HomeMy WebLinkAboutOV90318 I2 .
TOWN OF ORO VALLEY
STAFF REPORT TO PLANNING AND ZONING COMMISSION MEETING DATE: September 2, 2003
TO: PLANNING AND ZONING COMMISSION
FROM: Robert Conant, Planner II
SUBJECT: PUBLIC HEARING — OV9-03-18, TRANSLATIONAL ZONING FROM PIMA COUNTY
CB-1 (LOCAL BUSINESS ZONE) TO THE TOWN'S C-2 (COMMERCIAL DISTRICT),
BOUNDED ON THE WEST BY ORACLE ROAD, ON THE NORTH BY VERDE
CATALINA TOWNHOUSES, ON THE EAST BY THE SISTERS OF THE
IMMACULATATE HEART AND ON THE SOUTH BY MAGEE ROAD, THE AREA IS
ALSO KNOWN AS RIDGEVIEW PLAZA, PARCELS 225-141-93D, 225-142-400, 225-
141-93B, 225-142-510, 225-142-41A, 225-142-520, 225-142-48A, 225-141-94A, 225-142-460,
225-142-43A, 225-161-630, 225-170-17B
BACKGROUND:
On May 7, 2003, the Town of Oro Valley annexed the above referenced area as part of a larger annexation of
land called "Area B" (Ordinance No. (0) 03-09). The attached map identifies the location of the area and the
current and proposed zoning designations.
In accordance with State Statutes, the Town is required to change or "translate" the zoning on the annexed
properties from its original zoning designation to the closest comparable Oro Valley zoning designation.
Section 9-471(L) of the Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and
uses no greater than those permitted by the county immediately before annexation. Subsequent
changes in zoning of the annexed territory shall be made according to existing procedures
established by the city or town for the rezoning of land."
SUMMARY:
The Pima County zoning designation for the area is Local Business Zone (CB-1) and the most similar Oro
Valley zoning district is C-2 (Commercial District). The property is developed with various commercial
buildings, including a McDonalds, Tire Store and Bar.
OVERVIEW OF PROPOSED TRANSLATIONAL ZONES:
The Pima County CB-1 zone allows residential, institutional, lodging, retail, automobile service, food service,
personal services, medical service, office, business service, research and development and some trade uses.
Shopping centers are allowed in the CB-1 zone.
Oro Valley C-2 (Commercial District)
The Town's C-2 zone allows retail, food service, bars with live entertainment, medical and personal services,
lodging, movie theaters, theater and dinner entertainment, office and business service. Shopping centers are
permitted. Residential uses are not permitted.
•
• III
4
TOWN OF ORO VALLEY
PLANNING AND ZONING COMMISSION STAFF REPORT Page 2
GENERAL PLAN CONFORMANCE:
The area lies within an area designated on the current General Plan as Neighborhood Commercial land use
which would permit retail uses, such as grocery stores and drug stores that tend to serve the surrounding
neighborhoods. The translated zoning does not conform to the General Plan; however, state law requires the
Town to translate the zoning the closest use category.
NOTIFICATION:
All property owners within the annexed area have been notified of the proposed translational zoning and the
properties were posted in accordance with Town and State statutes. To date, staff has not received any
comments.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission recommend Town Council approval of the
translational zoning from Pima County CB-1 to the Town's C-2.
SUGGESTED MOTIONS:
The Planning and Zoning Commission may wish to consider one of the following suggested motions:
I move to recommend that the Town Council approve OV9-03-18, translating the zoning for Ridgeview Plaza
from Pima County CB-1 to Oro Valley C-2.
OR
I move to recommend that the Town Council approve OV9-03-18, translating the zoning for Ridgeview Plaza
from Pima County CB-1 to Oro Valley C-2, subject to the following condition(s): .
Attachments:
1. Property location
2. Current &Proposed Zoning Map
4/1/
Planning and Zoni Administrator
F:\OV\OV 9\2003\9-03-18\REZ.PZ.RPT.doc
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0V9 - 03 - 18 Translational Zoning
111 AFFIDAVIT PUBLICATION
• STATE OF ARIZONA) AUG 2 0 2003
:ss.
COUNTY OF PIMA )
KAREN BR I GHAM being first
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
0V9-03--1 8
PUBLIC NOTICE
was printed and published correctly in the regular and entire issue of said THE
DAILY TERRITORIAL for issues; that was first made
13th . AUGUST 03
on the day of 20
13th
and the last publication thereof was made on the day of
AUGUST 03
20 ; that said publication
was made on each of the following dates, to-wit:
0B/13r03
Request of
TOWN OF ORO`' VALLEY'
Daily Territorial
By
ticei
Subscribed nd swornfb bef e i day of
2� 13th . AUGUST
03 6,
Notary Public State of Arizona �.
Pima County / 9
Robyn Dailey McCombsG--
• s ary'-`. (-001064{S, ryty.of '.`State of rizona
My Commission Expis: .
)&7 /3°1
• NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY
PLANNING AND ZONING
COMMISSION
In accordance with ARS 9-462 and Section 3-108 of the Oro Valley Zoning Code Re-
vised,NOTICE OF PBULIC HEARING FOR TRANSLATIONAL ZONING FOR RE-
CENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY PLANNING AND
ZONING COMMISSION IS HEREBY GIVEN:
TIME:at or after 6:00 p.m.on TUESDAY,SEPTEMBER 2,2003
PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro
Valley,Arizona
SUBJECT: PUBLIC HEARING—OV9-03-18,TRANSLATIONAL ZONING FROM PI-
MA COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST BY ORACLE ROAD, ON THE NORTH BY
VERDE CATALINA TOWNHOUSES,ON THE EAST BY THE SISTERS OF THE IM-
MACULATATE HEART AND ON THE SOUTH BY MAGEE ROAD,THE AREA IS AL-
SO KNOWN AS RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL BUSINESS
ZONE)TO THE TOWN'S C-2(COMMERCIAL DISTRICT)DESIGNATION FOR THE
FOLLOWING PARCEL NUMBERS;225-141-93D,225-142-400,225-141-93B,225-
142-510,225-142-41A,225-142-520,225-142-48A,225-141-94A,225-142-460,225-
142-43A,225-161-630,225-170-17 B.
The property was annexed to the Town on May 7,2003 and,in accordance with State
Statutes,the Town is required to change or"translate"the zoning on annexed proper-
ties to the closest comparable zoning district within the new jurisdiction.
Members of the public are invited to attend this meeting and will be given an opportu-
nity to speak. An agenda for the meeting will be made available 24 hours prior to
meeting time. Should you have any questions regarding this matter,please contact
Bob Conant,Planner II,at(520)229-4822 or bconant@orovalley.net./s/Bayer Vella,
AICP Senior Planner
Pub:The Daily Territorial
August 13,2003
Req:Town of Oro Valley
pnov9-03-18 kb
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION
In accordance with ARS 9-462 and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF
PBULIC HEARING FOR TRANSLATIONAL ZONING FOR RECENTLY ANNEXED PROPERTY
BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN:
TIME: at or after 6:00 p. m. on TUESDAY, SEPTEMBER 2, 2003
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING—OV9-03-18,TRANSLATIONAL ZONING FROM
PIMA COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR
THE ANNEXED AREA, BOUNDED ON THE WEST BY ORACLE ROAD,
ON THE NORTH BY VERDE CATALINA TOWNHOUSES, ON THE
EAST BY THE SISTERS OF THE IMMACULATATE HEART AND ON
THE SOUTH BY MAGEE ROAD,THE AREA IS ALSO KNOWN AS
RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL
BUSINESS ZONE) TO THE TOWN'S C-2 (COMMERCIAL DISTRICT)
DESIGNATION FOR THE FOLLOWING PARCEL NUMBERS; 225-141-
93D, 225-142-400, 225-141-93B, 225-142-510, 225-142-41A, 225-142-520, 225-
142-48A, 225-141-94A, 225-142-460, 225-142-43A, 225-161-630, 225-170-17B.
The property was annexed to the Town on May 7, 2003 and, in accordance with State Statutes, the Town
is required to change or"translate" the zoning on annexed properties to the closest comparable zoning
district within the new jurisdiction.
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any
questions regarding this matter, please contact Bob Conant, Planner II, at(520) 229-4822 or
bconantri,orovalle .net.
' �• Posted: 8-12-03
Time: 10: 15 a.m.
Baye��a, AICP By: Sg
Senior P anner
F:\O V\O V9\2003\9-03-18\REZ.PZ.NOTICE.doc
APPROVED MINUTES
PLANNING COMMISSION
REGULAR SESSION
SEPTEMBER 2, 2003
TOWN COUNCIL CHAMBERS
11000 NORTH LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
PRESENT: Vice Chair Cox, Acting Chair
Commissioner Kinared
Commissioner Manross
Commissioner Krenkowitz
Commissioner Anning
EXCUSED: Chair Moody
Commissioner Bistany
Others Present: Mayor Paul Loomis
Werner Wolff, Council Member
Jeff Weir, Economic Development Administrator
Mark Langlitz, Town Attorney
Scott Nelson, Special Projects Coordinator
Bill Adler, Board of Adjustments
Bayer Vella, AICP, Senior Planner
MINUTES
MOTION: Commissioner Kinared MOVED to approve the August 5, 2003 Planning
and Zoning Commission meeting minutes as written. Commissioner Manross
seconded the motion. Motion carried 5-0.
CALL TO THE AUDIENCE OPENED: 6:03 P.M.
