HomeMy WebLinkAboutOV80410 a
DEC 1 6 20
04
NOTICE
In addition to the Town of Oro Valley (the "Town"), there may be other jurisdictions affecting development of
this property. If a property developer waits until late in the development process to contact other pertinent
governmental agencies or bodies, additional expense and time in coordination,redesign and development may be
a result. Examples of other governmental agencies and/or bodies that may have overlapping jurisdiction over this
property include but are not limited to the following:
Federal:
• The United States Department of the Interior, Fish and Wildlife Service is responsible for Endangered
Species Act compliance,etc. Please note,habitat has been designated within the Town.
U.S.Fish and Wildlife Field Division
2321 West Royal Palm Road, Suite 103
Phoenix,Arizona 850214951
Phone (602)640-2720 Fax(602)620-2730
♦ The United States Corps of Engineers:This agency is responsible for management of jurisdictional waters,
etc. Section 404 consultations may be required on properties that contain washes.
• U.S. Army Corps of Engineers
5205 E.Comanche
Davis Monthan AFB
Tucson,AZ 85707
Phone(520)584-4486 Fax (520) 584-4497
State:
• Arizona Department of Environmental Quality: This agency has multiple responsibilities. Please contact
directly for further information.
ADEQ
1110 W. Washington Street
Phoenix,AZ 85007
(602) 771-2300
County:
• Pima County Department of Environmental Quality: This agency has multiple responsibilities. Please
contact directly for further information.
PDEQ
201 N. Stone Avenue, 2nd Floor
Tucson, AZ 85701
(520) 740-6520
Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with
Federal, State or County regulations. If you have any questions concerning your responsibilities under federal
law,please contact the applicable agency.
APPLICANT NAME: 11 r�oT �1 Na-t
CONTACT PHONE AND ADDRESS: f,o - �t� . 1Je fl u �1� c� 4z 85028
a e �� 3 ('t�aB►1
SITE LOCATION: Lai 3 aistc>J, 1 s\e,st\ es�� VtAs $ks.IC.dnQ eS r cbr ra_A\d.yc�,cet �`` U.1st(We
PROPOSED USE: Tie 4 m k.rz a 'NW U UU
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Applicant Stature Date
Case/File Number (5\1 8- t4,- ID
OJPLLEYA,j,
o� DEC 6 2004
A.
PCIUNDEv'0114 TOWN OF ORO VALLEY, PLANNING AND ZONING
11000 N.LA CANADA DRIVE, ORO VALLEY AZ 85737
PHONE: (520)229-4800 FAX: (520)742-1022
www.townoforovalley.com
APPLICATION FORM
OV Case#(Office Use Only):
Application Type: CONDITIONAL USE PERMIT
A. Project Manager/Developer
Name: JERRY KESLER
Firm: FLETCHER TIRE
Address: 2228 West Northern Ave.
City: Phoenix State: AZ Zip: 85021
Telephone: (602)371-4902 Fax: (602)331-3633 Email:
B. Property Owner(s),if more than one owner,attach list
Name: ROXANNE FIELDS
Firm: EVERGREEN-TANGERINE L.P.
Address: 2920 E.CAMELBACK RD.Suite 100
City: Phoenix State: AZ Zip: 85016
Telephone: (602)808-8600 Fax: (602)808-9100 Email:
C. Subject Property
Parcel/Tax Code: 224-02-170A 9
Legal Description/Property Address: LOT 3, PARCEL NO. 1 OF TANGERINE HILLS BLOCK ONE LOCATED NEAR THE
SOUTH EAST CORNER OF TANGARINE RD.AND N.1ST AVE.
Area of property: 41,750.8 S.F
Existing Zoning: C-2 Proposed Zoning: C-2
Is Proposed Zoning in conformance with General Plan designation? [ ]NIA [ ]Yes [ ] No
General Plan Designation:
Existing Land Use: VACANT Proposed Land Use:
D. Previous Applications Relating To This Property
OV8- OV9- OV10-
OV11- OV12- OV13-
E. Reason For Request
This application is true and correct to the best of my knowledge. I am the owner of the above described property or have
been authorized by the owner to make this application.
/,Z • .0171
Date Signature
Dec 16 0 02: 17p aid r kesler inc 6C - 331 3633 p, 1
DEC-16-2004 12:15 _UERGREEN DEUCO INC
6028089100 P.02
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\-6.,,,,ED:Iih.., DEC 1 6 2004
TOWN OF ORO VALLEY PLANN
ING AND ZONING
11000 N:-LA-CANADA-DRfifE ORf? Ltd`-AZ 85
PHONE: (520)229-4800 FAX- (520)742-1022
APPLICATION FORM
OV Comet(Office Use orrty}rj Jf _ a_.
Application Type::. EONDITIONAL WE-PERMIT—-
A. Project Manager/Developer
Name: -,1 •
Firm:� FLETCHER TIRE -
Address;. .. Z �: .._.. ....
City: Phoenix _
Teiap}mn e, ic: State: AZ Zip: 85021 602m1;3033- -Email: _..
----�
B. Pfy
morrtimorrrOvMerTattoctriis
Name;
ROXANNE FIELDS
Firm:- k
Address: 2920 E.CAMEL ACK RD_ ulte 100
City: Phoenix~ _
Telephone: 602 608-$G00 Stare: At Zip: 85016
Fax: (602)808-9100
Email:
C. Subject Property
Parcel/Tax Code;- . 2
Legal Description/Property Address;LQT 3`PARCEL NO.1 OF TANGERINE HILLS BLOCK ONE LOCATED
SEIJTI}EAST` NEAR THE
Area of property: ROE:
4'I,754.8 S.F
Wig' iorttng;- . f
is Proposed Zoning in conformance with General Plan designation?eposed �
CenePl resignation: ] N/A t 1 Yes [ ]No
Existing Land Use: VACANT
�._PCMnsed and rca• --'._
�� �"
D. Previous A
pplicatio Reletiag-To This Property
ov1 a-
•
ov11- 0v12.
OM-
E, Reason For Request ')
This application is true and correct to the best of my knowledge. I am the owner of the
been authorize above described property or have
44,11(444t. ,
Date
Signature
\ g-- •
TOWN OF ORO VALLE
PLANNING DEPARTMENT DEC 6
11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 2004
PHONE: 229-4800 FAX: 742-1022
RECEIPT
******************************************************************************
REFERENCE NUMBER: DS0400628 RECEIPT #04P00712
SITE ADDRESS: TAXCODE: 224-02-170A
DATE: 12/16/2004 TIME: 01:56 PM
COMP TYPE: MISCELLANEOUS RECEIPT TYPE:
DESCRIPTION: CONDITIONAL USE PERMIT-OV8-04-10
APPLICANT: JERRY KESLER-FLETCHER TIRE OWNER:EVERGREEN-TANGERINE LP
Notation: Receipt By:DRM
*******************************************************************************************
DRM
PAID BY:
Type Method Description
Amount
Payment Check 4092 1, 000 .00
TOTAL: 1,000.00
FEES PAID:
Description Account Code Current Pmts
Conditional Use Permits 001-000-408 1,000.00
TOTAL: 1,000.00
Account#:
Ending Balance: $
mil
GERALD R . KESLER, INC .
10 ARCHITECT
December 15, 2004
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
ATTN: Bayer Vella
Re: Fletcher's Tire& Auto, 1g Ave. &Tangerine, Project Narrative
To Whom It May Concern:
We propose to construct a single story block and stucco building that is architecturally
consistent with the existing buildings on the site.
Service bays are oriented away from public streets. Additional bay screening is provided
by a series of raised planters located west of the building.
Automotive repairs and services include, but are not limited to tires, brakes, shocks, lube,
oil and filter service, transmission services and general repair, service and maintenance
not requiring the use of an open flame.
Please feel free to contact me with any questions or comments at (602)371-4902.
Sincerely,
//91:4 ---)
Gerald Kesler, Architect
IiiiiiiiiiiiiiiMOMINIIIIIM
2960 E.Northern Ave Phone: 602-371-4902
Suite A-103 Fax: 602-331-3633
Phoenix,AZ 85028 Email: keslerino@gwest.net
L)EC16 2004
yy
i
Ng GERALD R. KESLER, INC .
0 ARCHITECT
December 15, 2004
Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
ATTN: Bayer Vella
Re: Fletcher's Tire& Auto, 1st Ave. & Tangerine, Cover Letter for CUP Application
To Whom It May Concern:
The contents of this letter are to provide the necessary information to the Planning and
Zoning Commission for the Commission's consideration in order to grant the CUP.
1. The majority of the building height is planned to be 22 feet. A small portion of
the building height (approximately 5%) will be 25 feet in order to maintain
proportion and pleasing architectural elements.
2. Business hours are generally from 7 am to 7 pm, Monday through Saturday.
3. Automotive repair activities will not take place outside of the building.
4. Amplified music or speaker systems will not be employed or audible from
outside the property.
5. Outdoor seating areas will be provided for customers and employees located
near the entrance.
6. Public art has already been approved and installed by the overall project
developer.
7. Five-sided architecture will be provided for this project.
8. There will be ten service bays for this project.
9. Storage of waste materials will be provided indoors or in enclosed areas as
provided by the OVZCR
2960 E.Northern AveI
Phone: 602-371-4902
Suite A-103 Fax: 602-331-3633
Phoenix,AZ 85028 Email: keslerin c@gwest.net
10. Automotive repairs and services include, but are not limited to tires, brakes,
shocks, lube, oil and filter service, general repair, service and maintenance not
requiring the use of open flame.
11. The parking shown is base on old OVZCR requirements. Based on our
existing stores parking needs, a ratio of two cars per bay is adequate. We will
be asking the Design Review Board to grant us an alternative parking ratio to
reduce our required parking requirements during the Development Plan
review process as provided in Chapter 27 of the OVZCR.
12. Any outdoor storage and display areas will be enclosed on all four sides by a
screen wall. We do not anticipate the use of outdoor storage and display at the
present time for this project.
Regarding Sec. 3-201.A:
1. Damage or nuisance arising from noise, smoke odor, dust, vibration or
illumination. The proposed use does not damage or cause a nuisance
regarding these items. With regard to noise; noise attenuating tools are
utilized to minimize noise levels. Our research has shown that the noise
associated with this use is below that of adjacent street traffic noise. With
regard to smoke odor, dust and vibration; all of these items (if any) are
contained within the building. With regard to illumination; only down-
type lighting will be used to avoid any light projecting off the site or into
the sky.
2. Hazard to persons and property from possible explosion, contamination,
fire or flood. The proposed use does not present a hazard regarding these
items. With regard to explosion; this use does not involve work or
materials that would cause an explosion and all materials are stored and
used in accordance with manufacturer's recommendations. With regard to
contamination; waste products are stored in double-walled, aboveground
containers and are serviced by third party companies who specialize in its
removal and disposal; floor drains are provided in the service areas and the
wastewater is routed through a sand oil interceptor. With regard to fire; the
building will be designed with a fire sprinkler system to extinguish a fire
in case such an event takes place. With regard to flooding; the site will be
designed to conform to the Center's overall plan for drainage to eliminate
the hazard of flooding.
,
3. Hazard occasioned by unusual volume or character of traffic. This use
does not cause a hazard.regarding these items. Typical traffic volume for
this use is less than that of any normal retail use. The character of traffic is
the same as any normal retail use operating between 7 am and 7 pm
Monday through Saturday.
Please feel free to contact me with any questions or comments at(602)371-4902.
Sincerely;
Gerald Kesler, Architect
No. NCS-92320-PHX1
DEC r 2
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is
issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy
will insure you against certain risks to the land title, subject to the limitations shown in the
Policy
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the
land title or the transaction may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT.
/fib
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
TABLE OF CONTENTS
AGREEMENT TO ISSUE POLICY on the following page
COMMITMENT DATE.. Schedule A(Page 1)
POLICIES TO BE ISSUED,AMOUNTS AND PROPOSED INSURED Schedule A(Page 1)
INTEREST IN THE LAND Schedule A(Exhibit A)
DESCRIPTION OF THE LAND on the following page
EXCEPTIONS-PART ONE Schedule B(inside)
EXCEPTIONS-PART TWO Schedule B(inside)
REQUIREMENTS(Standard) on the third page
REQUIREMENTS(Continued) .Requirements(inside)
CONDITIONS on the third page
YOU SHOULD READ THE COMMITMENT VERY CAREFULLY
If you have any questions about the Commitment,contact:
First American Title Insurance Company National Commercial Services
4801 E. Washington Street,S-110,Phoenix,AZ 85034
Page 1
No. NCS-92320-PHX1
AGREEMENT TO ISSUE POLICY
We agree to issue a policy to you according to the terms of this Commitment. When we
show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after
the Commitment Date, our obligation under this Commitment will end. Also, our obligation
under this Commitment will end when the Policy is issued and then our obligation to you will
be under the Policy.
Our obligation under the Commitment is limited by the following:
The Provisions in Schedule A
The Requirements
The Exceptions in Schedule B - Parts 1 and 2
The Conditions
This Commitment is not valid without SCHEDULE A and Parts 1 and 2 of SCHEDULE B.
SCHEDULE B- EXCEPTIONS
Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction.
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of
such proceedings,whether or not shown by the records of such agency or by the public records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could
be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other
facts which a correct survey would disclose,and which are not shown by the public records.
5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing
the issuance thereof;(c)water rights,claims or title to water;whether or not the
aforementioned matters excepted are shown by the public records.
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
Part One of Schedule B will be eliminated from any A.L.T.A. Extended
Coverage Policy, A.L.T.A. Plain Language Policy and policies with EAGLE
Protection added. However, the same or similar exception may be made in
Schedule B of those policies in conformity with Schedule B, Part Two of this
Commitment,
Page 2
No. NCS-92320-PHX1
REQUIREMENTS
(Standard)
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or the mortgage to
be insured.
(b) Pay us the premiums,fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage
to be insured must be signed,delivered and recorded.
(d) You must tell us in writing the name of anyone not referred to in this commitment
who will get interest in the land or who will make a loan on the land. We may then
make additional requirements or exceptions.
(Continued on Requirements Page)
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters
affecting
the title according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or
attached between the Commitment Date and the date on which all of the
Requirements are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown
in Schedule B,we may amend Schedule B to show them. If we do amend Schedule B
to show these defects, liens or encumbrances, we shall be liable to you according to
Paragraph 4 below unless you knew of this information and did not tell us about it in
writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment,when
you have met its Requirements. If we have any liability to you for any loss you incur
because of an error in this Commitment,our liability will be limited to your actual loss
caused by your relying on this Commitment when you acted in good faith to:
comply with the Requirements
or
eliminate with our written consent any Exceptions shown in Schedule B
We shall not be liable for more than the Amount shown in Schedule A of this
Commitment and our liability is subject to the terms of the Policy form to be issued to
you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claims, whether or not based on negligence,which you may have against us
concerning the title to the land must be based on this Commitment and is subject to
its terms
Page 3
No. NCS-92320-PHX1
First American Title Insurance ,,5 �`f The First American
Company National ' •' Corporation
Commercial Services
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,we may ask you to provide us with certain information. We understand that you
may be concerned about what we will do with such information-particularly any personal or financial information. We agree that you have
a right to know how we will utilize the personal information you provide to us. Therefore,together with our parent company,The First
American Corporation,we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source,such as information obtained from public records or from another person or entity.
First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls
these guidelines its Fair Information Values,a copy of which can be found on our web site at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications,forms and in other communications to us,whether in writing,in
person,by telephone or any other means;
• Information about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purpocs and not for the benefit of any nonaffiliated party. Therefore,we
will not release your information to nonaffiliated parties except: (1)as necessary for us to provide the product or service you have
requested of us; or(2)as permitted by law. We may,however,store such information indefinitely,induding the period after which any
customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.
Such affiliated companies include financial services providers,such as title insurers,property and casualty insurers,and trust and investment
advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies,and escrow
companies. Furthermore,we may also provide all information we collect,as described above,to companies that perform marketing services
on our behalf,on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic
personal information about you to those individuals and entities who need to know that information to provide products and services to you.
We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and
in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical,electronic,and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
c2001 The First American Corporation-All Rights Reserved
Page 4
No. NCS-92320-PHX1
First American Title Insurance Company
National Commercial Services
SCHEDULE A
Fourth Amended
ESCROW/CLOSING INQUIRIES should be directed to your Escrow Officer: Carol Peterson at
(602) 685-7560
Effective Date: November 16, 2004 at 7:30 a.m.
1. Policy or(Policies)to be issued:
ALTA 1992 Extended Owner's Policy for $650,000.00
Proposed Insured:
Fletcher's Tire&Auto Service,Inc.,an Arizona corporation
2. The estate or interest in the land described or referred to in this commitment and covered herein
is fee simple as to Parcel No. 1 and easements as to Parcel Nos. 2 and 3 and title thereto is at
the effective date hereof vested in:
Evergreen-Tangerine Limited Partnership, an Arizona limited partnership
3. Title to the estate or interest in the land upon issuance of the policy shall be vested in:
Fletcher's Tire&Auto Service,Inc.,an Arizona corporation
4. The land referred to in this Commitment is located in Pima County, AZ and is described as:
SEE EXHIBIT"A" ATTACHED HEREIN
Title officer: LaVonne A. Stockert/mea/tjh @ (602) 685-7748.
Pages 1 through 4 of this document consist of the Title Insurance Commitment contract and our Privacy Policy.
Page 5
No. NCS-92320-PHX1
EXHIBIT"A"
PARCEL NO. 1:
A PORTION OF BLOCK 1 OF TANGERINE HILLS AS RECORDED IN BOOK 33 OF MAPS, PAGE 30 IN THE
OFFICE OF THE RECORDER OF PIMA COUNTY, ARIZONA, AND LOCATED IN THE NORTHEAST QUARTER
OF SECTION 1,TOWNSHIP 12 SOUTH, RANGE 13 EAST, OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 1 OF TANGERINE HILLS AS RECORDED IN
BOOK 33, PAGE 30, IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA;
THENCE SOUTH 89 DEGREES 57 MINUTES 55 SECONDS EAST, ALONG A LINE THAT IS PARALLEL TO
AND 75.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 1, FOR
A DISTANCE OF 242.28 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89 DEGREES 57 MINUTES 55 SECONDS EAST,ALONG THE LINE THAT IS
PARALLEL TO AND 75.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF
SEC I ION 1, FOR A DISTANCE OF 144.16 FEET;
THENCE SOUTH 00 DEGREES 02 MINUTES 05 SECONDS WEST, FOR A DISTANCE OF 287.95 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, FOR A DISTANCE OF 144.16 FEET;
THENCE NORTH 00 DEGREES 02 MINUTES 05 SECONDS EAST, FOR A DISTANCE OF 288.04 FEET TO
THE POINT OF BEGINNING.
PARCEL NO. 2:
A NON-EXCLUSIVE EASEMENT FOR DRAINAGE, PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AS
SET FORTH IN THAT CERTAIN "DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND
RES I RICTIONS" RECORDED IN DOCKET 11435, PAGE 5288 AND AS FIRST AMENDED IN DOCKET 11934,
PAGE 1817.
PARCEL NO. 3:
NON-EXCLUSIVE EASEMENTS FOR DRAINAGE, PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AS
SET FORTH IN THAT CERTAIN "COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT"
RECORDED IN DOCKET 11435, PAGE 5311,AS FIRST AMENDED IN DOCKET 11934, PAGE 1824 AND
SUPPLEMENT NO. 1 RECORDED IN DOCKET 11951, PAGE 289.
Page 6
No. NCS-92320-PHX1
First American Title Insurance Company
National Commercial Services
SCHEDULE B
Fourth Amended
PART TWO:
1. Second installment of 2004 taxes, a lien, payable on or before March 1, 2005, and delinquent
. May 1, 2005.
2. Reservations or Exceptions in Patents, or in Acts authorizing the issuance thereof.
3. Water rights, claims or title to water, whether or not shown by the public records.
4. Building lines, easements and restrictions, according to the plat of said Subdivision and
instrument recorded in Book 33 of Maps, page 30 .
5. Covenants, Conditions and Restrictions as set forth in document recorded in Docket 11435, Page
5288 and First Amendment recorded as Docket 11934, Page 1817 , but deleting any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status or national origin to the extent such covenants, conditions
or restrictions violate 42 USC 3604(c).
6. The terms and provisions contained in the document entitled "Common Operation and Reciprocal
Easement Agreement" recorded November 30, 2000 as Docket 11435, Page 5311, First
Amendment recorded as Docket 11934, Page 1824 and Supplement No. 1 recorded as Docket
11951, Page 289 of Official Records.
7. An easement for distributing electrical energy and communication facilities and incidental
purposes in the document recorded as Docket 8483, Page 1027 of Official Records.
8. An easement for distributing electrical energy and communication facilities and incidental
purposes in the document recorded as Docket 11792, Page 487 of Official Records.
9. An easement for underground communications facilities and incidental purposes in the document
recorded as Docket 11843, Page 1516 of Official Records.
Page 7
No. NCS-92320-PHX1
10. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by an ALTA/ACSM survey made by Stantec Consulting on June 29, 2004, designated
Job Number 181505045-105:
a) Any unrecorded easements for underground utilities which are not in evidence on the surface
of the land, but could be ascertained from the records of the utility companies serving the area.
b) Failure of said land to comply with the Town of Oro Valley ordinances regarding subdivisions
as more particularly set forth in the "Parcel Split Note" on said survey.
11. This item has been intentionally deleted.
12. An easement for transmission and distribution of electricity and incidental purposes in the
document recorded June 25, 2004 as Book 12331, Page 11 of Official Records.
13. An easement for drainage and incidental purposes in the document recorded August 2, 2004
as Book 12356, Page 1563 of Official Records.
End of Schedule B
Page 8
No. NCS-92320-PHX1
First American Title Insurance Company
National Commercial Services
Fourth Amended
REQUIREMENTS:
1. Compliance with A.R.S. 11-480 relative to all documents to be recorded in connection herewith.
See note at end of this section for details.
2. First half of 2004 taxes are paid in full.
NOTE: Taxes are assessed in the total amount of$19,527.18 for the year 2004 under Assessor's
Parcel No. 224-02-170A 9.
(Covers More Property)
3. Approval by all parties to this transaction of the description used herein.
4. Furnish Plat of Survey of the subject property by a Registered Land Surveyor in accordance with
the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys"as currently
established. Said Plat of Survey shall include the recommended certification and, at the
minimum, also have shown thereon Items 1, 6, 8, 10, 11(b), 14, 15 and 16 from Table A thereof.
NOTE: If a Zoning Endorsement is requested, Items 7(a), 7(b)and 7(c) of Table A will also be
required. If"parking" is to be added to the endorsement, the number and type of parking
spaces must be shown on the survey. Property use information must also be provided to First
American Title Insurance Company.
REQUIREMENT SATISFIED
5. Provide proper notification prior to the closing of this transaction to First American Title Insurance
Company for an inspection to be completed and to disclose any additional exceptions and/or
requirements.
6. Furnish copies of any existing leases affecting the within described property and insertion of said
leases in Schedule B of the Policy of Title Insurance.
7. Furnish copies of all Certificates required by Title 29, Chapter 3, Arizona Revised Statutes,on file
with the Secretary of State relating to Evergreen-Tangerine Limited Partnership, a limited
partnership. Said Certificates shall be certified by an authorized representative of the Secretary of
State as true and correct copies and shall be accompanied by a Certificate from the Secretary of
State's office stating that the Certificates presented constitute a complete set of Certificates filed
in said office relative to the limited partnership stated.
8. Furnish documentation satisfactory to First American Title Insurance Company that the
transaction contemplated herein does not violate any ordinances of the Town of Oro Valley or
Pima County regarding subdivisions.
Note: Upon satisfactory compliance with the above requirement, the exception shown as 10 b)
will be deleted in full from Schedule B.
Page 9
No. NCS-92320-PHX1
9. Record Warranty Deed from Evergreen-Tangerine Limited Partnership, an Arizona limited
partnership to Buyer(s).
