhibit"A" as amended. EXHIBIT A CONDITIONS OF APPROVAL(Renumbered and amended) OV09-01-09: REQUEST TO AMEND THE RANCHO VISTOSO PAD 1. Change the land use designation on the TDP for lots 342 and 343 to very low density residential. 2. Add a general note to the TDP about the close proximity to the existing La Cholla Air Park,which lies directly west of Rancho Vistoso NH 11. 3. The TDP and affected areas of the PAD Map and document will be revised as approved by Council and submitted to the Town in an acceptable digital format (DXF format for images and WORD format for text files). 4. The applicant will dedicate the areas to the Town as follows (see Proposed Trade Areas Exhibit C): a. 65 acres (northeast corner of the NH 11) shall be deeded in fee to the Town at the time of recording of the Final Plat,however title in fee, free from all liens and encumbrances, except conservation easements, shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; b. ITC property(120-acre north one-third of RV NH 12) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances, except conservation easements, shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; 06/19/02 Minutes,Council Regular Session 18 c. Honey Bee Park (77 acres) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances, except conservation easements, shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; d. Honey Bee Wash Common Area (98 acres) shall be deeded in fee to the Town at the time of recording of the Final Plat, however title in fee, free from all liens and encumbrances shall be transferred into trust within 90 days of the Town Council vote approving the PAD amendment and shall not thereafter be encumbered; e. Within 36 months of the Town Council's vote approving the PAD amendment, the Final Plat shall be submitted to the Town in conformance with the Zoning Code. 5. Within ninety(90) days of the Town Council's vote conditionally approving this PAD Amendment, the Supplemental Agreement by and between Vistoso Partners, L.L.C., Vistoso Golf Partners, L.L.C. and the Town of Oro Valley dated April 29, 1996 shall be amended. Such amendment shall incorporate terms to the absolute satisfaction of the Town of Oro Valley at the sole and absolute discretion of the Town Council. The failure to adopt such amendment to the Supplemental Agreement within such ninety(90) day period shall result in the failure of this condition and this PAD amendment. The amendment to the Supplemental Agreement shall incorporate the following provisions but shall not be limited to those provisions: a. The recharge fee associated with water use for the Golf Club at Vistoso and the Stone Canyon Golf Course shall be assessed for all water used, on an annual basis. b. Vistoso Partners L.L.C. /Vistoso Golf Partners, L.L.C. shall pay to the Town $890,000.00. Such amount shall be secured by first liens on each of the designated 89 lots within Rancho Vistoso Neighborhood 11. Each lien shall secure the amount of $10,000.00 due when the property is sold. c. Vistoso Partners L.L.C. /Vistoso Golf Partners, L.L.C. shall pay the standard base charge for all water meters associated with the golf courses. d. All water connection fees (impact fees) alleged to be exempt under the Supplemental Agreement are eliminated retro-actively to the date of execution of the Supplemental Agreement in consideration of reimbursement with interest of Vistoso Partners, L.L.C.'s cost of construction of Off-Site Facilities as set forth in Exhibit"C" of the Supplemental Agreement. 6. Vistoso Partners, L.L.C. shall: a. Effective no sooner than 90 days of the adoption of the PAD,but only when reasonably necessary for the Town's use, dedicate Water Plant Site# 15 (as shown in Exhibit D) to the Town without cost to the Town on or before the effective date of the PAD 06/19/02 Minutes,Council Regular Session 19 amendment. Such dedication shall include all necessary ingress and egress routs and water line easements to the site. b. Secure within 90 days a satisfaction and release from Stone Canyon L.L.C. or any other entity having an interest in the Town's obligation, if any, with regard to the acquisition of Reservoir Sites required for Water Plant# 13 and Water Plant# 14 which were dedicated to the Town pursuant to the Development and Pre-Annexation Agreement executed on or about March 8, 2001,between the Town and Stone Canyon L.L.C. Furthermore, Vistoso Partners, L.L.C. agrees to secure such satisfaction and release without cost to the Town. 7. The Agua Canada trail will be relocated provided an alternate trail alignment is chosen per Exhibit F. Vistoso Partners shall deed to the Town the two-acre trailhead south of Stone Canyon III development and shall deed land or dedicate easements for connecting trails from the trailhead through their property to public lands at the southwest corner of Neighborhood 11. Vistoso Partners shall also contribute $50,000 to the Town for the costs of providing access to and trails from this trailhead. 