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HomeMy WebLinkAboutPackets - Council Packets (1999)Town Council Meeting Regular Session December 3, 2025 Upcoming Meeting Announcements Upcoming meetings Meetings are subject to change. Check the Town website for meeting status. Tourism Advisory Commission December 15 at 4:00 p.m. Council Chambers Town Council Special Session December 11 at 8:30 a.m. Council Chambers Town Council Special Session December 17 at 5:00 p.m. Council Chambers Town Council Regular Session January 14, 2026 at 6:00 p.m. Council Chambers 4 Mayor and Council Reports Spotlight on Youth 7 Luiza Leal 8th grade Cross Middle School Spotlight on Youth Town Manager’s Report How to use this template: THIS WEEKEND! Holiday Festival of the Arts & Tree Lighting Celebration at the Oro Valley Marketplace Presented by Art State Arizona (formerly SAACA) Saturday, Dec. 6 10 a.m. – 5 p.m. Tree lighting at 6 p.m. Sunday, Dec. 7 10 a.m. – 4 p.m. Details: ArtStateAZ.org NEW YEAR’S DAY Hot Cocoa 5K 2026 at Steam Pump Ranch Thursday, Jan. 1 9 a.m. – 2 p.m. THURS., DEC. 18 SnOV: An Oro Valley Holiday Event at the OV Community Center 5 – 8 p.m. Town Council Meeting Regular Session December 3, 2025 Surf Thru Express Car Wash Proposed Art - Appeal Town Council, Public Hearing December 3, 2025 Purpose Was there justification for the administrative zoning determination? Background On September 17, 2025, an administrative determination was made to deny the proposed art submitted, per §27.3.H.2 and §27.3.H.9 of the Town zoning code. Proposed Art “Sky Rider” and “Ride the Wave” Architectural Renders Facing southeast and southwest Proposed Art Location Site Aerial Oro Valley Marketplace, South Development Area A B Placement on Site “Sky Rider” (A) and “Ride the Wave” (B) §27.3.H.2: “Response to Context” §27.3.H.2: “Response to Context… Artwork should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate.” Content: The proposed art is not “appropriate” in “content for the immediate and general social and physical environments with which they are to relate”. The environments of the Oro Valley Marketplace are defined by existing and recently updated master plans. •Master Arts Package •Master Development Plan •Master Architecture Plan •Master Landscaping Plan •Master Sign Plan 15 §27.3.H.2: “Response to Context” §27.3.H.2: “Response to Context… Artwork should be appropriate in scale, material, form and content for the immediate and general social and physical environments with which they are to relate.” Context: The proposed art fails to relate to the existing art themes and environment present within the Oro Valley Marketplace. Existing Art within the Oro Valley Marketplace §27.3.H.9: “Advertising Elements” §27.3.H.9: “Advertising Elements… Art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity.” Representations of Corporate Identity: The proposed art primarily reflects the name of the business (Surf Thru Express Car Wash). Proposed Art Business Identity Depictions of surfers Surf Thru Express Car Wash §27.3.H.9: “Advertising Elements” §27.3.H.9: “Advertising Elements… Art shall not reflect or include advertising elements of a business or corporation including colors, graphics, logos or other representations of corporate identity.” Colors: The colors included for both sculptures’ surfboards are identical to those of the business logo. Proposed Colors Business Identity (Used for both surfboards)Surf Thru Express Car Wash Summary Was there justification for the administrative zoning determination? •The proposed art is not in compliance with the Town zoning code, per §27.3.H.2 (“Response to Context ”) and §27.3.H.9 (“Advertising Elements”). •This agenda item does not enable a zoning variance or customization of requirements. The applicant may still provide a new or revised art proposal for administrative consideration. §27.3.H.9: “Advertising Elements” Restricting use of “representations of corporate identity” differentiates art verses signage. Required art typically remains when a future business repurposes a building or facility. Business/Corporate Name Business Purpose Surf Thru Express Car Wash Extra Space Storage & Sprouts Public Art Appeal •To demonstrate the proposed abstract sculpture is not a representation of corporate identity. •To ensure Oro Valley’s public art code aligns with statewide standards and encourages creative investment. •To protect the integrity of public art while removing unnecessary restrictions on artistic expression. Purpose of Appeal The Artwork at Issue •Abstract stick figure standing on a sculptural form resembling a surfboard. •No text, logos, or company branding. •Artist’s intent: symbolize motion, balance, and joy—universal human qualities. •Function: public placemaking, not advertising. Oro Valley Zoning Code §27.3.H.5(b): “Public art shall not include representations of corporate identity.” Town Interpretation: – Any reference to “surfing” is a representation of the company name “Surf Thru.” Issue: – The interpretation applies