10. Such further requirements as may be necessary after completion of the above.
NOTE: In connection with Arizona Revised Statutes 11-480, as of January 1, 1991, the County
Recorder may not accept documents for recording that do not comply with the following:
a. Print must be ten-point type or larger.
b. A margin of two inches at the top of the first page for recording and return address
information and margins of one-half inch along other borders of every page.
c. Each instrument shall be no larger than 8-1/2 inches in width and 14 inches in length.
11. Return to title department for final recheck before recording.
DISCLOSURE NOTE: In the event any Affidavit required pursuant to A.R.S. 033-422 has been,
or will be, recorded pertaining to the land, such Affidavit is not reflected in this Commitment nor
will it be shown in any policy to be issued in connection with this Commitment. The statute
applies only to unsubdivided land in an unincorporated area of a county.
End of Requirements
Page 10
r •
FEB 2 k 2005
7 \ mork
' lt ERALD R . KESLER , INC .
RCHJTECT
LETTER OF TRANSMITTAL
PROJECT: Fletchers Tire and Auto ARCHITECTS
1st 4 Tangerine PROJECT NO: 034-7
- Oro Valley, Arizona DATE: 2/23/05
TO: Town of Oro Valley Planning Department
ATTENTION: Bob Conant
ADDRESS: 11000 North La Canada Drive
CITY & STATE: Oro Valley, AZ 55131
WE TRANSMIT:
( X ) herewith ( ) tracings ( ) specifications
( ) under separate cover ( ) other
THE FOLLOWING:
( X ) drawings ( ) shop DWG's ( ) samples
( ) specifications ( ) Change order ( ) other
COPIES DATE DESCRIPTION
1 2/23/05 Wall rendering @ Fletcher's Tire and Auto
1 2/23/05 Wall rendering @ Fletcher's Tire and Auto
REMARKS: Rendering of screen wall between Fletcher's building
and the Wells Fargo Bank Bldg.
IF ENCLOSURES LISTED ABOVE ARE NO AS NOTED,NOTIFY AT ONCE
CC: Jobfile, Frank Bangs BY: Tim Thompson
40 W'est Baseitpe Rced Phone 480491-69CX7
Suite 106 '
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- Fax 480-491-6906
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March 2, 200.5
'Town of Oro Valley
11000 N. La Canada Drive
Oro Valley, AZ 85737
ATTN: Robert M. Conant, Jr.
Re: OV8-04-10, CUP,Parcel Number 224-02-170,Fletcher's Tire& Auto, 1st Ave. &
Tangerine, Traffic Flow
Dear Robert:
Following is a synopsis of how traffic will move thru the referenced site.
Clients will park in the area just north of our building as designated on the site plan
submitted. They check in for service, give their car keys to Fletcher's staff who then take
the car to the appropriate service bay. Upon completion of maintenance, staff will pull
the car from the service bays returning it to the parking area_ Once the client settles their
bill they leave the premises. Based on historic numbers we anticipate there will be
approximately 30 clients per day spread out over hours of operation. About 85% of our
clients wait for services to be completed. Store hours are 7:00 AM to 7:00 PM Monday
thru Saturday.
As we explained in our CUP letter, we have taken great care to separate traffic movement
in and out of the service bays from the PAAL. Cars leaving the service bay area
maneuver in a separate driveway off the PAAL, they then enter the PAAL between
Fletcher's Tire & the Bank, at one location. There will be a stop sign at the entrance to
the PAAL, further insuring that traffic movement into the PAAL is safe, controlled and
orderly.
Please feel free to contact me with any questions or comments you may have, at(602)371-4902.
Sincerely;
Gerald Kesler, Architect
c.c. Roxanne Fields
Jerry Fletcher
Phone 480-4916900
s V.a4
Fax: 480-491-6906
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LLEY qA/ TOWN OF ORO VALLEY
'"' o� ' �O COM ITY DEVELOPMENT MENT DEPARTOIT
0 ~ 9
Planning and Zoning•Building Safety
11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022
Oro Valley Public Library
1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319
fr Parks and Recreation
680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202
''UNDEO
March 10, 2005
•
Chad Nicholas
Fina Companies LLC.
1800 N. Stone Ave Suite 1105
Tucson, AZ 85705
Fax: 795-2480
RE: OV8-04-11, Conditional Use Permit for a Firestone Tire Store, located within lots 14 &
15 of Mercado Del Rio, Parcel 224-28-8143A
Dear Chad:
At their regular meeting of March 1, 2005, the Planning & Zoning Commission voted
unanimously (4 - 1) to recommend conditional approval of the use permit for the proposed
Firestone Tire Store. The motion and conditions are attached.
The conditions must be addressed on the Development Plan and Landscape Plan prior to
certifying the conditional use permit as complete. Detailed comments regarding this will be
provided during the Development Plan process.
The resubmittal must include twenty (20) 11" x 17" copies of the conceptual site plan and
preliminary landscape plan and must be submitted by March 17 at noon in order to proceed to
the May 4 Town Council meeting.
Please contact me at 229-4817 if you have any questions.
Si erely,
David Ronquillo
Planner
cc: Shirley Gay
Kit &Paula Donley, Fax 797-2541
www.townoforovalley.com
4
r
41111
MOTION: Commissioner McKee MOVED to recommend approval of OV8-04-11,
conditional use permit for a Firestone tire store on lots 14 and 15 of the Mercado Del Rio
Commercial Center, subject to the conditions described in Exhibit A and subject to the
hours of operation changed as discussed to prevent operation on Sundays. Vice Chair
Anning seconded the motion. Motion carried 4 yes, 1 no. Commissioner Manross voting
no.
EXHIBIT A
OV8-04-11
FIRESTONE TIRE STORE
1. No outside speakers may be used, and if interior speakers are used, they shall not be audible
from adjacent residential properties. This requirement shall be added as a General Note to the
Lot 14 & 15 Development Plan.
2. Adequate screening (wall and vegetation) must be established along a portion of the east and
south property lines to mitigate potential noise impacts to the adjacent apartments and to
minimize views of the car bays from Pusch View Lane. The extent, placement and design of
the screen walls and vegetation will be determined by the DRB upon review of the
Development Plan and Landscape Plan.
4;t
TOWN OF ORO VALLEY
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION MEETING DATE: May 3, 2005
TO: PLANNING AND ZONING COMMISSION
FROM: Robert Conant, Senior Planner
SUBJECT: PUBLIC HEARING— OV8-04-10, GERALD KESLER ARCHITECTS, REPRESENTING
FLETCHERS TIRE AND AUTO, REQUESTS APPROVAL OF A CONDITIONAL USE
PERMIT TO DEVELOP LOT 3 OF THE ORO VALLEY RETAIL CENTER AS AN
AUTOMOTIVE AND REPAIR FACILITY, LOCATED ON THE SOUTHWEST
CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL 224-02-170A
PORTION
NATURE OF THE CUP REQUEST:
Section 8-303(B)(1) of the Oro Valley Zoning Code Revised (OVZCR) allows an automobile facility in C-2
districts only if a Conditional Use Permit (CUP) is reviewed and recommended by the Planning and Zoning
Commission and approved by the Town Council.
The proposed automotive use is subject to the following requirements:
1. The Master Plan for the site was approved by Town Council on November 15, 2000 (0V12-00-09).
2. A proposed revision to the Mater Development Plan, that includes changes to building pads and parking
configuration for Lot 3 of Oro Valley Retail Center. The Development Plan/Preliminary Plat for the Oro
Valley Retail Center was continued by the DRB on April 12, 2005 due to circulation issues.
3. Landscaping per the Landscape Plan for the Oro Valley Retail Center. The Landscape Plan was also
continued by the DRB on April 12, 2005.
4. Conditions placed on the project by the Planning and Zoning Commission and/or the Town Council as
they deem necessary to meet the criteria and findings of Section 3-201
The Commission's charge is to review the project and insure that the automotive use is compatible with the
shopping center uses and the surrounding area. The Compliance Analysis section of this report describes how
the project addresses pertinent Town Code standards and conditions intended to assure land use compatibility.
BACKGROUND:
Currently the site contains the following structures and circulation elements:
• Walgreen's located in the northeast corner of the site.
• Bank One located in the northwest corner.
• The public art plaza
• All cub cuts on Tangerine Road and First Avenue have been established and constructed.
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 2
• The north east/west PAAL, the center north/south PAAL is constructed to the arts plaza. The center
east/west PAAL is constructed to the arts plaza and the eastern north/south PAAL is constructed. This
circulation network was constructed to serve the two building existing on the site.
The project site lies within the 11.18-acre Oro Valley Retail Center. The applicant is seeking approval of an
amendment to the original Master Plan for the site. In the original Master Plan, the site under consideration for
the Conditional Use Permit was intended to be a fast food restaurant. The DRB considered the Development
Plan/Preliminary Plat on April 12, 2005 and continued the matter due to traffic circulation concerns regarding
the proposed use on Lot 3 and the other uses within the project. More specifically the DRB was concerned with
cross traffic from the western entrance off Tangerine moving through the site with an intense commercial use
located on Lot 3 and the conflicts that it may create. The same issue was raised concerning north/south traffic
through the site. The Development Plan/Preliminary Plat for the Oro Valley Retail Center will be the subject of
a hearing before the Development Review Board on May 10, 2005.
SUMMARY OF THE PROPOSED PROJECT:
The proposed project includes the following elements:
• A 6,500 square foot building with 10 service bays, showroom, office and storage area.
• An off-street parking lot providing 20 parking spaces.
• A pedestrian connection linking the Walgreen's and the bank have been provided and the rest of the
center. The connection to Walgreen's and the bank have been constructed.
• Hours of operation: Monday-Saturday 7:00 a.m. to 7:00 p.m.
SURROUNDING LAND USES:
The following table indicates the surrounding land uses to this project:
Orientation Zoning Land Use
North PAD Vacant and
Safeway
South C-2 Vacant
East C-2 Walgreen's
West C-2 Wells Fargo Bank
COMPLIANCE ANALYSIS:
• The project meets the standards of the C-2 zoning district.
• The project meets most of the OVZCR standards as expressed in the Oro Valley Retail Center
Development Plan. The exception includes the positioning of the proposed building relative to traffic
safety.
• The current location of the building is within the site visibility triangle for the north/south, east/west
PAAL through the arts plaza. The intersection should be free of any obstruction whether building or
landscaping (landscaping can be low and trees trimmed up to 72 inches) that would prevent good
visibility of a stopped vehicle proceeding south on the PAAL.
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 3
Section 3-201, Use Permits:
Conditional Use Permits may be granted based on consideration of the following criteria:
A. That the granting of such conditional use permit will not be materially detrimental to the public health,
safety, or welfare. In arriving at this determination, the factors which shall be considered shall include
the following.
1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination:
The Fletchers Tire Store is located on lot 3 of the Oro Valley Retail Center on the southwest corner
of Tangerine Road and First Avenue. In order to address the potential for noise nuisance associated
with the car bays facing the west side of the property, the applicant has provided a noise study
(attached).
The noise nuisance associated with the vehicle service bays will impact the bank building to the
west. To help mitigate the sound, a screen wall and landscaping has been proposed next to the
PAAL between Fletchers and the bank. The proposed four (4') foot wall with openings and
landscape between the Bank and Fletchers will do very little to diminish noise from air wrenches.
Staff recommends requiring a continuous six (6') foot wall to help lower the sound impacts (6-10 db
reduction). This assessment is based on noise studies provided with two other CUP's for tire/brake
shops.
The bank will be impacted by the noise much more than any other use on the site because its front
entrance is facing the Fletchers Tire Store. The residential to the west will not be impacted because
the bank building will help deflect what noise the screen wall does not. The ambient noise that is
generated by traffic (approximately 60dba) along Tangerine Road will not exceed that of the air guns
used. The air guns produce 90db at the source. The nature of Tangerine Road at the present does not
carry large volumes of traffic continuously during the day; therefore, the ambient noise will not
always be present. As a result, the bank will be heavily impacted— even with a wall as a barrier. It
is important to note that the front of the bank is in line with the path of noise generated.
2. Hazard to persons and property from possible explosion, contamination,fire or flood.
The project would meet all Code safety requirements for commercial occupancies and the proposed
use. Potentially hazardous materials associated with the tire store would be contained and disposed
of as required by the Fire Marshal as part of the Building Permit.
3. Hazard occasioned by unusual volume or character of traffic.
Conflicts may arise with the movement of vehicles to and from the service area- both with the drive
through tellers of the bank and at the intersection of the two PAALs. The conflicts of most concern
is with the turning movements coming out of the bank's drive through tellers and the service bays of
the tire store all in close proximity of the intersection to the south. Staff explored the following
options to resolve this issue:
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 4
• Move the entrance to the tire store service bays north toward the north end of the PAAL.
• Align the entrance to the tire store service bays with the exit for the drive through tellers,
• Place the entrance to the service bays from the center east/west PAAL.
• Place the entrance to the service bays off the northern east/west PAAL.
Turning the building so that the service bays are facing east, does not mitigate the circulation issues
for the following reasons:
• The east PAAL is the main north/south drive through the site.
• The Walgreen's drive-thru traffic exits into the PAAL.
• Service bays will not be screened from view because of the circulation pattern in the area.
Access is a concern regardless of use because of the alignment with the Wells Fargo banks drive
through tellers. Thankfully, the proposed use is a low traffic generator as depicted below.
The following table indicates the Trip Generation Comparisons for various uses for Lot 3 using a
6,000 square foot building:
Use AM Peak PM Peak Saturday Peak Average Daily
Traffic Traffic Traffic Traffic
General
Office 20 86 31 153
Medical
Office 15 23 54 217
Tire
Store 17 25 30 149
The information contained in the above table is from the Institute of Traffic Engineers.
The optimal but not the ideal solution for the issues discussed above is to place the entrance to the
service bays from the center east/west PAAL.
B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of
uses permitted in the surrounding area as required in Section 3-201(B).
The proposed use would not be compatible with this commercial subdivision, which does not include
any other automotive use. The uses that currently exist on the site are a Walgreen's and Wells Fargo
Bank and the proposed uses are an Ace Hardware and other commercial and restaurant uses. Mitigation
is possible which will reduce the impact of this use.
There is a number of design solutions that may reduce the compatibility issues associated with the use as
follows:
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 5
• Extend the building on the north side to wrap in a manner to obscure view from Tangerine Road.
This will have the affect of reducing the visibility of the service bays and noise associated with
the service area.
• Eliminate the two southern service bays, primarily because they are located in the site visibility
triangle for the north side of the north/south PAAL and the west view from the east side of the
center east/west PAAL.
• Construct a six (6') foot wall from the end of the building running south and returning east at the
center PAAL. A five (5') foot landscape area on the outside of the wall with overlapping tree
canopy at maturity.
• Place the entrance to the service area along the center PAAL at the end of the Fletchers building.
This placement will reduce conflicts of traffic turning movements in the PAAL between the bank
and Fletchers.
These may reduce the issue of compatibility; however, an automotive use, given the mix of uses and
impacts to the bank, the facility is not compatible.
An automotive repair facility exists at the Bashas Center at Rancho Vistoso Boulevard and Oracle, but it
is tucked away behind buildings and is not visible from the street. The Brake Max approved for Oracle
Crossing at Magee and Oracle has the bays facing toward Oracle Road. Both uses described do not fit
within the mix of other uses within the center, but mitigation with screening and landscaping has
lessened the impact of the use incompatibility with the centers. In this case, the use is centered between
two low intensity and quite uses with little room for separation.
The Big 0 tire store located near the Home Depot has only four bays, which was dictated by the
constraints of the site and the bays face away from the PAAL internal to its own site. The proposed use
does not turn internal to its own site. The service bays are internal to the site as a whole but faces an
active PAAL because the location of the drive through tellers for bank are internal to it's own site and is
screened from the center east/west PAAL.
The proposed use has proposed more building than the Lot 3 should contain given the location and the
various traffic turning movements in the adjacent PAALs. It is understood that the original master plan
for the site called for some kind of fast food restaurant with a drive through on the site; however, even
through that use would generate more traffic than the tire store the foot print of the building would be
smaller and there would not necessarily be the generation of the kind of noise associated with the
proposed use.
GENERAL PLAN COMPLIANCE:
The General Plan designates this property as Commercial, which allows for the proposed automotive use in a
commercial center.
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 6
PUBLIC NOTIFICATIN AND COMMENT:
All property owners within 600 feet of the site have been notified of the public hearing in accordance with State
Statute and Oro Valley Zoning Code Revised. At the time of this report no comments have been received. The
bank has indicated by letter(attached)that they have no objections to this use.
RECOMMENDATION:
Based on the issue of compatibility outlined in this report, it is recommended that the Planning and Zoning
Commission recommend denial of the Use Permit.
SUGGESTED MOTIONS:
The Planning and Zoning Commission may wish to consider one of the following suggested motions:
I move to recommend that the Town Council deny OV8-04-10, conditional use permit for Fletchers Tire Store,
located on lot 3 or the Oro Valley Retail Center on the southwest corner of Tangerine Road and First Avenue,
finding that the use is incompatible with the existing and proposed uses for the site.
OR
I move to recommend that the Town Council approve OV8-04-10, conditional use permit for Fletchers Tire
Store located on lot 3 Oro Valley Retail Center on the southwest corner of Tangerine Road and First Avenue,
subject to the following conditions:
Attachments:
1. Letter from Wells Fargo Bank
2. Exhibit A
Pla n Zoning Administrator
cc: Frank Bangs
Lewis &Roca
Fax 879-4701
C) ) r
%
Wells Fargo Bank,National Association
Corporate Properties Group-Negotiations
WELLS l00 W.Washington,Suite 1430
FARGO MAC#S4101-140
Phoenix,AZ 85003
Leo J.Bauman,Vice President
602-378-6431(office)
602-378-4532(facsimile)
February 21,2005 FEB 2 8 2005
Via Facsimile(520) 742-1022 and US Mail
Mr.Robert M.Conant,Jr.
Senior Planner
Town of Oro Valley
Planning and Zoning
11000 N.La Canada Dr.
Oro Valley,AZ 85737
Re: SWC First Avenue and Tangerine Road
Fletcher's Tire&Auto
Dear Mr.Conant:
Evergreen Devco,Inc.and Fletcher's Tire&Auto,Inc.have made Wells Fargo aware of a proposed Fletcher's Tire
&Auto to be constructed east of our bank branch located at 1st Avenue&Tangerine Road. They wanted to make
sure that the development of the Fletcher's was visually satisfactory to Wells Fargo.
I have seen the site plan for the Fletcher's Tire&Auto,as well as the rendering of the planter barrier between their
building and our bank branch. Not only is Wells Fargo satisfied with the location of the planter barrier,we think
that it looks attractive and are appreciative of the care that Fletcher's has taken with the design.
We appreciate Evergreen and Fletcher's asking for our opinion.
Sincerely,
Leo Bauman,Vice President
Wells Fargo Corporate Properties Group
cc: Roxanne Fields,Evergreen Devco,Inc.(via facsimile(602)808-8600)
Gerald Fletcher,Fletcher's Tire&Auto,Inc.(via facsimile(602)246-2357)
Dave McMullin,Wells Fargo Project Manager
EXHIBIT A
CONDITIONS OF APPROVAL
OV8-04-10
1. The following design solutions shall be made part of the Development Plan subject to DRB
review:
• Extend the building on the north side to wrap in a manner to obscure view from
Tangerine Road.
• Construct a six (6') foot wall from the end of the building running south and returning at
the center PAAL. A five (5') foot landscape area on the outside of the wall with
overlapping tree canopy at maturity.
• Place the entrance to the service area along the center PAAL at the end of the Fletchers
building and close the proposed access point.
• The building to slide north to remove the southern end out of the site visibility triangle.
2. Service Bay doors shall be closed except for the moving of vehicles in and out.
3. No auto service activity(storage, repair or sales) shall take place outside of the building. This
requirement shall be added as a General Note to the Development Plan for Lot 3.
4. No outside speakers may be used, and if interior speakers are used, they shall not be audible
from adjacent residential properties. This requirement shall be added as a General Note to the
Development Plan for Lot 3.
I
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION COMMUNICATION MEETING DATE: May 3, 2005
TO: PLANNING AND ZONING COMMISSION
FROM: Bryant Nodine, AICP,Planning and Zoning Administrator
SUBJECT: PUBLIC NOTICING PROCEDURES
BACKGROUND:
The 2004-2005 Work Plan calls for a review of the notification procedures for all public hearings and meetings
related to development review. The purpose of this is to improve notification and include State Growing
Smarter requirements.
The attached Operating Procedures were first developed in 1998. I revised them in late 2003, in anticipation of
ratification of the General Plan, to respond to the State Growing Smarter requirements. Recent revisions, shown
in stfikethrough and double-underline, handle internal procedures to ensure all notifications are completed on
time and to provide additional notification, by mail, for grading exceptions, preliminary plats, and development
plans.
The attached procedures meet or exceed all Zoning Code requirements and State noticing laws.
RECOMMENDATIONS:
Staff recommends that the Commission discuss and recommend any necessary changes to the attached noticing
procedures. These will then be forwarded to the Council for their review. I anticipate that the Council will, by
resolution, adopt some form of these as Town policy. The current Zoning Code meets and exceeds all State
noticing requirements so Staff does not recommend any changes to the Code.
SUGGESTED MOTIONS:
I move to direct staff to forward the attached Planning and Zoning Division Standard Operating Procedures:
Public Noticing Procedures dated December 15, 2003 (revised) to the Town Council with the following
changes:
If changes to the Code are considered necessary:
I move to direct staff to initiate changes to the Oro Valley Zoning Code Revised regarding public noticing
procedures to:
ATTACHMENTS:
1. Zoning Code Excerpts Related to Public Noticing
2. Planning and Zoning Division Standard Operating Procedures: Public Noticing Procedures dated
December 15, 2003 (revised)
it,T)C -
Pla and Zoning Administrator
F:\Admin PZ\P&Z Comnussion\Public Noticing Procedures to PZC 050305.doc
ZONING CODE EXCERPTS RELATED TO PUBLIC NOTICING
(References below are being modified by the Comprehensive Code Amendment Project to
change "Town Clerk"to "Planning and Zoning Administrator", to indicate that the
applicant does not need to provide the mailing list—the Development Coordinator
generates it from the Assessor's data in the GIS, and to remove the requirement that the
applicant maintain posted notices—these are maintained by Zoning field staff)
Sec. 1-708 Hearing and Notice (Variances)
Upon receipt in proper form of any such application, the Board of Adjustment shall
proceed to hold a public hearing upon said application not more than 30 days, nor less
than 15 days, after such filing, at which time all persons shall be given an opportunity to
be heard. Such Board of Adjustment shall cause one notice of such hearing to be
published in a newspaper of general circulation in the Town of Oro Valley and one notice
to be posted on the subject property, giving at least 15 days notice of said hearing, and the
time and place where said hearing will be held. Said notice,both as published and posted,
shall also show the nature of the variance or exception requested and state that anyone
wanting to protest may appear in person or by writing. All property owners within 300
feet must be notified.
Sec. 1-1107 Hearing and Notice (Appeals from Dedications and Exactions; not
included in the SOP—only one in the last 10 years)
Upon receipt in proper form of any such application, the Appeal Hearing Officer shall
proceed to hold a public hearing upon said application not more than 30 days from the
receipt of the appeal. The property owner must be given notice of the hearing 10 days
prior to the hearing.
The Appeal Hearing Officer shall cause one notice of such hearing to be published in a
newspaper of general circulation in the Town of Oro Valley and one notice to be posted
on the subject property, giving at least 10 days notice of said hearing, and the time and
place where said hearing will be held. Said notice, both as published and posted, shall
also show the nature of the appeal and state that anyone wanting to protest may appear in
person or by writing.
Sec. 3-005 Submittal and Review Procedures (General Plan Amendment; will need
to be modified after the General Plan Update is ratified)
D. Public Notification
If the Planning and Zoning Commission elects to set public hearing on a proposed
General Plan amendment, public notification, to include date, time and subject of the
hearing, shall be given, not less than 15 days prior to the scheduled hearing date.
Interested property owners (see no. 1 below) and other members of the public, as deemed
appropriate, shall be notified by mail, the notice shall be published in a newspaper of
general circulation in the Town of Oro Valley and said notice shall be posted
conspicuously at the Oro Valley Town Hall. If the subject of the General Plan amendment
is a particular parcel of land, said property shall also be posted with the notice, not less
than 15 days prior to the scheduled hearing.