8. Prior to recordation of the final plat associated with these amendments, Rancho Vistoso Partners shall complete all trails shown in the PAD, except those that are part of future developments, and shall provide public access to all of those trails through recorded easements. 9. Encroachment into 25% or greater slopes, throughout the PAD, shall follow the criteria listed in Exhibit G. 10. Correct condition#11 on the TDP to read as follows: a. All lots will have a maximum of 20,000 square feet of gradable area per lot. b. The Town may approve lots with less than 12,000 square feet of gradable area to as low as 8,000 square feet with the specific identification of such lots on the Final Plat. A separate notice will be given to the property owners about such limitations. Council Member Rochman seconded the motion. AMENDMENTS TO MOTION: Vice Mayor Johnson recommended that the following changes are added to the conditions in Exhibit A: 1. To change contribution for trail easement from $100,000.00 to $50,000.00 2. To change the grading limit to 20,000 square feet. 3. Conditions 4b and 4d, the trust be transferred within 90 days of Town Council vote approving the P.A.D. amendment and shall not thereafter be encumbered. 4. Additional wording for Condition#8 change connecting trails to from the trailhead. 5. Additional wording for Condition#9 which was change subdivision to development. 06/19/02 Minutes,Council Regular Session 20 Discussion: Mayor Loomis had concerns with conservation easement and if the Town would need to establish an Intergovernmental Agreement with Pima Council so the Town could use the $50,000.00. Also, he felt that there were significant elements relating to the project that had not been revealed, therefore, was very opposed to the agreement and could not support the project at this time. He urged Council to vote no on the motion. Vice Mayor Johnson stated that he would prefer to see the Oro Valley in control of the 89 acres and not Pima County. Council Member Rochman pointed out that the new development would bring in a substantial amount of tax money into the community which would be paid to the school district that would benefit children throughout Tucson. Council Member Abbott pointed out that the citizens of Oro Valley wanted to maintain and protect the open space,therefore,the General Plan should not be altered. She felt that the P.A.D. would cause a liability because of the clause "substantial conformance" and would eventually come before the court. She felt that the public would benefit regardless of whom controlled the 89 acres. She stated that she was opposed to residents paying a fee for any amenity that is a recreational facility requirement of the Town. AMENDMENTS TO MOTION: Mayor Loomis asked that the wording be changed in Condition 6b of the exhibits to read: to be effective in 90 days; Condition 6a to state, effective no sooner than 90 days of the adoption of the P.A.D.,but only when it's reasonably necessary for the Town's use; Condition 5b, that it is the understanding that each lien is due when the property is sold; Condition 5d, to include the dollar figure plus interest; Condition 8, that the $50,000.00 should be paid to the Town of Oro Valley. Mr. Nodine reiterated that the resolution the way it was currently worded did not include the exemption for the recreation area and did not include the removal of the open space strip. He explained that if it was the intention of the Council to approve this resolution, changes would need to be made. He explained that he would also need some direction if Planning and Zoning Administrator discretion applied to encroachment into slopes. He explained that the recreation area exemption and the open space strip on the west are not included in the resolution because of staff's recommendation. Vice Mayor Johnson recommended that an exemption be included to waive and or eliminate the buffer and recreation facility requirements. Council Member Wolff