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HomeMy WebLinkAboutOV80411 MERCADO DEL RIO L.L.C. 1980 East Palisades Road,Oro Valley,Arizona 85737 December 16, 2004, 2004 Forte Equities/Firestone Re: Mercado del Rio Lots # 14 & 15 Gary, This letter authorization is hereby given to you and Firestone's architects, for the purposes of filing for a Conditional Use Permit and Development plan on Lots# 14 & 15 of Mercado del Rio in Oro Valley, per the terms of our Purchase Agreement with Forte Equities. Sincerely, Kit Donley Member Mercado del Rio L.L.C. 'aa?o 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: adu - e, cl 1\01/4. C,0 (X t€S LAX, CONTACT PHONE AND ADD SS: 0 CS D n, I41 2. SITE LOCATION: -ex-calk Q to Lu RA-J/6kt- g5�10 G PROPOS D U E: r CO,o�, S#0� fire o-zc , [�. ( 9v 0 4- Applicant -gna Dalte Case/File Number �IPLI.EY qf,� oco • 4, ' Uc 330 OUNDt_D.191 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: An, k\rYr\ L's , Qrvv A. Project Manager/Dveloper Name: vo, ?, r t Firm: Co (LI(W S � Address: t , -tQ Sultt Ll o City: State: Z Zip: SSIr105 Telephone: a 6• Fax: 9 5-�.`}• O Email: 0 p �20 � �E�bO �ZD a ��nQp -��ac� IN2,� B. Property Owner(s),if more than one owner,attach list. . Name: C )out td. fit,Y\a, Firm: Mt o 1Ds Address: 122- . ROl SO.. ` ACC Lt t City: State: ' 2 Zip: 4 Telephone: Fax: 0 • Email: 0,d . trin• 's!_ S,CD I. C. Subject Property Parcel/Tax Code: a 'i - � )'13 A Legal Description/Property Address: uvi Area of property: tEf� »0 De, 1 t* 44- ExistingZonin : "A• Pro sed Zonin :9 � Proposed 9 Is Proposed Zoning in conformance with General Plan designation? [ ] N/A [vi Yes [ ] No General Plan Designa •on: C•1. Existing Land Use: a,OAX Proposed Land Use: MUkt V , ketulex D. Previous Applications Relating To This Property OV8- OV9- OV10- OV11- OV12- OV13- E. Reason For Request (1,fi n.dii•e4\o L UAL ex Yi:k This application is true and correct to the best of my knowledge. I am the owner of the above desc ' property or have been authorized by the owner to make this application. til 0 11Date Signature F:lAdmin PZIFORMSIShannon Project Subdivision Development HandoutlApplication General.doc 'L _/WN OF ORO VALLEY PLANNING DEPARTMENT 11000 N.LA CANADA DRIVE ORO VALLEY,AZ 85737 PHONE: 229-4800 FAX: 742-1022 RECEIPT ****************************************************************************** REFERENCE NUMBER: DS0400641 RECEIPT #04P00730 SITE ADDRESS: 615 E PUSCH VIEW LN OV TAXCODE: 224-28-143A DATE: 12/30/2004 TIME: 12:19 PM COMP TYPE: MISCELLANEOUS RECEIPT TYPE: DESCRIPTION: CONDITIONAL USE PERMIT APPLICANT: DAVID FINA OWNER: CONQUISTADOR PROPERTIES LLC Notation: Receipt By: SG ******************************************************************************************* SG PAID BY: Type Method Description Amount Payment Check 1669 500 . 00 Payment Check 8669 500 . 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: $ FINA COMPANIES December 27, 2004 Town of Oro Valley Attn: Planning Department 11000 North La Canada Drive Oro Valley, Arizona 85737 Re: Conditional Use Permit Request Mercado Del Rio Lot 14& 15 Our intent for the property is to construct a 46' X 177' 8,143 square foot building for a Bridge Stone Firestone Tenant,which includes 10 automotive service bays. The operation of the tenant is for a tire sales business and an automotive service and repair business, including, without limitation, the sale, service, repair and installation of tires, motor vehicle parts and accessories, oil and its derivatives, automobile supplies and furnishings. Standard hours of operation are Monday through Friday 7:30 am to 6:30 pm, Saturday 8:00 am to 5:00 pm and Sunday Closed. We also request the option to add an additional 1,200 s.f. automotive specialty products and service tenant on the north end of the building. Ie: Specialist Audio Retailer, Safelite Glass Tinting. Architectural details and finishes will resemble the Big 0 Tire building located at 10885 North Oracle,Oro Valley, Arizona 85737. See attached photo. Site Improvements will include a 10' landscape buffer on south, east and north sides of the building and will have 4 to 1 parking ratio. Thank you for your consideration. The Fina Companies,LLC David P. Fina Managing Member DEC 3 0 2004 1800 North Stone, Suite 1105 ■ Tucson, Arizona 85705 USA • ROC# B01-175301 ■ P: 520 795 5600 ■ F: 520 795 2480 ■ W: finaco.net BNiOT, 1.1111�n aitfi■ Mali ■ WS inns h;.,O7N i: u•» K s17.., Nag7e p s I, Mn,, It •:IfPglif 1 Ali A 'fl fir'-� ' v ' - li410*- Irv- '- Ai _ 4 I ' '�. lg. ...'all I 'fi ;.:Ci' ,a'' il 11111---"Trilli."*".."....... 1,.. r ...,,,;ir no IIIIIIinigiai ...ant is '----------. ril „... ir .,,, r.".,,, , -., ,,,,,,,,,,,„,„, 1 SPit, a mist • j ,'31...,,�}^y�, _ 1-�i+4`� ,Ol YLlGI y LL, t A `$17" iwss� ,,. I s y /,', ,,I i gag or 111 ,. , ... If . Jw 7_ y d r+,}t yet n . ,y .RAJ►•'� /c;.'. d 4... z rot. .i,?, 1, 0s_ .i,,q`' 4 1171111ga 0 Til. -P \SEFF r SPECIAL auto siamci `.. LI/BE,OIL CENTER sr-4 K ' &MUIR I tui tal MMtI •x- 46.0.. 1i 7'.gs siaas;arc. �,� is TIF II • V A'/ ./ tail leo rr 'I\ Ritz Carlton Site •-• ; w,,,F4: . _ •,ram . �- T. ' • Aip• ,s- - . .. .� x -. Bashas' Center ,,. .. Rancho Vistoso -= �;...•.>. r -z . 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DEC 20c scaly t x. ra.w.r a seam. wawa . cost LATE x'�1V1 Z-03 2- a,1s a Sr♦11 vat 1n.111A/1.rr.A a.ta.r1.ARaft•.i DATE: 4/09f04 sic T I OF 1 EXHIBIT"A" LEGAL DESCRIPTION That part of Lot 4 and the Southwest Quarter of the Southeast Quarter of Section 12,Township 12 South,Range 13 East,Gila and Salt River Base and Meridian,Pima County,Arizona,lying between the Southerly line of the channel right of way of the Canada del Oro Wash,as described in Deeds recorded in Docket 4364 at page 447 in Docket 7588 at page 663(re-recorded in Docket 7897 at page 1489)and the Northerly line of Pusch View Lane(formerly known as Lambert Lane)as shown on the map recorded in Book 8 of Road Maps at page 57 and described in the Deed recorded in Docket 8529 at page 954,as amended by Abandonment of a portion thereof as described in Resolution recorded in Docket 7977 at page 1402; EXCEPTING THEREFROM any portion within those certain parcels conveyed to the Town of Oro Valley by Deeds recorded in Docket 11897 at pages 4280 and 4285. (JV Arb 34) • 1 2 4 0 7 0 5 2 3 IQldro , Pg:3 of 3 ISSUED BY Commitment For LAWYERS TITLE INSURANCE CORPORATION Title Insurance illLandAmerica Lawyers Title LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or agent of the Company. LAWYERS TITLE INSURANCE CORPORATION Attest: 04suFloce•‘‘, 67/ -/-(//-- Secretary i 9 2 5 ;o President • DISCLOSURE NOTICES Good Funds Law Arizona Revised Statutes Section 6-843 regulates the disbursement of escrow funds by an escrow agent. The law requires that funds be deposited in the escrow agent's escrow account and available for withdrawal prior to disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company in the form of cashier's checks, certified checks or teller's checks, or checks which are made by an affiliate_of a.state. or federally regulated depository institution when the check is drawn on that institution, may be disbursed the same day as deposited. If funds are deposited with the Company by other methods, recording and/or disbursement may be delayed. Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313): We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. PURCHASER DWELLING ACTIONS NOTICE Pursuant to Arizona Revised Statutes Section 12-1363.N, notice is hereby provided to the purchaser of a dwelling of the provisions of Arizona Revised Statutes Sections 12-1361, 1362 and 1363. These statutory sections set forth the requirements to be met by a purchaser prior to bringing an action against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling. "Dwelling" means a single or multifamily unit designed for residential use and common areas and improvements owned or maintained by an association or its members. "Seller" means any person, firm, partnership, corporation, association or other organization engaged in the business of designing, constructing or selling dwellings. The complete statutory sections can be viewed on the Arizona State Legislature's web site: www.azleg.state.az,us/ars/ars.htm, NOTICE` Pursuant to Arizona Revised Statutes 11-480, effective 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 (pica) or larger. b Margins of at least one-half inch along the left and right sides one-half inch across the bottom and at least two inches on top for recording and return address information. c Each instrument shall be no larger than 8 1/2 inches in width and 14 inches in length. Page 2 of 10 Escrow Officer: Cathy Hansen Lawyers Title of Arizona One South Church Suite 1800 Tucson, Az 85701 COMMITMENT FOR TITLE INSURANCE Issued by Lawyers Title Insurance Corporation SCHEDULE A 1. Effective Date: October 26, 2004 at 7:30 a.m. File No.: 02372647 2. Policy or Policies to be issued: ALTA Extended Owners Policy 10-17-92 Proposed Insured: PROPOSED PURCHASER Liability: $1,100,000.00 Policy or Policies to be issued: None Proposed Insured: Liability: $ Policy or Policies to be issued: None Proposed Insured: Liability: $ 3. The estate or interest in the land described or referred to in the Commitment and covered herein is A FEE . 