Bill Adler, 10720 N. Eagle Eye PI., Oro Valley, wanted to point out that Mixed Use
is not, nor has ever been, an approved land use designation in any Oro Valley
general plan. It has been directed by Council to be removed from the General
Plan pending ratification of the voters. The problem is that Mixed Use is in our
zoning code. It exists in many of the commercial designations and residential
designations. There is a contradiction between the General Plan and the Zoning
Code. He believes this needs to be reconciled. A joint study session with Town
Council should be requested, with DRB included. He asked that the Commission
make a good faith effort to get with the Council and resolve this so there is
uniformity.
September 2,2003 Approved P&Z Meeting Minutes
CALL TO THE AUDIENCE CLOSED: 6:06 P.M.
1. PUBLIC HEARING: OV8-03-05, DANIELA SHOUSE, REPRESENTING TORINO
RISTORANTE ITALIANO, REQUESTS APPROVAL OF A CONDITIONAL
USE
PERMIT FOR THE SALE OF LIQUOR ASSOCIATED WITH A FULL SERVICE
RESTAURANT LOCATED WITHIN THE CANADA CROSSROADS SHOPPING
CENTER IN A C-N (NEIGHBORHOOD COMMERCIAL) DISTRICT AT THE
SOUTHWEST CORNER OF LA CANADA DRIVE AND LAMBERT LANE, A
PORTION OF PARCEL NO. 224-39-OO1E.
Mr. Vella presented his Staff Report for OV8-03-05. The applicant wants to establish a 2,400
square foot restaurant and is in the process of receiving building permits to do so. He is
requesting the ability to offer a full bar with beer, wine and liquor with hours of operation from
11 A.M. to 11 P.M. There are two other restaurants in the shopping center that currently have
similar liquor licenses and have been in place for 2-3 years.
Applicant, Mr. Shouse, who owns of Café Torino, stated that he has operated the restaurant since
January, 2001. They would like expand their facilities to offer more upscale dining for the area.
They hope they can go forward with the liquor license. The restaurant should be open by about
October 20.
Mr. Vella responded to Commissioner Kinared that of the two conditions in Exhibit A, condition
#1 is worded differently than what was specified on Page 1 of the report. Condition #2 varies
slightly by allowing the time to be from 11 A.M. to 11 P.M., seven days a week.
Mr. Vella told Commissioner Krenkowitz that the language in the CUP recommended on
11/13/2001 and Exhibit A should be the same.
PUBLIC HEARING OPENED AND CLOSED AT 6:10 P.M.: No Speakers.
MOTION: Commissioner Krenkowitz MOVED to recommend approval of OV8-03-05,
Torino Ristorante Italiano's request for a conditional use permit to serve liquor, with the
conditions listed in Exhibit A, with one change: that paragraph 1 as now stated be deleted
and in place of that be inserted, "that recorded or live outside entertainment must not be
allowed." Commissioner Kinared seconded the motion. Motion carried 5-0.
2. DISCUSSION ITEM: OVERVIEW OF THE RECENTLY ANNEXED
PROPERTIES NEAR THE INTERSECTION OF ORACLE AND MAGEE ROADS AND
THE TRANSLATIONAL ZONING PROCESS
Mr. Vella stated that item #2 was to present an overview of the history of annexation, where we
are today and what are the legal parameters of the translational zoning process.
Mr. Scott Nelson presented an overview of the annexation process which allows for
municipalities to go through a process for one year to gather 50% plus 1 of the total property
owners of an area and 50% plus 1 for the total assessed value of an area. On area B, the process
ended on April 4, 2003. As of that date, we had 53% of the property owners and 67% of the total
2
September 2,2003 Approved P&Z Meeting Minutes
assessed value. This area is unique with great diversity with subdivisions greater than 30 years
old. The area included condos, residential, townhouses, apartments, commercial zones and a
school. The total area size is 655 acres with a population of 2,234 and 120 plus businesses.
During the annexation process, there were applicants that came to us requesting pre-annexation
agreements, which went before the Commission and Town Council and were acted on. The
letters in your packet were for certain areas that wanted to retain their developmental rights that
they had in the County.
Attorney Mark Langlitz stated that this annexation has been a lengthy process and is at a point
where it has been completed with regard to any legal action that was taken. The Town has
prevailed on that. This is one of the largest areas that the Town has annexed with a wide variety
of uses. It is now necessary that the Town translate the zoning from the existing County to the
Town zoning---keeping in mind that the property owners should retain their existing rights under
the County zoning. The Town will translate to the closest existing comparable districts so long
as it does not increase the use or intensity. Staff has looked at all the individual parcels and has
determined which is the most appropriate Town zoning district for the property to be translated
to. The nature of the action this evening is administrative as opposed to legislative. This is
required by statute.
Acting Chair Cox stated that for the sake of expedience, items #3 through 19 on the revised
agenda basically have the same type of administrative action that needs to be taken He asks the
Commissioners and the audience if the process could be varied so that all Staff Reports were
presented at once and then hold a public hearing for all items at once. Voting on the items #3
through 19 would be done separately after the public hearing and any comments. There were no
objections to this suggested process from either the Commissioners or the audience.
3. PUBLIC HEARING: OV9-03-21, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA LOCATED ON THE SOUTHEAST CORNER OF NORTHERN AVENUE AND
CAMINO CORTARO FROM PIMA COUNTY CR-4 (MIXED DWELLING TYPE
ZONE) TO THE TOWN'S R-4 (TOWNHOUSE RESIDENTIAL DISTRICT)
DESIGNATION FOR PARCEL NUMBERS; 225-142-770, 225-142-780, 225-142-790, 225-
142-800, 225-143-440, 225-143-420, 225-143-310, 225-143-320, 225-143-330, 225-143-300,
225-143-290 225-143-280, 225-143-270, 225-143-260, 225-143-250, 225-143-240, 225-143-
410, 225-143-400, 225-143-340, 225-143-390, 225-143-380, 225-143-370, 225-143-360, 225-
143-350, 225-143-430, 225-142-810, 225-142-820, 225-142-830, 225-142-840, 225-142-850,
225-142-860, 225-142-870, 225-142-880, 225-142-890, 225-142-900, 225-142-910, 225-142-
920, 225-142-930, 225-142-940, 225-142-950, 225-142-960, 225-142-970, 225-142-980, 225-
142-990, 225-143-000, 225-143-010, 225-143-020, 225-143-030, 225-143-040, 225-143-050,
225-43-060, 225-143-070, 225-143-080, 225-143-090, 225-143-100, 225-143-110, 225-143-120,
225-143-130, 225-143-140, 225-143-150, 225-143-160, 225-143-170, 225-143-180, 225-143-
190, 225-143-200, 25-143-210, 225-143-220, 225-143-230
4. PUBLIC HEARING: OV9-03-08, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA LOCATED BETWEEN ORACLE ROAD AND NORTHERN AVENUE, E
H
OF COOL DRIVE FROM PIMA COUNTY TR (TRANSITIONAL ZONE)
TO TOPA THE
TOWN'S R-S (RESIDENTIAL SERVICE DISTRICT) DESIGNATION
FOR3
September 2,2003 Approved P&Z Meeting Minutes
NUMBERS; 225-141-890, 225-142-740, 225-142-730, 225-142-720, 225-142-710, 225-142-
700, 225-142-750, 225-142-690, 225-142-680, 225-142-670, 225-142-660, 225-142-540, 225-
142-530, 225-142-760, 225-142-550, 225-142-560, 225-142-750, 225-142-570, 225-142-580,