1. For Land Use Plan Amendments. "Interested Property Owners", at a
minimum, shall include all property owners in, and all those within
600 feet of, a parcel for which a land use plan change is requested. It
shall be the responsibility of the applicant to provide the list of
property owners, with current mailing addresses, taken from the Pima
County tax assessor's roles. Such list shall be made not less than 60
days prior to the first public hearing date on the proposed amendment.
2. General Plan Text Changes Only. Where text changes only are
proposed, it shall be within the purview of the Planning and Zoning
Director to determine the appropriate, interested persons to be included
on the mailing list for notification of public hearing. The applicant for
amendment shall provide the mailing list of interested parties, as
directed by the Planning and Zoning Director.
3. Town-Initiated Changes. If the Town initiates a change to the General
Plan map or text, Town Staff shall secure the list of interested parties,
i.e. owners of affected properties, for notification purposes.
Failure to receive notice of hearings shall not invalidate any General Plan amendment as
may be approved.
E. Agency Notification
A summary of the proposed General Plan Amendment, to include date and time of
hearing and any supporting information deemed appropriate, shall be sent to any
interested reviewing agencies and/or to those agencies which require notification,
in accordance with State Statutes.
Sec. 3-008 Hearing by Town Council (General Plan Amendment; will need to be
modified after the General Plan Update is ratified)
Upon notification of the Commission's recommendations and findings on the proposed
General Plan amendment, The Town Clerk shall schedule a public hearing before the
Town Council. Notification of the Council's public hearing shall be published in a
newspaper of general circulation in the Town of Oro Valley and shall be posted
conspicuously at the Oro Valley Town Hall, not less than 15 days prior to the hearing
date.
If the subject of the General Plan amendment is a particular parcel of land, said property
shall also be posted with the notice,not less than 15 days prior to the scheduled hearing.
Sec. 3-107 Notice of Planning Commission Hearing (Rezoning)
A. With the filing of a complete application, the Town Clerk shall set a date for
public hearing before the Planning Commission, which date shall not be more
than 50 days from the date of said filing. The date, time and place of such public
hearing and the nature of the amendment requested shall be published in a
newspaper of general circulation in the Town of Oro Valley and the notice of said
hearing shall be posted on the subject property. Both the publication and posting
shall give 15 days notice of such Planning Commission meeting. It shall be the
responsibility of the applicant to maintain the posting.
B. When the Planning Commission or the Town Council initiates an amendment that
proposes a change in any zoning district on the zoning map, the notice required to
be published and posted shall also be mailed by certified mail to the last known
address of all owners of property which is proposed to be rezoned by said
amendment, said owners to be determined by a current list of ownership. The list
of owners will be obtained not more than 45 days prior to the date of hearing
before the Planning Commission with said notices to be mailed not less than 30
days prior to the date of the first public hearing.
C. Not less than 15 days before the first public hearing, copies of the notice as
published and posted shall be sent by regular mail to the owners of property
within the Town of Oro Valley which is within 600 feet of the property or
premises on which the proposed change would take effect if approved. Failure of
such property owners to receive such notice shall not invalidate any amendment as
may be approved.
1. The applicant shall submit to the Town Clerk a list obtained from the
office of the tax assessor of Pima County giving the names and addresses
of all owners of property within the Town of Oro Valley, any part of which
is within 600 feet of the property or premises on which the proposed
change would take effect if approved. Such list shall be made not less than
60 days prior to the date of hearing before the Town Council.
2. The Town Clerk shall have the responsibility to secure the list of owners
of property within 600 feet when the proposed change has been initiated
by the Planning Commission or Town Council.
Sec. 3-110 Hearing by Town Council (Rezoning)
The Town Clerk shall schedule a public hearing before the Town Council at which
citizens shall have an opportunity to be heard. The date, time and place of such public
hearing and the nature of the amendment requested shall be published in a newspaper of
general circulation in the Town of Oro Valley and notice of said hearing shall be posted
on the subject property. Both such publication and notice of such Town Council meeting
shall give 15 days notice of such Town Council meeting. It shall be the responsibility of
the applicant to maintain the posting.
Sec. 3-202 Notice of Public Hearing (Conditional Use Permit)
A. With the filing of an application, the Town Clerk shall set a date of public hearing
before the Planning Commission which date shall not be more than 50 days from
the date of application. The date, time and place of such public hearing and the
nature of the use permit requested shall be published in a newspaper of general
circulation in the Town of Oro Valley and one notice of the said hearing shall be
posted conspicuously on the property. Both such publication and posting shall
give 15 days notice of such Planning Commission meeting. It shall be the
responsibility of the applicant to maintain the posting.
B. The notice, as published and posted, shall be sent by regular mail to owners of
adjacent property not less than 15 days prior to the date of the first public hearing.
The applicant shall submit to the Town Clerk an accurate verified list made within
60 days prior to the date of hearing before the Planning Commission giving the
names and addresses of the recorded owners of all properties, any part of which is
within 600 feet of the proposed use permit, or more as the Zoning Administrator
may determine necessary to provide reasonable notice. Failure of property owners
to receive such notice shall not invalidate a use permit that may be subsequently
approved.
Sec. 13-302 Liquor Uses
The Town Council shall hold a public hearing and, for any use for which a liquor license
is requested, notice of the hearing on such request shall be mailed to owners of property
within 600 feet of the proposed use not less than 15 days before the hearing. The
applicant for a license shall submit to the Town Clerk a verified list of the names and
addresses of the record owners of such property.
Sec. 13-409 Review and Appeal Procedure (Home Occupations)
A. Type II home occupation permits, which may be revocable, conditional, or valid
for a term period, may be granted or denied by the Planning and Zoning
Commission after a public hearing and a finding that the use meets the home
occupation standards herein. The public hearing will be scheduled and noticed as
follows:
1. The date of the public hearing before the Planning and Zoning
Commission shall be set no more than 50 days from the date of
application. The date, time and place of such public hearing and the nature
of the use permit requested shall be published in a newspaper of general
circulation in the Town of Oro Valley and one notice of the said hearing
shall be posted conspicuously on the property. Both such publication and
posting shall give 15 days notice of such Planning Commission meeting. It
shall be the responsibility of the applicant to maintain the posting.
2. The notice, as published and posted, upon application, at the applicants
request shall be sent by regular mail to property owners of property within
three hundred (300) feet, not less than 15 days prior to the date of the first
public hearing. The applicant shall submit to the Town Clerk an accurate
verified list made within 60 days prior to the date of hearing before the
Planning and Zoning Commission giving the names and addresses of the
recorded owners of all properties, any part of which is within three
hundred (300) feet of the proposed use permit, or more as the Zoning
Administrator may determine necessary to provide reasonable notice.
Failure of property owners to receive such notice shall not invalidate a use
permit that may be subsequently approved.
3. Decisions of the Planning and Zoning Director may be appealed to the
Board of Adjustment within thirty (30) days from date of decision.
Decisions of the Planning and Zoning Commission may be appealed to the
Town Council within thirty(30) days from date of decision.
Sec. 15-501 Exceptions (Grading)
E. Review and notice: The Development Review Board will hold a duly noticed
public hearing on the exception request and notice of the hearing will be mailed to
all property owners within 300 feet of the grading site prior to such hearing.
Sec. 15-502 Requests for Interpretation (Grading; notice depends on the
circumstances of the case)
D. Review and notice: The Development Review Board will hold a public hearing on
the interpretation issue and notice of the hearing will be mailed to the applicant
and any other interested, affected party(ies), subject to the Community
Development Director approval.
Sec. 9-117b Communication Facilities
12. Application Requirements
f. The applicant shall provide names and addresses in label format for Public
Notification. Include all property owners within 300 feet for Tier I minor
communication facility applications only and within 600 feet for all other
communication facility applications.
Sec. 17-501 Temporary Lighting Exemption (Lighting; not included in SOP due to no
request to date)
A. Request, Renewal, and Information Required
Any person may submit a written request, not less than 30 days prior to the day of
use, for a temporary lighting exemption request...
B. Public Notification
All property owners and homeowners associations within 300 feet shall be
notified of the temporary exemption request and given 15 days to respond,prior to
the Planning and Zoning Administrator's determination.
PLANNING AND ZONING DIVISION
STANDARD OPERATING PROCEDURES
PUBLIC NOTICING PROCEDURES
SOP # 9B Copies to: Effective: Deecmbcr 15, 2003
9C All Planning and Zoning Staff Supercedes: SOP #9--8z 9A,..._9B.
DPW Development Review
Policy: To ensure that public notice is given,in accordance with State Statutes,the OVZCR
and Council policies,for those hearings which require such noticing.
This document provides the procedures to ensure that lawful public notice is
given for hearings before the Development Review Board,the Planning And
Zoning Commission,the Town Council, and the Board of Adjustment.
Note: Procedures for agendas are in SOP #18.
Responsibilities
Development Coordinator
The Development Coordinator (DC) upon receiving a submittal shall be the person primarily
responsible for posting, mailing and publishing the required notices in accordance with these
procedures. The DC will:
1. Revise and update the submittal calendars to reflect the date for noticing in
accordance with meeting dates.
2. Update the current master project list, with the current type of meeting and
noticing due dates. This master list will be distributed to Planning as well as
placed on the open and current file cabinet in Zoning Enforcement. (Accela will
replace the master project list as Accela is adopted to track development review.)
3. As a courtesy, the DC will email the project managers two days prior to the
noticing due date; that the legal notification and location map is-are due with the
comment letter.
4. Check the notices received against the list of required notices provided by the
Principal Planner.
4:5.Publish notices in accordance with these procedures.
56.Post public hearing notices on the four public noticing boards at Town Hall
campus and forward copies to the Secretary III for publishing on the website.
67,Prepare the public notices for field posting and forward notices and any specific
posting information to Zoning Enforcement for posting in the field.
8.Create mailing lists and mail notices to the property owners,HOAs and interested
parties. (For large mailings all staff should assist in getting the mailings out.)
$:9.Maintain records of compliance with this SOP in the case files.
F: Admin PZ\Procedures SOP#09C noticin docF:` 4€mir PZ„Proco�,,,-ee oc
Project Managers
Project Managers include Planners, for most development review and for grading exceptions;
and Zoning Inspectors, for variances. The Project Manager assigned to any case,which requires
public hearing notification, shall:
1. Prepare the legal notice.
2. E-mail the notice path to the Senior Planner. Include any posting instructions (locations,
etc.)
3. Let the DC know about any special notice requirements such as persons outside the
typical notice areas who have requested to be notified.
4. Provide the contact names and fax numbers for the applicants and/or representatives at
the end of all reports.
Senior Principal Planner
When the notice path is received from the Project Managers:
1. Meet with the Development Coordinators when notices are due to review the list of
prdects_
--2.Review the notice
3.Apply your signature
34. E-mail the path to the DC and Secretary III letting them know the notice is ready to be
posted. Include any instructions such as if the newspaper ad is 1/8 page or suggested
locations for the field postings. Copy the Project Manager.
At the regular weekly planning team meeting review the master list to ensure that project
managers are aware of the notices required for that week.
Zoning Inspector/Development Tech
The Enforcement Team posts notices on the subject properties. The Zoning Inspector maintains
the HOA list with the help of the GIS Analyst and Secretary III.
Secretary III
Receive Affidavits of Publications from the Territorial. The Deputy Clerk should have already
pulled the original for filing. If not, send it. Send a copy to the DC.
Add notices to the Town's web site the same day that they are posted. Include a location map.
GIS Analyst
The GIS Analyst maintains an up-to-date data base of property owners in, and within one-quarter
mile,of the Town's planning area.
Supervisors
Supervisors will train their staff in these procedures and monitor staff to correct any problems
immediately.
F:\Admin PZ\Procedures\SOP#09C noticing.docF:\Admin PZ\Procedures\SOP#09B_noticing.doc
Information to be Included On Notices
All notices must include,at a minimum:
• the name of the body hearing the case;
• the meeting date,time and place of the hearing;
• as applicable, the case number, title (as in the Executive Summary per SOP #15)with the "who,
what, and where"of the project, in that order, followed by the parcel number(s)of the item;
• a concise, complete,description of the subject matter in layman's terms;
• the Town project manager's name,phone number, and e-mail address;
• the website address for a location map and more information; and,
• the signature of the Senior Planner or the Planning and Zoning Administrator.
Templates used for various types of notices are found in the directory
F:\ADMINPZ\FORMS\NOTICES. These may be typed over and saved to your case directory, but
leave the original samples intact. If the item or the notice is different from the normal such that it
does not follow the forms provided,the Town Attorney shall review it.
Noticing Procedures
Notification requirements vary based on the type of application. The procedure for each is outlined in
the attached table Procedures for Public Notice. The specifics for each type of notice are presented in
the following sections.
Newspaper Publication
The following items must be noticed with a 1/8th page display advertisement:
1. The first Commission public hearing for any general plan,rezoning, or PAD request.
2. Proposed Zoning Code amendments, if they will affect building volume/coverage, height,
allowable number of stories, setbacks or permitted uses.
Indicate your request for this format at the bottom of the notice. Subsequent notices for the Commission
and/or the Town Council do not need to meet this statutory requirement.
The DC will ensure that the item is published correctly and on time by the Territorial as follows:
• The DC will email notice to Daily Territorial with publication information (date(s) to be
published and if it is to be 1/8th page) on the e-mail. The notice should be set for a publication
date of at least 20 days, not including the meeting date, prior to the hearing. The Daily
Territorial's deadlines are, before 10:00 a.m. for publication the following day, except for
Mondays. The deadline for Mondays is 3:00 p.m. the prior Thursday. The Daily Territorial does
not publish on holidays.
• Town staff has asked that the Territorial e-mail us a confirmation. Although this type of
confirmation has been requested and while the staff at the Territorial has consented to comply
with our request,they are not consistent.
• The DC will check the e-mail confirmation and, if it is acceptable, send a copy to the Town
Attorney.
• If the confirmation shows that the notice is not acceptable,the DC will contact the Territorial and
get a correction.
• DC will subscribe to the Territorial and review the published ads to ensure they are correct.
F:\Admin__PZlProcedures\SOP#09C noticing.docF:`-fin PZ\Proced„rec\SOPHO9B no+;c;ng doc
• If the ad was incorrectly published,the DC will work with the Territorial to correct any problems
and republish the notice at least 15 days prior to the hearing. If the notice cannot be corrected
and published on time, the DC will notify the Planning and Zoning Administrator and take the
necessary steps to remove the item from the agenda.
The Territorial sends Affidavits of Publications to the Secretary III. The Secretary III sends the original
to the Deputy Clerk for filing and a copy to the DC. The DC will place the copy in the case file for the
project.
Property Owner and County/Jurisdiction Mailing
Twenty days or more before the hearing date, all property owners within the affected area(s) proposed
for development and within 300, 600, or 1,000 feet of its boundary (as specified in the attached table)
must be mailed the hearing notice via first class mail. Where public properties such as streets and.
floodplains are adjacent to the area proposed for development, the notification distance will start at the
opposite side of the._public area_ ron the area proposed. for develppment.__Property owners are mailed
based on the above measurement even if they are outside the Town boundaries.
The DC will create the mailing list and the Project Manager will provide any additional addresses for
notification.
In proceedings involving a rezoning or General Plan amendment in or within one-quarter mile of the
planning areas of other municipalities or unincorporated areas of the County or a combination thereof,
copies of the notice of public hearing shall be mailed to the planning agency of such governmental unit.
Thus any change in the County or within the Town and 1/4 mile or less from the County boundary
requires notification of the County. The portions of the Marana planning area that would require
notification of Marana follow the Shannon Road alignment from Naranja north to Tortolita Mountain
Park. The Tucson planning area ends at the City limits and so notification of the City is not required.
For proposed code changes, if the changes will have a substantial affect (such as building
volume/coverage, height, allowable number of stories, setbacks or permitted uses), notice shall be sent
by first class mail to each real property owner, as shown on the last assessment, whose real
property is directly governed by the changes.
Where any question exists as to whether a property owner should be mailed or not, mail the notice.
Home Owner Association(HOA)Mailing
Twenty days or more before the hearing date, the notice shall be sent to all HOAs that could be
reasonably be affected by the project, as determined by the DC on consultation with the Project
Manager. The president of the sub-HOA as well the master HOA shall be notified. The DC will create
the mailing list and the Project Manager will provide any additional addresses for notification.
Posting at Town Hall and on the Web
Twenty days or more before the hearing date, the DC will prepare the notice for posting. The notice for
posting at Town Hall is simply a copy of the notice that was sent to the paper, replacing the publishing
information at the bottom with:
POSTED:
date :
time :
by
F: Admin PZ\Procedures\SOP#09C noticing.docF:\Admin PZ\Procedures\SOPftO9B___noticing.doc
The Senior Planner will provide a digital copy of the notice to the Secretary III for posting on the Town
web site twenty days or more before the hearing date.
Posting the Property
To prepare a notice for posting of the property use the document
F:\ADMIN\FORMS\NOTICES\POSTG.HDG, changing dates and times as appropriate, for the top part
of the notice. For the bottom, enlarge the body of the notice, including subject matter, location and
description of the property, invitation to public and the signature. This can be done, either on the
computer, or via the copy machine. Make as many copies of the enlarged notice on yellow card stock
paper as necessary for prominently posting the subject property. The notices are then placed in the
Zoning Inspector's in-basket with a note as to the deadline for posting and the location map of the
property.
Twenty days or more before the hearing date,the Zoning Inspector shall place at least one notice on each
street frontage and in any other locations necessary to ensure that the notice is visible to the public.
To ensure that they are prominent, notices along arterial or collector streets will be placed only on the
white, metal-poled notice signage. Notices for larger rezonings (> 20 acres) and all General Plan
amendments will be on signs at least 3' by 4' in size.
Notice to Applicants
The following persons are responsible for providing information on the hearings to applicants and/or
their representatives:
Secretary III Town Council
Secretary III Planning and Zoning Commission
Secretary II DRB
Senior Zoning Inspector Board of Adjustment
As soon as the packets are distributed to the reviewing body, the persons responsible will fax the
appropriate reports (with staff attachments only) and the agendas to the applicants. The Project
Managers will provide the contact names and fax numbers at the end of all reports.
Continuations and Reconsiderations
If a public hearing is held and a case continued to a date specific in the motion,notification requirements
need not be repeated. If a case is continued and no date is set forth in the motion, or the case is
reconsidered,the entire re-noticing process must occur again,including the mailing.
Cancellation of a Public Hearing
If a public hearing is cancelled the following must be done and completed at least two working days
before the meeting:
1. Prepare a cancellation notice using template provided in the directory
F:\ADMINPZ\FORMS\NOTICES.
2. Publish it in the Territorial following the procedures shown under Newspaper Publication.
3. Post the cancellation notice following the procedures Posting at Town Hall and on the Web
and Posting the Property.
4. If an agenda has been posted,revise it and post the revised agenda.
5. The responsible person(per Notice to Applicants) shall notify the applicants by phone.
F_\Admin PZ\Procedures\SOP#09C_noticing_docF:\Admin PZ\Procedures\SOP#09B_noticing.doc
If the cancellation can not be completed at least two days before the hearing,keep the item on the agenda
and recommend that it be tabled or continued as appropriate. If persons are at the hearing for the item,
announce the cancellation and the reason for cancellation at the start of the hearing.
Planning and Zoning Administrator Date
F:\Admin PZ\Procedures\SOP#09C noticing.docF:\Admin PZ\Procedures\SOPi#09B_noticing.doc
PROCEDURES FOR PUBLIC NOTICE
PROCESS DRB P&Z COMMISSION COUNCIL BOARD OF ADJUSTMENT
General Plan Amendments For new PADS only: Property owner mailing Same as for P&Z Commission NA
Rezonings Mail to interested parties all directly affected,and
(optional) for minor amendments,rezonings,and CUPs,all w/in 600°,or
PADs or PAD Amendments for major GP amendments all w/in 1000'
Conditional Use Permits For rezonings and GP amendments,mail to County/jurisdiction if
Translational Zonings in County or w/in'/<mile of boundary or planning area
HOA mailing
Newspaper publication(1/8th page)
Post property
Post at Town Hall and on Web
Zoning Code Amendments. NA Property owner mailing(affected owners) Same as for P&Z Commission NA
HOA mailing
Newspaper publication(1/8th page)'
Post at Town Hall and on Web
Grading Exception Property owner mailing NA If appealed,same as for DRB NA
all directly affected,and
alLw/in 300'
Newspaper publication
Post Property
Post at Town Hall and on Web
Variances NA NA NA Property owner mailing
Interpretation-and-Boundary all directly affected and all w/in
Appeals from 300'for variances
Administrative HOA mailing(only the HOA it is in)
Newspaper publication
i�cisiQns�mcJ�ng Post property
boundary decisions) P P y
Post at Town Hall and on Web
Type II Home Occupations NA Property owner mailing(all directly affected and all w/in 300') if appeale_d_sames for P&Z NA
HOA mailing CommissioaNA
Newspaper publication
Post property
Post at Town Hall and on Web
In-Lieu Fees NA NA Newspaper publication NA
Post at Town Hall and on Web
SubdivisionsPreliminary p-rcperty owner mailing NA Same as for DRB,including NA
Plats all directly affected,and appeals.
Development Plans all-.who_300'or,_for-a
development>20 acres.,all
PAD Exemptions for Signs w/in600'
HOA mailing
Post property(not for PAD
exemptions)
Post at Town Hall and on Web
Fi\Admin PZ\Procedures\SOP#09C noticinn.docF:\Admin PZ\Procedures\SOP;t09B_noticing.doc
PROCEDURES FOR PUBLIC NOTICE
(continued)
PROCESS ORB P&Z COMMISSION COUNCIL BOARD OF ADJUSTMENT
z For Tier I,all directly affected,
Communication Facilities and all w/in 3_001 Per CUP procedures Per CUP procedures
For Tier II and Major
all directly affected,and
all w/in 600'
HOA mailing
1/8th page display advertisements are required if density,building height,required setbacks/open space,or permitted land use is affected.
2 Tier 1 facilities,which may be adiministratively approved,require a mailing notification of all property owners directly affected and all within 300'.
"Directly affected"means the owner of the actual real property with which the review is concerned and the applicant.
F:_lAdmin PZ\Procedures\SOP#09C noticing_docF:\Admin PZ\Procedures\SOP#09B_noticing.doc
9.0
V '
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that she is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published
in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County
of Pima, State of Arizona and elsewhere, and the hereto attached:
PUBLIC HEARING
OV8-04-10 GERALD KESLER ARCHITECTS ET AL
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 15TH day of APRIL 2005 and the last
publication thereof was made on the 15TH day of APRIL 2005; that said publication was made
on each of the following days, to-wit:
04/15/05
at the Request of:
TOWN OF ORO VALLEY
�
By --
L--'(C�/t.fa C*1(‘-• 4
___ , Legal Advertising Manager
} 4
Subscribed and sworn to before • 19TH day of APRIL 2005.
'2' N—N ,k_. ! .0' . -'--1 C ' , , '. )
t2 ,0. Notary JAMIE CPublic _- -
AC
MACIAS-
N ry Public in and for the County of Pima, State of Arizona
Pima County Arizona My Commission Expires: D lui
Expires 02/04/08
NOTICE OF PUBLIC HEARING
• dEFOI?E THE ORO VALLEY PLANNING AND ZONING CC'"..>ION
In accordance with ARS 9-462 and Section 3-108 of the Oro Va ing Code
Revised NOTICE OF PUBLIC HEARING REGARDING A RE FOR A
CONDITIONAL USE PERMIT,IS HEREBY GIVEN'
TIME: at or atter 6:00 p.m.on TUESDAY MAY 2,2005
PLACE: Oro Valley 1 own Hal:
Council Chamoers
11000 North La Canada Drive
Oro Valley,Arizona
SUBJECT: PUBLIC HEARING - OV8-04-10. GERALD KESLER ARCHI-
TECTS,REPRESENTING FLETCHERS TIRE AND AUTO,RE-
QUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO
DEVELOP LOT 3 OF THE ORO VALLEY RETAIL CENTER AS
AN AUTOMOTIVE SERVICE AND REPAIR FACILITY,LOCATED
ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND
FIRST AVENUE.PARCEL 224-02-170A PORTION
The applicant seeks approval of a conditional use permit to estab-
lish a Fletchers Tire Store. The building will consist of tire sales,
repair and installation. The zoning is C-2 Commercial.