the rule literally rather than contextually or by intent. Widely accepted definition: •Corporate identity refers to visual elements, logos, trademarks, colors, or products that communicate a company’s brand for commercial recognition. •Key characteristics: •Used for promotion or brand reinforcement •Depicts products, logos, or services sold •Has commercial intent or association The Surf Thru sculpture meets none of these criteria. Definition of Corporate Identity in Public Art Intent of §27.3.H.5(b) Purpose: Prevent commercial advertising under the guise of art. Not intended to: •Prohibit metaphorical or thematic imagery. •Restrict artists from drawing inspiration from general concepts related to motion, energy, or natural forms. •Discourage businesses from commissioning meaningful, community -facing artwork. Comparison: Arizona Best Practices •City of Scottsdale: Public art must not “advertise or identify a business” — but abstract or thematic works are permitted. •City of Phoenix: Art may be placed on commercial property if it does not “contain logos, product images, or brand identifiers.” •City of Tempe: “Corporate identity” limited to brand or logo representation; metaphorical references allowed. All allow interpretive, non -branded works like the Surf Thru sculpture. •No product depiction: The business washes cars; the sculpture features a stick figure and surfboard form. •No logo, text, or branding: Zero use of company marks or colors. •Abstract, not literal: Represents movement and flow, not a surfing activity or corporate symbol. •No marketing use: Not used in advertising or signage. Why the Sculpture is NOT Corporate Identity •The Surf Thru Artwork Is Fully Compliant •Aligns with the new architectural vision of Town West. •Fits the site’s scale, materials, and placemaking goals. •Responds to today’s redevelopment, not a 2007 Marketplace design. •Satisfies the intent and requirements of Section 27.3.H.2. Appealing the determination that our artwork “does not appropriately respond to context” under §27.3.H.2. •Town staff interpreted “context” as requiring replication of the 2007 Vestar flora/fauna theme. We assert: •No such requirement exists, was ever adopted, or applies to this redevelopment. Section 27.3.H.2 Appeal What the Town’s Decision Is Based On Town staff believes: 1.The 2007 Vestar art package created a permanent theme for all future development. 2.“Context” means new art must match that 17 -year-old aesthetic. Our position: Both assumptions are incorrect and unsupported by code, practice, or record. As the administrator of the 2007 process, we confirm: •The flora/fauna theme was Vestar’s choice, not a Town requirement. •No agreement, ordinance, or Council action requires future owners to mirror that theme. •If such a mandate exists, we respectfully request the Town identify it in the public record. The Town Center today is not the Marketplace of 2007: •New ownership - New master plan - New architecture - New Zoning - New Name - New placemaking goals “Context” must reflect current conditions — not a past iteration that no longer exists. 1. Public Art Standards Do Not Allow Municipal Theme Requirements •National best practices (AFTA, PAN, ULI) affirm: •Developers define artistic direction. •Municipal review covers location, safety, durability, and code compliance —not artistic style. •No major Arizona city requires new developments to replicate past art themes. •Imposing a 2007 theme would make Oro Valley an outlier in the state. 2. No Notice Was Ever Given to Town West •No acquisition documents reference a required 2007 flora/fauna theme. •The issue was not raised during pre -application or early public art meetings. •A thematic requirement must be codified and disclosed to be enforceable. 3. “Context” Under §27.3.H.2 Is Being Misapplied Context means: •Current architecture •Present site conditions •The development’s future identity Context does not mean: •Replicating historic themes •Maintaining aesthetic continuity with past owners •Re-creating a prior developer’s art package Oro Valley has no thematic art district in its code. KEY ARGUMENTS - SECTION 27.3.H.2 Conclusion Tonight, we are respectfully asking for two things: 1.Approval of the Surf Thru artwork as submitted, based on its full compliance with Section 27.3.H.2 and its alignment with the new Town Center vision. 1.Direction to begin a review of the public art code, so that Oro Valley’s ordinance reflects best practices, supports development, and encourages a richer, more diverse public art landscape. Oro Valley is evolving. Its public art code should empower that evolution, not restrict it. The qualities that attract employers, residents, and investment — vibrancy, aesthetic ingenuity, and memorable placemaking —depend on a code built for today, not 1997. Modernizing this section will strengthen the Town Center, support future development, and uphold Oro Valley’s legacy as a community defined by the beauty and power of art. Thank You Let’s begin the conversation and start the work