4. Title to the said estate or interest in said land is at the effective date hereof vested in: MERCADO DEL RIO L.L.C., an Arizona limited liability company 5. The land referred to in this Commitment is situated in the County of Pima, State of ARIZONA, and is described as follows: As fully set forth on "Exhibit A" attached hereto and by this reference incorporated herein Title Officer: /BW Typist: s12 Amended: November 18, 2004 No. 1 Page 3 of 10 • File No.: 02372647 EXHIBIT"A" A portion of: That part of Lot 4 and the Southwest Quarter of the Southeast Quarter of Section 12, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying between the Southerly line of the channel right of way of the Canada del Oro Wash, as described in Deeds recorded in Docket 4364 at page 447 in Docket 7588 at page 663 (re-recorded in Docket 7897 at page 1489) and the Northerly line of Pusch View Lane (formerly known as Lambert Lane) as shown on the map recorded in Book 8 of Road Maps at page 57 and described in the Deed recorded in Docket 8529 at page 954, as amended by Abandonment of a portion thereof as described in Resolution recorded in Docket 7977 at page 1402; EXCEPTING THEREFROM any portion within those certain parcels conveyed to the Town of Oro Valley by Deeds recorded in Docket 11897 at pages 4280 and 4285. (JV Arb 34) TO BE KNOWN AS: Lots 14 and 15 of MERCADO DEL RIO, a subdivision of Pima County, Arizona according to the map or plat thereof of record in the office of the County Recorder of Pima County, Arizona, in Book of Maps and Plats at page thereof. Page 4 of 10 File No.: 02372647 SCHEDULE B - SECTION I REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the Recorder of the County in which said property is located. 1. RECORD Partial Release and Reconveyance of the subject property from Deed of Trust: Amount $5,900,000.00 Dated October 13, 2004 Recorded October 14, 2004 Docket 12407 Page 5274 Trustor MERCADO DEL RIO L.L.C., an Arizona limited liability company Trustee COMMERCIAL FEDERAL BANK, a federal savings bank Beneficiary COMMERCIAL FEDERAL BANK, a federal savings bank 2. RECORD Partial Release of Financing Statement between: Debtor MERCADO DEL RIO L.L.C., an Arizona limited liability company Secured Party COMMERCIAL FEDERAL BANK, a federal savings bank Recorded October 14, 2004 Docket 12407 Page 5300 3. RECORD Deed from MERCADO DEL RIO L.L.C., an Arizona limited liability company to LAWYERS TITLE AGENCY OF ARIZONA, L.L.C., an Arizona limited liability company, as Trustee under Trust No. 18080-T. NOTE: ARS 11:1133 may require the completion and filing of an Affidavit of Value. COMPLIANCE with Section 33-404 A.R.S., which states essentially that the names and addresses of the beneficiaries under a trust must appear on the face of any conveyance of Real Property wherein the Grantor or Grantee is named Trustee. 4. Record Subdivision Plat for Mercado Del Rio. Further requirements and/or exceptions may be necessary upon review of said plat. 5. RECORD Assurance Agreement with Town of Oro Valley. 6. RECORD CCRs. 7. Furnish full legal name and status of Proposed Purchaser. Further requirements and/or exceptions may then be necessary. 8. Record a Partial Release of the Assurance Agreement. 9. USUAL preliminary inspection report by an employee of the Company. The right is reserved to make additional requirements or exceptions upon examination. Page 5 of 10 File No.: 02372647 SCHEDULE B - SECTION I REQUIREMENTS (Continued) 10. FURNISH plat of survey acceptable to the Company. The right is reserved to make additional requirements or exceptions upon examination of said plat. NOTE: The plat of survey furnished to satisfy the above requirements must be made by a Registered Land Surveyor, showing proper ties to locating monuments, location of the improvements on the premises, easements or rights-of-way, over or under the property, together with any encroachments or projections, fences or any other matters affecting the use and occupancy of the premises, and CERTIFICATION BY said Land Surveyor shall read as follows: This is to certify that this map or plat and the survey on which it is based were made in accordance with "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys", jointly established and adopted by ALTA, ACSM and NSPS in 1999 and includes items 1, 6, 8, 10, and 11 of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA, NSPS and ACSM and in effect on the date of this certification the undersigned further certifies that (surveyor to complete certificate with ONE of THREE appropriate phrases) Upon furnishing of said plat, any matter disclosed by said plat will be added to Schedule B. NOTE: Should Zoning coverage be requested, items 7a, 7b, and 7c of Table A, and the type and number of parking spaces must be included. 11. FURNISH the Company with proper Estoppel(s) by the Owner itemizing all Leases, identifying Lessee, date of Lease, Terms and any options to renew. SAID CERTIFICATE SHALL ALSO STATE THAT NONE OF THE LEASES REFERRED TO THEREIN CONTAIN A FIRST RIGHT OF REFUSAL OR OPTION TO PURCHASE. Upon receipt and approval by the Company, the Exception referred to below will be limited to those parties identified in the Certificate. Exception No. 12 12. FURNISH the Company with Owner's Affidavit executed by LAWYERS TITLE AGENCY OF ARIZONA, L.L.C., an Arizona limited liability company, as Trustee under Trust No. 18080-T. 13. RECORD Deed from LAWYERS TITLE AGENCY OF ARIZONA, L.L.C., an Arizona limited liability company, as Trustee under Trust No. 18080-T to PROPOSED PURCHASER NOTE: ARS 11:1133 may require the completion and filing of an Affidavit of Value. COMPLIANCE with Section 33-404 A.R.S., which states essentially that the names and addresses of the beneficiaries under a trust must appear on the face of any conveyance of Real Property wherein the Grantor or Grantee is named Trustee. NOTE: Taxes for the first half of the year 2004 are shown paid in the amount of$12,949.19. Tax Parcel No. 224-28-143A7. (Includes other property) NOTE: Vesting Deed(s) recorded in Docket 12407 at page 5271. END OF SCHEDULE B — SECTION I Page 6 of 10 File No.: 02372647 SCHEDULE B - SECTION II EXCEPTIONS Schedule B of policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 1. RESERVATIONS contained in the Patent from the State of Arizona recorded in Book 229 of Deeds at page 38, reading as follows: a) Excepting and reserving unto the United States rights of way for ditches and canals constructed by their authority. b) This Patent is issued subject to any and all easements or rights of way heretofore legally obtained and now in full force and effect. 2. WATER RIGHTS, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records. This exception is not limited by reason of the disclosure of any matter relating to Water Rights as may be set forth elsewhere in Schedule B. 3. TAXES for the second half of the year 2004, second half not yet due and payable. 4. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion sex, handicap, familial status or national origin contained in instrument: Recorded in Docket 7456 Page 720 5. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket 1602 Page 102 Purpose electric transmission facilities 6. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket 8080 Page 1934 Purpose electric transmission facilities 7. EASEMENT and rights incident thereto, as set forth in instrument: Recorded in Docket 10155 Page 700 Purpose communication facilities and water line(s) Page 7 of 10 File No.: 02372647 SCHEDULE B - SECTION II EXCEPTIONS (Continued) 8. ANY PRIVATE RIGHTS or EASEMENTS on, under and across those portions of said land lying within the road, street or alley abandoned by Resolution or Ordinance: Recorded in Docket 7977 Page 1462 9. Terms and Conditions contained in Development Agreement disclosed in Resolution recorded in Docket 11829 at page 2728. 10. THE RIGHTS of the United States of America the State of Arizona and/or other parties to any portion of the within property lying within the bed, or former bed, of any water course, as that term is defined under Arizona law. 11. MATTERS SHOWN ON SURVEYS: Recorded in Book 16 of Records of Survey Page 63 And in Book 33 of Records of Survey Page 86 12. RIGHTS OF PARTIES in possession. NOTE: This exception will be amended or deleted upon the submission of the corresponding documents required in Schedule B, Part I. 13. Assignment and Assumption Agreement by and between CONQUISTADOR PROPERTIES, L.L.C., an Arizona limited liability company (Assignor), and MERCADO DEL RIO, LLC, an Arizona limited liability company (Assignee) dated October 13, 2004 and recorded October 14, 2004 in Docket 12407 at page 5304. 14. EASEMENTS RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, as shown on the plat recorded in Book of Maps, page . 15. RESTRICTIONS, CONDITIONS, COVENANTS, RESERVATIONS, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion sex, handicap, familial status or national origin contained in instrument: Recorded in Docket Page END OF SCHEDULE B — SECTION II Page 8 of 10 COMMITMENT CONDITIONS AND STIPULATIONS I. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof:and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. if the proposed insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith,(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorney's fees or expenses which arise by reason of I. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or (iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation effecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant' (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material)or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this Policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of I. 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 pubic records. 2. Any facts,rights,interests or claim 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 matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92) And AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of I. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violating affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental policy power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant' (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material)or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by the policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of 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 pubic records. 