Members of the public are invited to this meeting and will be given an opportunity
to speak. An agenda for the meeting will be made availabie 24 hours prior to
meeting time and viewed at www.townoforovalley.com. A full description and
maps are available during normal business hours at the Oro Valley Town Hall,
Development Services Building,11000 N.La Canada Drive,Oro Valley,Arizona.
Should you nave any questions regarding this matter, please contact Bob
Conant at 229-4822 or bconant@orovalley.net.
/s/Bayer Vella,AICP Senior Planner
Posted: 4-12-05
Time: 2:30 p.m.
By: sag
PUBLISH:The Daily Territorial
April 15,2005
hrOV8-04-10 a.s
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF
PUBLIC HEARING REGARDING A REQUEST FOR A CONDITIONAL USE PERMIT, IS
HEREBY GIVEN:
TIME: at or after 6:00 p.m. on TUESDAY MAY 3, 2005
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING—OV8-04-10. GERALD KESLER ARCHITECTS,
REPRESENTING FLETCHERS TIRE AND AUTO, REQUESTS APPROVAL OF
A CONDITIONAL USE PERMIT TO DEVELOP LOT 3 OF THE ORO VALLEY
RETAIL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY,
LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND
FIRST AVENUE, PARCEL 224-02-170A PORTION
The applicant seeks approval of a conditional use permit to establish a Fletchers Tire
Store. The building will consist of tire sales, repair and installation. The zoning is C-2
Commercial.
Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda
for the meeting will be made available 24 hours prior to meeting time and viewed at
www.townoforovalley.com. A full description and maps are available during normal business hours at
the Oro Valley Town Hall, Development Services Building, 11000 N. La Canada Drive, Oro Valley,
Arizona. Should you have any questions regarding this matter, please contact Bob Conant at 229-4822
or bconant@orovalley.net.
Bayer Vella, MCP
Senior Planner Posted: 4-12-05
Time: 2:30 p.m.
By: sag
F:\OV\OV8\2004\8-04-10\Notices\PZ.NOTICE.doc
F:\OV\OV8\2004\8-04-10\Notices\PZ.NOTICE.doc
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APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
May 3, 2005
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Vice Chair John Anning (Acting Chair)
Commissioner Pete Bistany
Commissioner Bill Adler
Commissioner Don Manross
Commissioner Doug McKee
EXCUSED: Chair Don Cox
Others Present: Joe Andrews, Civil Attorney
Melinda Garrahan, Town Attorney
Craig Civalier, P.E. Development Review Division Manager
K. C. Carter, Town Council Member
Bryant Nodine, AICP, Planning and Zoning Administrator
Bob Conant, Senior Planner
CALL TO THE AUDIENCE opened and closed at 6:01 p.m. there being no
speakers.
MINUTES
MOTION: Commissioner Adler MOVED to approve the April 5, 2005, Planning
and Zoning Commission meeting minutes as written. Commissioner Manross
seconded the motion. Motion carried, 5 yes, 0 no.
1. PUBLIC HEARING - OV9-04-12, STEPHEN KREUTZER, SEPIA HOME,
REQUESTS A REZONING FROM RESIDENTIAL SERVICES (RS) TO C-1
COMMERCIAL DISTRICT TO CONSTRUCT A 6,250 SQUARE FOOT
OFFICE/STUDIO AND FURNITURE STORE ON PROPERTY LOCATED 300 FEET
SOUTH OF THE SOUTHEAST CORNER OF CALLE CONCORDIA AND ORACLE
ROAD. LOT 68 SHADOW MOUNTAIN ESTATES EAST, PARCEL 225-12-0730
Applicant submitted letter of withdrawal. No action required.
PUBLIC HEARING opened and closed at 6:04 p.m. there being no speakers.
ti
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 2
2. PUBLIC HEARING — OV8-04-10, GERALD KESSLER ARCHITECTS,
REPRESENTING FLETCHER'S TIRE AND AUTO REQUESTS APPROVAL OF A
CONDITIONAL USE PERMIT TO DEVELOP LOT 3 ORO VALLEY RETAIL CENTER
AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE
SOUTHWEST CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL
224-02-170A PORTION
Frank Bangs, 1 South Church, representing applicant, Fletcher's Tire and Auto gave his
report. The project was approved as a master development plan in 2000. At that time
Evergreen Devco, the master developer, had prepared a plan for the entire site showing
intended uses and how those uses might function on the site. Phase 1 was Walgreens.
Phase 2 was Wells Fargo Bank. The balance of the center is now being developed
including lot 3, Fletcher's site. Because of the automotive use, it requires a use permit.
The basic arrangement of the center is the same although some of the uses have
changed. Parking and access were established in 2000 and remains unchanged.
Traffic flows through the center on a north/south, east/west access. The southern half
of the site is being developed primarily for retail.
Staff has identified aspects where the project may not conform according to necessary
criteria:
(1) Noise: A noise study was submitted which showed that at 100 feet from the main
service bays, the sound levels were in the range of 60 to 70 decibels, which is similar to
traffic noise on a major arterial. Potential impact of noise was discussed with Wells
Fargo Bank and the bank had no objections to the architecture, the arrangement of the
screening and the use being placed there. A letter from the bank was included in the
packet. The sound study showed that the noise to the neighbors to the west and south
would be attenuated to background levels.
(2) Traffic: Traffic generated by this use would be dramatically lower than a fast food or
other retail uses in the center. Staff was concerned that in the original site plan the exit
from the enclosed service bay court onto the north/south path was accomplished at an
angle towards the south/southwest. The drivers exiting the site would be looking back
over their shoulders at the oncoming traffic and from the drive through lanes from the
bank. The entry point has been revised to a 90 degree angle for a clearer view.
(3) Compatibility with other uses: Objective criteria, i.e. amount of traffic generated,
operation of use and how it integrates with others uses, aesthetics of the project,
internal connections for pedestrian circulation within the center, all works very well.
Architect, Jerry Kessler, 401 W. Baseline Rd., #106, Phoenix, gave his presentation.
Fletcher's Tire and Auto is a locally owned and operated business, which he has
worked with for 10 years. The bays were designed to face away from the public right of
ways to screen visibility and noise. The bays were kept in a courtyard where they are
not viewed by the public. Hedges and planters down the west side help break up the
wall and would help mitigate noise and visual issues. Equipment used does not make a
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 3
lot of noise. Hours of operation would be 7:00 a.m. to 7:00 p.m. No cars would be left
overnight. Technicians would move the cars in and out of the service bays.
Commissioner Adler asked Mr. Kessler what the likelihood of the bay doors being
closed except for moving cars in and out happening and how would that be enforced.
Mr. Kessler said it would be difficult because cars will be coming and going, so the
doors would be open most of the time. That condition is not acceptable.
Commissioner Adler suggested to Staff earlier that the position of the building entrance
level should be reconfigured so it faces east, which would prevent conflicts with people
exiting the bank drive through. It would allow people to make right turns into the project
rather than left turns. Have you considered that?
Mr. Kessler said the issue of facing west is that area was established as a primary
walkway. Screen walls would not be able to put in because of a utility easement and
there would not be enough room.
Commissioner Adler asked wouldn't the employees moving cars in and out of the bays
create problems with people exiting the bank. He is also concerned about people
entering and going through the site.
Mr. Kessler did not see any difference in people using either entrance to go into the
main drive aisle. Every car needs to get into a drive aisle, which is what the realignment
of the driveway would do. There could be signage at the intersection to tell people to
stop. Fletcher's traffic would be controlled.
Mr. Kessler told Commissioner McKee that the guns used today are short impact and
would be heard in the drive aisle. There are typically five employees that would be
working on and moving cars.
Mr. Kessler said the bays were not put to the north because of trying to create a screen
at the front of the building so people on the street could not see into the bays. There
would not have been enough parking space if they had the bays to the north.
Bob Conant, Senior Planner gave the Staff Report.
Mr. Conant replied to Commissioner McKee regarding the letter in the packet from
Wells Fargo that there has not been any further discussion with Wells Fargo related just
to the noise issues. If Wells Fargo were to support this after a full discussion of the
noise issue, Staff's recommendation would remain the same.
Mr. Conant told Commissioner Manross that Condition #2 in Exhibit A regarding
keeping service bay doors closed, would be very difficult to monitor.
Mr. Nodine said Staff looked at a less than ideal situation and were recommending
denial but also understood that the Commission and Council may see differently. If they
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 4
do, we are looking for any means to reduce the noise. It would not be easy to enforce,
but is one of the few means available at that site to reduce the noise.
Commissioner Adler said public safety is still a concern. The character of traffic may
have an impact on design but is a primary concern, and the entrance should face east.
Mr. Conant said by turning the building 180 degrees so the bays face Walgreens
exposes the bays more to the intersection, Staff wanted to hide the bays. Walgreen's
drive through is on that side and people could exit into the same PAAL.
PUBLIC HEARING opened at 7:00 p.m.
Norman Raymond, 11900 N. Joi Drive, owns property with the eastern boundary of his
back yard directly connected to the site. Noise is not a minor issue. He bought his
house understanding the zoning and the implications involved. If the zoning is changed
and allows this type of building on the site, the value of his property and quality of life is
directly affected. It will be a noisy place. If Tangerine Road, which is farther from his
property, is 90 db, and this site is 90 db, it will be heard. Oracle Road is where tire
shops belong, not in a residential area. It doesn't work and is not compatible with the
site. He strongly opposes this project and he needs the Commission to protect his
rights and his property value and quality of life, which is why he moved to Oro Valley.
Alice Buedren, 11940 N. Joi Drive, agrees with Mr. Raymond that the noise from the
bays at 7:00 a.m. will be pathetic. She is retired and 7:00 in the morning is a wonderful
time to sit outside. It will be horrible to listen to that kind of noise. The bank does not
make a noise and there is no issue with that. The next step is depressing our property
values which is not good. Quality of life will go down.
PUBLIC HEARING closed at 7:04 p.m.
Mr. Bangs rebutted that the property was purchased by Evergreen in 2000 and was
zoned C2, which allows automotive uses subject to use permit process. The entire site
was planned then and this particular layout was deemed to be the optimum solution to
moving traffic and pedestrians throughout the site at the time. It still is. Now Staff has
second thoughts about a configuration they approved at the time.
In terms of safety issues, this site layout provides the optimum with respect to that.
Why would you want to disgorge additional traffic onto the main north/south, east/west
circulation elements in that shopping center? It would be better to exit onto the side
streets of the parking lot and from there move onto the north/south, east/west paths.
Regarding site distances, the Town's Traffic and Transportation Design Regulations
have no site distance requirements or site triangle requirements for private property
shopping center parking lot situations such as this. In the street standards, the lowest
traffic speed provided is 20 mph. The design speed in this shopping center is 15 mph.
The angle on the south/east wall of the building allows for a substantial distance behind
the intersection for ample view.
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 5
Regarding compatibility, this is a legitimate activity that provides service to the people in
the community. This is a shopping center has multiple services.
Regarding the conditions of approval in Exhibit A:
#1. Design solutions:
• Mr. Bangs doesn't know what wrapping the building around farther and creating
the screen wall will accomplish visually or from a sound standpoint. They are
open to instruction about that issue, but it does not seem acceptable.
• The 6 foot wall does not seem like a superior solution, but is acceptable and
would be designed to make it as attractive as possible.
• Placing the entrance to the service area along the center PAAL at the end of the
Fletchers building and closing the proposed access point is not acceptable.
• Moving the building north to remove the southern end out of the site visibility
triangle is not necessary.
#2. Service bay doors remaining closed except for the moving of vehicles in and out is
not acceptable.
#3. There are no objections to having no auto service activity taking place outside of
the building.
#4. There are no objections to not having outside speakers nor to keeping interior
speakers so they are not audible from adjacent residential properties.
Craig Civalier, Acting Town Engineer, said regarding site visibility triangles in parking
lots, that for safety of the public we should look at site distance in parking lots. Our
subdivision standards required the site line to be 15 feet where the car would sit. We
have modified the site triangle for a parking lot and the building is in the triangle. He
would like to see the building moved to the north so visibility would not be obstructed at
that intersection. As Town Engineer, he has the right to establish standards.
Mr. Civalier told Commissioner Adler that during Development Plan Review and
Improvement Plan Review is when signage is enforced in a project.
Mr. Conant replied to Commissioner McKee that the estimated 90 decibels sound level
when it reaches the back yard of Mr. Raymond will be less than 60 during the course of
the day.
MOTION: Commissioner Bistany MOVED to recommend that the Town Council
deny OV 8-04-10, conditional use permit for Fletchers Tire Store, located on lot 3
of the Oro Valley Retail Center on the southwest corner of Tangerine Road and
First Avenue, finding that the use is incompatible with the existing and proposed
uses for the site. Commissioner Manross seconded the motion.
Discussion: Commissioner Adler did not object to the compatibility issues because the
Town has accepted this kind of shopping center next to residential properties in the
past. His concern is that there is no solution to the noise issue. The applicant refuses
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 6
to accept the condition that the doors remain shut during work. He is also not
convinced that the configuration is the best. The issues are safety and no solution to
noise and he will support the motion for denial for those reasons.
Commissioner McKee would feel better about this if the Wells Fargo people were willing
to support this on the issue of noise. There may be a problem for the bank when
someone is trying to talk to the drive through teller and the air gun goes off. There is no
evidence in the letter from the bank that they considered that.
Motion carried, 5 yes, 0 no.
3. PUBLIC NOTICING PROCEDURES
Mr. Nodine gave the Staff Report.
Commissioner Adler said major General Plan amendments will ultimately, if approved,
result in a rezoning. Development greater than 20 acres should all be noticed at 1000
feet to try to be more consistent because of the broader impact. Any rezoning has a
wider impact than 300 or 600 feet. Rezoning generally and development proposals for
20 acres or greater should be at 1000 feet notification.
MOTION: Commissioner Manross MOVED to direct staff to forward the attached
Planning and Zoning Division Standard Operating Procedures: Public Noticing
Procedures dated December 15, 2003 (revised) to the Town Council.
Commissioner Bistany seconded the motion.
Discussion: Commissioner Adler felt the 1000 feet should be part of the motion and that
if it wasn't, he could not support the motion.
Mr. Nodine replied to Commissioner Manross' question that 300 feet is the State
requirement for noticing. We are already at 600 feet which is double the State
requirement.
Motion carried, 4 yes, 1 no. Commissioner Adler opposed.
RECESS: 7:30 p.m. to 7:35 p.m.
4. CONTINUED ITEM, PUBLIC HEARING, OV7-01-09, AMENDING THE ORO
VALLEY ZONING CODE REVISED BY AMENDING CHAPTER 8 COMMERCIAL
DISTRICT REGULATIONS AND CHAPTER 9 CONDITIONAL USE REGULATIONS
Mr. Conant gave the Staff Report.
PUBLIC HEARING opened and closed at 7:40 p.m. there being no speakers.
Mr. Nodine gave a presentation showing the different commercial areas in the Town of
Oro Valley. The commercial areas still vacant are primarily clustered around
intersections except along Oracle Road, which is typical of all commercial areas in
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 7
Town. Many of the commercial areas are already zoned. Even though the areas are
designated in the General Plan as neighborhood commercial/office, that General Plan
designation has always included neighborhood commercial as a zoning category as well
as C1 as a zoning category. Commercial acreage in Town currently zoned is:
• 60 acres — Neighborhood Commercial
• 510 acres — C-2
• 588 acres — C-1
About half of the above is vacant.
Mr. Nodine told Commissioner McKee that the maps include all the land designed as
commercial in the new General Plan that is currently vacant, except the Kai property.
Neighborhood Commercial can handle either CN or C1 zoning.
Vice Chair Anning pointed out that the northwest quadrant of Lambert and La Cholla are
also not on the map. He doesn't see anywhere in the General Plan or the Zoning Code
clarifying that where the General Plan says Neighborhood Commercial, it can be a C1
district. It needs to give clear guidelines where Cl and CN are legitimate.
Vice Chair Anning also said in the purpose statement the terms "collector" and "arterial"
roads are used and not defined in the Zoning Code. They should be in the definition
section of the Code.
In Chapter 8, page 5 under the list of permitted uses in the C1 district, gas stations
without repair service, and on page 6, under uses subject to conditional use permit, gas
station without repair, are in there twice.
Mr. Nodine said that is correct and Staff is recommending ail the automotive uses be
moved to Conditional Uses.
Mr. Nodine told Vice Chair Anning there are separate categories for schools and
churches to make sure there is the option to address height issues.
Commissioner Adler has several problems with the Code as written and the
Commission has his notes on it. He strongly disagreed with the deletion of the
minimum size for CN and capping it at 5 acres. Canada Crossroads is referred to as
being a CN property that works well, and yet it would not have been permitted to be
developed as CN because it is larger than 5 acres.
He spoke to Mr. Conant earlier regarding the issue of adult book stores. Sexually
explicit material need to be defined better. An issue arose where a retailer offers goods
and services with books being only a minor part of the pornographic material, therefore,
he doesn't consider himself a book store and is circumventing the code.
On page 3 under CN category, B. indicates a sufficient area must be provided to
establish multiple uses on the site. In the purpose statement it says that multiple uses
are strongly preferred. The purpose statement needs to be consistent with what is said
later on in the Code.
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 8
Mr. Nodine told Commissioner McKee that the residential uses have been taken out of
the Code. The comparison sheet in the packet has not been updated and should be
thrown away.
Attorney Andrews addressed Commissioner Adler's issue with sexually explicit material,
that it is in the plan to work on separately. Because of the complex matters and issues,
they would like to deal with that outside of this particular code item. There is a lot of
case law on this and can take up much more than a definition.
Commissioner Adler said on Technological Park, we continue to use the words
"analogous uses" which has come up in the past as being difficult to define. On page
13 the language used is analogous uses that are directly related to servicing the primary
uses. Any use that is going to be viable is going to have to serve the broader
community in additional to the uses that are on the parcel.
Mr. Nodine says it does not say directly related any more. We echoed with more detail
what the definition of analogous use is in the Code which is "substantially similar to the
permitted uses, shall not be anymore deleterious, obnoxious or harmful in terms of
traffic generation, use impacts and types of activities involved.
Commissioner Manross said it is mentioned that the determination of analogous use
being left up to the Planning and Zoning Administrator and not the Commission. Which
should it be?
Commissioner Adler prefers the Commission. An applicant proposes a use and Staff
can recommend it as being analogous and the Commission can either agree or
disagree.
MOTION: Commissioner Manross MOVED to recommend that the Town Council
approve the recommended amendments to Chapters 8 and 9 of the Oro Valley
Zoning Code Revised. Motion died for lack of a second.
Commissioner Adler said he needs some response to his concerns. He cannot support
the commercial code until he gets a response.
MOTION: Commissioner Adler MOVED to continue Item 4, Public Hearing, OV7-
01-09, amending the Oro Valley Zoning Code Revised by amending Chapter 8
Commercial District Regulations and Chapter 9 Conditional Use Regulations until
the next regularly scheduled meeting. Commissioner Bistany seconded the
motion. Motion carried 5 yes, 0 no.
5. PUBLIC HEARING, OV7-05-01, AMENDMENTS TO THE ORO VALLEY ZONING
CODE REVISED ARTICLE 4-9, ASSURANCES, TO ADDRESS THE
REQUIREMENTS FOR CONSTRUCTION ASSURANCES
Mr. Nodine gave the Staff Report.
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 9
Mr. Nodine told Commissioner Bistany that the Staff looked at what was construction on
site and it ended up being everything. We wanted to make sure there were construction
bonds in place for unsubdivided properties. Commercial properties weren't being
adequately covered by the bonds we had. All we were able to do was restore the
property to a natural state. We are suggesting bring it to reasonable level. Staff has to
make the decision whether it is critical to the operation and will include what we think is
necessary for public safety to serve that property.
Mr. Nodine told Commissioner McKee that there is no economic impact to the Town
because if a project goes under, we are going to get what is needed for bond the way it
is proposed. It makes it easier for a development to bond their project. A reasonable
solution will have to be determined in each case.
A Certificate of Occupancy would not be issued if there is not adequate parking or
sidewalks around a property,. We are trying to cover sidewalks, access ways for
pedestrians and vehicles off-site and on-site that need to come into the property to
serve the area. We don't want the person who needs to get the C of 0 held hostage to
put in excessive off property improvements to serve the development if the developer
goes under. That is where the bonding program would help. We need bonding to do
what needs to be done to make every portion on the property operable.
Mr. Nodine said cost of a bond to the contractor is 10% of the cost of construction every
year and is not refundable.
Mr. Nodine responded to Commissioner Adler's question, that there are three things
that can initiate the process to claim a bond:
1. The project is abandoned.
2. They fail to complete things that are required.
3. They fail to respond to a violation.
PUBLIC HEARING opened and closed at 8:20 p.m. there being no speakers.
MOTION: Commissioner Manross MOVED to forward OV7-05-02, proposed
amendments to the Oro Valley Zoning Code Revised Article 4-9, Assurance, to the
Town Council recommending approval. Commissioner McKee seconded the
motion. Motion carried 5 yes, 0 no.
6. PUBLIC HEARING, OV7-05-02, AMENDMENTS TO THE ORO VALLEY ZONING
CODE REVISED ARTICLE 1-8 NONCONFORMING USES TO DEFINE
ABANDONMENT OF A USE OR BUILDING
Mr. Nodine gave the Staff Report.
Mr. Nodine told Commissioner McKee that the start of the abandonment period is
determined legally by being documented. The best thing is that a use ceases for a
period of 6 consecutive months. Intent to abandon has to be established.
May 3, 2005 Approved MINUTES, PLANNING AND ZONING COMMISSION 10
Attorney Andrews said you can use any type of evidence to present to a court whether
or not a use was ceased for that period of time. If you convince the court, you get the
time frame and you are in better shape. If is not always going to be on the Zoning
Department to document when a property was sold. It is something that has to be done
based on evidence rules in court.
Mr. Nodine told Commissioner Bistany that change of title (property owner) does not
necessarily mean abandonment. Change of use would mean a cessation of use.
PUBLIC HEARING opened and closed at 8:25 p.m. there being no speakers.
MOTION: Commissioner Manross MOVED to forward OV7-05-02, proposed
amendments to the Oro Valley Zoning Code Revised Article 1-8, Nonconforming
Uses, to the Town Council recommending approval. Commissioner Bistany
seconded the motion. Motion carried 5 yes, 0 no.
PLANNING UPDATE
May 9, 2005 there will be a Planning and Zoning General Plan meeting at Church of the
Nazarene.
Commission Rules and Procedures will go to Town Council on June 1, 2005.
ADJOURN REGULAR SESSION
MOTION: Commissioner Manross MOVED to adjourn the May 3, 2005, Planning
and Zoning Commission meeting. Commissioner McKee seconded the motion.
Motion carried 5 yes, 0 no. Meeting adjourned at 8:30 p.m.
Respectfully submitted,
`
.77
� . pLL4 / / 1p /s
Diane Chapman, Rec /rrdVing Secretary
May 5, 2005
Frank Bangs
Lewis & Roca
One South Church Avenue, Suite 700
Tucson, AZ 85701-1611
RE: OV8-04-10, Conditional Use Permit for
Fletchers Tire Store, located on the
southwest corner of Tangerine Road and
First Avenue, Parcel 224-02-170A
Dear Frank:
At their regular meeting of May 3, 2005, the Planning and Zoning Commission voted by a majority(5-
0) to recommend denial of your request for a Conditional Use Permit by the following motion:
Commissioner Bistany move to recommend that the Town Council deny
OV8-04-10, Conditional Use Permit for Fletchers Tire Store, located on
lot 3 of the Oro Valley Retail Center on the southwest corner of Tangerine
Road and First Avenue, finding that the use is incompatible with the
existing and proposed uses for the site. Commissioner Manrose seconded.