agreed. Motion as amended carried, 3-2, Mayor Loomis and Council Member Abbott opposed. Mayor Loomis recessed the meeting at 12:37 p.m. The meeting resumed at 12:45 a.m. 13. PUBLIC HEARING- OV12-00-25 CATALINA COMMUNITIES, /" REPRESENTING THE TEPPERPROPERTY,RECREATION AREA IN-LIEU v FEE PROPOSAL FOR THE VISTA MONTANA SUBDIVISION; LOCATED ON 06/19/02 Minutes,Council Regular Session 21 THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND EGLESTON DRIVE, PARCEL #225112350 Community Development Director Brent Sinclair reported that as a condition of the rezoning request for this property, an in-lieu fee will be required for the recreation area. He explained due to the close proximity to James D. Kriegh Park and the small size of the subdivision, a recreation area would not be provided and the in lieu fee would be used for the funding of future Town Parks and recreation facilities. Mayor Loomis opened the public hearing. Lousie Renneckar, 9751 North Horizon Vista Place, explained the she was in support of the request but proposed a condition that the in-lieu fee is kept at $14,654.00 which would be dedicated to the James D. Kreigh Park, the southern portion of the Town and the reduction of light pollution. Mayor Loomis closed the public hearing. MOTION: Council Member Rochman moved to approve OV 12-00-25, In-Lieu Fee proposal for the Vista Montana subdivision, subject to the conditions listed in Exhibit A, attached herewith and to direct the Park and Recreation Advisory Board to investigate how the in-lieu fee would be used throughout the Town and to find a way to use this particular in-lieu fee in the southern portion of the Town. Exhibit A OV 12-00-25 In lieu Fee Proposal 1. The in lieu fee shall be $14,654.00 to reflect the fair market value of the required area for which the fee is being proposed as an alternative and shall be used for the funding of future Town Parks or recreational activities. 2. The applicant must provide a written appraisal report prior to Town Council approval of the proposed recreation area in lieu fee. Vice Mayor Johnson seconded the motion. Motion carried, 5-0. 14. OV12-00-25 - FINAL PLAT TEPPER PROPERTY REQUEST FOR FINAL PLAT APPROVAL FOR THE VISTA MONTANA SUBDIVISION,LOCATED ON THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND EGLESTON DRIVE, PARCEL #225112350 Community Development Director Brent Sinclair explained that Catalina Communities is proposing to develop Vista Montana, a 20 lot subdivision on 7.82 acres. The subdivision will consist of two types of single family uses on the subject property; a low-density residential (R1-36) along the west edge, and a medium density residential (R1-7) on the 06/19/02 Minutes,Council Regular Session 22 remaining portion of the site. He recommended that a second condition be placed on the exhibit that the multi-use path placed on the eastside of the property must be dedicated as a public easement prior to recordation of the final plat. The final plat must be revised to indicate that the easement will be recorded as a separate instrument for the multi-use path. MOTION: Vice Mayor Johnson moved to approve OV 12-00-25, Vista Montana Final Plat, effective on the date of satisfaction of the conditions listed in Exhibits A including the additional Condition#2, attached herewith. Exhibit"A" (with the additional wording) OV 12-00-25 Final Plat 1. The Final Plat and/or the Declaration of Covenants, Conditions and Restrictions for Vista Montana shall state that the Association shall be responsible for the maintenance of the floodwall. 2. The multi-use path on the east side of the property(Egleston Drive) must be dedicated as a Public Easement prior to recordation of the final plat. The final plat must be revised to indicate that the easement will be recorded as a separate instrument. Council Member Wolff seconded the motion. Motion carried, 5-0. 