2. Any facts,rights,interests or claim 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 matters excepted under(a),(b)or(c)are shown by the public records. Page 9 of 10 AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE(10/17/98) EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: I. Governmental police power,and the existence or violation of any law or government regulation. This includes ordinances,laws and regulations concerning: a. building b. zoning c. land use d. improvements on the Land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14,15,16,17 or 24. 2 The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes.This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3 The right to take the Land by condemning it,unless: a. a notice of exercising the right appears in the Public Records at the Policy Date;or b. the taking happened before the Policy date and is binding on You if You bought the Land without knowing of the taking. 4 Risks: a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records; b. that are known to You at the Policy Date,but not to Us,unless they appear in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7,8d,22,23,24 or 25. 5 Failure to pay value for Your Title. 6 Lack of a right: a, to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-2-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1 Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • Land use • Improvements on the land • Land division • Environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it,unless; • A notice of exercising the right appears in the public records on the Policy Date • The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3 Title Risks: • That are created,allowed,or agreed to by you • That are known to you,but not to us,on the Policy Date—unless they appeared in the Public Records • That result in no loss to you • That first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item B of Covered Title Risks 4 Failure to pay value for your title. 5 Lack of a right: • To any land outside the area specifically described and referred to in Item 3 of Schedule A OR • In streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks Page 10 of 10 PIMA COUNTY, ARIZONA ORDER 2372647 Area Code 1011 Tax Rate 13.75300 Printed 11/18/2004 13:45 Parcel Number 224-28-143A7 Docket Book 11158 Page 807 Date 10/22/99 Situs Addr 615 E PUSCH VIEW LN Owners Name CONQUISTADOR PROPERTIES LLC Mailing Addr 5550 N 15TH ST PHOENIX AZ Section 12 Township 12S Range 13E <--- Info from County Book Page Block Lot <--- Info from County Legal PT S2 SE4 LYG N OF LAMBERT LANE & SE OF CANADA DEL ORO WASH 17.19 AC SEC 12-12-13 *** 2004 TAXES UPDATED THRU 11/15/04 Value Ratio Land 1,235,307.00 16.0% Improvement 0.00 0.0% Full Cash Value Exemption Net Assessed Land and Impr 1,235,307.00 0.00 0.00 Personal prop 0.00 0.00 0.00 Limited 1,156,247.00 0.00 0.00 2004 TOTAL TAX 25,898.38 FIRST HALF INTEREST SECOND HALF INTEREST TOTAL DUE 12,949.19 172.65 12,949.19 0.00 26,071.03 Liability BACK TAX INFORMATION UPDATED THRU 11/15/04 CP NO./TYPE SALE DATE YEAR TAXES DUE INT. DUE AMOUNT DUE OLD PCL ** NO DELQ TAXES DUE FOR THIS PARCEL ** UPDATED THRU DATES: ASSESSMENTS RESOLUTIONS CITY OF TUCSON 11/01/2004 11/14/2004 ORO VALLEY 11/14/2004 11/14/2004 PIMA COUNTY 11/14/2004 11/14/2004 *** NO ASSESSMENTS *** *** NO RESOLUTIONS *** *** NO SOLD ASSESSMENTS *** 0 • LT-SM O:ORDER 2372647 SRCH DT: 11/18/04 CERT DT: 10/26/04 1 OF 1 • SEC: 12 12S 13E * A-34 5 TOTAL RECS OPTS: 10/05/04-10/26/04,BRF LST,REF LKUP INST TYPS: ALL IT REC DATE TC RECORDING INFORMATION 1ST PARTY 2ND PTY/REFERENCE LEGAL: SC 12 TN 12S RG 13E QQ ARB 34 WD 10/14/04 LT 12407-5271 CONQUISTADOR PROPERT MERCADO DEL RIO LL REM: 2367475 p DT 10/14/04 LT 12407-5274 MERCADO DEL RIO LLC COMMERCIAL FED BK AMT:$ 5900000.0 UC 10/14/04 LT 12407-5300 MERCADO DEL RIO LLC COMMERCIAL FED BK Di AS 10/14/04 LT 12407-5304 CONQUISTADOR PROPERT MERCADO DEL RIO LL +B 10/21/04 LT 2372647 SM 2372647 **** 5 Postings Listed **** • LT-SM O:ORDER 2372647 SRCH DT: 11/18/04 CERT DT: 10/26/04 1 OF 1 NAME: MERCADO DEL RIO 0 TOTAL RECS OPTS: 10/05/04-10/26/04,BRF LST,REF LKUP,MTCH NICKNM INST TYPS: ALL IT REC DATE TC RECORDING INFORMATION 1ST PARTY 2ND PTY/REFERENCE **** 0 Postings Listed **** LT-SM O:ORDER 2372647 SRCH DT: 11/18/04 CERT DT: 10/26/04 1 OF 1 NAME: FORTE 0 TOTAL RECS OPTS: 10/05/04-10/26/04,BRF LST,REF LKUP,MTCH NICKNM INST TYPS: ALL IT REC DATE TC RECORDING INFORMATION 1ST PARTY 2ND PTY/REFERENCE **** 0 Postings Listed **** 1. ANN RODRIGUEZ, RECORDER DOCKET: 12407 E RECORDED BY: D K PI PAGE: 5304 A DEPUTY RECORDER4 NO. OF PAGES: 5 S 7864 PEi. . I� G SEQUENCE: 20041991146 T TLATI o ) z 10/14/2004 S FRAND BANGS JR ' -" AS 18:00 I 1 S CHURCH AVE STE 700 1463144+ D TUCSON AZ 85701 MAIL E AMOUNT PAID $ 10.00 When recorded please mail to: XC 3 0 2004 Frank S. Bangs,Jr.,Esq. Lewis and Roca LLP One South Church Avenue, Suite 700 Tucson,Arizona 85701 ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT(the "Assignment") is made and entered into as of(re -r e k_ i3,2004, by and between CONQUISTADOR PROPERTIES,L.L.C., an Arizona limited liability company (the "Assignor"),and MERCADO DEL Rio,LLC, an Arizona limited liability company(the "Assignee"). RECITALS : A. Assignor owns approximately l,' acres of vacant land(the "Property")located north of Pusch View Lane and south of the Canada del Oro Wash in the Town of Oro Valley(the"Town"). A legal description of the Property is attached as Exhibit"A". B. Assignor, as owner of the Property,and the Town entered into a Development Agreement dated June 19,2002 and recorded in the Office of the Pima County Recorder on June 26, 2002, at Book 11829,page 2728 (the"Agreement"). C. The Agreement,Section 3.8.2,expressly authorizes the assignment of Assignor's rights and obligations under the Agreement. D. Assignor desires to assign to Assignee all of Assignor's right, title,and 2 interest in, to and under the Agreement,and Assignee desires to accept such 4 assignment and assume, perform and observe all covenants, agreements and obligations of Assignor under the Agreement. 0 5 E. All capitalized terms used in this Assignment which arc not defined herein shall have the meanings ascribed to them in the Agreement. 4 166➢7a: �. - --- - —- - — Pg: 1 of 5 AGREEMENT : NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Assignor hereby assigns, transfers and sets over unto Assignee all of Assignor's right, title and interest in,to and under the Agreement. 2. Assignee hereby accepts the assignment made by Assignor pursuant to Paragraph I hereof and hereby assumes and agrees to perform and observe all covenants, agreements and obligations of Assignor under the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date first set forth above. ASSIGNOR: CONQUISTADOR PROPERTIES,L.L.C.,an Arizona limited liability company J By: l 1/4 Glenn Luchies Its: Managing Partner r;: 'r!,. S EL L STATE OF ARIZONA ) •=�':�", PAMELA M. rtGHE ss. ; 3. �,,F;,.A COUNTY County of Pima ) �:M �-.:� Frb.21,2005 The foregoing Assignment and Assumption Agreement ACKNOWLEDGH) before me this/2) day of October,2004,by Glenn Luchies, as Managing Partner of Conquistador Properties,L.L.C., an Arizona limited liability company, on behalf of the company. 1 2 j Notaryb�c 7 My Commission expires: 3 0 5 2 165970.1 , Pg:2 of 5 ASSIGNEE: MERCADO DEL Rio,LLC, an Arizona limited liability company By: 't Donley Its: ember STATE OF ARIZONA ) ) ss. County of Pima ) The foregoing Assignment and Assumption Agreement ACKNOWLEDGED before me this (5 day of October,2004,by Kit Donley, as a Member of Mercado del Rio, LLC,an Arizona limited liability company, on behalf of the company. 1)M7 -__. Notary Public My Commission expires: .'.:''nncvr rw..•.^rv,�.,v..r.r.ev.sr;, %�rc;!iGr Sr.A� PAYc.:1 :\M. TIGHE -C:::.--,..':;''j--.;,<,.;:*y.'1.1 s':P-',:: ,;1..-.C..-7",.;-....).!..).:'N''':1:11°NA 2 4 0 7 R 3 0 6 3 I66970.t , Pg:3of5 EXHIBIT "A" Legal Description of Property 4 0 7 0 5 7 165970.1 , Pg:4of5 EXHIBIT"A" LEGAL DESCRIPTION That part of Lot 4 and the Southwest Quarter of the Southeast Quarter of Section 12,Township 12 South,Range 13 East,Gila and Salt River Base and Meridian,Pima County,Arizona,lying between the Southerly line of the channel right of way of the Canada del Oro Wash, as described in Deeds recorded in Docket 4364 at page 447 in Docket 7588 at page 663 (re-recorded in Docket 7897 at page 1489)and the Northerly line of Pusch View Lane(formerly known as Lambert Lane) as shown on the map recorded in Book 8 of Road Maps at page 57 and described in the Deed recorded in Docket 8529 at page 954,as amended by Abandonment of a portion thereof as described in Resolution recorded in Docket 7977 at page 1402; EXCEPTING THEREFROM any portion within those certain parcels conveyed to the Town of Oro Valley by Deeds recorded in Docket 11897 at pages 4280 and 4285. (JV Arb 34) 1 2 4 7 0 55 8 Iglboscr , Pg:5 of 5 .1 • -F. ANN RODRIGUEZ, RECORDER DOCKET: 12407 B RECORDED BY: D_K 0/�I PAGE: 5271 A DEPUTY RECORDER ,7 ., 100� NO. OF PAGES: 3 S 7864 PE1 4J, SEQUENCE: 20041991143 T TLATI �� 'a a�Ir�7',oy 10/14/2 0 0 4 S MERCADO DEL RIO LLC WTDEED 18:00 1980 3 PALISADES RD 4Rtz014D AFFIDAVIT D OR0 VALLEY AZ 85737 MAIL E AMOUNT PAID $ 12.00 vaw ♦ALLd1',a,PILL,OJ/J ESCROW NO.: 02367475-024-C15 SPACE ABOVE THUS LINE FOR RECORDER'S USE Special Warranty Deed For the consideration of Ten Dollars,and other valuable considerations, I or we, Conquistador Properties,LLC,an Arizona limited liability company do/does hereby convey to Mercado del Rio L.L.C.,an Arizona limited liability company the following real property situated in Pima County,Arizona: See Exhibit A attached hereto and made a part hereof. SUBJECT TO: Current taxes and other assessments,reservations in patents and all easements,rights of way,encumbrances,liens, covenants,conditions,restrictions,obligations,and liabilities as may appear of record. And the Grantor hereby binds itself and its successors to warrant and defend the title,against all acts of the Grantor herein,and no other,subject to the matters set forth. Dated:October 8,2004 SELLERS: Conquistador Properties,LLC,an Arizona limited liability Conquistador Properties L.L.C.,an Arizona limited liability company company by Foothills Business Ventures L.L.C.,an Arizona limited by Pusch View L.L.C.,an Arizona limited liaiblity company, liability coin ,member member y,,!1 1 Glenn L. Luchies, Managing Member Robert J. isburg, 4 0 7 2 7 1 _..... Pg: 1 of 3 . Escrow No.: 02367475-024-C15 1 1 State of -*.J Y'r►•— This instrurzzent was acknowledged before me this 2. County of ✓r;,t } SS g f day of . I`) v. 1 I J by Robert J. Solfisburg, member of Pusch View L.L.C.,an Arizona limited liability company, Managing Member of Conquistador Properties,LLC,an Arizona limited liability company OFF;CIAL SEAL ''� `! PAY:ELA M.TIGHE s Y . �• . PIMA COUNTY Notary Public b.' o-My C -,;r._,co.Feb.21,2005 My commission will expire State of ;�h j1�` Y This instrument was acknowledged before me this /L3 County of ,r ,- 1 SS ✓r day of _,..:--t.) ,4.s,_.7 . "-''` by Glen L. Luchies, Managing member of Foothills Business Ventures,an Arizona limited liability company, Managing Member of Conquistador Properties, LLC, an Arizona limited liability ^ .....