As you are aware, the resubmittal deadline is May 19, 2005 and Town Council
will consider the matter on June 15, 2005.
If you have any questions please feel free to contact me at(520) 229-4822 or at
bconant@orovalley.net. We will gladly reschedule this item for a Development
Review Committee meeting to resolve any issues.
Very truly yours,
Robert M. Conant, Jr.
Senior Planner
cc: Brent Sinclair, Community Development Director
Bryant Nodine, Planning & Zoning Administrator
Craig Civalier, Public Works
Development Coordinator
File
LEWIS
AND
ROçA Memorandum May31, 2005
LAWYERS
44527-00001
To: From:
Bob Conant Keri L. Silvyn
Re: Fletchers Noise Issues
Attached is a Fletcher's commissioned noise study for its site on Happy Valley Road in
Phoenix, Arizona. Noise levels were measured at the entrance to the open bay doors at various
times in a normal workday. We have provided this study for your information, and want to
explain how the results apply to the site in Oro Valley.
The fax cover page explains the measurement method, and the normal maximum noise
limits for both residential and commercial property lines. The noise level measured 60 feet from
the open shop doors was 58.3 db. Each time you double the distance from the open shop doors,
the noise level drops 6 db without any sound barriers (ie: wall). If walls are added, depending on
the type of wall, the noise level would drop even more dramatically. The analysis provided
below does NOT take into account any noise barriers, which will be provided on site.
The noise generated within the Fletcher's service bays measures approximately 58.3 db at
the west lot line of Lot 3 (east of Wells Fargo). At 120 feet (the middle of the Wells Fargo
building), the noise would measure 52.3 db. At 243 feet, the westernmost edge of the Wells
Fargo parking lot, the noise would be 47.3 db, and at the westernmost property line of the
shopping center adjoining residential uses the noise would measure approximately 45 db. The
maximum normal residential noise limits are 55 db during the day and 50 db during the evening.
Therefore, Fletcher's noise generation at the nearest residential property line, without taking into
account the additional noise barriers, will be below the maximum noise levels for residential
areas.
To put these readings in perspective with other noises, 40 db would be the level of sound
of birds singing at a distance. 50 db is the level of noise typically found in the open areas of an
office. 60 db is the level of conversation between individuals of 3 feet, while the level of
conversation at a one feet distance would be 70 db.
KLS
178618.1
1 c
TOWN OF ORO VALLEY J�
"TAFF REPORT TO THE TOWN COUNCIL MEETING DATE: June 15, 2005
TO: HONORABLE MAYOR & COUNCIL
FROM: Robert Conant, Senior Planner
SUBJECT: PUBLIC HEARING — ORDINANCE (0) 05- 30 , OV8-04-10, GERALD KESLER
ARCHITECTS, REPRESENTING FLETCHERS TIRE AND AUTO, REQUESTS
APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOT 3 OF THE ORO
VALLEY RETAIL CENTER AS AN AUTOMOTIVE AND REPAIR FACILITY,
LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND FIRST
AVENUE, PARCEL 224-02-170A
NATURE OF THE CUP REQUEST:
Section 8-303(B)(1) of the Oro Valley Zoning Code Revised (OVZCR) allows an automobile facility in C-2
districts only if a Conditional Use Permit (CUP) is reviewed and approved by the Town Council.
The proposed automotive use is subject to the following:
1. The Master Plan for the site was approved by Town Council on November 15, 2000 (0V12-00-09).
2. Town Council action this evening on a proposed revision to the Development Plan.
3. The Architecture and Landscape Plan that were conditionally approved by the DRB on May 10, 2005.
4. Conditions placed on the project by the Town Council to meet the criteria and findings of OVZCR
Section 3-201 (conditional use permits).
The Compliance Analysis section of this report describes how the project addresses pertinent Town Code
standards and conditions intended to assure land use compatibility.
BACKGROUND:
The 1.42 acre project site lies within the 11.18-acre Oro Valley Retail Center. The applicant is seeking approval
of an amendment to the original Master Plan for the site. In the original Master Plan, the site under
consideration for the Conditional Use Permit (lot 3) was intended to be a fast food restaurant.
Currently, the 11.18 acre site contains the following structures and circulation elements:
• Walgreen's located in the northeast corner of the site.
• Wells Fargo Bank located in the northwest corner.
• The public art plaza
• All curb cuts on Tangerine Road and First Avenue have been established and constructed.
• The north east/west PAAL (Parking Area Access Lane), and the center north/south PAAL was
constructed to the arts plaza. Furthermore, the center east/west PAAL was build up to the arts plaza and
the eastern north/south PAAL has also been constructed. This circulation network serves the two
buildings existing on the site.
TOWN OF ORO VALLEY
OWN COUNCIL STAFF REPORT Page 2
SUMMARY OF THE PROPOSED PROJECT:
The proposed project includes the following elements:
• A 6,500 square foot building with 10 automotive repair service bays, showroom, office and storage area.
• An off-street parking lot providing 20 parking spaces.
• A pedestrian connection linking the Walgreen's, the bank, and the rest of the center has been provided.
The connection to Walgreen's and the bank have already been constructed.
• Hours of operation: Monday-Saturday 7:00 a.m. to 7:00 p.m.
SURROUNDING LAND USES:
Orientation Zoning Land Use
North PAD Vacant and Safeway
South C-2 Vacant
East C-2 Walgreen's
West C-2 Wells Fargo Bank
'OMPLIANCE ANALYSIS:
• The project meets the standards of the C-2 zoning district.
• The project meets most of the OVZCR standards as expressed in the Oro Valley Retail Center
Development Plan. The exception entails a traffic safety issue. The current location of the building is
within the site visibility triangle at the north/south and east/west PAAL intersection at the arts plaza.
This intersection should be free of any obstruction whether building or landscaping (landscaping can be
low and trees trimmed up to 72 inches) that would prevent good visibility of a stopped vehicle
proceeding south on the PAAL.
Section 3-201,Use Permits:
Conditional Use Permits may be granted based on consideration of the following criteria:
A. That the granting of such conditional use permit will not be materially detrimental to the public health,
safety or welfare. In arriving at this determination, the factors which shall be considered shall include
the following.
1. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination:
The Fletchers Tire Store is located on lot 3 of the Oro Valley Retail Center on the southwest corner
of Tangerine Road and First Avenue. In order to address the potential for noise nuisance associated
with car bays facing the west side of the property, the applicant has provided a noise study of a
similar property(attached).
The noise nuisance associated with the vehicle service bays will heavily impact the bank building to
the west because of the proximity and the fact its front entrance is facing the Fletchers Tire Store.
The residential to the west will not be as impacted because the bank building and a property line
screen wall with a fifty foot natural bufferyard. Overall, the ambient noise that is generated by traffic
I
TOWN OF ORO VALLEY
_ JWN COUNCIL STAFF REPORT Page 3
(approximately 60db) along Tangerine Road will not exceed that of the air wrenches used. The air
wrenches produce 90db at the source. However, Tangerine Road, at present, does not carry large
volumes of traffic continuously during the day and ambient noise will not always be present. As a
result, the bank will be heavily impacted — even with a wall as a barrier. It is important to note that
the front of the bank is in line with the path of noise generated.
To help mitigate the sound, a screen wall and landscaping has been proposed next to the PAAL
between Fletchers and the bank. The proposed four (4') foot wall with openings and landscaping
between the bank and Fletchers will do very little to diminish noise from air wrenches. Generally, a
continuous six (6') foot wall will help lower the sound impacts (6-10 db reduction). This assessment
is based on noise studies provided with two other CUPS' for tire/brake shops.
2. Hazard to persons and property from possible explosion, contamination,fire or flood.
The project would meet all Code safety requirements for commercial occupancies and the proposed
use. Potentially hazardous materials associated with the tire store would be contained and disposed
of as required by the Fire Marshal as part of the Building Permit.
3. Hazard occasioned by unusual volume or character of traffic.
Conflicts will arise with the movement of vehicles to and from the service area—both with the drive
through tellers of the bank and at the intersection of the two PAAL's. The conflicts of most concern
are the turning movements coming out of the bank's drive through tellers and the service bays of the
tire store all in close proximity of the intersection to the south. Staff explored the following options
to resolve this issue:
• Move the entrance to the tire store service bays north towards the north end of the PAAL.
• Align the entrance to the tire store service bays with the exit for the drive through tellers.
• Place the entrance to the service bays on the center east/west PAAL.
• Place the entrance to the service bays off the northern east/west PAAL.
• Close the southern end of the north/south PAAL between the tire store and the bank.
Though the proposed use is a low traffic generator, as depicted below, access is still a concern
because of the alignment with the Wells Fargo bank drive-through tellers.
Use AM Peak PM Peak Saturday Peak Average Daily
General Office 20 86 31 153
Medical Office 15 23 54 217
Tire Store 17 25 30 149
Shown as the number of vehicle movements with the peaks being hours.
The information contained in the above table is from the Institute of Traffic Engineers.
In sum, none of the solutions mentioned above are optimal —which is a strong indicator the building
size and configuration is in appropriate. The optimal - but not the ideal - solution for the issues
TOWN OF ORO VALLEY
QWN COUNCIL STAFF REPORT Page 4
discussed above is to place the entrance to the service bays from the east/west PAAL south of the
building.
B. That the characteristics of the use proposed in such use permit are reasonably compatible with types of
uses permitted in the surrounding area as required in Section 3-201(B).
The proposed use would not be compatible with this commercial subdivision, which does not include
any other automotive use. The uses that currently exist on the site are a Walgreen's and Wells Fargo
Bank. The proposed uses include an Ace Hardware and other retail and restaurant uses. The
compatibility issue on this site is that the use proposed produces high volumes of noise between two
quite uses, the bank and Walgreen's, and that the other proposed uses on the site are also relatively quite
uses. Later in this report, there is a discussion of similar centers where such uses as the proposed one
work well with quieter retail uses. The proposed building on the site has service bay doors which will be
visible as one enters the site from the west and from the PAAL between it and the bank which does not
create the same look and atmosphere as the visibility of retail fronts which comprise most of the center.
Mitigation is possible which will reduce—but not sufficiently eliminate the impact of this use.
There are a number of design solutions that may reduce the aforementioned compatibility issues
associated with the use as follows:
• Extend the building on the north side to wrap in a manner to obscure the view from Tangerine
Road. This will have the affect of reducing the visibility of the service bays and noise associated
with the service area.
• Eliminate the two southern service bays, primarily because they are located in the site visibility
triangle for the north side of the north/south PAAL and the west view from the east side of the
center east/west PAAL.
• Construct a six (6') foot wall from the end of the building running south and returning east at the
center PAAL. Provide a five (5') foot landscape area on the outside of the wall with overlapping
tree canopy at maturity.
• Place the entrance to the service area along the center PAAL at the end of the Fletchers building.
This placement will reduce conflicts of traffic turning movements in the PAAL between the bank
and Fletchers.
Overall, the solutions mentioned above will reduce—not eliminate - issues relative to compatibility.
The following are situations where automotive uses in a retail center are or will be compatible:
• An automotive repair facility exists at the Bashas Center at Rancho Vistoso Boulevard and
Oracle Road, but it is not readily visible from the street.
• The Brake Max approved for Oracle Crossing at Magee and Oracle has the bays facing toward
the rear of another building which minimizes view impacts and noise.
• The Mercado Del Rio project on Pusch View Lane has all of the automotive uses segregated at
one end of the project where noise and visual impacts can be mitigated against the other uses in
the project. The automotive uses have mitigated noise impacts by selective placement of bay
doors and the use of screen walls.
•
TOWN OF ORO VALLEY
OWN COUNCIL STAFF REPORT Page 5
In sum, the proposal provides more building than lot 3 should contain given the location and the various
traffic turning movements in the adjacent PAALs. It is understood that the original master plan for the
site called for some kind of fast food restaurant with a drive through on the site; however, even through
that use would generate more traffic than the tire store - the foot print of the building would be smaller
and noise woiuld not be an issue, and there would not be the visual impacts of the bay doors.
GENERAL PLAN COMPLIANCE:
The General Plan designates this property as Commercial, which allows for the proposed automotive use in a
commercial center. The General Plan in Goal 1.2 is to promote a compatible mix of mix of land uses
throughout the Oro Valley Planning Area. This goal would imply that compatibility should also exist within
projects.
PUBLIC NOTIFICATION AND COMMENT:
All property owners within 600 feet of the site have been notified of the public hearing in accordance with State
Statute and the Oro Valley Zoning Code Revised. At the time of this report, only one comment has been
,eived. The on-site Wells Fargo Bank has indicated by letter (attached) that they have no objection to this use.
ANNING AND ZONING COMMISSION ACTION:
Planning and Zoning Commission held a duly noticed Public Hearing on this matter on May 3, 2005 and
oted by a majority(5-0) to recommend denial based as follows:
Commissioner Bistany moved to recommend that the Town Council deny OV8-04-10,
Conditional Use Permit for Fletchers Tire Store, located on lot 3 of the Oro Valley Retail Center
on the southwest corner of Tangerine Road and First Avenue, finding that the use is
incompatible with the existing and proposed uses for the site. Commissioner Manross seconded.
FACTORS FOR:
1. It is a conditionally permitted use within the zoning district.
FACTORS AGAINST:
1. The building size is inappropriate for the lot.
2. The use is incompatible with the existing and proposed uses within the project.
3. Traffic circulation around the proposed use creates conflicts with other traffic movements within the site.
4. Noise is a factor. The bank building to the west is in direct line of all noise from air wrenches.
5. The building is within the sight visibility triangle for the north/south and center east/west PAAL.
6. The Planning and Zoning Commission recommended denial.
7. The proposal does not comply with Genera Plan polices that emphasized the need for compatible uses.
SUGGESTED MOTIONS:
I move to deny Ordinance 05- , Conditional Use Permit for Fletchers Tire Store located on lot 3 Oro Valley
Retail Center finding that the use is incompatible with the existing and proposed uses within the project.
OR
TOWN OF ORO VALLEY
OWN COUNCIL STAFF REPORT Page 6
I move to adopt Ordinance 05- , Conditional Use Permit for Fletchers Tire Store located on lot 3 Oro Valley
Retail Center, subject to the conditions listed in Exhibit A attached, herewith.
OR
I move to adopt Ordinance OS , Co nditional Use Permit for Fletchers Tire Store located on lot 3 Oro Valley
Retail Center, subject to the conditions listed in Exhibit A attached herewith and the following added
conditions:
Attachments: c
1. Ordinance (0)05-
1?
2. Exhibit A
3. Site Plan
4. Noise Study
5. Letter from Wells Fargo Bank
/0`Ar1"
Plannin Zonng Administrator
Community evelopment Director
Town Mana -r
cc: Frank Bangs
Lewis and Roca
Fax 879-4701
F:\OV\OV 8\2004\8-04-10\Reports\TC.RPT.doc
ORDINANCE (0) 05- f
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, REQUEST FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY (TIRE STORE)
WITHIN THE ORO VALLEY RETAIL CENTER (LOT 3) LOCATED ON THE SOUTHWEST
CORNER OF TANGERINE ROAD AND FIRST AVENUE, PARCEL 224-02-170A
WHEREAS, Gerald Kesler Architects representing Fletchers Tire and Auto, requests approval of a
Conditional Use Permit (CUP) to construct an auto repair facility on Lot 3 of the Oro Valley Retail
Center with an underlying zoning of C-2 Commercial; and
WHEREAS, such proposed use is a Conditional Use within the C-2 zoning district; and
WHEREAS, the Planning and Zoning Commission reviewed the CUP at a duly noticed Public Hearing
on May 3, 2005 in accordance with State Statutes and having made its recommendation of denial to the
Town Council; and
WHEREAS, the Oro Valley Town Council has duly considered the CUP request and the Planning and
Zoning Commission's recommendation at a Public Hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF ORO VALLEY:
•
SECTION 1: That the Conditional Use Permit for an automotive service use located on Lot 3 of the Oro
Valley Retail Center is approved effective on the date of satisfaction of the conditions in Exhibit A..
SECTION 2: That this ordinance and the various parts thereof are hereby declared to be revocable. If
any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be
unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 15th day
of June, 2005.
ATTEST: Paul H. Loomis, Mayor
Kathryn Cuvelier, Town Clerk
APPROVED AS TO FORM
Melinda Garrahan, Town Attorney
EXHIBIT A
CONDITIONS OF APPROVAL
OV8-04-10
1. The following design solutions shall be made part of the Development Plan subject to DRB
review:
• Extend the building on the north side to wrap in a manner to obscure view from
Tangerine Road.
• Construct a six (6') foot wall from the end of the building running south and returning at
the center PAAL. A five (5') foot landscape area on the outside of the wall with
overlapping tree canopy at maturity.
• Place the entrance to the service area on the center east/west PAAL at the end of the
Fletchers building.
• The building to slide north to remove the southern end out of the site visibility triangle.
2. Service Bay doors shall be closed except for the moving of vehicles in and out.
3. No auto service activity(storage, repair or sales) shall take place outside of the building. This
requirement shall be added as a General Note to the Development Plan for Lot 3.
4. No outside speakers may be used, and if interior speakers are used, they shall not be audible
from adjacent residential properties. This requirement shall be added as a General Note to the
Development Plan for Lot 3.
\_., - I � i�1° ��
QU.NE R:CJ CT INRO pE VELOPE`�7 I ON R: ARCHITECT:
EVERGREEN-TANGERINE L.F. FLETCHER'S TIRE AND AUTO GERALD R KESLER.INC.2%0
2920 E.CAMELBACK P.O. 2228 West Northern Ave. East Northern Ave.Suite A-103 g
Suite 100,Phoenix,AZ 8501E Suite BIOI,PI oentx,AZ 8502! Phoenix,AZ 85028 .I
Contact:Roxanne Fields Contact:Jerry Kesler Contact:Jerry Kesler o o e
Phone:(602)808-13600 Phone:(602)311-4902 Phone:(602)311-4902
Fax: (602)808-9100 Fax: (602)331-3633 Fax (602)331-3633 Y
!STING gxg
a�LL
VEWAY PROJECT NARRATIVE
THIS PROJECT 15 LOCATED SOUTH AND WEST OF THE INTERSECTION OF TANGERINE RD.AND N.1ST
AVE.ON AN UNDEVELOPED PAD SITE. THE SITE 15 ZONED C2 FOR COMMERCIAL USE.
WE PROPOSE TO CONSTRUCT A SINGLE STORY,BLOCK AND STUCCO BUILDING CONSISTENT WITH
EXISTING BUILDINGS ON SITE. SERVICE BAYS ARE ORIENTED AWAY FROM PUBLIC STREETS AND
ARE SCREENED FROM ADJACENT PROPERTIES WITH SCREEN WALLS. AUTOMOTIVE SERVICES
INCLUDE BUT ARE NOT LIMITED TO TIRES,BRAKES,SHOCKS,LUBE,OIL AND FILTER AND GENERAL
VEHICLE MAINTENANCE AND REPAIRS NOT REQUIRING THE USE OF AN OPEN FLAME.
\IN 11,'W
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•- PARCEL NO.I:
j' A PORTION OF-BLOCK I OF TANGERINE HILLS AS RECORDED IN BOOK 33 OF MAPS,PAGE 30 IN THE
OF0 � OFFICE OF THE RECORDER OF PIMA COUNTY,ARIZONA,SECTION ITOWNSHIP 2 SOUTH,RANGE 13 AST,OF THED AND SALT RIVER BASE AND
ATED IN THE NORTHEAST UARTER
EXISTING <� MERIDIAN,PIMA COUNTY.ARIZONA.MORE PARTICULARLY DESCRIBED AS FOLLOWS: p-�..
0WELLS FARGO 2
t COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK I OF TANGERINE HILLS AS RECORDED IN L
jj BOOK 33,PAGE 30,IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY,ARIZONA, 1
`I rj Q `� w THENCE SOUTH 89 DEGREES 51 MINUTES 55 SECONDS EAST,ALONG A LINE THAT 15 PARALLEL TO
®®® D 0 AND 15.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION!,FOR A
Q r l DISTANCE OF 242.28 FEET TO THE POINT OF BEGINNINGS
<` T 9__Y�, THENCE CONTINUING SOUTH 89 DEGREES 51 MINUTES 55 SECONDS EAST,ALONG THE LINE THAT IS (�
PARALLEL TO AND 15,00 FEET SOUTHERLY OF THE NORTH LINE OF SAID NORTHEAST QUARTER OF
\ --- N2 in
:<, 1 i-, • ) ..0 _ SECTION I,FOR A DISTANCE OF 144.16 FEET'
o
®�!J s' tv vs THENCE SOUTH 00 DEGREES 02 MINUTES 05 SECONDS WEST,FOR A DISTANCE OF 281.95 FEET,. c ,�
O THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST,FOR A DISTANCE OF 144.16 FEETS AO.� �
.0 < THENCE NORTH 00 DEGREES 02 MINUTES 05 SECONDS EAST,FOR A DISTANCE OF 288.04 FEET TO 1
+ )
--- _ •1` Q, ZCI
• THE POINT OF BEGINNING. n`
4,)
� _
•
PARCEL NO.2: +t
A NON-EXCLUSIVE EASEMENT FOR DRAINAGE,PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS }
AS SET FORTH IN THAT CERTAIN'DECLARATION OF EASEMENTS,COVENANTS,CONDITIONS AND
�_ RESTRICTIONS'RECORDED IN DOCKET 11435,PAGE 5288 AND AS FIRST AMENDED IN DOCKET 11934,
PAGE 1811.
1
\ •
��
0(-2 PARCEL NO.3:
NON-EXCLUSIVE EASEMENTS FOR DRAINAGE,PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS AS
I SET FORTH IN THAT CERTAIN COMMON OPERATION AND RECIPROCAL EASEMENT AGREEMENT'
! RECORDED IN DOCKET 11435,PAGE 5311,AS FIRST AMENDED IN DOCKET 11934.PAGE I824 AND
/ t. SUPPLEMENT NO.I RECORDED IN DOCKET 11951,PAGE 289. in �_
`y -
a� >�
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(liE)
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- ZONING: G-2(EXISTING-)
\ a L. 1\ LEGAL: LOT 3,PARCEL NO.I OF TANGERINE HILLS BLOCK ONE LOCATED NEAR I
•
y ` THE SOUTH EAST CORNER OF TANGERINE RD.AND N.IST AVE.
A PORTION OF PARCEL NUMBER 224-02-I10A 9 �76 WISER --- Q
•
- - CDSITE AREA: 41,150.E 5.F. 0341 _---
I
.958 ACRES DATE
�.��.I_■ [ �T BUILDING AREA: 5,681 S.F. -GROSS AT GRADE 2/16/2005
-� _ _ 500 5.F. -PIT
- a •+ - - 6181 5.F.-TOTAL REVISION
! �, .��� --:--____a_zu.5-'/-56"W(R&M) SITE COVERAGE: NE (ALLOWABLE)_ ---
�� \ -- - BUILDING HEIGHT: TOWER = 24'-B' (WHICH 15 10%OF THE BUILDING FOOT PRINT)
BUILDING = 21'-4'
DIAMOND TREE NTER
0 - I A 7-,_-_j BUILDING OCCUPANCY: M
J�}� CONSTRUCTION TYPE: V-SPRINKLERED
IT P�{ it PARKING REQUIRED: PER ORO VALLEY PLANNING AND ZONING SEC.11-106 TBL.11-2 5b SHEET TITLE
GINREQ.I SPACE PER COMPANY VEHICLE W Site Plar.
SCALE:1'=20'-0' REQ.2 SPACES PER WORK BAY REQ.2 SPACES PER WORK BAY
PROVIDED PARKING: TOTAL OF 10 WORK BAYS= 20 REQ.SF.
NO COMPANY VEHICLE= 0 REQ.SP. SHEET NUMBER
PROVIDED SPACES PROVIDED
ES. L0 SF. c
I
ALL DESIGNS.PLAN,DRAWING,AND SPECIFICAib.S ARE THE PROPERTY OF GERALD R.KESLER.INC.AS INSTRUMENTS Of SERIACE AND nun NOT RE USED FOR ANY PURPOSE WITHOUT THE WRITTEN CONSENT OF GERALD R.KESLER.INC. 243E
LEWIS
AND
ROCA Memorandum May 31, 2005
LLP
LAWYERS
44527-00001
To: From:
Bob Conant Keri L. Silvyn
Re: Fletchers Noise Issues
Attached is a Fletcher's commissioned noise study for its site on Happy Valley Road in
Phoenix, Arizona. Noise levels were measured at the entrance to the open bay doors at various
times in a normal workday. We have provided this study for your information, and want to
explain how the results apply to the site in Oro Valley.