225-142-760, 225-142-600, 225-142-590, 225-142-760, 225-142-610, 225-142-620, 225-142-
630, 225-142-640, 225-142-650, 225-141-850, 225-141-830, 225-162-820, 225-162-810, 225-
162-800, 225-162-190, 225-162-080, 225-162-090, 225-162-200, 229-143-480, 225-143-490,
225-143-500, 225-143-510, 225-143-540, 225-143-520, 225-143-530, 225-143-460, 225-143-
470, 225-143-460, 225-161-640, 225-161-650, 225-161-860, 225-161-870, 225-161-850, 225-
161-840, 225-161-670, 225-161-660, 225-161-680, 225-161-690, 225-161-820, 225-161-830,
225-161-810, 225-161-800, 225-161-710, 225-161-700, 225-161-790, 225-161-780, 225-161-
730, 225-161-720, 225-161-740, 225-161-750, 225-161-760, 225-161-770, 225-162-790, 225-
162-780, 225-162-760, 225-162-770, 225-162-730, 225-162-720, 225-162-750, 225-162-740,
225-162-710, 225-162-700, 225-162-690, 25-162-680, 225-162-660, 225-162-670, 225-162-
650, 225-162-640, 225-162-810, 225-162-590, 225-162-600, 225-162-570, 225-162-580, 225-
162-550, 225-162-540, 225-162-620, 225-162-560, 225-162-630, 225-162-610, 225-162-410,
225-162-400, 225-162-390, 225-162-420, 225-162-370, 225-162-430, 225-162-380, 225-162-
440, 225-162-460, 225-162-470, 225-162-450, 225-162-350, 225-162-480, 225-162-490, 225-
162-360, 225-162-500, 225-162-510, 225-162-330, 225-162-520, 225-162-530, 225-162-340,
225-162-320, 225-162-310, 225-162-270, 225-162-260, 225-162-300, 225-162-280, 225-162-
290, 225-162-230, 225-162-210, 225-162-220, 225-162-240, 225-162-250, 225-162-170, 225-
162-180, 225-162-190, 225-162-150, 225-162-160, 225-162-140, 225-162-100, 225-162-110,
225-162-120, 225-162-130, 225-161-990, 225-161-980, 225-161-970, 225-161-960, 225-162-
010, 225-162-000, 225-162-950, 225-161-940, 225-162-030, 225-162-020, 225-162-930, 225-
161-920, 225-162-050, 225-162-040, 225-162-910, 225-161-900, 225-162-060, 225-162-070,
225-161-890, 225-161-880
5. PUBLIC HEARING: OV9-03-14, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, LOCATED BETWEEN ORACLE ROAD AND NORTHERN AVENUE, NORTH
OF MAGEE ROAD FROM PIMA COUNTY CB-1 (LOCAL BUSINESS ZONE)
DESIGNATION TO THE TOWN'S C-2 (COMMERCIAL DISTRICT) DESIGNATION
WITH CONDITIONS FOR PARCEL NUMBERS; 225-143-480, 225-143-550 (PORTION),
AND FOR THE ANNEXED AREA LOCATED ON THE WEST SIDE OF ORACLE
ROAD SOUTH OF CAMINO CORTARO FOR PARCELS 225-141-740, 225-141-770, 225-
141-780, 225, 225-141-76B, 225-141-76A, 225-141-750, 225-141-80A, 225-141-92C
(PORTION), 225-141-170C, 225-141-70A, 225-141-70B, 225-141-710 AND 225-141-73A;
6. PUBLIC HEARING: OV9-03-22, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, LOCATED ONE QUARTER MILE NORTH FROM THE INTERSECTION OF
ORACLE ROAD AND MAGEE ROAD ON THE WEST SIDE OF ORACLE ROAD
FROM PIMA COUNTY SR (SUBURBAN RANCH ZONE) TO THE TOWN'S R-144
(SINGLE FAMILY RESIDENTIAL DISTRICT) DESIGNATION FOR PARCEL
NUMBER 225-141-870
7. PUBLIC HEARING: OV9-03-23, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED D
AREA LOCATED ON THE SOUTHEAST CORNER OF NORTHERN AVENUE
4
September 2,2003 Approved P&Z Meeting Minutes
COOL DRIVE FROM PIMA COUNTY CB-2 (GENERAL BUSINESS ZONE) TO THE
TOWNS C-2 (COMMERCIAL DISTRICT) FOR PARCELS 225-141-790, 225-141-92B,
225-141-92C, 225-141-80A (PORTION) AND THE ANNEXED AREA LOCATED ONE
QUARTER MILE NORTH FROM THE INTERSECTION OF ORACLE ROAD AND
MAGEE ROAD ON THE WEST SIDE OF ORACLE ROAD FOR PARCEL NUMBER;
229-141-90A
8. PUBLIC HEARING: OV9-03-12, TRANSLATIONAL ZONING FROM PIMA
COUNTY TR (MULTI-FAMILY RESIDENCE) ZONE TO THE TOWN'S R-S
(RESIDENTIAL SERVICE) DISTRICT DESIGNATION FOR PARCEL NUMBER 225-
50-0040, LOCATED AT THE SOUTHEAST CORNER OF MAGEE ROAD AND
NORTHERN AVENUE IN ANNEXATION AREA "B" AND DEVELOPED AS AN
OFFICE BUILDING.
9. PUBLIC HEARING: OV9-03-13, TRANSLATIONAL ZONING FROM PIMA
COUNTY SR (SUBURBAN RANCH) ZONE TO THE TOWN'S R1-144 (SINGLE-
FAMILY RESIDENTIAL) DISTRICT DESIGNATION FOR 1,743 SQUARE FOOT
PARCEL (NO. 225-50-0070) OWNED BY THE CITY OF TUCSON AS A WELL SITE
AND LOCATED AT THE INTERSECTION OF W. CHAPALA DRIVE AND
NORTHERN AVENUE.
10. PUBLIC HEARING: OV9-03-16, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE NORTH APPROXIMATELY %2 MILE SOUTH OF MAGEE
ROAD, ON THE EAST BY ORACLE ROAD, ON THE WEST BY THE TERMINUS OF
NORTHERN AVENUE AND ON THE SOUTH BY CATALINA VILLAGE:
TRANSLATION ZONING FROM PIMA COUNTY TR (TRANSITIONAL ZONE) TO
THE TOWN'S R-S (RESIDENTIAL SERVICE DISTRICT) DESIGNATION FOR
PARCEL NUMBERS; 225-512-690 AND 225-512-700.
11. PUBLIC HEARING: OV9-03-09, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST BY ORACLE ROAD, ON THE SOUTH BY
RIDGEVIEW PLAZA, ON THE NORTH BY DESERT WILLOWS SUBDIVISION AND
ON THE EAST BY RANCHO CATALINA, THE AREA IS ALSO KNOWN AS VERDE
CATALINA TOWNHOUSES, AND FURTHER THE AREA KNOWN AS CATALINA
CITRUS ESTATES (SISTERS OF THE IMMACULATE HEART), BOUNDED ON THE
WEST BY RIDGEVIEW PLAZA, ON THE SOUTH BY MAGEE ROAD, ON THE
NORTH BY RANCHO CATALINA AND ON THE EAST BY THE CORONADO
NATIONAL FOREST:
TRANSLATIONAL ZONING FROM PIMA COUNTY SR (SUBURBAN RANCH) TO
THE TOWN'S R1-144 (SINGLE-FAMILY RESIDENTIAL) DESIGNATION FOR
PARCEL NUMBERS; 225-142-400, 225-142-41A, 225-142-43A, 225-170-17B, 225-170-18B,
225-170-190, 225-141-91A, 225-130-10A, 225-170-25A, 225-170-26A, 225-170-280, 225-170-
290, 225-170-320, 225-130-11A, 225-170-330, 225-170-340, 225-170-350, 225-170-360, 225-
170-370, 225-170-380, 225-170-390, 225-130-120, 225-161-240, 225-161-250, 225-161-260,
5
September 2,2003 Approved P&Z Meeting Minutes
225-161-270, 225-161-280, 225-161-290, 225-161-300, 225-161-310, 225-161-320, 225-161-
330, 225-161-230, 225-161-500, 225-161-340, 225-161-220, 225-161-510, 225-161-490, 225-
161-350, 225-161-210, 225-161-520, 225-161-480, 225-161-360, 225-161-200, 225-161-530,
225-161-370, 225-161-540, 225-161-380, 225-161-550, 225-161-390, 225-161-190, 225-161-
560, 225-161-180, 225-161-470, 225-161-170, 225-161-570, 225-161-400, 225-161-460, 225-
161-160, 225-161-580, 225-161-410, 225-161-450, 225-161-150, 225-161-420, 225-161-590,
225-161-440, 225-161-140, 225-161-430, 225-161-630, 225-160-900, 225-161-070, 225-160-
910, 225-161-130, 225-161-120, 225-161-110, 225-161-100, 225-161-060, 225-161-090, 225-
161-080, 225-160-920, 225-161-050, 225-160-930, 225-161-040, 225-161-030, 225-160-940,
225-160-950, 225-160-960, 225-160-970, 225-160-980, 225-160-990, 225-161-000, 225-161-
010, 225-161-020, 225-161-620, 225-160-520, 225-160-530, 225-160-540, 225-160-550, 225-
160-560, 225-160-570, 225-160-580, 225-160-590, 225-160-600, 225-160-610, 225-160-500,
225-160-620, 225-160-500, 225-160-630, 225-160-810, 225-160-800, 225-160-790, 225-160-
780, 225-160-770, 225-160-760, 225-160-490, 225-160-640, 225-160-650, 225-160-480, 225-
160-820, 225-160-830, 225-160-840, 225-160-850, 225-160-660, 225-160-670, 225-160-470,
225-160-680, 225-160-460, 225-160-750, 225-160-860, 225-160-690, 225-160-450, 225-160-
740, 225-160-870, 225-160-700, 225-160-440, 225-160-730, 225-160-880, 225-160-710, 225-
160-430, 225-160-720, 225-160-890, 225-160-420, 225-160-410, 225-161-610, 225-160-330,
225-160-340, 225-160-320, 225-160-350, 225-160-150, 225-160-310, 225-160-400, 225-160-
390, 225-160-380, 225-160-370, 225-160-360, 225-160-160, 225-160-300, 225-160-170, 225-
160-180, 225-161-600, 225-160-190, 225-160-200, 225-160-210, 225-160-220, 225-160-230,
225-160-240, 225-160-250, 225-160-260, 225-160-270, 225-160-280, 225-160-290.