�.,..,.1......,,, company L0FFi(::Al.. SE_AL PAMELA M. TIGHE ' NO'Aiv>.1:1LC•ARIZONA ; ;;� r" ���.• PIMA COUNTY NotaryPublic ywn^„'r :a„.r^b.21,2005 My commission will expire 1 2 8 7 R 2 Page 2 of 2 • — _ , Pg:2 of 3 EXHIBIT"A" LEGAL DESCRIPTION That part of Lot 4 and the Southwest Quarter of the Southeast Quarter of Section 12,Township 12 South,Range 13 East,Gila and Salt River Base and Meridian,Pima County,Arizona,lying between the Southerly line of the channel right of way of the Canada del Oro Wash,as described in Deeds recorded in Docket 4364 at page 447 in Docket 7588 at page 663 (re-recorded in Docket 7897 at page 1489) and the Northerly line of Pusch View Lane(formerly known as Lambert Lane)as shown on the map recorded in Book 8 of Road Maps at page 57 and described in the Deed recorded in Docket 8529 at page 954,as amended by Abandonment of a portion thereof as described in Resolution recorded in Docket 7977 at page 1402; EXCEPTING THEREFROM any portion within those certain parcels conveyed to the Town of Oro Valley by Deeds recorded in Docket 11897 at pages 4280 and 4285. (JV Arb 34) 1 2 4 C 7 0 5 2 3 Wino , Pg:3 of 3 0)-EY g 0 TOWN OF ORO VALLEY oQo 29 COMMUNITY DEVELOPMENT DEPARTMENT 6, Planning and Zoning•Building Safety P11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 Oro Valley Public Library - A 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 A "'"' Parks and Recreation �� 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 °/NDEO p,'�� January 31, 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: This letter is to provide you with an update of the project schedule. As you are aware,the conditional use permit will not be scheduled for review by the Commission on February 1. The project will proceed to the March 1 Commission Hearing and it will then be reviewed by the Town Council on May 4. As previously mentioned by Bayer Vella, the main issue with the CUP is to provide adequate screening along the perimeter of the site and specifically to block views of the service bay areas and to minimize disturbance to surrounding site. Staff is aware that the property owner's are currently conducting a noise study. We will need to discuss the results and appropriate mitigation measures. In addition, you must provide a written response to the use permit criteria outlined in Sec. 3-201 of the OVZCR. The resubmittal for the CUP must include twenty (20) copies 11" x 17" of the concept site plan and landscape plan. This must be submitted by February 10 at noon in order to proceed with the project schedule. Furthermore, in an effort to proceed with the Development Plan associated with this project, I will schedule it for the Development Review Committee meeting on February 4 at loam. Staff will provide you with preliminary comments and will hopefully assist you in preparing your formal submittal by February 10. Please contact me at 229-4817 if you have any questions. Sincerely, David Ronquillo Planner cc: Shirley Gay Mohammad Behboudi, Fax: 562-945-11t 14 ownoforovalley.com Kit & Paula Donley, Fax: 797-254 � s ir TOWN OF ORO VALLEY STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: March 1, 2$94 TO: PLANNING AND ZONING COMMISSION FROM: David Ronquillo, Planner SUBJECT: PUBLIC HEARING - OV8-04-11, FINA COMPANIES LLC, REPRESENTING MERCADO BSF LLC, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOTS 14 & 15 OF THE MERCADO DEL RIO COMMERCIAL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL 224- 281-43A NATURE OF THE CUP REQUEST: Section 8-303.B.(1) of the Oro Valley Zoning Code, Revised (OVZCR) allows an automotive facility use in C-2 Districts only if a Conditional Use Permit (CUP) is reviewed and recommended by the Planning and Zoning Commission and is subsequently authorized by the Town Council. The proposed automotive use is subject to the following requirements: 1. Building pad and parking configuration for Lots 14 & 15 of the approved Mercado Del Rio Master Development Plan (0V12-03-22). 2. Landscaping of perimeter areas pursuant to the Mercado Del Rio Master Landscape Plan (0V12-03- 22). 3. Conditions placed on this 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: The project site lies within the 17-acre "Mercado Del Rio" commercial subdivision, which was approved as a Master Development Plan (MDP) and Preliminary Plat by Town Council on May 19, 2004 (0V12-03-22). It was also approved as a Final Plat by the Town Council on October 20, 2004. Lots 14 & 15 consist of approximately 10,000 square feet and the layout of the original Master Development Plan will be reconfigured (both lots combined)to accommodate the design of the proposed Firestone tire store. The site is currently vacant and accessed from Pusch View Lane from a private road within the subdivision. SUMMARY OF THE PROPOSED PROJECT: The proposed project includes the following elements: • A 7,575 sf building with 10 car bays, showroom, office and storage area. • An off-street parking lot providing 33 vehicular parkings. • Adequate buffer yards along the perimeter of the site have been provided. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT Page 2 • The vehicle circulation has been maintained through the site. • A pedestrian connection linking the project to other lots within the center. • Hours of operation: Monday—Friday 7:30 am to 6:30 pm and Saturdays 8:00 am to 5:00 pm. SURROUNDING LAND USES: North: Vacant lot 10 of Mercado Del Rio. South: Rock Ridge Apartments, across Pusch View Lane. East: Vacant lot 13 of Mercado Del Rio (proposed Brake Max center) abutting the backside of the Risky Business restaurant. West: Vacant lot 16 of Mercado Del Rio. COMPLIANCE ANALYSIS • The project meets the conditions and standards of the Mercado Del Rio Master Development Plan in which automobile service uses are limited to the five eastern-most lots. • The project meets the required setbacks of the C-2 District. • The project meets the applicable requirements for use permits. 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 Firestone tire store is located on the south side of the commercial center and will be visible from Pusch View lane. In order to address the potential for noise nuisance associated with the car bays facing the east side of the property, the applicant has provided a preliminary noise study (see attached). Based on this report, noise nuisance associated with the vehicle service bays will likely impact the apartments on the south side of Pusch View Lane. Sound will travel at a 45 degree angle from the southernmost repair bay and it will mix with the noise produced by car traffic on Pusch View Lane (approximately 45 dba). The ambient noise that is generated by traffic (approximately 60 dba) will likely exceed that of the air guns used. When traffic is light, the noise will impact the apartments. This impact can be partially mitigated by providing a combination of wall and dense vegetation along a portion of the south and east property lines. Condition 2 has been added to enable review of the placement and design of the sound wall as part of the Development Plan and Landscape Plan review. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT Page 3 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. Access to the site will be from Pusch View Lane and the main entrance to this development is located on the east side of the site through an internal subdivision street. No unusual volume or character of traffic is expected. 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 Sec. 3-201B. The proposed use would be generally compatible with the commercial subdivision, which will include other automobile service uses on the five easternmost lots as well as a variety of retail, restaurant and office uses on the remaining lots. There is, however, a need to partially screen repair bay doors from view on Pusch View Lane. As previously discussed, this will be addressed during the Development Plan and Landscape Plan process. GENERAL PLAN COMPLIANCE: The General Plan designates this area as Commercial, which allows for the proposed automotive use in a commercial center. Staff finds the proposed tire store, subject to the conditions of Exhibit A, would be in compliance with the General Plan. PUBLIC NOTIFICATION AND COMMENT: All property owners within 600 feet of the site have been notified of the public hearing in accordance with the Town notification requirements. To date,no public comments have been received. RECOMMENDATION: Staff finds that the proposed tire store use would have no adverse impacts to property owners, workers, visitors or shoppers/customers of the commercial center and would have no adverse impacts to residents of and visitors to the adjacent properties with appropriate sound and view mitigation. As a result, staff recommends approval of the conditional use permit for an automotive use on lots 14 & 15 of the Mercado Del Rio subdivision, with the conditions listed in Exhibit"A". SUGGESTED MOTIONS: I move to recommend approval of OV8-04-11, conditional use permit for a Firestone tire store on lots 14 & 15 of the Mercado Del Rio Commercial Center, subject to the conditions described in Exhibit A. OR TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION STAFF REPORT Page 4 I move to recommend approval of OV8-04-11, conditional use permit for a Firestone tire store on lots 14 & 15 of the Mercado Del Rio Commercial Center, subject to the conditions described in Exhibit A and the following additional condition(s): OR I move to recommend denial of OV8-04-11, conditional use permit for a Firestone store on lots 14 & 15 of the Mercado Del Rio Commercial Center, finding that: Attachments: 1. Exhibit"A"Conditions of Approval 2. Preliminary Noise Study 3. Mercado Del Rio Master Development Plan 4. Firestone Tire Store Site Plan 5. Preliminary Landscape Plan cc: Fina Companies, 795-2480 Kit Donley, Mercado Del Rio, Fax: 797-2541 Planning and Zoning Administrator • ' 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. 