The fax cover page explains the measurement method, and the normal maximum noise
limits for both residential and commercial property lines. The noise level measured 60 feet from
the open shop doors was 58.3 db. Each time you double the distance from the open shop doors,
the noise level drops 6 db without any sound barriers (ie: wall). If walls are added, depending on
the type of wall, the noise level would drop even more dramatically. The analysis provided
below does NOT take into account any noise barriers, which will be provided on site.
The noise generated within the Fletcher's service bays measures approximately 58.3 db at
the west lot line of Lot 3 (east of Wells Fargo). At 120 feet (the middle of the Wells Fargo
building), the noise would measure 52.3 db. At 243 feet, the westernmost edge of the Wells
Fargo parking lot, the noise would be 47.3 db, and at the westernmost property line of the
shopping center adjoining residential uses the noise would measure approximately 45 db. The
maximum normal residential noise limits are 55 db during the day and 50 db during the evening.
Therefore, Fletcher's noise generation at the nearest residential property line, without taking into
account the additional noise barriers, will be below the maximum noise levels for residential
areas.
To put these readings in perspective with other noises, 40 db would be the level of sound
of birds singing at a distance. 50 db is the level of noise typically found in the open areas of an
office. 60 db is the level of conversation between individuals of 3 feet, while the level of
conversation at a one feet distance would be 70 db.
KLS
. f
1930 N.22nd Ave.,Phoenix,AZ 85009
Phone:602.340.0660 WCAIOn Cue, Inc.
Fax:602.340.0060
Acousti Report
To: Fletcher's Tire/Auto,2960 E. Northern From: Bruce Wardin
Ave., Phoenix,AZ
-c/o Jim Gibbany
Fax: 602.331.3633 Date: April 16,2004
Phone: 602.371.4902 Pages: 6
Re: Sound Study for the Fletcher's ire/Auto CC: -
site at 6515 W. Happy Valley Road
Phoenix,AZ
❑ Urgent xFor Review 0 Please Comment 0 Please Reply 0 Please Recycle
•GENERAL:
• The purpose of this Sound Study: is to provide sound measurement data that will confirm
Fletcher's Tire/Auto compliance with normal established noise code limits, as follows:
o Measurement Method: LAN;is the"A"weighted sound pressure level averaged over
the measurement period. The time period for these measurements is 15 minutes,the
meter running at the digital rate of 48,000 samples per second. This massive amount
of data is then averaged for each measurement period. This measurement method
produces a very high degree of accuracy.
o Normal Maximum Residential Noise Limits:
a Day time 55 dBA
■ Night time 50 dBA
o Normal Maximum Commercial Noise Limits=
• Day time 65 dBA
• Night time 60 Dba
1
TEST POSITIONS:
• Test-#-1 is at the nearest residential property line, on the far side of the area drainage wash.
The microphone test position is as follows:
O 210'south of Happy Valley Road.
o *01 east of Fletcher's open shop door.
• Test-#-2 is at the closest commercial (Fletcher's) property line, adjoining the area drainage
wash, on the near side. The microphone test position is as follows:
O 210'south of Happy Valley Road.
O 60'east of Fletcher's open shop door.
TEST RESULTS:
• Test-#-1 L, (15)= 56.8 dB (See Exhibit A-1 &A-2)
o Comments:
• The high percentage of this noise measurement is generated from the traffic
on Happy Valley Road.
■ Any noise that reaches this test position from Fletcher's operation is well
within acceptable levels and is far below the Happy Valley Roadway noise.
■ Note: This Test level is slightly above recommended Residential Standards
(55 dBA). In the opinion of WCA, to lower this residential site noise might
require sound barrier walls along Happy Valley Road.
• Test-#-2: L, (15)= 58.3 dB (See Exhibit B-1 &B-2)
o Comments:
■ The high percentage of this noise measurement is generated from the traffic
on Happy Valley Road.
• This Test result confirms that Fletcher's operation does not violate
normal commercial noise standards.
WCA-Bruce Wardin
2
LAeq 16Mar2004
0001.S3B yr;..F,i`1;f'.,,.,,,:� >_::.a°,t'+*m,a;4,.=Ar,.s:
03/16/200410:34:52 AM 10:49:52 AM �'� ,.i •'? v
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11111 LAeq s LAFMax all LAFMin
Cursor:(A) Leq=56.8 dB LFMax=81.1 dB LFMin=37.7 dB
0001.S3B
% Based on LAF(Inst),10nis Class width:0.2 dB 03/16/200410:34:52 AM-10:49:52 AM
100 L1 = 60.4 dB
I L5 60.4 d6
__......--_....._.._._ - .------- _.-._--- f L10 = 57.4 dB
I I L50 = 50.3 dB
i ;
.Y ) L90 = 43.2 dB
I
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42 44 46 48 50 52 54 56 58 60 dB
Level -------Cumulative
Cursor:[50.2;50.4[dB Level:1.4% Cumulative:50.5%
LAeq 16Mar2004
Ooo1.s3g �Lii4t16,At ILO" 4 A
H
Instrument: 2260
Application: BZ7210 version 1.0
Start Time: 03/16/2004 10:34:52 AM
End Time: 03/16/2004 10:49:52 AM
Elapsed Time: 0:15:00
Bandwidth: 1/3 Octave
Peaks Over: 130.0 dB
Range: 31.0-111.0 dB
Time Frequency
Broad-band measurements: S F I A C
Broad-band statistics: F A
Instrument Serial Number: 2168605
Microphone Serial Number: 2143038
Input: Microphone
Pol. Voltage: 0 V
S. I. Correction: Frontal
Calibration Time: 04/30/2002 10:47:41 AM
Calibration Level: 93.8 dB
Sensitivity: -27.1 dB
ZF0023: Not used
0o01.S3B
Start Elapsed Overload LAeq LApk(MaxP) No. LCpk(MaxP) No,
time time [%1 [dB] LdB] of Apeaks [dB] of Cpeaks
Value 0.0 56.8 93.5 0 90.9 0
Time 10:34:52 AM _ 0:15:00
Date 03/16/2004
LASMax LASMin LAFMax LAFMin
[dB] [dB] [dB] [dB]
Value 78.0 39.0 81.1 37.7
Time
Date
LAeq 16Mar2004
0002.S3B ' '"' T � ' , 4"FIN
dB 03/16/2004 11:02:10 AM-11:17:10 AM .- 4 .,11. . • ,
110_ _ _ ..._...____..._
__ _ _ .._.._..__ - _......................--------1
90-r _ -......._..._....._.........._____..-...-._..-.... -
80---._ ___............_.._._»___
70
50
40 _...
30-
20
16 31.50 63 125 250 500 1000 2000 4000 8000 A C Hz
IMO LAeq INN LAFMax ® LAFMin
Cursor:(A) Leq=58.3 dB LFMax=87.0 dB LFMin=48.1 dB
0002.83B
% Based on lAF(Inst),10ms Class width:0.2 dB 03/16/2004 11:02:10 AM-11:17:10 AM
100 . --� L1 = 66.7 dB
• I L5 = 62.1 dB
11 L90 - 50.9 dB
80 ..,_......_.._.......__ -
; L95 50.4 d B
' L99 - 49.3 dB
I
} r
30- - _.-. ..i i
i
t--'- i i 7 i i i i
49 50 51 52 53 54 55 56 57 58 dB
Level --- Cumulative
Cursor:[53.2;53.4[dB Level:2.6% Cumulative:62.0%
LAeq 16Mar2004
0002.S3B 1' , r,17,1 }� r
� y�y FY�� ( '3
k
(,gyp .�
Instrument: 2260
Application: BZ7210 version 1.0
Start Time: 03/16/2004 11:02:10 AM
End Time: 03/16/2004 11:17:10 AM
Elapsed Time: 0:15:00
Bandwidth: 1/3 Octave
Peaks Over: 130.0 dB
Range: 31.0-111.0 dB
Time Frequency
Broad-band measurements: S F I A C
Broad-band statistics: F A
Instrument Serial Number: 2168605
Microphone Serial Number: 2143038
Input: Microphone
Pol. Voltage: 0 V
S. I. Correction: Frontal
Calibration Time: 04/30/2002 10:47:41 AM
Calibration Level: 93.8 dB
Sensitivity: -27.1 dB
ZF0023: Not used
0002.S3B
Start Elapsed Overload LAeq LApk(MaxP) No. LCpk(MaxP) No.
time time [%] [dB] [dB] of Apeaks [dB] of Cpeaks
Value 0.0 58.3 97.7 0 101.4 0
Time 11:02:10 AM 0:15:00
Date 03/16/2004
LASMax LASMin LAFMax LAFMin
[dB] [dB] [dB] [dB]
Value 80.5 49.3 87.0 48.1
Time
Date
Wells Fargo Bank,National Association
Corporate Properties Group-Negotiations
Virglitt 100 W. Washington,Suite 1430
MAC#S4101-140
Phoenix,AZ 85003
Leo J. Bauman,Vice President
602-378-6431 (office)
602-378-4532(facsimile)
February 21,2005 FEB 2 8 2005
Via Facsimile (520) 742-1022 and US Mail
Mr.Robert M.Conant,Jr.
Senior Planner
Town of Oro Valley
Planning and Zoning
11000 N.La Canada Dr.
Oro Valley,AZ 85737
Re: SWC First Avenue and Tangerine Road
Fletcher's Tire&Auto
Dear Ivir.Conant:
Evergreen Devco,Inc.and Fletcher's Tire&Auto.Inc.have made Wells Fargo aware of a proposed Fletcher's Tire
&Auto to be constructed east of our bank branch located at 1"Avenue&Tangerine Road. They wanted to make
sure that the development of the Fletcher's was visually satisfactory to Wells Fargo.
I have seen the site plan for the Fletcher's Tire&Auto,as well as the rendering of the planter barrier between their
building and our bank branch. Not only is Wells Fargo satisfied with the location of the planter barrier,we think
that it looks attractive and are appreciative of the care that Fletcher's has taken with the design.
We appreciate Evergreen and Fletcher's asking for our opinion.
Sincerely,
Leo Bauman,Vice President
Wells Fargo Corporate Properties Group
cc: Roxanne Fields,Evergreen Devco, Inc.(via facsimile(602)808-8600)
Gerald Fletcher,Fletcher's Tire&Auto,Inc.(via facsimile(602)246-2357)
Dave McMullin,Wells Fargo Project Manager
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 3-110 of the Oro Valley Zoning Code Revised,NOTICE OF
PUBLIC HEARING REGARDING A REQUEST FOR A CONDITIONAL USE PERMIT, IS
HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY,JUNE 15, 2005
PLACE: Oro Valley Town Hall
Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING—ORDINANCE (0) 05- , OV8-04-10, GERALD KESLER
ARCHITECTS, REPRESENTING FLETCHERS TIRE AND AUTO, REQUESTS
APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOT 3 OF
THE ORO VALLEY RETAIL CENTER AS AN AUTOMOTIVE SERVICE AND
REPAIR FACILITY, LOCATED ON THE SOUTHWEST CORNER OF
TANGERINE ROAD AND FIRST AVENUE, PARCEL 224-02-170A PORTION
The applicant seeks approval of a conditional use permit to establish a Fletchers Tire
Store. The building, is approved, would consist of tire sales, repair and installation. The
zoning is C-2 Commercial.
Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda
for the meeting will be made available 24 hours prior to meeting time and viewed at
www.townoforovalley.com. A full description and maps area available during normal business hours at
the Oro Valley Town Hall, Development Services Building, 11000 N. La Canada Drive, Oro Valley,
Arizona. Should you have any questions regarding this matter, please contact Robert Conant at 229-
4800 or bconant@orovalley.net.
4,Y71/2 --
Bayer Vella, AIC P
Senior Planner Posted: 5-18-05
Time: 1:30 p.m.
By: sg
F:\OV\OV8\2004\8-04-10\Notices\TC.NOTICE.doc
F:\OV\OV 8\2004\8-04-10\Notices\TC.NOTICE.doc
Now
SON Q?
Town Of Oro Valley �• M s� � r���
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11000 N. La Canada r .15
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Oro Valley, AZ 85737 '' "''r''��'
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A - -di:" MAILED FROM ZIP CODE 85737
PHOENIX._ = (OCR re] t5' 08:44
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224020710
MALDONADO CAESAR R.&ANA V JT/RS
11860 N JOI DR
TUCSON AZ
85737-0000
MAY2 � ��,�,�
Town Of Oro Valley �ON Q .�-- 'r: IREFTmmrs FEW M
11000 N. La Canada
NEVI,n i
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AZ Valley, v •Y •; L
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• MAILED FROM ZIP CODE 85737
PHO N/ , Ale., (OCR :F$ t15/2 08,44
224020610
BRANIN W DUFF&LANPHERE MILETTE JT/RS
11811 N ROBI PL
ORO VALLEY AZ
85737-0000
s� ? lii IS IIIIIIi II II IIII II3 IIIIIII IIS i I If IIIIII#III
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA )
) ss.
COUNTY OF PIMA )
Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
Notice of Public Hearing
OV8-04-10, Gerald Kesler Architects, et al
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 20th day of May 2005
and the last publication thereof was made on the 20th day of May 2005 ;
that said publication was made on each of the following dates, to-wit:
05/20/05
at the Request of: Town of Oro Valley
by .. Legal Advertising Manager
Subscribed and sworn to b or me)his 20th day of May 2005 .
/�
JAM!F C. MACIAS ` )` (�/'
kANotary Public-Arizona 'Nota Public in and for the County of Pima, State of Arizona
;V Pima County
Expires 0404/08
My commission expires:
MAY 20, 2005 The Daily Territorial PAGE 15
NOTICE IS HEREBY GIVEN that a peti- publication, you may obtain a copy of Tucson, Community Services Depart- SECTION 2.That this ordinance and rected to perform all acts necessary or
Hearingtion has been filed in the above-named the Notice of Hearing and First ment prior to authorizing submission of the various parts thereof are hereby de- desirable to give effect to this ordi-
Court, together with a document pur- Amended Dependency Petition by sub- a request for release of funds. Corn- dared to be revocable. If any section, nance.
Ot I GASN porting to be the last Will of decedent, miffing a written request to: RANDI E. mentaries should specify which part of sub-section, sentence, clause, word or PASSED, ADOPTED, AND AP-
requesting that the Will be admitted to ALEXANDER, PO Box 43264, Tucson, this Notice they are addressing. phrase of this ordinance is,for any rea- PROVED by the Mayor and Council of
probate and that Letters of Personal RELEASE OF FUNDS son, held to be unconstitutional, such the City of Tucson, Arizona, April 26
property within 300 feet of the rezoning, Representative be issued to RACHEL Arizona,85733. The City of Tucson, Community Serv- holdings shall not affect the validity of 2005.
1 • substantial change or specific plan file M.ESCOBEDO. 6. A request for reasonable accommo- ices Department certifies to U.S. De- the remaining portion of this ordinance. (s/MAYOR ATTEST:/s/CITY CLERK
written protests, an affirmative vote of Hearing has been set to consider the dation for persons with disabilities must partment of Housing and Urban Devel- PASSED AND ADOPTED by the Mayor APPROVED AS TO FORM: /s/ CITY
three fourth(3/4)of all members of the petition on the$day of June,2QQ$,at be made to the court by parties at least opment that Robert Walkup, in his ca- and Council of the Town of Oro Valley, ATTORNEY REVIEWED BY: /sJ CITY
Board of Supervisors will be required to 9:30 o'clock a.m., before the probate three(3)working days in advance of a pacify as Mayor,consents to accept the Arizona this May 4th,2005. MANAGER MWLM:dc 04/25/2005
approve the rezoning, substantial Judge/Commissioner, Hon. Douglas schedule court proceeding and can be jurisdiction of the Federal Courts if an Paul H. Loomis, Mayor ATTEST: ADOPTED BY THE MAYOR AND
change or specific plan. Written ap- Mitchell, Pima County Courthouse, lo- action is brought to enforce responsibili- Kathryn Cuvelier, Town Clerk AP- COUNCIL April 26.2005
made by calling(520)740-2000
provals or protests may be filed with the cated at 110 W. congress Street, Tuc- ties in relation to the environmental re- PROVED AS TO FORM Tobin Si- City Clerk File Note:DD:nb:rm 05/03/05
Pima County Development Services son,Arizona 85701. DATED this 26th day of April,2005. view process and that these responsi- dles,Acting Town Attorney This document reflects revisions made
Department, Planning Division, 201 N. DATED this 27 day of April, 2005. /s/ RANDI E.ALEXANDER Guardian ad bilities have been satisfied.U.S.Depart- EXHIBIT A on April 25,2005 to the ordinance and
Stone Avenue, 2nd Floor, Tucson, AZ RACHEL M.ESCOBEDO Litem for Minor ment of Housing and Urban Develop- OV8.04-09 corrections to pages 51 and 85 of Ex-
85701,or with the Clerk of the Board of PUBLISH:The Daily Territorial PUBLISH:The Daily Territorial ment's approval of the certification satis- CAR WASH FACILITY hibit A adopted at the Mayor and Coun-
Supervisors. May 6,13,20,2005 Apr.29;May 6,13,20,2005 fies its responsibilities under NEPA and 1. A minimum 5' high masonry screen cil meeting of April 26,2005.
This is not a complete agenda and does hrmendoza/pb20050534 o.t hrruiz/168484 j.w related laws and authorities,and allows wall must be provided along the west CITY CLERK NOTE: Exhibits/Attach-
not reflect the order in which cases will the Esperanza en Escalante to use Pro- side property line, commencing at the ment(s) to Ordinance 10147 can be
be heard. Please call 740-6800 one gram funds. southwest corner of the dumpster area viewed in the City Clerk's Office, 9th
week prior to the Hearing for the correct Public OBJECTIONS TO RELEASE and terminating adjacent to the car Floor City Hall, Monday through Friday
agenda order. Publicly noticed items HEARING NOTICE OF FUNDS wash tunnel entrance. Vegetation must from 8:00 a.m.and 5:00 p.m. (holidays
may be continued during the Board's IN THE SUPERIOR COURT OF THE ``�+es U.S.Department of Housing and Urban be provided on the outside of the wall to excepted), 255 W. Alameda, Tucson,
meetings. If an item is moved from the STATE OF ARIZONA IN AND FOR Development will consider objections to soften views. Arizona.
• Public Hearing date noted above to a THE COUNTY OF PIMA its release of funds and the City of Tuc- PUBLISH:The Daily Territorial PUBLISH:The Daily Territorial
future date, the new date will be an- NOTICE OF PROPOSED son, Community Services Department May 19,20,23,24,2005 May 18,19,20,2005
pounced at the above noticed meeting. JUVENILE COURT AMENDMENTS TO THE LOCAL
certification for a period of(15)days fol- pnord005-16 a.s pnord10147 a.s
The Board HearingRoom is wheelchair In re the Matter of: RUIZ, MONIQUE RULES OF PRACTICE FOR THE
lowing the anticipated submission date
accessible, Assistive ListeningDevices dob: 3-5-91 NO. J168484 FIRST UNITED STATES DISTRICT COURT
or its actual receipt of request, which-
are available, and closed captioning is AMENDED NOTICE OF HEARING DISTRICT OF ARIZONASales
p g Pursuant to Local Rules of Civil Proce- ever is later,only if it is one of the fol- PUBLIC NOTICE
available on cable television. The fol- Hon.Suzanne Cuneolowing bases: (a) the certification was
dure 83.9, the District of Arizona is This ordinance becomes effective on:
lowing services are available upon prior TO: MATTHEW RUIZ not executed by the Certifying Officer or +1���
request(ten workingdays)at the Clerk seeking input from the bar and the pub- May27,2005. of
q Y) Address Unknown other officer of the City of Tucson,Corn-
of the Board:Agenda materials printed lic regarding proposed amendments to ORDINANCE NO.10147
g 1. Petitioner has filed a First Amended munity Services Department approved
in Braille or largeprint;a signer for the its Local Rules of Practice. Comments RELATING TO ZONING: AMENDING
g g Dependency Petition pursuant to A.R.S. on all pendingproposedby U.S.Department of Housing and Ur- NOTICE OF SALE
hearing impaired. amend- ban Development; (b)the City of Tuc- ZONING DISTRICT BOUNDARIES IN AT PUBLIC AUCTION AND
§8-201 et.seq. ments are due to the Court by June son, Community Services Department THE AREA LOCATED AT THE NOTICE TO PAY TO AVOID SALE
MODIFICATION 2. The Court has set an Initial Depend- 30,2005. New proposals for considers- has omitted a step or failed to make a NORTHEAST CORNER OF HOUGH- Notice is hereby given that on the$day
(SUBSTANTIAL CHANGE) ency hearing on the 1st day of June, tion during the next cycle of Local Rule TON AND BILBY ROADS IN CASE
amendments are due byAugust 31, decision or finding required by HUD of JUNE 2005, at 9:00 o'clock A.m.,
OF REZONING CONDITION: 2005, at 8:30 a.m., before the Honor- g regulations at 24 CFR Part 58; (c)the C9-05-02, CIVANO MASTER PAD - PRINCE SELF STORAGE, located at
2005. grantrecipientparticipants in HOUGHTON ROAD, SR, R 1, R-2, 455 E PRINCE TUCSON AZ, the fol-
CO. CORONA INVESTMENT able Suzanne Cuneo of the Pima or other
CO.-SNYDER ROAD A summary of all pending proposed OCR-2, C-2, I-1, AND PAD-6 TO
County Superior Court, Juvenile Court the project have committed funds or in- lowing property will be sold Auction:
Request of John and Nannon Roosa, amendments, along with the complete curved costs not authorized by24 CFR PAD-12; REPEALING ORDINANCES DESCRIPTION
Center, 2225 East Ajo Way, Tucson, 7697 AND 8971; AMENDING ORD-
text of each amendment and instruc-
represented by Gene Goldstein Archi- Arizona, 85713, telephone (520) Part 58 before approval of a release of LOCKER# NAME OF PROPERTY
tect(Andrew L.Qges).,to modify rezon p lions for submitting any comments,are funds by U.S. Department of Housing NANCES 8970, 9143 AND 9919; AND 165 CARTER Pictures,Fan,Misc
740-2000,for the purpose of determin- available on the court's website at
ing condition 14 of rezoning Co9-91-07 and Urban Development;or(d)another SETTING AN EFFECTIVE DATE. 346 McCARTHY PC,Furn,Ham-
ing whether any parent or guardian www.azd.uscourts.gov. This informa- BE IT ORDAINED BY THE MAYOR
Corona Investment Co. - Snyder Road Federal agency acting pursuant to 40 mock,Misc
Rezoningto allow buildingof a retainingnamed herein is able to properly care tion may also be obtained from the AND COUNCIL OF THE CITY OF TUC- pur-
wall CFR Part 1504 has submitted a writtenThe Auction and Sale will be held and a patio outside the designated for the above-named children. Clerk, U. S. District Court, 401 W. finding that the project is unsatisfactory SON,ARIZONA,AS FOLLOWS: suant to the rental agreement and
building envelope. The subject site is 3. You have a right to appear as a Washington St., in Phoenix,or 405 W. from the standpoint of environmental SECTION 1. The zoning district A.R.S.33-1604,and any other applica-
lot 16 of Ventana Ridge Subdivision and partyin this proceeding.Your failure to Congress St.,in Tucson. Also available quality. Objections must beprepared boundaries in the area located at the ble Arizona Statute for satisfying the
q tY J fY 9
it is approximately 19,511 square feet, appear personally in court without good are instructions for submitting new pro and submitted in accordance with the northeast corner of Houghton and Bilby lien of Prince Self Storage on said prop
rezoned from SR (Suburban Ranch pro-
posals. 58) Roads are herebyamended from SR, rty,
cause shown may result in a finding that required procedures (24dCFR Part e which includes rr unpaid rent, late
Zone)to CR-2(Single Residence Zone) PUBLISH:The Daily Territorial and shall be addressed to U.S.Depart- R-1, R-2, OCR-2, C-2, I-1, and PAD-6 charges and costs incurred to date.
you waived your legal rights and have May6,20;Jun.3,10,17,24,2005 ment of Housing and Urban Develop-
. to PAD-12 as shown on the attached To avoid this sale, payment IN FULL,
in 1991 and is located on the north side
admitted to the allegations in the peti- pnlocalrulesamend a.s mapmarked Ordinance No. 10147. All
of Snyder Road,approxmately 1/2 mile ment, Office of Community Planning including all late charges and costs plus
west of Sabino Canyon Road. The tion.In addition,if you fail to personally and Development, at Arizona State Of- development with PAD-12 shall be in additional unpaid rent and charges to
Planning and Zoning Commission rec- appear in court without good cause five, 1 N. Central Avenue, Suite 600, substantial compliance with the Civano date of payment,must be received prior
ommends APPROVAL (9 - 0). Staff shown, the hearing may go forward in COMBINED NOTICE OF FINDING OF Phoenix,Arizona 85004. Potential ob- Master PAD dated April 7, 2005, to the date of sale. Landlord will not
recommends APPROVAL.(District 1) your absence and may result in an adju- NO SIGNIFICANT IMPACT jectors should contact U.S. Department adopted by the Mayor and Council April proceed with the sale if payment IN
DONE BY ORDER OF THE PIMA dication of dependency, termination of AND INTENT TO REQUEST RE- of Housing and Urban Development to 26, 2005, and attached hereto as Ex- FULL is made in CASH or MONEY OR-
COUNTY BOARD OF SUPERVISORS LEASE OF FUNDS hibit"A"and Section 2 hereof.
your parental rights or the establish- verify the actual last day of the objection DER only,prior to date of sale.