12. PUBLIC HEARING: OV9-03-17 TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST APPROXIMATELY 630 FEET EAST OF ORACLE
ROAD, ON THE SOUTH APPROXIMATELY 580 FEET NORTH OF MAGEE ROAD,
ON THE NORTH BY RANCHO CATALINA NORTH (SOUTH OF CATALINA
SHADOWS BOULEVARD) AND ON THE EAST BY THE CORONADO NATIONAL
FOREST, THE AREA IS ALSO KNOWN AS RANCHO CATALINA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CR-1 (SINGLE FAMILY
RESIDENCE ZONE) TO THE TOWN'S R1-36 (SINGLE FAMILY RESIDENTIAL
DISTRICT) DESIGNATION FOR PARCEL NUMBERS; 225-141-91A225-130-11A, 225-
130-10A, 225-170-280, 225-170-18B, 225-170-17B, 225-170-290, 225-170-190, 225-170-240,
225-170-340, 225-170-25A, 225-170-330, 225-170-230, 225-170-200, 225-170-350, 225-170-
26A, 225-170-390, 225-170-360, 225-170-380, 225-170-370, 225-170-220, 225-170-320, 225-
170-270, 225-170-400, 225-170-210, 225-170-160, 225-170-300, 225-170-310, 225-170-760,
225-170-150, 225-170-140, 225-170-460, 225-170-770, 225-170-130, 225-170-750, 225-170-
450, 225-170-470, 225-170-440, 225-170-430, 225-170-120, 225-170-420, 225-170-410, 225-
161-630, 225-170-780, 225-170-090, 225-170-740, 225-170-730, 225-170-720, 225-170-100,
225-170-480, 225-170-710, 225-170-700, 225-170-790, 225-170-850, 225-170-800, 225-170-
110, 225-170-490, 225-170-520, 225-170-500, 225-170-510, 225-170-840, 225-170-810, 225-
170-860, 225-170-510, 225-170-690, 225-170-680, 225-170-830, 225-170-080, 225-161-620,
225-170-670, 225-170-070, 225-170-820, 225-170-870, 225-170-650, 225-170-660, 225-220_
550, 225-170-540, 225-170,530, 225-170-560, 225-170-580, 225-170-880, 225 172-10, 225-
170-060, 225-170-890, 225-170-900, 225-170-640, 225-170-940, 225 170 590, 225-170-600,
225-170-960, 225-170-930, 225-170-610, 225-172-160, 225-170-050, 225-170-
6
September 2,2003 Approved P&Z Meeting Minutes
920, 225-170-910, 225-170-630, 225-170-620, 225-172-170, 225-172-150, 225-172-180, 225-
171-060, 225-172-190, 225-172-200, 225-170-980, 225-170-970, 225-170-990, 225-171-000,
225-171-010, 225-170-040, 225-161-610, 225-171-020, 225-171-030, 225-172-140, 225-171-
040, 225-171-050, 225-172-130, 225-172-120, 225-172-090, 225-172-100, 225-172-110, 225-
172-22A.
13. PUBLIC HEARING: OV9-03-18, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST BY ORACLE ROAD, ON THE NORTH BY VERDE
CATALINA TOWNHOUSES, ON THE EAST BY THE SISTERS OF THE
IMMACULATATE HEART AND ON THE SOUTH BY MAGEE ROAD, THE AREA IS
ALSO KNOWN AS RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL BUSINESS ZONE)
TO THE TOWN'S C-2 (COMMERCIAL DISTRICT) DESIGNATION FOR THE
FOLLOWING PARCEL NUMBERS; 225-141-93D, 225-142-400, 225-141-93B, 225-142-
510, 225-142-41A, 225-142-520, 225-142-48A, 225-141-94A, 225-142-460, 225-142-43A, 225-
161-630, 225-170-17B.
14. PUBLIC HEARING: OV9-03-07, TRANSLATIONAL ZONING FROM PIMA
COUNTY CB-1 (LOCAL BUSINESS) DISTRICT TO THE TOWN'S C-2
(COMMERCIAL) DISTRICT DESIGNATION, WITH CONDITIONS, FOR PARCEL
NUMBERS 225-51-004A, 225-51-2170, 225-51-2180, 225-51-2140, 225-51-2160 AND 225-
51-2150, LOCATED AT THE SOUTHEAST CORNER OF MAGEE ROAD AND
ORACLE ROAD IN ANNEXATION AREA "B" AND DEVELOPED AS THE "PLAZA
ESCONDIDA" SHOPPING CENTER.
15. PUBLIC HEARING: OV9-03-10, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE NORTH BY MAGEE ROAD, ON THE WEST
APPROXIMATELY 445-FEET EAST OF ORACLE ROAD, ON THE SOUTH BY
CATALINA VILLAGE AND WESTWARD LOOK GUEST RANCH AND ON THE
EAST BY COBO CATALINA HILLS, THE AREA IS ALSO KNOWN AS SUFFOLK
HILLS:
TRANSLATIONAL ZONING FROM PIMA COUNTY CR-1 (SINGLE FAMILY
RESIDENCE ZONE) TO THE TOWN'S R1-36 (SINGLE FAMILY RESIDENTIAL
DISTRICT) DESIGNATION FOR PARCEL NUMBERS; 225-511-320, 225-512-080, 225-
510-280, 225-511-480, 225-511-200, 225-511-300, 225-510-210, 225-511-40A, 225-511-470,
225-511-41A, 225-510-220, 225-512-070, 225-511-890, 225-511-290, 225-510-230, 225-511-
42A, 225-510-290, 225-510-270, 225-510-260, 225-510-240, 225-510-250, 225-511-210, 225-
511-280, 225-511-43B, 225-511-900, 225-512-060, 225-511-220, 225-511-44A, 225-511-910,
225-511-230, 225-511-450, 225-511-460, 225-512-05A, 225-511-920, 225-510-300, 225-511-
240, 225-510-440, 225-511-930, 225-511-250, 225-512-04A, 225-510-430, 225-511-100, 225-
511-880, 225-511-270, 225-511-260, 225-511-940, 225-511-110, 225-510-420, 225-512-030,
225-510-410, 225-512-020, 225-512-010, 225-511-950, 225-512-000, 225-511-390, 225-510-
400, 225-510-390, 225-510-380, 225-510-370, 225-510-310, 225-511-090, 225-510-450, 225-
510-36B, 225-511-120, 225-511-960, 225-511-080, 225-511-130, 225-511-380, 225-510-460,
7
September 2,2003 Approved P&Z Meeting Minutes
225-510-36C, 225-511-970, 225-511-140, 225-511-150, 225-511-160, 225-511-170, 225-511-
180, 225-512-130, 225-512-120, 225-512-110, 225-511-980, 225-511-070, 225-511-33C, 225-
511-350, 225-512-100, 225-511-360, 225-510-470, 225-510-340, 225-510-330, 225-511-060,
225-511-370, 225-511-33D, 225-510-320, 225-510-480, 225-511-33E, 225-511-050, 225-512-
090,225-511-040, 225-511-820, 225-510-490, 225-511-030, 225-511-020, 225-511-810,
225-511-830, 225-511-010, 225-511-000, 225-510-790, 225-511-840, 225-510-92A, 225-511-
850, 225-510-530, 225-511-630, 225-511-860, 225-510-640, 225-511-620, 225-510-540, 225-
510-91A, 225-510-890, 225-511-610, 225-510-980, 225-510-930, 225-510-52A, 225-510-550,
225-511-730, 225-511-650, 225-510-500, 225-511-600, 225-510-900, 225-510-51A, 225-510-
560, 225-511-800, 225-511-790, 225-511-780, 225-511-770, 225-511-760, 225-511-780, 225-
511-750, 225-511-770, 225-511-740, 225-511-760, 225-511-750,225-510-970, 225-510-880,
225-510-840, 225-510-570, 225-510-970, 225-511-590, 225-510-940, 225-510-850, 225-511-
720, 225-510-950, 225-510-870, 225-510-860, 225-511-67A, 225-510-960, 225-510-580, 225-
510-81A, 225-511-580, 225-510-590, 225-511-710, 225-510-81B, 225-510-820, 225-510-740,
225-510-830, 225-511-570, 225-510-750, 225-510-600, 225-511-700, 225-510-730, 225-511-
690, 225-511-560, 225-510-610, 225-511-680, 225-511-55B, 225-510-720, 225-510-760, 225-
510-620, 225-510-800, 225-510-790, 225-510-780, 225-510-770, 225-510-630, 225-510-640,
225-510-650, 225-510-660, 225-510-670, 225-510-680, 225-510-690, 225-510-700, 225-510-
710, 225-500-010, 225-511-490, 225-511-500, 225-511-510, 225-511-520, 225-511-530, 225-
511-540, 225-511-55A, 225-511-190, 225-511-310.
16. PUBLIC HEARING: OV9-03-19, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE NORTH BY MAGEE ROAD AND ON THE WEST, SOUTH
AND EAST BY SUFFOLK HILLS, THE AREA IS ALSO KNOWN AS THE
IMMACULATE HEART SCHOOL:
TRANSLATION ZONING FROM PIMA COUNTY SR (SUBURAN RANCH) TO THE
TOWN'S R1-144 (SINGLE FAMILY RESIDENTIAL DISTRICT) DESIGNATION FOR
PARCEL NUMBER: 225-500-010.
17. PUBLIC HEARING: OV9-03-06, TRANSLATIONAL ZONING FROM PIMA
COUNTY TR (TRANSITIONAL) ZONE TO THE TOWN'S R-S (RESIDENTIAL
SERVICE) DISTRICT DESIGNATION FOR PARCEL NUMBER 225-51-0190; AND
FROM PIMA COUNTY TR (TRANSITIONAL) ZONE TO THE TOWN'S R-S
(RESIDENTIAL SERVICE) DISTRICT DESIGNATION WITH A CONDITION FOR
PARCEL NUMBERS 225-51-011A, 225-51-018A AND 225-51-0200, ALL LOCATED ON
THE EAST SIDE OF ORACLE ROAD BETWEEN MAGEE ROAD AND SUFFOLK
DRIVE.