02/22/2005 17:24 48E`"`""801 ACOUSTICS PAGE 02 acoustical consulting services Cacs Donley Commercial Mr_ Kit Donley 1980 E Palisades Road Oro Valley, AZ 85737 Dear Mr. Donley: ACS has been asked to assess the potential noise impact from the proposed Mercado Del Rio development to the surrounding community. The primary noise sources are a the car wash,tire operation, brake operation, and a lube operation. TECHNICAL TERMS: Decibel-A unit for measuring the intensity of sound. The human hearing range is from 0 dB (the theoretical threshold of audibility)to 130 dB(the average pain threshold). (The sound pressure level in decibels is equal to 10 times the logarithm (to the base 10)of the ratio between the pressure squared divided by the reference pressure squared. The reference pressure used in acoustics is 20 microPascals.) dBA- Sound pressure level expressed in decibels, filtered or weighted at the various frequencies to approximate the response of the human ear. CHANGES IN INTENSITY LEVEL Changes in Intensity Changes in Apparent Loudness • Level,dB 1 Almost imperceptible 3 Just perceptible . 5 Clearly noticeable 10 Twice (or half)as loud NOISE STANDARDS: Typical municipal ordinances set not-to-exceed limits and consider instantaneous noise levels below 50 to 55 dBA at night and 60 to 65 dBA during the day to be acceptable.' I do not believe the Mercado Del Rio project is subject to any quantifiable noise codes. P.O. Oox 41182 Mesa, AZ$5274 Tel! 480.827.1007 Fax: 480.644.0801 • 02/22/2005 17:24 48e-B61 ACOUSTICS PAGE 03 FINDINGS: As the City of Phoenix's noise consultant(and through various other projects), ACS has had the opportunity to measure the noise levels of numerous similar facilities, activities and uses. Based on these measurements,ACS has projected the potential typical maximum noise impact the to various receive locations.. Apartments-The typical maximum noise impact to the closest apartment buildings (to the south)will be approximately 54 dBA. Ambient Noise Level-Based on the current daily traffic volumes, ACS has calculated the day/night average(Ldn)traffic noise impact to the closest apartments(using the HUD methodology)to be 67.7 Ldn. Offices (45° - -400')-The typical maximum noise impact to the office buildings (to the southeast)will be approximately 48 dBA. Patio-The typical, maximum noise impact to the outdoor patio use(to the east)will be approximately 54 dBA. Ambient Noise Level -The patio is currently subject to delivery truck noise from the service drive to the west. Based on the measurements of typical delivery trucks, the patio could currently be impacted by approximately 65 dBA, Hotel-The typical, maximum noise impact to the proposed, on-site hotel(west of the car wash)will be approximately 62 dBA. To further reduce this impact, consider an L shaped barrier wall at the exit of the car wash. (Contact ACS for more information,) COMMENTS/CONCLUSIONS: The noise impact from the Mercado Del Rio development should not exceed typical municipal, daytime noise standards. Additionally,the noise impact(although potentially audible)should not exceed the existing other noise impacts. If you have any questions or concerns, please call(480)827-1007. Respectfully, Tony Acoustical Consulting Services 1. Handbook of Environmental Acoustics, James P. Cowan, 1994. pp. 217-218. Exhibit A Delivery Truck Schedule Service Drive along the east side of Mercado del Rio: Target: receives deliveries between 7AM and Noon, seven days a week. PetsMart: receives deliveries at 8 AM on Tuesdays and 4AM on Thursdays and Fridays. OfficeMax: receives deliveries on Mondays between 5AM and 10AM. Fry's Food and Drug: receives deliveries from Fry's refrigerated trucks 2PM to 10PM everyday, other vendors of Fry's deliver 4:30AM to Noon 7 days a week. In summary this service drive is active with the above major tenants along with many other smaller tenants beginning from 4:30AM to 10PM seven days a week. The noise levels expected along this drive will exceed those leaving the site from the adjacent Mercado del Rio lots. I . Exhibit B .. . — .—.- IN.M.M... .....M•MIIIIIMINIIMIMMINViNnalmmm.M•11•11m1M••••••••••••••••11•MMMOVAIK i l ) vt. Lir, I- t& SCALE:T'=60' . 1 I _ ... ".4.t ._..- . -:?.1-1a111:412172ilieMlia ...,•-•••::,'.!A•••::;•E•ilt:E \A --.--- .- •; -::• .-".ter A 7 . . ‘g:' :11 .- . "s" P ---"Ittil . or/13.100 Sr II or% In$140 . 12 I4 . ..„.... .,........., ... .._._ .... .0 ..,. 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BUILDING AREA: --- -- — -- — 1 ALL MEET BUILDING 1 10, 100 SF 1 A I ANCE BUILDING 2 7 ,500 SF — \r BUILDING 3 6,700 SF BUILDING 4A 5,860 SF (RESTAURANT) BASIS OF BFAR I N G np Ann CC 1 ACCTAI IRAAIT L� •�ii�.no SITE ANALYSIS 1 11 � .�.5� ��I1�,A TOTAL LAND AREA 111:11111111111TO � ��a� , TOTAL BUILDING FOOT PRINT 7,575 Sq. Ft. !EKAE!E1 III 1 `Aissi y !�////� .�� : ,%��!1 TOTAL PARKING PROVIDED 33 CARS HONE'N24464321 ,,,,�,� ,,,4 WEB•• i � : i .•.•.::•:•:•:•.•. ��j �I.: PARKING RATIO 1�350 wwwpo.�aw.ra.�a INAbo iirdailliggliti, I '•. �`.. �� jRASH.'...:..'..•.•...... ligi .,Jae w.,.... M.0040oes sip..----- ,,,,--,,..7,0,,, is ral;::.::..:.:::. 711.000.0.dr- iliosfi I 07.1111111 -. -:.-.. 11`"Ogist4V13.P. -'1"-- 4N, -• ...•%::....:•.::::::.:.::.::::::...:..•::.. 1 0 ' UNDEVELOPED Z Cb :!ii o i �.�.,AC: ...... . _ oIi1lo �� 6 , . ....•• .•..... ...•.•. , .. 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La Canada Drive, Oro Valley, Arizona SUBJECT: PUBLIC HEARING - OV8-04-11, FINA COMPANIES LLC, REPRESENTING MERCADO BSF LLC, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOTS 14 & 15 OF THE MERCADO DEL RIO COMMERCIAL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL 224-281-43A The applicant seeks approval of a conditional use permit to establish an automotive service and repair facility. The building will consist of tire sales, repair and installation of tires, motor vehicle parts and accessories. The zoning is C-2 Commercial. DESCRIPTION: A complete description and map are available at the Town Hall, Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an opportunity to speak. For additional information, please contact David Ronquillo at 229-4817 or dronquillo@orovalley.net. v/,:e../iL__ Bayer Vella, AICP Senior Planner Posted: 2-9-05 Time: 8:30 a.m. By: sg F:\OV\OV8\2004\8-04-11\PZ.NOTICE.doc AFFIDAVIT — PUBLICATION _ . STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first AUDREY SMITH duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached NOTICE OF PUBLIC HEARING MARCH 1 05 OVS-04-11 FINA COMPANIES LLC ET AL was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made ilth FEBRUARY 05 on the day of 20 Ilth and the last publication thereof was made on the day of FEBRUARY 07, 20 ; that said publication was made on each of the following dates, to-wit: 02/11/05 Request of TOWN OF ORO VALLEY Daily Territorial By . — Subse‘hbeerand sworn to beforepe his kj\3 day of 20 llth FEBRUARY rl= „,„.., __1„.., ;T•t\SYNA,k. c:;4.. k_ • - -k--- (Al', '-dry Public in4nu for the County s: a,Awe C!itypt ig, ,t3419-7yTICA Notary Public-Arizona My Commig-s-j1 Expires: (-4 \ Li 1E.)-4, --- Expires 02/04/08 NOTICE OF PUBLIC HEARING • BEFORE THE ORO VALLEY PLANNING AND ZONING COMMtaaiva In accordance with ARS 9-462,Arizona State Statutes, NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION REGARDING A REQUEST FOR A CONDITONAL USE PERMIT,IS HEREBY GIVEN: TIME: at or after 6:00 p.m.Tuesday,March 1,2005 PLACE Oro Valley Town Hall,11,000 N.La Canada Drive,Oro Val- ley,Arizona SUBJECT: PUBLIC HEARING-0V8-04-11,FINA COMPANIES LLC, REPRESENTING MERCADO BSF LLC.REQUESTS AP- PROVAL OF A CONDITIONAL USE PERMIT TO DEVEL- OP LOTS 14& 15 OF THE MERCADO DEL RIO COM- MERCIAL CENTERAS AN AUTOMOTIVE SERVICE_AND REPAIR FACILITY.LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE.WEST OF ORACLE ROAD ON PAR- CEL 224-281-43A The applicant seeks approval of a conditional use permit to establish an automotive service and repair facility. The building will consist of tire sales, repair and installation of tires,motor vehicle parts and accessories. The zoning is C- 2 Commercial. DESCRIPTION: A complete description and map are available at the Town Hall,Planning and Zoning Department. Members of the public are invited to attend this meeting and will be given an op- portunity to speak. For additional information,please contact David Ronquillo at 229-4817 or dronquillo©orovalley.net. bl Bayer Vella,AICP Senior Planner PUBLISH:The Daily Territorial February 11,2005 Reg:Town of Oro Valley hrMarlov8-04-11 a.s e TOWN OF ORO VALLEY ;'3 `�' 11000 N. LA CANADA DR. ORO VALLEY,ARIZONA 85737 F. i `� �_ Cb 9 F E 3' ..'• :.:..