THIS 16TH DAY OF MAY, 2005. ment of a permanent guardianship May 20,2005 period.Robert Walkup, Mayor, City of SECTION 2. All new development DATED 5/17/05 By: MARY JO HOR-
TELEPHONE: PUBLIC WORKS - DE- City of Tucson Community Services De- Tucson. within PAD-12 shall comply with the Re- TON MGR. for PRINCE SELF STOR-
based upon the record and the evi-
VELOPMENT SERVICES- PLANNING partment PUBLISH:The Daily Territorial vised Civano IMPACT System for Sus AGE
DIVISION 740-6800 dence presented to the court.Proceed- 310 N Commerce Park Loop May 20,2005 tainable Development as implemented PUBLISH:The Daily Territorial
PUBLISH:The DailyTerritorial ings to terminate parental rights can Tucson,AZ 85745 in the Revised Civano Memorandum of
pnfonsirofcdbgfunds j.m May 20,27,2005
May 20,2005 also occur based upon the grounds set (520)791-4123 Understanding included as Exhibits 7 sljun3unit165 o.t
hrJun7corona a.s forth in A.R.S.§8-533.If the Court deter- This Notice shall satisfy the above-cited and 8 in the Revised Civano Develop-
mines that efforts to reunify a parent or two separate but related procedural no- ment Agreement adopted by the Mayor
guardian with a child would not be rea- tification requirements. PUBLIC NOTICE and Council on December 8, 2003 in NOTICE OF SALE
NOTICE OF HEARING sonable,the Court is not required to or- OREQUEST FOR RELEASE OtF FUNDS ORDINANCE NO.(0)05-16 Resolution 19741. AT PUBLIC AUCTION
SUPERIOR COURT OF ARIZONA, der reunification services pursuant to Tucson or about June 6,Services tse City to- AN ORDINANCE RIO THE TOWN SOT SECTION o3 Ordinance it on97, Octadoober
NOTICE IS HEREBY GIVEN that the
Community Depart- ORO VALLEY, ARIZONA, REQUEST by the Mayor and Council on October
PIMA COUNTY A.R.S.§8-846. ment will authorize the Esperanza en FOR A CONDITIONAL USE PERMIT 7,1991 and Ordinance 8971, adopted undersigned intends to sell the personal
In the Matter of the Estate of IRENE Y. 4. You are entitled to have an attorney Escalante to submit a request to the FOR A CAR WASH FACILITY WITHIN by the Mayor and Council on October property described below to enforce a
MENDOZA,aka IRENE YBARRA MEN- present at the hearing. You may hire U.S.Department of Housing and Urban LOT 11 OF MERCADO DEL RIO COM- 20, 1997, are repealed. Ordinance lien imposed on said property under the
DOZA, Date of birth:October 23, 1927 your own attorney,or if you cannot af- Development for the release of CDBG MERCIAL SUBDIVISON, LOCATED 8970,adopted by the Mayor and Coun- Arizona Revised Statutes, Chapter 15,
Deceased. No. PB 20050534 NOTICE ford an attorneyand want to be re re- funds under Title II of the ON THE NORTH SIDE OF PUSCH Gil on October 20,1997,and Ordinance
OF HEARING ON PETITION FOR rep re-
9143,adopted bythe Mayor and Coun-
The 33 undersigned
706.
sented byattorney, one maybe a Cranston-Gonzalez National Affordable VIEW LANE WEST OF ORACLE P Y
FORMAL PROBATE AND APPOINT- Y P Housing Act,as amended,to undertake ROAD,PARCEL 224-28-143A cil on October 12, 1998, are amended The undersigned will sell at public sale
MENT OF PERSONAL REPRESENTA- pointed by the Court. to conform to this Ordinance.Ordinance by competitive bidding on and after the
TIRE(ForPublication) 5 If you are receivingthis Notice b a project known as the Esperanza en WHEREAS, John Reddell Architects,
y Escalante Multipurpose building,for the on behalf of the Oro Valley Car Wash, 8970, the conditions thereto and Ordi- day of June 2005,at 10:00 A.M.on
NOTICE OF PUBLIC HEARING construction of a building to be used by requests approval of a Conditional Use nance 9143 remain in full force and ef- the premises where said property has
BEFORE THE ORO VALLEY TOWN COUNCIL Esperanza en Escalante,the non-profit Permit (CUP) to construct a car wash fect except to the extent any portion been stored and which are located at
In accordance with ARS 9-462 and Section 3-110 of the Oro Valley Zoning Code agency. The project location is 3700 S. facility within lot 11 of Mercado Del Rio thereof is superceded by the terms and American Self Storage,510 W.Limber-
Revised, NOTICE OF PUBLIC HEARING REGARDING A REQUEST FOR A Celle Polar,Tucson,Arizona,85730,in with an underlying zoning of C-2,Corn- conditions of this Ordinance.Ordinance lost Drive, Tucson, Arizona, County of
Pima County. The requested amount of mercial;and 9919,adopted by the Mayor and Coun- Pima,State of Arizona,the following:
CONDITIONAL USE PERMIT,IS HEREBY GIVEN: Gil on December 8,2003,is amended to
TIME: at or after 7:00 p.m.on WEDNESDAY,JUNE 15,2005 CDBG funds for the project is WHEREAS, the Planning and Zoning Unit Number -50,672&738
PLACE: Oro Valley Town Hall $67,000.00. Commission reviewed said CUP re- delete the condition established in Sec- Description of property to be sold:Misc.
FINDING OF NO SIGNIFICANT quest at a duly noticed Public Hearing tion 1. Section 2 of Ordinance 9919
Council Chambers IMPACT on March 1, 2005, in accordance with shall remain in full force and effect ex household, Speakers, TV, Mattress
11000 North La Canada Drive The City of Tucson, Community Serv- State Statutes, and having made its cept to the extent any portion thereof is set-Queen, 2 Printers. Rugs. Monitor
Oro Valley,Arizona ices Department has determined that unanimous recommendation of ap- superceded by the terms and conditions Tool Boxes. Golf Clubs. 2-Mt. Bikes.2
SUBJECT: PUBLIC HEARING - ORDINANCE (0) 05- , OV8-04-10. GER- theproject will have no significant im- of this Ordinance. Dressers
ALD KESLER ARCHITECTS, REPRESENTING FLETCHERS TIRE AND p J 9 proval with conditions to the Town
pact on the human environment. Council;and SECTION 4.Notwithstanding any provi- Purchases must be paid for at the time
AUTO. REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DE- Therefore, an Environmental Impact WHEREAS,the Oro Valley Town Coun- sion of the Tucson Code, no grading, of purchase in cash only. All purchased
VELOP LOT 3 OF THE ORO VALLEY RETAIL CENTER AS AN AUTQMO-
TIVE SERVICE AND REPAIR FACILITY. LOCATED ON THE SOUTHWEST Statement under the National Environ- Gil has duly considered the CUP request grubbing, filling, excavation, construc items sold as is where is and must be
CORNER OF TANGERINE ROAD AND FIRST AVENUE. PARCEL mental Policy Act of 1969(NEPA)is not and the Planning and Zoning Commis- lion, or other physical alteration of the removed at the time of sale. Sale sub-
required. Additional project information sion's recommendation and conditions site in furtherance of the project con-
224-02-170A PORTION is contained in the Environmental Re at a Public Hearing and finds that it is templated by this ordinance shall occur ject to cancellation in the event of settle-
The applicant seeks approval of a conditional use permit to estab- view Record (ERR) on file at City of consistent with the Town's General prior to the effective date of the PAD 12 ment between owner and obligated
lish a Fletchers Tire Store. The building, is approved, would consist of tire sales, a
repair and installation.The zoning is C-2 Commercial. Tucson, Community Services Depart- Plan,and other Town ordinances; zoning classification. P rtY
Members of the public are invited to this meeting and will be given an opportunity ment, 310 N. Commerce Park Loop, NOW, THEREFORE, BE IT OR- SECTION 5. This ordinance becomes Dated this 23 and 27 day of May.2005
to speak. An agenda for the meeting will be made available 24 hours prior to Tucson, Arizona, 85745, and may be DAINED BY THE MAYOR AND TOWN effective thirty (30) days after it is PUBLISH:The Daily Territorial
examined or copied weekdays from COUNCIL OF THE TOWN OF ORO adopted by the Mayor and Council and May 20,27,2005
meeting time and viewed at www.townoforovalley.com. A full description and g:00 a.m.to 5:00 m. VALLEY: is available from the City Clerk.
maps area available during normal business hours at the Oro Valley Town Hall, p sljun3 o.t
PUBLIC COMMENTS SECTION 1.That the CUP for the car SECTION 6. The provisions of this or-
Development Services Building, 110 N. La Canada Drive, Oro Valley, Arizona. Any individual, group, or agency dis- wash facility located within lot 11 of dinance, including the attached condi-
Should
Should you have any questions regarding this matter, please contact Robert agreeing with this determination or Mercado Del Rio be granted per Article tions, cannot be given effect individu-
Conant at 229-4800 or bconant@orovalley.net /s/ Bayer Vella, AICP Senior ARIZONA
Planner. wishing to comment on the project may 3-2 of the Oro Valley Zoning Code Re- ally, and to this end, the provisions of STATE LAND DEPARTMENT
submit written comments to the City of vised (OVZCR) and that all applicable this ordinance and the attached condi-
PUBLISH:The Daily Territorial 1616 WEST ADAMS
Tucson, Community Services Depart- development standards of the OVZCR tions are not severable.
May 20,2005 ment. All comments received by June and the conditions attached as Exhibit SECTION 7. The various City officers PHOENIX,ARIZONA 85007
hrov8 04 10 j.m 6,2005 will be considered by the City of "A"shall apply thereto said property. and employees are authorized and di-
AUCTION
411)
JUN 1 4 r." DISTRIBU ` :u f :
June 13,2005 I' MAYOR f2j TOWN MANAGER
,111 FILE , COUNCIL
Mayor Paul Loomis a DEPT HEADS •
OTHER
Vice-Mayor Barry Gillaspie t,�� � I' -
Council Member Paula Abbott
-r J (yam.
Council Member Kenneth Carter
Council Member Conny Culver
Council Member Helen Dankwerth
Council Member Terry Parish
Re: Public Hearing,Ordinance(0)05-.0V8-04-10,Gerald Kesler Architects,Fletchers Tire and Auto
Dear Mr.Loomis,
My husband and I respectfully request that this permit be denied. We live on Joi Drive,which lies behind
the proposed area of development.
An open-air facility such as Fletchers Tire and Auto will no doubt be a noise problem. I drove to the
Fletchers on Oracle road and listened to the amount of noise it generates. Car doors and hoods slamming,
radios playing,electric tools being used all day long to remove tires. These noises will be heard quite
clearly in my house.
Needless to say,my husband and I hope we don't have to move because of this. We are really expecting the
worst.
Please do all that you can to reject this request. A closed-building business is much better suited to our
neighborhood. Fletchers will generate too much noise to preserve our peace and quiet. And,by law,we are
entitled to a peaceful neighborhood.
Thank you,
Rachael and Tom Martin
Oro Valley,AZ 85737
(
.
LEWIS Phoenix Office Tucson Office Las Vegas Office Albuquerque Office
40 North Central Avenue One South Church Avenue 3993 Howard Hughes Parkway 201 Third Street NW,19's Floor
AND Phoenix.Arizona 85004-4429 Suite 700 Suite 600 Albuquerque.New Mexico 87102
ROC .\ Telephone(602)262-5311 Tucson,Arizona 85701-1611 Las Vegas,Nevada 89109 Telephone(505)764 5400
�("� Facsimile (602)262-5747 Telephone(520)622-2090 Telephone(702)949-8200 Facsimile (505)764-5480
L L P Facsimile (520)622-3088 Facsimile (702)949-8398
LAWYERS
Keri L.Silvyn
Direct Dial:(520)629-4438
Direct Fax:(520)879-4721
E-Mail:KSilvyn@lrlaw.com
Admitted in Arizona =
Our File Number 44527-00001
VIA E-MAIL AND
FIRST CLASS MAIL
June 13, 2005
Mayor and Town Council
Town of Oro Valley
c/o Kathryn E. Cuvelier, CMC
Town Clerk
Town of Oro Valley
11000 North La Canada Drive
Oro Valley, Arizona 85737-7015
Re: Fletcher's Tire Center CUP OV8-04-10
Dear Mayor and Town Council:
Our firm represents Evergreen Devco, Inc. ("Evergreen"),the owner of the undeveloped
portions of the shopping center at the southwest corner of North First Avenue and Tangerine
Road proposed to be subdivided as Lots 1, 2 and 3 of Oro Valley Retail Center(the "Center"),
which is the subject of an application for development plan/tentative plat approval (the
"Development Plan")filed by Diversified Partners,Inc. ("Diversified") and scheduled to be
considered by Town Council on June 15, 2005. We also represent Fletcher's Automotive
("Fletcher's), the applicant for the subject conditional use permit to allow an automotive use on
Lot 3 of the Center(the "CUP"). The CUP is also scheduled for consideration by Town Council
on June 15. On behalf of Fletcher's and Evergreen, we request that the CUP application be
withdrawn. We understand that Diversified's request for Development Plan approval for the
Center will be considered on the June 15 agenda, with the deletion of the proposed Fletcher's
Tire Center on Lot 3.
A Master Development Plan for the larger shopping center(the "MDP")was approved by
Town Council in 2000. The MDP clearly contemplates a convenience use on Lot 3. The first
page of the MDP indicates there will be two convenience uses in the larger shopping center: the
existing Walgreen's and a drive-thru restaurant on Lot 3. The MDP's parking calculations, the
list of uses and the depiction of the buildings all contemplate show a drive-thru restaurant on
Lot 3. Although proposed changes to the commercial provisions of the Oro Valley Zoning Code
Revised include financial institutions as a"convenience use," such uses were not considered a
convenience use at the time the MDP was approved and therefore the existing Wells Fargo Bank
179324.2
Oro Valley Mayor and Council
LEWIS Oro
13, 2005 Page 2
AND
ROCA
LLP
LAWYER S
does not count toward the two convenience uses approved on the MDP. Consequently,it is
likely that Evergreen will in the near future propose a use for Lot 3 as contemplated in the MDP.
Please feel free to contact me if you have any questions.
Sincerel ,
•
Ken L. Silvyn
KLS/kls/sdl
cc: Mr. Jerry Fletcher
Mr. Gregg Alpert
Mr.Tim Dollander
Ms. Elizabeth Gaston
(All via e-mail)
179324.2
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
JUNE 15, 2005
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
** (Due to the volume of items to be covered by the Town Council, the Agenda was
split between a 5:30 p.m. Special Meeting and the 6:00 p.m. Regular Meeting) **
REGULAR SESSION AT OR AFTER 6:00 P.M.
CALL TO ORDER 6:58 P.M.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Barry Gillaspie, Vice Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Terry Parish, Council Member
EXECUTIVE SESSION AT OR AFTER 6:00 PM
MOTION: A MOTION was made by Vice Mayor Gillaspie and SECONDED by
Council Member Dankwerth to go into Executive Session at 6:58 p.m. for the following
purpose:
1. Pursuant to ARS 38-431.03(A)(3), (A4) & (A)(7), Consultation with the Town
Attorney for Legal Advice, discussion and consultation with the Town Attorney
in order to consider Council's position and instruct its attorneys regarding the
pending litigation and possible settlement in: First American Title Insurance Co.,
a California Corp., as trustee under Trust#9062; First American Title Insurance
Company, a California Corp., as trustee under Trust#9086; Lancelot Overland
LLC, an Arizona Limited Liability Company; Monterey Homes Construction Inc.,
an AZ Corp; First National Bank of AZ; County of Pima, unknown owners and
claimants; and heirs and devisees of the above named defendants, if deceased
#C2004-6184
2. Pursuant to ARS 38-431(A)(1) & (A)(3) Consultation with the Human Resources
Director regarding employment agreement negotiations with Town Engineer
candidate and consultation with the Town Attorney for Legal Advice.
Mayor Loomis announced that in addition to the Town Council,the Town Manager, the
Town Clerk and the Town Attorney, Human Resources Director Jeff Grant would be
present in Executive Session for Item 2.
MOTION CARRIED, 7—0.
06/15/05 Minutes,Council Regular Session 2
RESUME REGULAR SESSION AFTER 7:00 P.M.
CALL TO ORDER 7:22 P.M.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Barry Gillaspie, Vice Mayor
Paula Abbott, Council Member
K.C. Carter, Council Member
Conny Culver, Council Member
Helen Dankwerth, Council Member
Terry Parish, Council Member
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Town Manager Chuck Sweet reviewed the upcoming meetings and events. He also
announced that the Town Hall and Library would be closed on July 4th for the holiday.
Mr. Sweet then introduced and welcomed the Town's new Water Utility Director, Philip
Saletta.
COUNCIL REPORTS—No reports.
DEPARTMENT REPORTS—No reports.
TOWN MANAGER'S REPORT—No report.
ORDER OF BUSINESS: At the request of members of the Council, Mayor Loomis
changed the agenda as follows: Item 5, Item 8, Item 1, Item 7, with the remainder of the
Agenda to follow as posted.
CALL TO AUDIENCE— No speakers.
5. PUBLIC HEARING—ORDINANCE NO. (0)05-29 ADOPTING A
CONDITIONAL USE PERMIT TO DEVELOP LOT 3 ORO VALLEY RETAIL
CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY,
LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND
FIRST AVENUE,A PORTION OF PARCEL 224-02-170A
MOTION: Council Member Culver MOVED that the Town Council approve the
applicants request to withdraw the Conditional Use Permit application. Council Member
Parish SECONDED the motion. Motion carried, 7—O.
06/15/05 Minutes,Council Regular Session 3
8. DISCUSSION AND/OR POSSIBLE ACTION ON A PROPOSED
ORDINANCE AND POSSIBLE DIRECTION TO TOWN STAFF,ALL RELATED
TO:
• INCREASING THE SIZE OF ALL BOARDS, COMMISSIONS,
COMMITTEES, ADVISORY BOARDS AND TASK FORCES TO SEVEN
(7) MEMBER
• IMMEDIATELY CHANGING THE SELECTION PROCESS FOR SUCH
MEMBERS SO THAT EACH COUNCIL MEMBER IS RESPONSIBLE
FOR APPOINTING A SINGLE MEMBER TO EACH BOARD,
COMMISSION, COMMITTEE,ADVISORY BOARD AND TASK FORCE,
WITH THE TERM IN OFFICE OF EACH APPOINTEE TO RUN WITH
THE TERM OF THE APPOINTING COUNCIL MEMBER
MOTION: Council Member Dankwerth MOVED to SUSPEND the Town Council's
Rules and Procedures and Robert's Rules of Order. Council Member Parish
SECONDED the motion. Motion carried, 5 —2,with Mayor Loomis opposed as he felt
there was no rationale for the suspension and Council Member Abbott opposed as she felt
debate on the items would have been appropriate.
MOTION: Council Member Dankwerth MOVED to REMOVE Items 8 (8A, 8B, and
8C) from the Agenda and proceed to the next Item. Council Member Parish
SECONDED the motion.
DISCUSSION: Council Member Dankwerth stated that she felt that if the Council
changes the present method of appointment for the Town's Boards and Commissions,the
Council would be creating a situation where they would have political appointments and
she felt that was not good for Oro Valley. She stated that the current appointment
process works well and there are methods in place to address problems if they should
arise. Council Member Dankwerth stated that part of the identity of Oro Valley is the
spirit of volunteerism and changing the process would be contradictory to that spirit.
Further discussion followed regarding the Town's volunteers and their hard work, Oro
Valley's volunteer appointment procedures work, do not make this a political
opportunity, healthy debate on the items is appropriate, and disappointment expressed in
the manner in which this item was brought forward.
CALL FOR THE QUESTION: Council Member Parish Moved and Council Member
Culver Seconded. - Call for the Question, carried 5—2, with Mayor Loomis and Council
Member Abbott opposed.
MOTION to eliminate all of Item 8 (8A, 8B, & 8C),CARRIED, 6— 1,with Mayor
Loomis opposed.
06/15/05 Minutes,Council Regular Session 4
8A. RESOLUTION NO. (R)05-36 SUPPLEMENTING THE REVISED TOWN
COUNCIL RULES & PROCEDURES AND CODE OF CONDUCT OF
THE ORO VALLEY TOWN COUNCIL BY STRIKING "APPENDIX B—
AMENDED" 01/21/04 AND ADOPTING "APPENDIX B—6/15/05
AMENDMENT" CONCERNING THE APPOINTMENT PROCESS OF
TOWN OF ORO VALLEY VOLUNTEERS TO BOARDS,
COMMISSIONS, COMMITTEES,ADVISORY BOARDS AND TASK
FORCES; AND IMMEDIATELY SETTING THE MEMBERSHIP OF ALL
BOARDS, COMMISSIONS, COMMITTEES,ADVISORY BOARDS AND
TASK FORCES NOT OTHERWISE SET BY TOWN CODE OR
ORDINANCES AT SEVEN (7) MEMBERS AND PROVIDING FOR EACH
COUNCIL MEMBER TO APPOINT ONE OF THE MEMBERS ON EACH
SUCH BODY, WITH THE TERM OF APPOINTMENT TO COINCIDE
WITH THE TERM OF OFFICE OF THE APPOINTING COUNCIL
MEMBER; AND PROVIDING FOR THE IMMEDIATE REMOVAL OF
ANY CURRENTLY SERVING OR APPOINTED MEMBERS NOT SO
SELECTED
8B. ORDINANCE NO. (0)05-28 AMENDING THE TOWN OF ORO VALLEY
TOWN CODE, SECTION 3-5-1, PLANNING AND ZONING
COMMISSION; SECTION 3-5-4,DEVELOPMENT REVIEW BOARD;
SECTION 3-5-5, BOARD OF ADJUSTMENT; SECTION 3-6-2,
(ADVISORY BOARDS) TERM OF OFFICE AND MEMBERSHIP; AND
SECTION 3-6-3, EXTENSION OF TERM OF ADVISORY
BOARD; IMMEDIATELY SETTING THE MEMBERSHIP OF EACH
BODY AT SEVEN (7) MEMBERS AND PROVIDING FOR EACH
COUNCIL MEMBER TO APPOINT ONE OF THE MEMBERS ON EACH
BODY, WITH THE TERM OF APPOINTMENT TO COINCIDE WITH
THE TERM OF OFFICE OF THE APPOINTING COUNCIL MEMBER ;
AND PROVIDING FOR THE IMMEDIATE REMOVAL OF ANY
CURRENTLY SERVING OR APPOINTED MEMBERS NOT SO
SELECTED.