18. PUBLIC HEARING: OV9-03-15, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST BY ORACLE ROAD, ON
TH
APPROXIMATELY 1,115-FEET SOUTH OF MAGEE ROAD, ON THE EAST BY
SUFFOLK HILLS AND ON THE SOUTH APPROXIMATELY 1,075-FEET NORTH OF
SUFFOLK HILLS DRIVE:
8
September 2, 2003 Approved P&Z Meeting Minutes
TRANSLATION ZONING FROM PIMA COUNTY SR (SUBURBAN RANCH) TO THE
TOWN'S R1-144 (SINGLE FAMILY RESIDENTIAL DISTRICT) DESIGNATIO
N PARCEL NUMBER; 225-510-12A.
19. PUBLIC HEARING: OV9-03-20, TRANSLATIONAL ZONING FROM PIMA
COUNTY TO THE TOWN OF ORO VALLEY EQUIVALENT FOR THE ANNEXED
AREA, BOUNDED ON THE WEST BY ORACLE ROAD, ON THE NORTH
APPROXIMATELY 1,274-FEET SOUTH OF MAGEE ROAD, ON THE EAST BY
SUFFOLK HILLS AND ON THE SOUTH APPROXIMATELY 503-FEET NORTH OF
SUFFOLK HILLS DRIVE:
TRANSLATIONAL ZONING FROM PIMA COUNTY TR (TRANSITIONAL ZONE) TO
THE TOWN'S R-S (RESIDENTIAL SERVICE DISTRICT) DESIGNATION FOR
PARCEL NUMBERS; 225-510-130, 225-510-140, 225-510-150, 225-510-160, 225-510-17B
AND 225-510-17A.
Acting Chair Cox opened up discussion and questions from the Commissioners:
Item #5, the development plan approved by Pima County will be honored by the Town,
as well as any unfinished portions. It is functionally equivalent to a pre-annexation
agreement. It would be good to add the condition that all development plans in place be
honored.
Item #15, OV9-03-10, Exhibit 4, last page indicates that translation is from Pima County
CR-1 to Oro Valley, R1-144 whereas the text in the recommendation reflects R1-36.
The correct zoning is R1-36.
PUBLIC HEARING FOR ALL TRANSLATIONAL ZONINGS OPENED AT 6:40 P.M.
Bill Adler, 10720 N. Eagle Eye asked to speak on Agenda item #3 and #5. He does not
look as translational zonings as routine, so he objects to the procedure. He sees
translational zoning as an opportunity to place zoning on property that reflects what we
would like it to be rather than what it is. We can allow existing development to continue
and no interference in development rights or pre-annexation agreements. If there were
major changes or redevelopment in the area, then we should have zoning in place that
we would like to have rather than the equivalent of what is in existence now. For
example, item #3, he objects to the 34 foot building height, and if this area is ever
redeveloped it should comply with Oro Valley zoning code. This should be stipulated.
On item #5, he feels that it would be better to rezone to CN rather than C-1 because it is
adjacent to residential areas. He is not suggesting mandating changes on existing
zoning. The zoning we put into place creates a legal, non-conforming situation. Oro
Valley has restrictive ordinance by reputation because we want a desirable appearance.
John James, 661 Mountain Sunrise Place, withdrew from speaking as Mr. Vella
answered his questions regarding horse property.
PUBLIC HEARING CLOSED AT 6:45 P.M.
9
September 2,2003 Approved P&Z Meeting Minutes
Acting Chair Cox opened up discussion and questions for Staff.
There is no time period that the Town would have to wait to begin applying zoning
classifications to the land to more closely represent how the land is used. Any change
in zoning would have to follow the Town's normal rezoning procedure which would
commence at any time and includes instigation by the Town itself.
Change of ownership does not change any of the zoning requirements. It is attached to
the land and stays with it no matter who owns the land.
The translational zoning cannot increase intensity or uses, nor can the zoning be
reduced. Zoning classification must be adopted that allow the property owner to retain
their existing rights.
Following are the motions on the forgoing Staff Reports:
#3. MOTION: Commissioner Kinared MOVED to recommend that Town Council
approve OV9-03-21, translating the zoning from Pima County CR-4 (Multiple Dwelling
Type Zone) to Oro Valley R-4 (Townhouse Residential) for the proposed parcels, with a
condition that the County CR-4 building height be maintained by the Town.
Commissioner Krenkowitz seconded the motion. Motion carried 5-0.
#4. MOTION: Commissioner Manross MOVED to recommend that Town Council
approve OV9-03-08, translating zoning from Pima County TR(Transitional Zone) to Oro
Valley R-S (Residential Service District) for the proposed parcels. Commissioner Anning
seconded the motion. Motion carried 5-0.
#5. MOTION: Commissioner Krenkowitz MOVED to recommend that the Town
Council approve OV9-03-14, translating zoning from Pima County CB-1 (Local Business
Zone) to the Oro Valley C-2 (Commercial District) for the proposed parcels, with the
condition that the owner of the property commonly known as Plaza De Vida shall
continue to have the development rights now accorded to that owner under the approved
Development Plan recorded in Book 56, at page 99. Commissioner Manross seconded
the motion. Motion carried 5-0.
#6. MOTION: Commissioner Krenkowitz moved to recommend that the Town Council
approve OV9-03-22, translating the zoning from Pima County SR (Suburban Ranch) to
Oro Valley R1-144 (Single Family Residential) with the condition that the horse and other
farm animal rights granted by the Town Council in Resolution 02-68 on August 1, 2002, be
attached to the zoning. Commissioner Anning seconded the motion. Motion carried 5-0.
#7. MOTION: Commissioner Krenkowitz MOVED to recommend that Town Council
approve OV9-03-23, translating zoning from Pima County CB-2 (General Business Zone)
to the Oro Valley C-2 (Commercial District) for the proposed parcels. Commissioner
Manross seconded the motion. Motion carried 5-0.
10
September 2,2003 Approved P&Z Meeting Minutes
#8. MOTION: Commissioner Manross MOVED to recommend approval of OV9-03-12,
translating zoning of Parcel No. 225-50-0040 to the Town of Oro Valley R-S (Residential
Service) District. Commissioner Krenkowitz seconded the motion. Motion carried 5-0.
#9. MOTION: Commissioner Anning MOVED to recommend approval of OV9-03-13,
translating zoning of Parcel No. 225-50-0070 to the Town of Oro Valley R1-144 (Single
Family Residential) District. Commissioner Krenkowitz seconded the motion. Motion
carried 5-0.
#10. MOTION: Commissioner Manross MOVED to recommend that the Town Council
approve OV9-03-16, translating the zoning from Pima County Transitional Zone to Oro
Valley Residential Service District. Commissioner Anning seconded the motion. Motion
carried 5-0.
#11. MOTION: Commissioner Krenkowitz MOVED to recommend that the Town Council
approve OV9-03-09, translating zoning for the Verde Catalina Townhouses and the Sisters
of the Immaculate Heart properties, from Pima County SR to Oro Valley R1-144, with the
condition that horse and other farm animal rights permitted under the Pima County
designation of Suburban Ranch will be recognized in accordance with the Resolution of the
Town Council No. 02-68 adopted on August 1, 2002. Commissioner Manross seconded the
motion. Motion carried 5-0.
#12. MOTION: Commissioner Krenkowitz MOVED to recommend that the Town Council
approve OV9-03-17, translating the zoning for Rancho Catalina from Pima County CR-1
to Oro Valley R1-36, subject to the two conditions set forth in Exhibit A to OV9-03-17.
Commissioner Manross seconded the motion. Motion carried 5-0.
#13. MOTION: Commissioner Manross MOVED to recommend that the Town Council
approve OV9-03-18, translating the zoning for Ridgeview Plaza from Pima County CB-1 to
Oro Valley C-2. Commissioner Anning seconded the motion. Motion carried 5-0.
#14. MOTION: Commissioner Krenkowitz MOVED to recommend approval of OV9-03-
07, translating zoning of Parcel Nos. 225-51-004A, 225-51-2170, 225-51-2180, 225-51-2140,
225-51-2160, and 225-51-2150 from Pima County zoning CB-1 to the Town of Oro Valley
C-2 (Commercial) District. Commissioner Anning seconded the motion. Motion carried 5-
0.
#15. MOTION: Commissioner Krenkowitz MOVED to recommend that the Town Council
approve OV9-03-10, translating zoning for Suffolk Hills, from Pima County CR-1 to Oro
Valley R1-36, subject to the two conditions set forth in Exhibit A to OV9-03-10.
Commissioner Kinared seconded the motion. Discussion: Commissioner Anning mentioned
noting that Exhibit 4 needs to be corrected to read R1-36 instead of R1-144. Motion carried 5-
0.
#16. MOTION: Commissioner Manross MOVED to recommend that the Town Council
approve OV9-03-19, translating zoning for the Immaculate Heart School from Pima
County SR to Oro Valley R1-144, subject to the condition listed in Exhibit A, attached
herewith. Commissioner Krenkowitz seconded the motion. Motion carried 5-0.
11
September 2,2003 Approved P&Z Meeting Minutes
#17. MOTION: Commissioner Krenkowitz MOVED to recommend approval of OV9-03-
06, translating zoning of Parcel Nos. 225-51-0190, 225-51-011A, 225-51-018A and 225-51-
0200 to the Town of Oro Valley zoning R-S (Residential Service) District, with the two
conditions set forth in Exhibit A to OV9-03-06. Commissioner Anning seconded the
motion. Motion carried 5-0.
#18. MOTION: Commissioner Anning MOVED to recommend that the Town Council
approve OV9-03-15, translating the zoning from Pima County Suburban Ranch to Oro
Valley R1-144, subject to the one condition set forth in Exhibit A to OV9-03-15.
Commissioner Manross seconded the motion. Motion carried 5-0.