15. PUBLIC HEARING: ORDINANCE NO. (0) 02-19 , OV8-02-02 REQUEST FOR A CONDITIONAL USE PERMIT FOR A WOMEN'S FITNESS CENTER LOCATED ON THE SOUTHWEST INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE CANADA CROSSROADS PLAZA Community Development Director Brent Sinclair reported that Romano Real Estate requests a conditional use permit to allow a women's fitness facility to provide aerobic and exercise activities for women. He explained that a conditional use permit is required to assure land use compatibility. The proposed fitness center will consist of 1,200 square feet within the Canada Crossroads Plaza. He added that the Planning Commission recommended Condition#2 should read, "Music may not be played at a volume that can be heard from surrounding land uses". Mayor Loomis opened the public hearing. There being no speakers, Mayor Loomis closed the public hearing. MOTION: Council Member Rochman moved to approve Ordinance No. (0)02-29, OV8-02-02, conditional use permit for a women's fitness facility, with the conditions listed in Exhibits A, attached herewith as corrected. Exhibit"A" (as amended) OV8-02-02 06/19/02 Minutes,Council Regular Session 23 Women's Fitness Facility 1. All doors and windows to this facility must be closed, as necessary,to restrict potential noise and music from impacting surrounding uses. 2. Music may not be played at a volume that can be heard from surrounding land uses. Council Member Wolff seconded the motion. Motion carried, 5-0. 16. PUBLIC HEARING: ORDINANCE NO. (0) 02- 20, OV8-02-03 REQUEST FOR A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY LOCATED ON THE SOUTHWEST INTERSECTION OF LA CANADA DRIVE AND LAMBERT LANE WITHIN THE CANADA CROSSROADS PLAZA Community Development Director Brent Sinclair reported that the applicant requests a conditional use permit to provide martial arts classes for a range of ages throughout the day. The facility will be located in the same complex as the women's fitness center as approved in Item 15. He explained that the proposed business will encompass one suite, approximately 1,200 square feet in size within the existing building on the west side of the property. Mayor Loomis opened the public hearing. There being no speaker, Mayor Loomis closed the public hearing. In answer to a question from Mayor Loomis, Mr. Weir explained that in neighborhood commercial districts there will be more service oriented businesses. MOTION: Vice Mayor Johnson moved to approve Ordinance No. (0) 02-20, OV8-02- 03, condition a use permit for a martial arts school, with the conditions listed in Exhibit A, attached herewith as corrected. Exhibit"A" (as amended) OV8-02-03 Martial Arts School 1. All doors and windows to this facility must be closed, as necessary, to restrict potential noise and music from impacting surrounding uses. 2. Music may not be played at a volume that can be heard from surrounding land uses. Council Member Rochman seconded the motion. Motion carried, 5-0. 17. OV12-01-14 PRELIMINARY PLAT- RANCHO VISTOSO NEIGHBORHOOD 2, PARCEL I REQUEST FOR APPROVAL OF PRELIMINARY PLAT, LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE INTERSECTION 06/19/02 Minutes,Council Regular Session 24 OF ORACLE ROAD AND RANCHO VISTOSO BOULEVARD ON THE WEST SIDE OF ORACLE ROAD Community Development Director Brent Sinclair reported that Cottonwood Properties has proposed to develop single family homes on the site consisting of 33.31 acres with approximately 11.7 acres of developable land. He then proceeded to give a brief overview of the site using the overhead project. Bill Hallinan, the owner of Cottonwood Properties stated that the community has been very supportive of the project. In answer to a question from Mr. Sweet, Mr. Hallinan explained that Big Wash area had not been dedicated at this point but would be dedicated to the Town in the future. He pointed out that Parcels 2a, 3a& 3b and a portion of Parcel 2b had not been dedicated as well. Mr. Sweet point out that the P.A.D. requires that the Big Wash be dedicated to the Town and that it would just be a matter of when and what mechanism. Mayor Loomis recommended reviewing this issue again during the approval of the Final Plat to make sure that it ultimately meets the requirements. In answer to a question from Mayor Loomis, Jim Hossley, the Storm Water Administrator explained that staff did not expect any problems in the traffic flow in the area. MOTION: Vice Mayor Johnson moved to approve OV12-01-14,Rancho Vistoso Neighborhood 2 Parcel I, Preliminary Plat, subject to the conditions listed in Exhibit "A" attached, herewith. Exhibits"A" OV 12-01-14 Preliminary Plat 1. A study for potential breakout for HDPE pip outlet at emergency access adjacent to lot 40 shall be provided. 2. The Q100 for twenty Seven Mile Wash at project site shall be corrected or notation shall be deleted from Hydrology Report. 3. Delineations of 100 year Floodplain Limit lines near Concentration Point D5 on Sheet 6 shall be correctly depicted. 4. A. calculation sheet for the RCP pipe with 31 cfs shall be provided for Hydrology Report. 