8C. DISCUSSION AND/OR POSSIBLE ACTION DIRECTING THE TOWN
MANAGER AND THE TOWN ATTORNEY TO BRING FORWARD ON
THE TOWN COUNCIL AGENDA FOR JULY 20,2005, ORDINANCES
AND/OR RESOLUTIONS REVISING THE MEMBERSHIP AND
PROCESS FOR THE APPOINTMENT OF MEMBERS TO THE
FOLLOWING BOARDS AND COMMISSIONS SO AS TO BE
CONSISTENT WITH THE MEMBERSHIP AND APPOINTMENT
PROCESS SET FORTH IN RESOLUTION NO. (R) 05-_AND
ORDINANCE NO. (0) 05-_: THE MUNICIPAL PROPERTY
CORPORATION; THE INDUSTRIAL DEVELOPMENT AUTHORITY;
THE STORM WATER UTILITY COMMISSION; AND THE WATER
UTILITY COMMISSION.
06/15/05 Minutes,Council Regular Session 5
1. PRESENTATION OF STATUS OF RECLAIMED WATER SYSTEM
PROJECT
Ron Williams, CH2M-HILL, reviewed an overhead map and pictures of Phase I of the
Reclaimed Water System Project and updated the Council on the progress of the project.
He reported that the pipeline installation is 96%complete which includes 52,000 feet of
pipeline. He explained that the Reservoir Booster Pump Station is about 80% complete
and should be finished August 1st. Mr. Williams further reported that the Thornydale
Booster Pump Station is 95% complete and it is anticipated that it will be completed by
July 1st.
7. CONSIDERATION AND/OR POSSIBLE ACTION REGARDING
DIRECTION TO THE HOLIDAY PARADE COMMITTEE
Governmental and Community Relations Administrator Bob Kovitz updated the Council
on the Holiday Parade Committee's work. He reported that their discussions have
included: possible parade routes,timing of the parade,entry costs, and other issues such
as the length of the parade and number and types of entries.
Further discussion followed regarding the appropriate routes, staging areas, suggested
date of Saturday, December 10t" so the High School bands can participate, creating
opportunities for businesses and responding to something that the Town's citizens feel is
important.
MOTION: Vice Mayor Gillaspie MOVED to direct staff to place$2,000 in the Budget
for final adoption and to direct the Committee to have some more resolute information
for the Council at that time. Council Member Parish SECONDED the motion.
Council Member Carter asked that the December 10t"date be included in the motion.
Vice Mayor Gillaspie did not accept the amendment.
MOTION CARRIED, 6— 1,with Mayor Loomis opposed.
2. RESOLUTION NO. (R)05-33 ADOPTING THE TENTATIVE ESTIMATES
OF THE AMOUNTS REQUIRED FOR THE FISCAL YEAR 2005/2006 AS A
TENTATIVE BUDGET; SETTING FORTH THE RECEIPTS AND
EXPENDITURES/EXPENSES FOR THE FISCAL YEAR 2005/2006; GIVING
NOTICE OF THE TIME FOR HEARING TAXPAYERS AND FOR ADOPTING
THE BUDGET FOR THE FISCAL YEAR 2005/2006; PROVIDING FOR THE
CONTINGENCIES; PROVIDING FOR THE USE OF FUNDS; SETTING THE
LOCAL ALTERNATIVE EXPENDITURE LIMITATION FOR FISCAL YEAR
2005/2006; AND, DECLARING AN EMERGENCY
Finance Director David Andrews explained that approval of Resolution(R)05-33 would
adopt the Town's tentative budget for fiscal year 2005/2006 and set the local expenditure
limitation. He explained that once the limitation is set,expenditures for the year may not
06/15/05 Minutes,Council Regular Session 6
exceed that amount; however, the Council does have the discretion to make changes to
the budget prior to the final adoption (scheduled for July 20th.) Mr. Andrews reported
that there are a few "parking lot" items including the Oro Valley Police Officer's
Association(OVPOA)proposal,the Greater Oro Valley Arts Council(GOVC)proposal,
and the Municipal Operations Center which have not been included in the budget as
presented.
Mr. Andrews reported that the tentative budget is in an amount of$92,994,260 and is
balanced with the following revenues and other financial resources:
Revenues $51,442,864
Proceeds from Issuances of Bonds $ 3,500,000
Cash Reserves $38,051,396
He explained that these revenues will pay for the following Town services: Police
Department, Streets & Roads Maintenance, Development Services, Library Services,
Parks& Recreation, Public Transportation(Coyote Run), Water Utility, Stormwater
Utility, Magistrate Court, Administration, Municipal Debt Services, Capital
Improvements Projects, and Contingency Reserves.
Mr. Andrews further reported that the budget contains: a net increase in staffing of 13.93
positions, a cost of living adjustment(COLA) of 2.3% (effective on July 1, 2005),
provides for step increases for eligible commissioned police department personnel and up
to a 4%merit increase for other Town employees effective on the employee's annual
review date. He also reviewed the Capital Improvements Projects and the Water Utility
Capital Improvement Projects included in the budget.
In response to a question from Council Member Abbott, Mr. Andrews stated that the park
in-lieu fees are included in the General Fund Contingency in a separate line item. He
explained that these fees can be identified and tracked.
Council Member Dankwerth recused herself from discussion of GOVAC's proposal (and
any related action) as her husband is the treasurer of GOVAC. (Council Member
Dankwerth left the room during the discussion regarding GOVAC's proposal.)
Mayor Loomis opened the floor for public comment.
Satish Hiremath, 10863 N. Pomegranate Drive, President of GOVAC, explained that
their request for an increase for funds from the Town would not be used for program
funding. He stated that it would be used for seed money to help hire a
Marketing/Development Director and Public Relations Director plus help with
fundraising efforts. He further explained that GOVAC's 50%would be raised by
increased Friends' contributions,major gifts from the General Public, a massive
Corporate Sponsorship program will be launched, and they will be adding additional
fundraisers. Mr. Hiremath reported that their request for funding from the Town has
gone down over the years,but without the full funding as requested from the Town, their
ability to do all the things presented would be seriously hampered.
06/15/05 Minutes,Council Regular Session 7
(Dick Eggerding, 13401 N. Rancho Vistoso Boulevard and Alan Dankwerth, 11515 N.
Flying Bird, supported Mr. Hiremath's comments.)
Discussion followed regarding the request from GOVAC for additional funding
($51,178), $133,200 is currently included in the existing proposed budget for GOVAC,
including the additional monies and review separate line items before the final budget is
approved, GOVAC has provided enough rationale for the additional request, and
GOVAC's support of the community.
MOTION: Council Member Parish MOVED to APPROVE fully funding GOVAC's
request. Council Member Abbott SECONDED the motion.
DISCUSSION: Vice Mayor Gillaspie clarified that even when the additional funding for
the positions goes away, the Town would still be involved in funding GOVAC's
programs in the future. He stated that this furthers the Towns visions and goals as the
General Plan recognizes the Town's support of the arts,tourism,recreation, etc.
Mayor Loomis asked to amend the motion to add performance criteria whereby GOVAC
shows the Town what they have received in funding, and then the Town would provide
the 50% match. Council Member Parish did not accept the amendment.
Council Member Carter commented that he would not support this motion as the budget
was not balanced and the extra funding was not appropriate at this time.
MOTION CARRIED, 4—2 with Mayor Loomis and Council Member Carter opposed.
Mayor Loomis recessed the meeting at 8:25 p.m. The meeting resumed at 8:33 p.m.
(Council Member Dankwerth returned to the meeting.)
MOTION: Vice Mayor Gillaspie MOVED to APPROVE Resolution(R)05-33, adopting
the Tentative Budget for Fiscal Year 2005/2006 and setting the Local Alternative
Expenditure Limitation for fiscal year 2005/2006 in the amount of$92,994,260 plus an
additional $6 million for the Municipal Operations Center for a total Tentative Budget
and Local Expenditure Limitation of$98,994,260. Council Member Parish SECONDED
the motion. Motion carried, 7—0.
3. PUBLIC HEARING—RESOLUTION NO. (R)05-34 ADOPTING THE ORO
VALLEY GENERAL PLAN UPDATE 2020 AS AMENDED ON MAY 20, 2005
AND ADOPTING THE STRATEGIC IMPLEMENTATION PLAN AS
AMENDED ON MAY 20, 2005 TO BE EFFECTIVE UPON THE RATIFICATION
OF THE ORO VALLEY GENERAL PLAN BY THE ORO VALLEY
ELECTORATE
Community Development Director Brent Sinclair reviewed the General Plan Update
process to date.
06/15,'05 Minutes,Council Regular Session 8
Planning and Zoning Administrator Bryant Nodine then reviewed the items brought
forward from the June 8th Study Session:
STRATEGIC IMPLEMENTATION PLAN
• The policies that are implemented by both LU.8 (Land Use) and other action
items are highlighted in yellow. Only Policy 1.5.5 (densities within activity
centers) was not included within other action items. It has been added to CT.16
and 17 (Circulation& Transportation Actions.)
• Another reference to "mixed use"was found in Action Item H.5. (Housing
Actions.) This is highlighted in green for the Council's consideration.
• An action item AHR.4 (Archaeological&Historic Resources) has been added to
create a historic and cultural overlay district with standards and design guidelines.
• The policies references have been reviewed and corrected to align with action
items.
MAPS
• Figure 2 has been revised to improve the colors and delete references to the 1996
General Plan.
SIGNIFICANT RESOURCE AREAS (SRA)
• A discussion of the designation of specific areas with the SRA overlay has been
added to the Background Report for the Land Use Element.
U.S. FISH AND WILDLIFE LETTER
• Responses to the U.S. F&W letter(only issues identified within the letter are
addressed):
o Pg. 3,p. 1 - The need for transitions and buffers to open space is identified
in a number of policies particularly those within Goal 11.2 and specifically
Policy 11.2.13.
o Pg. 3,p. 2 - This is addressed by the Open Space Plan program in Goal 1
1.1 and by Policies 11.2.4 and 11.2.8
o Pg. 3,p. 4 -This is included within Policy 3.1.2 (related to economic
contribution of wildlife resources.)
o Pg. 4,p. 3 - Policy 11.2.4 addresses appropriate uses within
environmentally sensitive areas.
o Pg. 5,p. 2 -Critical Habitat and recovery areas are designated as
"essential areas"per Police 11.2.3
o Pg. 5,p. 4 - Buffering of riparian areas is not addressed in Policy 12.1.1, it
is addressed in Goal 11.2.
In response to a question from Council Member Abbott regarding a habitat conservation
plan, Mr. Nodine explained that the General Plan Update provides for the creation of an
Open Space Plan and Open Space Acquisition Plan for the Town. He stated that it also
"calls out" for the designation of key and essential habitats and the regulatory methods to
protect those areas. He stated that these items address the issue of a habitat conservation
plan.
06/15/05 Minutes,Council Regular Session 9
Mayor Loomis commented that the Sonoran Desert Conservation Plan and the Town's
continuing discussions with Marana and Pima County regarding habitat conservation
plans would also help to protect these areas.
Mayor Loomis opened the public hearing.
Ken Scoville, representing Amphitheater School District, 701 W. Wetmore, stated that
they appreciated inclusion of their comments in the General Plan Update.
Jenny Neeley, 302 S Convent Ave.,representing the Coalition for Sonoran Desert
Protection, referenced Section 3.1.3 in the General Plan and stated that it references that
the Town shall pursue annexation of the State land north and east of Sun City and work
with the State Land Department to adopt a conceptual development plan for the area. She
urged the Town to continue to work with Pima County and the Arizona Department of
Transportation on the construction of Oracle Road to ensure that the biological values of
this area are adequately protected.
Robert Rubino, 13878 N. Lobelia Way, stated that Sun City residents are concerned with
the preservation of the Sonoran Desert and wildlife habitat north of the Town. He also
stated that protection of views,providing buffers between Sun City and any possible new
developments, traffic and access to the land were also of concern. He stated that they
were encouraged with the changes made to the final draft of the General Plan Update.
Mayor Loomis closed the public hearing.
At the request of Mayor Loomis, Mr. Nodine explained that Section 3.1.3 (regarding
annexation of the State Land) was added as there were concerns expressed about the
future of the area and the need to develop a plan for the area. He explained that because
of these concerns, the Planning and Zoning Commission recommended that this Section
be added to the General Plan Update. Mr.Nodine then explained that per State law, if
land is designated as open space without the permission of the property owner(in this
case, the State Land Department), the property can be developed as one-unit per acre
overall. Therefore, when the Town was looking at how to create designations and the
need to plan the area, staff looked at ways to avoid the one-unit per acre overall,
particularly in areas that would create a good wildlife corridor and would provide a good
buffer for Sun City.
At the request of Vice Mayor Gillaspie, Mr. Nodine reviewed the Land Use Map
designations including the Significant Resource Area.
Further discussion followed regarding the State Land and working with other entities to
help protect the area, Pima County bond funds, impact to Sun City and the entire Town
whether or not the land is annexed into the Town, General Plan provides a"road map"
for the area, any concerns regarding wildcat development are not rational as it is State
Land and not privately owned, State Land Department has no intention of selling off
small parcels, concerns expressed regarding the process, and timing regarding the
adoption of the General Plan before the November election.
06/I /05 Minutes,Council Regular Session 10
MOTION: Council Member Dankwerth MOVED to ADOPT Resolution(R)05-34
adopting OV 11-01-04, the Oro Valley General Plan Update 2020 as amended on May 20,
2005. Council Member Culver SECONDED the motion.
DISCUSSION: Council Member Abbott stated that she could not support the motion as
she felt the public should have had more time to comment.
Mayor Loomis commented that the General Plan has been in front of the public for a
year. He stated that many comments have been received,the process has been followed,
the 60-day review cycle has been completed,two public hearings have taken place at the
Planning and Zoning Commission, and Section 3.1.3 as added by the Commission was
discussed at great length at the Council's Study Session. He stated that there were plenty
of opportunities for the public to comment on this section and there will be further
opportunities for them to comment. Mayor Loomis stated that the document will
continue to be a"living" document in that it can be revised and amended over time.
Council Member Parish agreed that the public has had the opportunity to comment. He
stated that the Land Use Map has not been changed. He said that the Town will have the
opportunity to work with the State on the development(or lack thereof) of the property
and there will be future opportunities for the public to comment during that process.
Vice Mayor Gillaspie commented that Pima County is not prepared to move on the
property now. He stated that there could be the danger of wildcat development if the land
was sold to a large developer. He said that he felt that the County has the opportunity to
work with the Town and the State if they so choose,but the property was too valuable to
ignore and that it is important that the environmental qualities be protected.
MOTION CARRIED, 6— 1, with Council Member Abbott opposed.
MOTION: Council Member Culver MOVED to ADOPT the Strategic Implementation
Plan (SIP) as amended on May 20, 2005 to be effective upon the ratification of
Resolution (R)05-34 by the Oro Valley electorate. Council Member Parish SECONDED
the motion.
Mayor Loomis asked that the motion be amended to delete SIP LU8. He also asked that
the final phrase of H.5 relating to Mixed Use Neighborhoods("and progress on housing
provisions in Mixed Use Neighborhoods")be deleted.
Council Member Culver and Council Member Parish agreed to delete the final phrase of
H.5 only.
AMENDMENT TO THE MOTION: Mayor Loomis MOVED to AMEND the motion by
deleting SIP LU8 as there is no difference in Complementary Use Districts (CUDs) and
Mixed Use Neighborhoods (MUNs.) Council Member Abbott SECONDED the motion.
06/15/05 Minutes,Council Regular Session 11
DISCUSSION: Vice Mayor Gillaspie stated that there has been much debate regarding
this item and the Planning Commission has suggested that this item be included. He
stated that it is not a policy in the General Plan; it is an action item in the Strategic
Implementation Plan. He stated that a community of our size, looking at future growth,
needs direction on how to proceed.
Mayor Loomis stated that a Complementary Use District is in place within the Planned
Area Developments (PADs). He stated that it does not add more but detracts. It also
provides an additional target for something that was used to defeat the General Plan at the
last election.
Council Member Parish stated that the only additional target that he sees is when a small
group of people change what a large group of people and the Planning Commission have
worked on and developed.
Council Member Abbott urged that the reference to the MUNs be deleted as many people
commented in the past that they did not want this in the Plan. She stated that the concept
is still present in the General Plan and she was concerned how it would be used.
MOTION to amend the motion by deleting SIP LU8 FAILED, 2—5,with Vice Mayor
Gillaspie and Council Members Carter, Culver, Dankwerth, and Parish opposed.
MOTION as AMENDED (by deleting the final phrase of H.5), carried, 5—2, with Mayor
Loomis and Council Member Abbott opposed.
Mayor Loomis recessed the meeting at 9:27 p.m. The meeting resumed at 9:37 p.m.
4. RECOGNITION OF THE GENERAL PLAN UPDATE REVISION
COMMITTEE AND DISBANDMENT OF THE COMMITTEE DUE TO
COMPLETION OF THEIR TASK
MOTION: Council Member Carter MOVED to DISBAND the General Plan Update
Committee as they have fully and completely addressed all elements of their scope of
work. Council Member Dankwerth SECONDED the motion. Motion carried, 7—O.
Community Development Director Brent Sinclair and Mayor Loomis presented
Certificates of Appreciation to the General Plan Update Revision Committee. Members
included: Bill Adler, Carl Boswell, Robert Delaney, Melanie Larson, Rosalie Roszak, Ed
Taczanowsky, Teree Bergman, Don Chatfield,Carl Kuehn,Doug McKee and Pat Spoerl.
06/15/0.5 Minutes,Council Regular Session 12
6. OV12-04-14 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN
AND PRELIMINARY PLAT FOR A COMMERCIAL DEVELOPMENT
LOCATED ON THE SOUTHWEST CORNER OF TANGERINE ROAD AND
FIRST AVENUE, ALSO KNOWN AS THE WALGREEN'S SITE, PARCEL#224-
02-170A
Keri Sylvan, Lewis and Roca, One S. Church Ave., Tucson,representing Diversified
Partners, stated that they were the developers of the remainder of the Oro Valley Retail
Center located at the southwest corner of Tangerine Road and First Avenue. She
reviewed an overhead map of the original Master Plan and explained that the developers
are asking for approval of Phase 3 of the Plan. She reviewed a 50-foot conservation and
buffer area on the south and west sides of the property and stated that they would be
retained. She further explained that the building closest to First Avenue has been
designed to maintain and preserve a large Palo Verde tree as requested by many
neighbors. Ms. Sylvan reported that the public art was constructed as part of Phase 1.
She then reviewed an overhead of Phase 3 and the layout of the proposed buildings and
plaza/pedestrian areas. She stated that they are in agreement with the Conditions as
presented in Exhibit"A" of the staff's report.
Kevin Kerpin, Robert Kubicek Architects, 2233 E. Thomas Road,Phoenix, stated that the
buildings are stucco and are designed in a Santa Fe design to compliment the existing
Walgreens and Wells Fargo Bank buildings. He explained that the buildings' colors are
of beige hues with cultured stone and accent tile, the buildings have varying parapet
heights, and all the shops have covered canopies.
At the request of Council Member Abbott,Ms. Sylvan reviewed the layout of the
proposed buildings and their square footage.
Community Development Director Brent Sinclair reported that the proposal meets the
requirements of the Zoning Code Revised and it will also meet the requirements of the
Tangerine Corridor Overlay District. He explained that Exhibit"A"addresses"clean up"
issues.
MOTION: Vice Mayor Gillaspie MOVED to APPROVE OV12-04-14, Development
Plan/Preliminary Plat for the Oro Valley Retail Center(except Lot 3) subject to the
conditions listed in Exhibit"A"with the following added condition, "The Palo Verde tree
(located near the building closest to North First Avenue) shall not be removed by the
property owners subject to Final Plat adoption."
EXHIBIT A (AMENDED PER MOTION)
O V 12-04-14
1. Bicycle parking shall be provided in the following areas; in front of the Major A
tenant, the plaza between shops B and C and in front of Shops A. The total
number of bicycle parking to be provided is 14 as specified in the 2000 version of
the OVZCR.
06/15/05 Minutes,Council Regular Session 13
2. All conditions of OV8-04-10, shall apply to this Development Plan/Preliminary
Plat.
3. Show a detail of the retaining wall for keynote 13.
4. Show the filter fabric under the rip-rap on the details on sheet 6 for the detention
basin spill ways.
5. Provide an on-site traffic control plan with the first submittal of the improvement
plans for this project. Show all existing and proposed traffic control. Sheet 5 is
inadequate in this regards.
6. Clarify that the developed on-site drainage basin boundaries are correct. The
elevations provided on the development plan depict drainage basin limits
differently than as shown on Figure A of the drainage report.
7. Adjust the PAAL cross slope to a maximum of 4%near the southeast corner of
the Major A pad.
8. Check and clarify dimensions of the RCP storm drain reference by keynote 16.
The stated lengths of the two (2) easternmost linear sections of pipe are not
correct when measured on Sheet 3.
9. Provide first flush treatment design for drainage sub-basin C.
10. Provide a general note stating that building heights are limited to 20 feet relative
to the roadway grade within 100 feet of Tangerine Road and they must meet a 4:1
setback ratio (setback 4 feet for every foot of building height).
11. The Palo Verde tree (located near the building closest to North First Avenue)
shall not be removed by the property owners subject to Final Plat adoption.
Council Member Parish SECONDED the motion. Motion carried, 7—0.
9. FUTURE AGENDA ITEMS
Council Member Culver: Add discussion and/or possible action regarding formally
changing the policies for Boards and Commissions so that the Council Procedures apply
to the Boards and Commission (unless their rules specifically apply to certain
policies/procedures.)
Council Member Culver: Add discussion and/or possible action regarding modifying the
Council's Procedures to "limit debate."
Council Member Culver: Add discussion and/or possible action regarding having a
Council Liaison to the Town's employees.
Mayor Loomis: Add discussion and/or possible action regarding eliminating the Agenda
Committee and having the agenda approved by the Council as the last item on each
meeting's agenda.
06/15/05 Minutes,Council Regular Session 14
10. RECONSIDERATION OF RESOLUTION NO. (R)05-25 AWARD OF
CONTRACT IN THE AMOUNT OF $49,100.00 FOR PROFESSIONAL
ENGINEERING SERVICES TO BERNARD DEUTSCH ASSOCIATES,INC. FOR
THE ORO VALLEY MUNICIPAL SERVICES CENTER
MOTION: Vice Mayor Gillaspie MOVED to RECONSIDER Resolution (R)05-25 as he
felt that it was not properly bid and the Scope of Work had not been properly defined by
the Town Council. Council Member Parish SECONDED the motion. Motion carried, 6
— 1, with Mayor Loomis opposed.
11. DISCUSSION AND/OR POSSIBLE ACTION TO CONTINUE
RESOLUTION NO. (R)05-25 AWARD OF CONTRACT IN THE AMOUNT OF
$49,100.00 FOR PROFESSIONAL ENGINEERING SERVICES TO BERNARD
DEUTSCH ASSOCIATES, INC. FOR THE ORO VALLEY MUNICIPAL
SERVICES CENTER TO A DATE CERTAIN
MOTION: Vice Mayor Gillaspie MOVED to CONTINUE Resolution (R)05-25 to a
Special Session on June 29, 2005. Council Member Parish SECONDED the motion.
Motion carried, 7 —0.
CALL TO AUDIENCE—No speakers.
ADJOURNMENT
MOTION: A MOTION was made by Council Member Parish and SECONDED by
Council Member Dankwerth to adjourn at 10:00 p.m. Motion carried, 7—0.
Respectfully submitted,
Roxana Garrity, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes
of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held
on the_15th_day of June 2005. I further certify that the meeting was duly called and
held and that a quorum was present.
Dated this day of ,2005.
Kathryn E. Cuvelier, CMC
Town Clerk