* t'-a`' vmarrr L: ,imit -• aiv€s ti--FcTURN TO r. _ o,. DEL i'dEFPPL ADz -3 J004337343 FEB09 2005 MAILED FROM ZIP CODE 85 7 3 7 rHO N X, . .;, s0Cr; r81 0. r3 08. 1b UNDELIVERABLE 22428083A Commercial Mail ReceivingAgency RIVERS EDGE HOMEOWNERS ASSOCIATION le;z f No Authorization To Recive Maily ATTN: LEWIS MANAGEMENT RESOURCES INC For This Addressee gammillilm FEB 1 4 2005 D\j .., 6L.-t--( ( —7014=.0001S1 tui,i,m.„1„ii,immwi TOWN OF ORO VALLEY r ,c& i �cy ,�, F� �F;f 11000 N. LA CANADA DR. �- 4 ORO VALLEY,ARIZONA 85737 ,y -- --RE i LAN i t1 SEf i ., .:t"e .b ., j:' 037O- • T • •-r� tqc p • v '�� 09 2005 •*�1 k�3 MAILED FROM ZIP CODE 85737 ryr rl-�r-s+r r.. P� r/••�/rz �••4-,ti T +•, t•_► 06, 16 l�HOEH;!i? !:fi r OCR ! 3 02/1 3 224281040 UNDELIVERABLE RIVERS EDGE HOMEOWNERS ASSOCIATION Commercial Mail Receiving Agency ATTN: LEWIS MANAGEMENT RESOURCES INC No Authorization To Receive Mail For This Addressee FEB 1y2t V S) APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION MARCH 1, 2005 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:02 PM CALL TO ORDER ROLL CALL PRESENT: CHAIR DON COX VICE CHAIR JOHN ANNING COMMISSIONER PETE BISTANY COMMISSIONER DON MANROSS COMMISSIONER DOUG MCKEE EXCUSED: COMMISSIONER KEN KINARED ALSO PRESENT: MAYOR PAUL LOOMIS BARRY GILLASPIE, VICE MAYOR CONNY CULVER, COUNCIL MEMBER K.C. CARTER, COUNCIL MEMBER HELEN DANKWERTH, COUNCIL MEMBER BILL ADLER, BOARD OF ADJUSTMENT AL KUNISCH, DEVELOPMENT REVIEW BOARD PHIL TRENARY, PUBLIC WORKS CIVIL ENGINEER I JOE ANDREWS, CIVIL ATTORNEY BRYANT NODINE, AICP, PLANNING AND ZONING ADMINISTRATOR CALL TO THE AUDIENCE Bill Adler, 10720 N. Eagle Eye Place, hopes this subject will be scheduled for a future meeting. Discussions are taking place with Vestar, the developer of the Tangerine and Oracle property, and neighbors in the immediate area. The nature of those discussions is largely pointless. There is a lot of useless discussion over the types of uses that is going in the shopping center. That is pointless because the Town exercises no control over use. The Vestar representative told the group that he did not have this, indicating that these v .J.�va..�.,r a..a..a �iv did not have r v to do indicating IIrG III I that 1 ` meetings are a co Irtesy. What is the point courtesy there no serious intent do .vJ a+ v vvaw avv�. •r��u � the point of a courtesy if there G is I IV JGI IVl.l a7 II ILCinl to do anything about it? The problem is not with the misinformed residents, but in the code itself. The commercial code has a lengthy list of committed uses which are unqualified. There is no limit to the number of each individual use that can be in any shopping center. There is no stipulation as to the quality and nature of these uses. It encourages people to ask questions about use because the code itself is so vague. The commercial code has been before you, and it can be continuously amended. He suggested it should be in this regard. The neighborhood meetings need to be structured so they are under the auspices of the Town, not the applicant. The format and structure should be purposeful, have an objective and the March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 2 objective structured in such a way as to direct the residents into an avenue of discussion, question and answers that have some bearing and usefulness. These discussions with Vestar to this point have been pointless and he was embarrassed to observe them. He thought the Commission would be interested and perhaps want to take some action in a future meeting to take a look at that part of the code and see if something can be done about it. Chair Cox directed Staff to think about the comments and bring the suggested comments forward to the next meeting. MINUTES MOTION: Vice Chair Anning MOVED to approve the January 4, 2005 Planning and Zoning meeting minutes as written. Commission Manross seconded the motion. Chair Cox pointed out a spelling correction on page 2, 3rd line from the bottom, changing the word "not" to "no". Motion carried 5 yes, 0 no, with the above correction. 1. PUBLIC HEARING — OV9-04-10, PLANNING RESOURCES REPRESENTING DEVELOPMENT SITES LTD, REQUESTS A REZONING FROM R1-144 (RESIDENTIAL WITH 144,000 S.F. LOT MINIMUM) TO R1-36 (RESIDENTIAL WITH 36,000 S.F. LOT MINIMUM) FOR PROPERTY LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD NEAR CAMINO DEL PLATA AND JUST NORTH OF THE WILSON SCHOOL, PORTION OF PARCEL 224-11-0190 Chair Cox stated for the record that he placed in the record a copy of the conversation that he and Carl Winters had on the telephone about 6-7 weeks ago. Each Commissioner received a copy and had no questions. Carl Winters, applicant, 270 N. Church, said after this was recommended by the Planning Commission, it went to Mayor and Council who had some issues dealing with the 30% open space U.S. Fish and Wildlife was recommending, and whether or not it covered the entire property. A motion was made to deny and refer it back to the Commission. The chief reason was the lack of clarity as to what was happening with the conservation area and the concerns of Fish and Wildlife. Subsequently, there have been meetings with Fish and Wildlife. We now have what they want in writing. In addition, under the State Statute dealing with conservation areas, the law says a conseconservation area must in favor not-for-profit organization that has conservation as rvation Ive 1 area must cave. be eu a of a a evb eve Ne veeb v .J. ..�e.�aw eve a bo eb.eb a bwv Vv..vve �ba bev � bs.W one objectives. area Home Owners Association, of its This area cannot be turned over to the Home !/rreeVev i �VVV Veu Ive1, because Fish and Wildlife lawyers feel this is allowing the home owners to monitor themselves and creates an inherent conflict. It is hard to find a conservation organization that will accept some responsibility for monitoring a small area. Sherry Ruther, Environmental Manager for Pima County, formerly with Arizona Game and Fish, worked up a means of doing this. The only area disturbed will be driveways and house pads. Staff has a concern that the house pads be big enough so if an owner subsequently wants a swimming pool they will not be restricted from being able to grade enough. This plan reflects enough area for the houses, roads and driveways, etc. and preserves 70% of the entire area. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 3 Fish and Wildlife does not mind the HOA being the primary guardian. There is a backup, if the HOA doesn't monitor the property, of a plat note giving the Town of Oro Valley the ability to notify the HOA that they have to solve the situation. The Town becomes the third party organization and that is acceptable to U.S. Fish and Wildlife. Various kinds of notifications need to go to the property owners, i.e. CC&R's, Subdivision Plat, etc. There will probably be a management company that will make sure this happens. There will be an annual monitoring. The HOA will be obligated to hire someone qualified in the opinion of U.S. Fish and Wildlife to do the annual assessment. Mr. Winters told Commissioner McKee the CC&Rs will bind the HOA to make the report to Fish and Wildlife, so if they don't have someone do the monitoring, it will be a violation of the agreement with U.S. Fish and Wildlife, and there are enormous penalties. Mr. Winters replied to Commissioner Manross that the CC&Rs will be a contract with Fish and Wildlife and the HOA won't be able to discard them and create a new set. Mr. Winters told Commissioner Manross that an archeologist has not been hired at this time to investigate the high probability that the site may have some archeological resources. Commission Manross stated that it appears that it would be beneficial for the applicant to do so and get the information to the Commission in a timely fashion. Mr. Rick Sathre, President of Development Sites Limited, 710 W. Bangalor Dr., has been the owner of the property for about 14 months and working on the project for 1 1/2 years. The site is flat and easily developed without disturbing much of it, and 70% of the site can be easily preserved. The applicant is offering as part of the consideration of the zoning change to preserve not only a large portion of the rezoned area, which is the eastern portion, but also to put restrictions on the 3.3 acre lots that are west of the wash. The zoning change should be approved because: (1) Our proposal is 100% in compliance with the 1996 General Plan and with the General Plan that the citizens rejected last year. There is less density on the site than the General Plan would allow. (2) We are offering to preserve roughly 22 acres of the 32 acre site in cooperation with Fish and Wildlife and the Town of Oro Valley. A benefit the community receives is we are giving up the easements for the future widening of Tangerine Road. There are also benefits to the Town and School District to have more residents. Greg Sansbury, Copper Canyon Development, has signed an agreement with Development Sites Limited and if this item is approved, will be the builder/developer of the neighborhood. f rPr7 Sancbi iry nnnri r C.anvnn nrwpInnmPnt 421 W RirIri Peak flr caul if the zoning goes through, he will be building semi-custom homes ranging from $450,000 to $600,000. Research showed realtors in the community are looking for that specific house range. He wants to introduce new ideas to the Town, such as using gray water systems on the entire parcel. The Water Department has been met with and water conservation is being considered. Reclaimed water is across the street and we are considering tapping into the reclaimed line for the landscaping of the subdivision, bringing the reclaimed through the easement to the Wilson School and allowing the school to be on the reclaimed water also. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 4 Water Casa is trying to figure out how much water would be saved in a larger, more expensive house. Mr. Nodine gave the Staff Report. Mr. Nodine responded to Commissioner Bistany regarding clarification of the in-lieu fees, that the code provides the in-lieu fee because not all subdivisions are appropriate to put recreation areas in, i.e. smaller subdivisions, less dense subdivisions, subdivisions that are already next to a park. The code was set up recognizing that a recreation area wasn't appropriate in every case. So, a fee is dedicated that will help the Town provide recreation areas. The advantage to the Town is the money can go to Parks to provide recreation to the public in a more general area of the Town. The amount of money is the developed value of '/ acre based on fair market value. The developer is required to hire an appraiser to do an appraisal on what '/4 acre of the property developed would be worth. That establishes the in- lieu fee. Commissioner McKee said that the Staff Report says a detention basin is needed, but the analysis report says it is not needed. Could it be clarified which is correct? Mr. Trenary, Public Works Engineering Department answered that there has not been a full review done yet. This is a natural drainage and at the moment it wouldn't need to have a detention basin, because the disturbance isn't going to be increased very much. Commissioner McKee asked a question regarding access to the wash. A trail through the wash seems to lead to nowhere and come from nowhere. One of the conditions is adequate barriers to intrusion into the school. What is adequate? Mr. Nodine responded to Commissioner McKee's question regarding access to the school, that he does not have the details from the Police as to what they were specifically looking for. Staff will look at the Preliminary Plat and Landscape Plan to make sure access has been addressed. Currently there is a chain link fence around the school property and recreation area, including paralleling north and south along the wash. Mr. Winters answered Commissioner McKee regarding new acceleration and turn lanes on Tangerine Road, that the applicant has no choice but to pay for those. In response to Vice Chair Anning regarding the area to the east of the subject site, Mr. Nodine said he believed there are 3 homes, one of which is vacant. Almost all of that area is low density residential, and a small portion is medium density residential. The project site matches the General Plan riesignation to the immediate east IIIN�VIIVV �IIV VVIIVILAI 1 I\A11 MVVIMII�.I�IVII V V IIIIIIIVMI6.CVV V\AVv• Commissioner Manross said the builder made reference to volunteering to take the effluent water line from across Tangerine through the property and under the school. Is Wilson going to be part of the effluent system already in design? Mr. Nodine did not know. Attorney Andrews said it would depend on the amount of irrigable acreage on the property as to whether they would be required to use the effluent, i.e. 5 acres of land needing irrigation. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 5 Mr. Nodine answered Commissioner Manross' question regarding the Town's responsibility to oversee the CC&Rs, that the Town would not be involved in the enforcement of the CC&Rs. The only thing the Town does with CC&Rs is to make sure that they meet the stipulations of the plat. In other words, that way we make sure that the home owners when they read the CC&Rs are notified of what requirements there are. Other than that besides the first review of the CC&Rs, we don't get involved in any enforcement. We simply review them at the time of the final plat. Mr. Nodine responded to Commissioner McKee that the owners of the property will not be able to have horses, because the area is designated as conservation area. Corrals or areas that are designated for livestock are considered to be areas which are graded. PUBLIC HEARING opened at 7:00 p.m. Aaron Franco, 12833 N. Mystic View Place, was in attendance to show his support of the builder, Greg Sansbury of Copper Canyon Development. Mr. Franco owns one of the homes Mr. Sansbury built. Mr. Sansbury's homes are of the utmost quality and would be an asset to the Town of Oro Valley. Rev. William Seale who turned in a blue speaker card was called out of the meeting prior to the public hearing and will not be speaking. His card indicated support of the project. PUBLIC HEARING closed at 7:02 p.m. Chair Cox said he spent a fair amount of time walking and looking at the site. It is a great site. He knows Mr. Sansbury in a professional relationship and Mr. Sansbury builds a quality product. The agreement to join with the gray water process is certainly beneficial to the Town. MOTION: Vice Chair Anning MOVED to recommend approval of OV9-04-10, rezoning 17.57 acres located on the south side of Tangerine Road near Comino Del Plata from R1-144 to R1-36, subject to the conditions listed in Exhibit A attached. Commissioner Bistany seconded the motion. Discussion: Vice Chair Anning said this project is consistent with the goals and objectives of the General Plan for this area. It does respect the density to the west of Vista del Sol by matching a comparable density between the wash and Vista del Sol. It is a nice mesh with the Wilson School becai se there can be a walkvray accecc between the lots and the school. It respects the riensity proposed the General Plan for the area the east. This v�.. v. � '..r v�.rvvvw in VI Iv vvl Ivl LAI 1 lul for the area to the This 11 is a development that deserves to be done. The developer is doing a tremendous job of preserving natural space. Motion carried 5 yes, 0 no. March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 6 2. PUBLIC HEARING - OV8-04-11, FINA COMPANIES LLC, REPRESENTING MERCADO BSF LLC, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP LOTS 14 & 15 OF THE MERCADO DEL RIO COMMERCIAL CENTER AS AN AUTOMOTIVE SERVICE AND REPAIR FACILITY, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL 224-281-43A Paula Donley, applicant, 1980 E. Palisades Road representing the master development, Mercado del Rio, showed a plan of the site. Mayor and Council recommended approval for a CUP for Brakemaster. Auto uses were restricted to five lots. The rest of the lots are restricted by the CC&Rs and cannot be used for auto in any way. Because the five lots back up to the back of Target, it is not a very attractive site and thus is an appropriate area for auto use. Limited in the CC&Rs are that any bay doors cannot face Pusch View and cannot face into the rest of the project. We have worked to mitigate some visual impact with additional landscaping and with a screen wall. Chad Nicholas, Development Project Manager with Fina Companies, 1800 N. Stone Avenue, spoke. Fina Companies will be purchasing lots 14 and 15 of the Mercado del Rio development and will be building a 7,500 square foot building which will be leased to Firestone Retail Operation, USA. This building will consist of approximately 10 bays, a showroom, office space, tire storage, 33 parking spaces, and a 10 foot landscaped buffer. The building will be in compliance with the Mercado del Rio design criteria. Two conditions Staff placed on the CUP are the sound mitigation and visual screening of the bay doors. A sound study was done on the Mercado del Rio subdivision. Basically the report states in Exhibit B that the sound from the air guns of approximately 45 decibels will be traveling at a 45 degree angle across Pusch View Lane. On a normal day on Pusch View Lane, traffic will create approximately 60 decibels, which will then in theory wash out the sound from the air guns. On a Saturday/Sunday morning there may not be as much traffic on Pusch View Lane, so dense vegetation and architectural screen wall will be placed on the southern and eastern lot lines. This is being done in conjunction with Paula Donley and her staff. The screening wall also screens the bay doors. There will be a 6 foot Mercado del Rio monument sign that will also aid in abatement of the noise and visual screening. Overall the criteria set forth by Staff has been met. Mr. Nodine gave the Staff Report. Mr. Nicholas told Commissioner Manross that the hours of operation as stated in the Staff Report indicating Monday through Friday and Saturday are correct. They will not be open on Sunday. PUBLIC HEARING opened at 7:15 p m Bill Adler, 10720 N. Eagle Eye Place, agreed with Mrs. Donley that the selection of the lots is appropriate. He is concerned about trying to judge noise levels based upon a written report. He is concerned about the accumulation of noise from the uses, not just looking at the noise generated from each individual use, but the collective noise combined with the road noise. All this is easy to put into a report summarized with decibels. Noise needs to be listened to. What could and should be done is to have a simulation. The various noises could be recorded and be combined into a tape for the Commission to listen to, or it could actually be March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 7 aired on site. If the Commission wants to be serious about trying to be sure noise is mitigated, it has to be listen to. The written report does not do an adequate job in helping understand what the accumulative noise impact could be on the residents across the street or to Risky Business nearby. The Commission can rely on the report, or help contribute towards simulation of the noises so as to actually listen to the noises at 65 or 67 decibels combined with an additional 54 from some other location and see what it sounds like. You would be better informed to know if it is being adequately mitigated. PUBLIC HEARING closed at 7:18 p.m. Mr. Nicholas said the report by the acoustical consultant, states that the typical municipal ordinances are set not to exceed limits, and consider instantaneous noise levels to be below 50 to 55 decibels at night and 60 to 65 decibels during the day to be acceptable. We are still at or below that level. Chair Cox said in the conditions set forth, the applicant has stated there will be certain hours of operation, but they have not been stipulated. He shares the concern of noise and some of Mr. Adler's concerns that from time to time we should try to simulate the noise. The problem is that it is difficult to do. Chair Cox would be more comfortable with the hours stipulated in the conditions and stated in the motion. Commissioner McKee said the noise level measurement is a tricky thing. You can simulate, but wind and atmospheric conditions make a difference. If the noise level is below 65 decibels, it will probably be alright. This may need to be reviewed after it is built and check to see if it is below the 65 decibels. On the noise report it references a hotel to the west of the car wash. Is that going to happen? Mr. Nodine had not seen a proposal yet and would let the applicant answer that question. Mrs. Donley said there has been discussion with some hotels about the possibility of locating to the west of the car wash. Commissioner McKee commented that there will be a "bounce" effect with the noise and that may affect the hotel. Commissioner Manross said that from the town limits at Suffolk Hills up to First Avenue there are ten automobile repair places, brake shops and/or tire stores already in operation or in the process of being built. Now another one is proposed here on a place where there is already a brake center approved n right nextthis proposal nr� �n�+h.