#19. MOTION: Commissioner Manross MOVED to recommend that the Town Council
approve OV9-03-20, translating the zoning from Pima County Transitional Zone to Oro
Valley Residential Service District. Commissioner Kinared seconded the motion. Motion
carried 5-0.
Commissioner Kinared would like to have Staff look into and report on Bill Adler's Call to
the Audience comments regarding the conflict between the General Plan and Zoning
Code Mixed Use designation and present at the next meeting.
Commissioner Krenkowitz suggested that prior to Staff researching the above, that they
consider if there is any conflict that requires resolution.
Commissioner Krenkowitz would also like for Staff to report at the next meeting on what
is happening with Cricket Communication. Has anything been done? What can be
done? How does their bankruptcy affect the Town's ability to alleviate the violation?
ADJOURN REGULAR SESSION
MOTION: Commissioner Kinared MOVED to adjourn. Commissioner Krenkowitz
seconded the motion. Motion carried 5-0. Meeting adjourned at 7:25 p.m.
Respectfully submitted,
Diane Chapman, Recording Secretary
12
•
TOWN OF ORO VALLEY
OUNCIL COMMUNICATION MEETING DATE: October 1, 2003
TO: HONORABLE MAYOR& COUNCIL
FROM: Robert Conant,Planner II
SUBJECT: ORDINANCE (0) 03-32 (EXHIBITS K-1 AND K-2) OV9-0 -18
TRANSLATIONAL ZONING FROM PIMA COUNTY TO TOWN OF ORO
VALLEY EQUIVALENT FOR THE ANNEXED AREA, BOUNDED ON THE
WEST BY ORACLE ROAD, ON THE NORTH BY VERDE CATALINA
TOWNHOUSES, ON THE EAST BY THE SISTERS OF THE IMMACULATATE
HEART AND ON THE SOUTH BY MAGEE ROAD,THE AREA IS ALSO
KNOWN AS RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL BUSINESS
ZONE)TO THE TOWN'S C-2 (COMMERCIAL DISTRICT) DESIGNATION
FOR THE FOLLOWING PARCEL NUMBERS; 225-141-93D, 225-142-400,225-
141-93B, 225-142-510, 225-142-41A, 225-142-520,225-142-48A, 225-141-94A, 225-
142-460,225-142-43A, 225-161-630,225-170-17B
.BACKGROUND:
On May 7, 2003, the Town of Oro Valley annexed the above referenced area as part of a larger annexation of
land called "Area B" (Ordinance No. (0) 03-09). The attached map identifies the location of the area and the
current and proposed zoning designations.
In accordance with State Statutes, the Town is required to change or "translate" the zoning on the annexed
properties from its original zoning designation to the closest comparable Oro Valley zoning designation.
Section 9-471(L) of the Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and
uses no greater than those permitted by the county immediately before annexation. Subsequent
changes in zoning of the annexed territory shall be made according to existing procedures
established by the city or town for the rezoning of land."
SUMMARY:
The Pima County zoning designation for the area is Local Business Zone (CB-1) and the most similar Oro
Valley zoning district is C-2 (Commercial District). The property is developed with various commercial
buildings, including a McDonalds, tire store and bar.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 2 of 3
OVERVIEW OF PROPOSED TRANSLATIONAL ZONES:
Pima County CB-1 (Local Business Zone)
The Pima County CB-1 zone allows residential, institutional, lodging, retail, automobile service, food service,
personal services, medical services, office, research and development, business services and some trade uses.
Shopping centers are allowed in the CB-1 zone.
Oro Valley C-2 (Commercial District)
The Town's C-2 zone allows retail, food service, bars with live entertainment, medical and personal services,
lodging, movie theaters, theater and dinner entertainment, office and business services. Shopping centers are
permitted. Residential uses are not permitted.
GENERAL PLAN CONFORMANCE:
The area lies within an area designated on the current General Plan as Neighborhood Commercial land use
which would permit retail uses, such as grocery stores and drug stores that tend to serve the surrounding
sighborhoods. The translated zoning does not conform to the General Plan; however, state law requires the
own to translate the zoning to the closest use category.
NOTIFICATION:
All property owners within the annexed area have been notified of the proposed translational zoning and the
properties were posted in accordance with Town and State statutes. To date, staff has not received any
comments.
PLANNING AND ZONING COMMISSION ACTION:
The Planning and Zoning Commission on September 2, 2003 voted 5-0 to recommend approval of the
translational zoning from Pima County CB-1 to the Town's C-2.
RECOMMENDATION:
The Planning and Zoning Commission and staff recommend that Town Council approve the translational zoning
from Pima County CB-1 to the Town's C-2.
SUGGESTED MOTION:
The Town Council may wish to consider the following suggested motion:
I move to adopt Ordinance (0) 03-32, translating the zoning from Pima County to the Town of Oro Valley
zoning districts for Area"B" as annexed by Ordinance (0) 03-09 adopted April 7, 2003.
F:\OV\OV 9\2003\9-03-18\REZ.TC.RPT.doc
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION Page 3 of 3
Attachments:
1. Location Map
2. Zoning Map
F:\OV\OV9\2003\9-03-18\REZ.TC.RPT.doc
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0V9 - 03 - 18 Translational Zoning 10
EXHIBIT K-1 TO ORDINANCE NO. (0) 03-32
OV9-03-18
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL BUSINESS ZONE)TO
THE TOWN'S C-2 (COMMERCIAL DISTRICT)DESIGNATION FOR THE FOLLOWING
PARCEL NUMBERS; 225-141-93D, 225-142-400,225-141-93B,225-142-510, 225-142-41A, 225-
142-520, 225-142-48A, 225-141-94A, 225-142-460,225-142-43A,225-161-630, 225-170-17B.
0
TOWN OF ORO VALLEY 5
COUNCIL COMMUNICATION MEETING DATE: October 1,2003
TO: HONORABLE MAYOR AND COUNCIL
FROM: Bayer Vella, AICP, Senior Planner
SUBJECT: PUBLIC HEARING— ORDINANCE NO. (0)03-32 AN ORDINANCE TRANSLATING
THE ZONING FOR THE NEWLY ANNEXED AREA COMMONLY KNOWN AS AREA
"B"FROM PIMA COUNTY ZONING DESIGNATIONS TO TOWN OF ORO VALLEY
DESIGNATIONS AND AMENDING THE TOWN OF ORO VALLEY ZONING MAP:
AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
PROCESS:
Approval of the attached ordinance would replace all Pima County zoning in the subject area with Town zones
in one action. Within the ordinance, one will find a map and table that references the specific OV case numbers,
associated parcel numbers, and corresponding conditions. For more specific information regarding each parcel
or groups of parcels,please see each of the attached case reports.
BACKGROUND:
On April 7, 2003, the Town of Oro Valley annexed 654.7 acres in the vicinity of the Oracle/Magee Roads
ntersection. This area has been commonly referred to as the "Area B" annexation, which was formalized with
the adoption of Ordinance No. (0)03-09. Now that the annexation has been completed—the next principle step
is to assign Town zoning. This is the focus of this agenda item.
In accordance with State Statutes, the Town is required to change, or "translate" the zoning on the annexed
properties from its original zoning designation to the closest comparable Oro Valley zoning designation.
Section 9-471(L) of the Arizona Revised Statutes (ARS) states:
"A city or town annexing an area shall adopt zoning classifications which permit densities and uses no
greater than those permitted by the county immediately before annexation. Subsequent changes in zoning
of the annexed territory shall be made according to existing procedures established by the city or town
for the rezoning of land."
SUMMARY:
Ordinance No. (0)03-32
In all cases, staff utilized the most analogous categories. Whenever properties are translated and the two
jurisdictions involved have distinct zoning codes, standards such as building heights do not always match. As a
result, staff included conditions associated with particular properties to insure that rights are maintained. There
are numerous examples, such as Suffolk Hills. This subdivision had been developed utilizing a 34 foot building
height in the County and the Oro Valley standard is 18 feet. A condition to allow 34 feet was included in the
ordinance. This will insure that redevelopment occurs in a consistent and equitable manner.
Conformance with Town Resolution No. (R)03-68
Resolution (R) 02-68 was adopted by the Town Council on August 1, 2002. It provides that newly annexed
areas will maintain livestock rights specified in the Pima County Zoning Code. A condition has been included
for applicable parcels within the ordinance to insure such rights are preserved.
TOWN OF ORO VALLEY
.OUNCIL COMMUNICATION Page 2 of 2
Zoning History
In the past,many of the subject parcels were rezoned in Pima County to allow more intensive development. The
ordinance provides that all conditions of Pima County rezoning will be maintained with the translation.
NOTIFICATION:
All owners of property subject to this translational zoning have been notified of this proposed translational
zoning and the property was posted in accordance with Town and State statutes.
GENERAL PLAN CONFORMANCE:
The majority of translation rezonings are in compliance with the General Plan (existing and/or proposed). For
the cases not in compliance, the Town must still translate the zoning to the closest comparable district per
Arizona Revised Statutes.
PLANNING AND ZONING COMMISSION ACTION:
On September 2, 2003, the Planning and Zoning Commission unanimously (5 to 0) recommended approval all
of the proposed translational zoning. Please see attached case reports for specifics.
STAFF RECOMMENDATION:
Staff recommends approval of the attached ordinance.
SUGGESTED MOTION:
I move to adopt Ordinance No. (0)03- , translating the zoning from Pima County to the Town of Oro Valley
zoning districts for"Area B" as annexed by Ordinance(0) 03-09 adopted April 7, 2003.