5. Design shall ensure that stilling basins are completely drained in 24 hours. 06/19/02 Minutes,Council Regular Session 25 Council Member Abbott expressed concerns with the traffic flow onto Oracle but commended the applicant for getting together with the community and listening to their concerns. Council Member Abbott seconded the motion. Motion carried, 4-1,Mayor Loomis opposed. 17. DISCUSSION AND CONSIDERATION RELATING TO DIRECTION TO THE NARANJA TOWN SITE EXECUTIVE COMMITTEE AND TASK FORCE RELATING TO TOWN FACILITIES Town Manager Chuck Sweet reported that the purpose of this request was to identify a site for the Town facilities on the Naranj a Town Site Master Plan. He said that it would be appropriate to direct the Executive Committee and Task Force through their consultant to find the optimum location in a manner that is functional with the rest of the master planned facilities. He stated that it was important that a suitable site be identified for future municipal services needs at this stage of the Master Planning process. He explained that there would be fiscal impact. He explained that the inclusion of a town facilities site on the Master Plan would result in some adjustments to the project cost and schedule. He said that a cost increase of about $5,000.00 would be necessary with an additional 2 to 3 week at a time. He then proceeded to review the personnel,vehicles & equipment at the Calle Concordia location. Mayor Loomis opened the floor for public comment. Stan Weintraub, 1320 East Starship Place, was not in favor of Town facilities at the Naranj a Town Site development and wondered if the desires of the Town residents were being addressed. Colleen Wampler, 499 West Wheeler Road, stated that the site would affect many citizens in the area and was opposed to the additional Town facilities at of the site because it would be a great impact on the community. She encouraged the Town Council to consider a more commercial location. Council Member Abbott had concerns with the topography of the area, regarding the facility taking up prime acreage but understood that there was no doubt a need for the new Town facilities. She reiterated that this was only a proposal and not a"done deal." She asked if the site was sold to the public as a park or as a Town site because there seemed to be confusion about this. Vice Mayor Johnson stated that all aspects of the project would be considered such as the walls and landscaping so that the site would blend in with the community Mayor Loomis explained that the Town has worked very closely with the Task Force and Executive Committee to not the stifle the creativity and allow the committee to develop a menu of needs. 06/19/02 Minutes,Council Regular Session 26 MOTION: Mayor Loomis moved to direct staff to develop a Map "C"that reflects their best ideas and alternatives and to identify whether the development should be developed in three spots or in a single spot and determine if these areas would accommodate the Towns needs. Council Member Wolff seconded the motion. Motion carried, 4-1, Council Member Abbott opposed. TOWN MANAGER'S REPORT No report. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Vice Mayor Johnson moved to adjourn the meeting at 1:45 a.m. Council Member Wolff seconded the motion. Motion carried, 5-0. Respectfully submitted, in ersha, Secretary II 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 19tn day of June.,2002. I further certify that the meeting was duly called and held and that a quorum was present. Dated this `J\ day of , 2002. c", Kat E. Cuvelier, CMC Town Clerk iti OJPLLEY AR/ 1 oo o� TOWN OF ORO VALLEY t COMMUNITY DEVELOPMENT DEPARTMENT 4 > • Planning and Zoning • Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 � — -.. - A • Parks and Recreation 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 '1VNDED�g June 21, 2002 Matthew Moutafis 10707 N. Pomegranate Drive Oro Valley, AZ 85737 RE: OV5-01-08, PUBLIC ART FOR THE ALBERTSON'S INLINE SHOPS, PARCEL #220090250 Dear Mr. Moutafis: At their regular meeting of June 19, 2002, the Town Council voted unanimously (5-0) to approve the proposed public art for the Albertsons Inline Shops. There were no conditions specified for this project. As you are aware, a certificate of occupancy certificate will be issued once the Public Art is complete. Please let me know at 229-4817 if you have any questions. Sincerely, --\ ,011140 David Ronquillo Planner I cc Gigi Miller Shirley Gay www.townoforovalley.com