�, brake shop already .. the approve too this and another brake shop already on the property out front. He is concerned that there is going to be an overload of car shops on the Oracle Road District. That needs to be considered when the Commission votes. MOTION: Commissioner Manross MOVED to recommend denial of 0VR-04-11 conditional use permit for a Firestone store on lots 14 and 15 of the Mercado Del Rio Commercial Center. Motion failed for lack of a second. 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 March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 8 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. 3, PUBLIC HEARING - OV8-04-09, JOHN REDDELL ARCHITECTS, INC., ON BEHALF OF THE PROPOSED ORO VALLEY CAR WASH, REQUESTS APPROVAL OF A CONDTIONAL USE PERMIT TO DEVELOP LOT 11 OF THE MERCADO DEL RIO COMMERICAL CENTER AS A AUTOMOTIVE CAR WASH, LOCATED ON THE NORTH SIDE OF PUSCH VIEW LANE, WEST OF ORACLE ROAD ON PARCEL NUMBER 224-28- 143A John Reddell, John Reddell Architects, 2501 N. Hayden Road Suite 103, Scottsdale, AZ, applicant, said his request is a conditional use permit for a full service car wash. It would be located on lot 11 which is the rear lot at the very northeast corner of Mercado del Rio. The site is approximately 53,000 square feet and is a long narrow site with an overhead power line with the easement going north/south through the site. That limits construction of any building on the site to the west side. It dictates placement of structures on site and vehicular circulation. Vehicular circulation for a car wash should be in a counter clockwise motion which eliminates cross-vehicular circulation and makes it easier for the customer. It also allows for an easy on and exit off of a tunnel conveyor, which this car wash will have. Cars would enter off Pusch View and be directed to the north to the vacuum canopy at the rear of the property. Noise has been an issue at the vacuum area. The vacuum is generated by a motor which is housed within a confined building with a pipe that comes out with a very low noise generation. All the equipment for the car wash is housed within the tunnel area which has an opening for the car to enter and exit. The west side has an equipment room which is housed within a masonry structure. Per a condition in Exhibit A there will be a partial wall with vegetation and an extended 5 foot high wall to help with noise contamination. Mr. Reddell talked with Kevin McCaleb, Town of Oro Valley Water Conservation Specialist and submitted a water conservation plan. It is a reclaimed and conserve system. In all car washes the water is taken through a series of sediment tanks before going into the public sewer system. This system pumps the water out of the conveyor and catches it in a 2,000 gallon, three compartment sediment tank which collects all the larger solids. Then the water goes into a 2,000 gallon single tank where it slows down allowing the finer solids to settle. The water then goes back into the equipment room where the conserve system takes 100 gallons per minute, cleaning it and put it back into a 3rd 2,000 gallon holding tank. From the holding tank it goes back into the car wash system. Approximately 49 '/2 gallons are used per car, which is significantly lass than the 75 to 140 gallons used washing a car at home. About 37% of the water is reclaimed and about 12 gallons of fresh water used per car. There is some carry off water residual on cars as they leave. Through the process of the water being captured and used, approximately 74.7% is reclaimed. The percentage of fresh water is about 25%. Future expansion is planned with a building at the rear for detail. The bays open towards the service area of Target. Trash pickup would be at the rear of the property. There would be a one-way exit out of the back side for trash collection and a full circle drive for fire protection. . March 1, 2005 APPROVED MINUTES, PLANNING AND ZONING COMMISSION 9 Mr. Nodine gave the Staff report. To make clear for the record, the building to the north is not being approved at this point, only the overall conditional use for the property. Mr. Nodine told Commissioner Bistany that the hours of operation were established by the code when it was being drafted, considering what would be reasonable in operations of this kind. If the Commission had additional concerns about the hours of operation, that could be stipulated as an additional condition. PUBLIC HEARING opened and closed at 7:40 p.m. No speakers. MOTION: Commissioner Manross MOVED to recommend approval of OV3-04- 09, conditional use permit for a car wash on Lot 11 of the Mercado Del Rio Commercial Center, subject to the conditions within Exhibit A. Vice Chair Anning seconded the motion. Motion carried 5 yes, 0 no. BREAK: 7:35 p.m. to 7:40 p.m. 4. FISCAL YEARS 2005-2006 THROUGH 2009-2010 CAPITAL IMPROVEMENTS PLAN Mr. Nodine gave the Staff Report. The Commissioner's recommendation will go to the Town Council on March 16'2005. Commissioner Bistany commented that he had attended the CIP meetings and wanted to make it a matter on record that Mr. Nodine's participation and handling of the meetings was great. His dedication and knowledge were very helpful. He personally thanked Mr. Nodine for his efforts. MOTION: Commissioner Manross MOVED to recommend approval of the FY 2005-06 CIP as presented by the TAC and forward to Council. Commissioner Bistany seconded the motion. Motion carried 5 yes, 0 no. PLANNING UPDATE Mr. Nodine said there was nothing to report at this time. ADJOURN REGULAR SESSION MOTION: Vice Chair Anning MOVED to adjourn the Planning and Zoning Commission regular session at 7:55 p.m. Commissioner Manross seconded the motion Mntinn carried 5 yes_ 0 no. Respectfully submitted, Diane Chapman, Recording Secretary LEY q� TOWN OF ORO VALLEY JP4 CO MI CITY DEVELOPMENT DEPART! IT 0Planning and Zoning•Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 �` _p Oro Valley Public Library + 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 Parks and Recreation 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 FUNDED 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, ----131aev David Ronquillo Planner cc: Shirley Gay Kit &Paula Donley, Fax 797-2541 www.townoforovalley.com 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. „,, 0 NNW APR ki 2005 C c U 1 T i C April 19, 2005 Bayer Vella Oro Valley City Office 11000 N. La Canada Drive Oro Valley, AZ 85737 RE: Mercado Del Rio, Firestone, Open on Sunday's Dear Bayer: I have spoken with Jeff Weir regarding meeting with council members for the "open Sundays” issue for Firestone. He is passing it back to you, and has emailed me referencing a discussion with Bryant Nodine suggesting that I send you this letter requesting the change and that you would initiate the next steps when appropriate. Therefore, we are officially requesting that we remove the restriction from the Conditional Use Permit for Firestone tire to be open on Sundays. We were misinformed, Firestone is open on Sundays and we made an incorrect statement at the P & Z meeting. Brake Masters, located next door, nor any other tire store, has that restriction, nor does any other business that we are aware of. Firestone's Sunday business is a critical component to their successful business operation. We expect to put the property into escrow and continue the Conditional Use Permit process before very long, but need to have some indication that this restriction can be removed. Thank you in advance for your help. Sincerely, FORTE EQUITIES, LLC 49//i Gary S. Lovelace cc: David Fina, David Ronquillo 7''"`c N. Mona Lisa #201 . Tucson, AZ n�741 520.297.363 Fax 520.297.0360 . email: gar) rtecquitics.con 4/26/05 Dear Gary, I received your letter dated 4/19/05 requesting that the Town remove the "recommended" restriction on Sunday business. This is an issue that was raised by the Planning & Zoning Commission — not Town staff. As explained previously, the only way to resolve this issue is to address it at a public hearing - as part of the conditional use permit. To proceed with a conditional use permit, you must have the consent of the property owner. In this case, consent has been specifically declined by the property owner. As a result, the conditional use permit may not proceed to public hearing. If consent is obtained from the property owner—we will schedule a public hearing as soon as possible. Sincerely, Bayer Vella, AICP Principal Planner Copy: Paula & Kit Donley Jeff Weir, Bryant Nodine, and Joe Andrews