ATTACHMENTS: /
1. Location and Zoning Map
2. Ordinance(0) 03-32 Air
3. OV Case Reports Plannin 'Zoning dministrator
4/11A---
Community Development Director
Town Manager
F:\OV\OV9\2003\Revised Area B Ord\TC Report Overall.doc
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03 - 32 Translational Zoning Exhibit Map
ORDINANCE (0)03-32
AN ORDINANCE TRANSLATING THE ZONING FOR THE NEWLY ANNEXED AREA
COMMONLY KNOWN AS AREA `B" FROM PIMA COUNTY ZONING DESIGNATIONS TO
TOWN OF ORO VALLEY ZONING DESIGNATIONS AND AMENDING THE TOWN OF
ORO VALLEY ZONING MAP: AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH;
WHEREAS, On May 7, 2003,by Ordinance(0) 03-09,the Town of Oro Valley annexed the
approximately 654.7 acres commonly known as Area"B"bounded on the west by Northern Avenue,on
the north by Camino Cortaro and Rancho Catalina(north), on the east by the Coronado National Forest
and Cobo Catalina Hills, on the south by Catalina Village and Westwood Look Resort and further
described by the attached annexation map; and
WHEREAS,the properties affected by this zoning translation encompasses a part of the annexed area
comprising approximately 614.7 acres currently zoned Pima County CR-4 (Mixed Dwelling Type
Zone), CB-1 (Local Business Zone), TR(Transition Zone) CB-2 (General Business Zone) SR (Suburban
Ranch)and CR-1 ( Single Family Residence Zone); and
WHEREAS,in accordance with State Statute ARS 9-471(L), the Town initiated a request to translate
the zoning on the annexed area from its original Pima County zoning designation to comparable Oro
Valley zoning designations; and
WHEREAS,on September 2, 2003 at a duly noticed public hearing,the Town of Oro Valley Planning
and Zoning Commission, in accordance with ARS 9-471(L), considered the translational zoning requests
for the affected part of Area B as shown on the attached zoning map and recommended approval with
conditions; and
WHEREAS,the Oro Valley Town Council has considered the requested translational zoning and
amendment to the Town zoning map at a duly noticed public hearing and finds it is consistent with the
Town's General Plan and Ordinances.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE
TOWN OF ORO VALLEY:
SECTION 1: That the Town of Oro Valley Zoning Map be amended and the zoning designations be
translated as indicated on the attached map, said districts being R-4 (Townhouse Residential District),
RS (Residential Service), C-2 (Commercial District), R1-144 (Single-Family Residential District) and
R1-36 (Single-Family Residential District)with conditions. The following table indicates and indexes
the zoning translation with Exhibits indicating Parcel Numbers and Conditions of Zoning which are
attached to and made a part of this Ordinance:
Ordinance (0) 03-32
Page 2
Case No. Pima County Oro Valley Parcel No. Conditions
Zoning Zoning Exhibit Exhibit
OV9-03-21 CR-4 R-4 A-1 A-2
it OV9-03-08 TR R-S _ B-1 B-2
5 OV9-03-14 CB-1 C-2 C-1 C-2
4,2 OV9-03-22 SR R1-144 D-1 D-2
-i OV9-03-23 CB-2 C-2 E-1 Not
Applicable
6 OV9-03-12 TR R-S F-1 F-2
9 OV9-03-13 SR R1-144 G-1 Not
Applicable
A) OV9-03-16 TR R-S H-1 H-2
i j OV9-03-09 SR R 1-144 _ I-1 I-2
l OV9-03-17 CR-1 R1-36 J-1 J-2
OV9-03-18 CB-1 C-2 K-1 Not
IA Applicable
Pt OV9-03-07 CB-1 C-2 L-1 Not
Applicable
i i OV9-03-10 CR-i R1-36 M-1 M-2
�w OV9-03-19 SR R1-144 N-1 N-2
ii OV9-03-06 TR R-S 0-1 0-2
iy OV9-03-15 SR R1-144 _P-1 P-2
f1 OV9-03-20 TR R-S Q-1 Q-2
SECTION 2: That all ordinances and parts of ordinances in conflict herewith, and the same are hereby
repealed to the extent of such conflict.
SECTION 3: That this ordinance and the various parts thereof are hereby declared to be severable. If
any section, sub-section, sentence, clause,work or phrase of this ordinance is for any reason,held to be
unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,Arizona, this
1 st day of October, 2003.
ATTEST:
Katheryn E. Cuvelier, Town Clerk Paul H. Loomis, Mayor
APPROVED AS TO FORM:
Mark Langlitz, Town Attorney
OrralliZEJAMMEMX
ttwt portion d fsetlerne 28,20. a10 30.Towrne 12 sa+t4 I1erga THENCE centime Mtsebrly.done the Ewl-M�t One•-Owner(Ew 1/4) THEME Easterly,�y Nary Aght of-aay Ina d CA MIO
13 t po iOloon and Sect**
Other2f28.3►.Pines Carly, it 12 I Oa 1.!Inn w Sectlert Ina of said Section 3S to the Northeast canner d Lot 0. CORTARO and along the gents LM d sold Ordionde 93,b de
tdloss CATAl1A VILLAGEMAMMON NO.2. recorded In dsd Book 9 Maps Northeast comer d the parcelahnawed to theTOtM1 OF ORO VM1EY by
and Plots at Page 79.Pion Canty Recorder's OfRce,Pion County, Raedutlan No.(R)90-15Ot
BEOINfO et the Noflhsast Darner of VERDE CATAAJNA TOONHOUSE'S. Arizona
w reorded In Beak 23 of Maps and Nab at Pope 34.P1rno Canty
p the West Une d�Rwyg5 5oTHENCE Southerly,doe the Easterly he of said Lot t to tM South of feetto the South LLhadide Resolution(R) 0tR*wadsrs Ofioe Arno County.Added Line of add Lai Fit
1)1DICE$W0V30r'0. the Cast lbw of sold WIDE CATALIIA THENCE westerly. e South Line d Lot 0.a distance d 217.00 1j L THENCE Eaete along the South right-of-way li*of CAM1f0
TOMNHOUSES and;keg thees par
TOWN OF
South Li of the wool whet owns a Mee.f4 te Southwest corner d sine Lot Ot and armd to the CORTARO,a done studd South Lth. Resohnbn(R)90-SO to the
Earl line d sold Ordnance ONorth
RO VALLEY by Ordbhernce No.00-0.a dlttanoe of 300.01 feet to the THENCE S 013'ST rL t10 feet.more or MeS to the Northwest warner
d Lai 7 d said CATALNA VILLA I SUBOIVt901f NO.$ THENCE.entree& arty. said South o1-
rrrtgtt ol-way Irw of CATALIIA SHADOWS OIOILEVAIID 000ardite to
soy line of CASINO
RMK]f0 t.ATALNA oe recorded n Boot 23 d Mope end Rots at Pope CORTARO and the Easterly prolsotrah of add South right-of-way erne
30,Pkne Canty Raoordar's Ofllow Plow County.Ardent 12,75 THENCE Mtastany to the test Lined said Lot 9,odd paid being (said the alto bong the South Lined the pawl ann.=to the TOWN
212.7a feet South of the Mordant comer of said Lot 9; CF ORO VALLEY by Ordnance Na 64),to the Easterly right-of-eoy the
T►E7ICE along sold North right-of-way erne of GTALNA SHADOWS of the Tt1CSON FLORE'IICE tlglleAr.
BOULEVARD and along tee South Lies d said pord a akwnand by THENCE way Insinue Mnwitarfy]0 teal.man ar in to the Westerly
O,dYwna►No,90-9 the Meowing owned
right-of-way 1M of NCRtlEitll MIME 000arbt►q to I VA ES�ANA,w TAKE NcrtnaelartX along said Eastany right-of-way Nha,doe the
recorded n Bock 20 d traps and Pete at Pope 90.Pk=Canty Fasteny�rw d odd Onvrhawe Na 94,to the North Lee of hEROE
long a 940.00 foot rags cove for en arc distance of y,Artterhat Alj1YA TOWNHOUSES as noortled n Boot 23 d Maps and Plate of
EASTERLY ma der's Moo,Ping Count CAT
134,09 het to a pole of tornpenc)t Pops 34.Pima County Records?*Moe.PYno Canty;Antoine.said
THENCE Northerly.along sold westerly right-al-way Ira d NORTHERN point on the South tined to party o a m=to thee 101W4 OF
TWICE S 7O'13'30'E 150.57 het to a pant al MEN E to centaltne d CHAPALA DRIVE,sold point beep a CRO VALLEY by Ordnance 90-9;
projsctioo on the Nolarty rbe ht-ol-eay the of NORTHERN AVENUE
THENCE Eae4rlr along a 403 00 foot ladies elope r ooeard g to 1ARELSM4 ESTATES.w receded Si Book 10 d Hoke and TWICE Easterly. .. . sold North Urea of tEI1OE CAT/�IA
d 340.00 het too point d memo curvature
Plats al pogo 20.Pima County ReoaMsre Of}loe Peres County,Artsohq TCMew10USE$and South line of cold Ordlnencce 90-9 to the
POINTCF :a• h
THENCE Ewtwty aloe o SMOG foot radius Dore for an die A Northerly,along r right-of-way 4►e d NORTHERN
d 333.47 Fart to o point of NAfE190f1 s r111
HARELSON ESTATES oaso 9 to said
THENCE S a9"00.01'E 300.00 feet to a point of arwhrae
THEME MwtanX aloe sold cent*rtbhs,15.00 feet to a projection d A
.„. .
the 1Y.etart�right-of-way the d add NORTHERN AVENUE to � .,:.,�.THENCE Easterly along a 1.215.00 foot rod=anus for an ant detohce BONITA ACJtES are recorded h Book 24 d elope
of 401.00 feet to a point of compound combat% Maps and Plat of goer 2t1, �,3,fie j s ' w�rN-
Pena County Reoodd.Moe.Pin.County.AAtond IIL
.'.i..j,,:.,Ii 4'`'t' } `,: }',;,..
THENCE Easterly and Northeasterly doe a 25.00 loot roam ter w
arc=data.d 36.71 feet to a TfEN� r r pro).otkq ts ! ;; ; `` `�
point d rewind wkrrat+r.on the
y,Ong odd wset«t Agnl-of-wa One ",�, ^; J••'6.,{r-;r;•
the Northeast comer of said BO CA ACRES; J �+r'wwtrtr�-of-wvy line
d RANQq CATALINA AM"
to / M �' €.,`, r>',;,
r� CA leafs and Rate at Page '+'•. / °.«P a:i'-rf:f
RANQ10 CATALPA w nine cl4 Si Saot 23 d r.
stare too Easterly proj.ctlan of the North Lewd .1 sir..
OM PYno County Recorder's Moe.Pow County.Moong THOILE EoMaAX ;�y!f y
cad BONfTA AQtt'S,10.00 teat to the westerly right-of-way line of sold �rk•t C `l��'� •. •`�'.
t r�.
Northerly o 402.00 toot rotes new. Bold NORTHERN AVEtN�add ore bete 30.00 leaf west d and panriel with 1 }r:;:.
THENCE slate Q o
r4�hl-of-say One d RA140W GTALIIA A1EME and odd y East Low of too Mrthedn One-Quarter(NE 1/4)of said Section 14 9 " L. °L/,-:
Southerly Moe of said parcel awwossd to TOON OF ORO VALLEY by 1� t A "
Ordinance No.90-0.o diatom*d 211.01 het to the Southeast aeon THENCE µrt,s,tX sod t-of-hw lens.to tine Easterly
d •
of Lot 132 of sod RANCHO GTALI4/c sap Apr r r a',
projection d the South Law d CAS/tS LIRAS ADDITION(LOCI( as t..t..,,,"4 3.,v AA ;'
THENCE S 0724'011"E.clone said South Uns of Docket t1773 at Pogo recorded h Hoak 3o d Maps and Plats at Pogo 00.Peres County '�•.;t?. •'_�• y•'v�
R
1017,a aetawe of 00.99 feet to the Southwest comer of Lot 200 of awodr's Moe, County.Artraho; 1'� :.r•,cT„e F_„
said RANCHO CATAtiNA; THENCE wsMaAX clang said Easterly projectio.15.00 feet to the '
THENCE dare add South Line of the pander ennersd to TOM OF ORO Southeast corner of add CASAS Ll1DAS ADDITION BLACK 1,add pant
VALLEY by No,90-9,and along the South LM of saidbeing on the Westerly right-of-way Ins of add NORTHERN A1E?ArE;
RANCHO CATALIA the following coursed THENCE Northerly,slang said Westerty right-of-eoy line of NORTHERN
THENCE S 0011'O9'E 135.29 feet to an angle pant: AVENUE to a lion.1 teat South of and parallel Obi the North tires
of add Northeast Ore-Quarter(►E 1/4)of Section 3x
THENCE S 11I24'30'E 170.31 fest to an ands point; T14F74LE Fastens sung era parallel Itne,a diatoms of 10.00 feet,to 0
THENCE S 775419°E 143,10 het to on angle point: One 30.00 feet wed of and passel with the East Lino of sad Northeast
Ora-ouarter(NE 1/4);
•
'THENCE N 9000'00'E 140.00 fast to en angle point
THENCE S e0�2'10'w,70 99 feet to art 'MINX Northerly.along sold parallel wee.a distant.of 27.50 feet to MAP OF TERRITORY TO BE ANNEXED
mow•path:: allorth000t One50-Qua-ter(NE 1arid°°r°'l with the Nord L`"of ia10 TO THE TOWN OF ORO VALLEY
THENCE N 0400'41'E 117.40 feet to an angle point
'THENCE +X sold rh.,a&trEN 0ERN Atce of 1600 feet,to ANNEXATION 2002 - PARCEL B
THENCE S 0'Ot't22'w 87.41 feet to en sonde point; of l; the weeteny right-or-eery Oneseer NORTHERN AVEMlE;
THENCE S 5320'00"E 150.553 feet to en and*point THENCE Northerly,along sold westerly right-of-way the of NORTHERN
AVENUE to the South rip t-d-woy One of MAGEE ROAD,said Ile Ong
'THENCE N 9000'00'E 110.44 feet to tlw Southeast carer of Bald 7500 feet South of and paned dlth the Nash Lino of said Northeast
RANCHO CATALPA,said pout also being titer Southeast carter of sold Cris-Warta(NE 1/4)of Section 33t LYING WITHIN A PORTION OF
pond/amend to TOWN OF ORO VALLEY by Ordnonae No.90-9,sold
t tieing onthe East the of said Section 2� THEtNCENew to a Ide 7
wawt*1 along.ace South right-of-waypoet 30 feet more a SECTIONS 25, 26, 35, & 36 OF
5,00 feet went of and wordier with the East Lne of the T-12-S, R-13-E, G.& S.R M.,
THENCE Souterty,along nun Dad tin.of Section 25,to to. Southeast one-water(SE 1/4)of arty Section 2M ,4r:,br PIMA COUNTY, ARIZONA
Souteast corn d sold Section 23t
THENCE Southeast doe Si.East Line of said Section 38,b.Mg the _d,,.THENCE�RhoNortherly. nOhgg..E0d 1 parade pus,sold Ile bang the VENUE.to the Weeterty projection
;'' � •.
Easterly right-of-ray the of FIRST AbEIUE e000rofiq to SiIFFTxiC IE.LS the Northely right-of-my she CASINO CORTAR ottig to aL i-•
as recorded Si Book 14 of Mope and Plots at Pap.{7,PYno County FAa04ArEJ4 1it.LJhGE,w recorded h Boot 14 of Mope and Plats at IL
Recorder's Oleos,Pow County,Artton0.a distance of 2.823.39 het. '56,Pima Canty Recorder'.Ornoe,Plena Canty,Memo,said Ibis oleo c:.
ar
3 or Mee, to the East Ore-Quarter(E 1/4)corer of sold Section bete tee ant y projection of the South Lies of the paod amerced to '��li.1,t''
the TOWN ORO VALLEY by Ordnance No 93;
THENCE MMtrlly,along the East-West Ore-0uartr(Lou 1/4)Section THENCE Easteny.lone sold we'brly projection.to the Epsdany Engineering and Environmental Consultants,Inc.
One of said Section 30 to the center of sold Section 30; 408
right-d saidb NOR ANNUE,sold point bete the Southwest 0=
EEC 202016 70t 1.AB U 85713 OAO-Ss1-40911 2 or 2
BOOK_ PAGE
•
.,......,.....i...4...,i,...--1 ti-•-
'\• j r.. "~' r,� r r• t ' 11 ................. •'lT(!!r• ,:,i, Yt{.......,._ .s..._...._!......L..._« '`'
(111)
/ - �3 'ir':'* • ti-'''''I 1' <': ts•(}'}a�..I :i'•;;�««.«"-'...R "."7'7'•-i_.... i SCALE: 1.��,
S f •
t \ f ISM •;�?. •w f z... �1.__ .' • • :
,•,.„,•;!�!� y;� �,' I• J Tel AE1 Cf7iaTfEA>f 1A112S OF T►E T{>rM or coo VALLEY
.0 ' 1 }i'•..'+.5,.,(S•• i I 1 l 11110N ��D•;1' i V.
\ \U > mynas Lavrxru E OATS or 1l E. _ OF ORO YM1El
IT ; .11.4 r < s
.f.
• •.r'•f' )s_-a.....i......'1',`±,.r...,...., I r� $_. �I: :r ). (�- , ..•,.«'_�
..... ...._j._ k , .) ,i,p ..y,,-, -, »�_ _ L-....; ; } 't• OF YID' •
-.t': ret..:cC'.: 1' • ) I.PAUI H.LOOMS.MAYOR OF 13E TOWN Gf ORO V
_«i i_. .........» f." r::•`•n7i! ',/ •:s .r�: ) .I •..r4^'" VALLEY.
HEREBY CERTIFY THAT THIS tS AN ACCURATE MAP OF
} L. '� ( �• ti :+ „__ `�.s •t,.. ' �,.�t.. .�, ::i.t S r .. THE TERRITORY AMOOED TO THE TOWN OF p20 VIiJ EY,
1 X l.L• "`_ ;. _:.. , ARIZONA.BY ORDNANCE NO OF THE ORDINANCES OF
n, �� •r . TOWNVALLEY.•
;% i r i -•�..::: f. j .f i i t _.1`iiii
l'i.!'.1\ '. , 11:•"-%-,7,:f•:',.•.,t,..--•.',4'f'•'-'•. ' ., i• `1 li •i N. ,.--,....---, .. r'N. `, •. ;ily',-•
f: F ; • ; ; ;V ; ., ,
P•., •. ! ..t-• p!,•'.:62,4i.:'.'
r: _.._._....,..._.... rf IIAI'OR PAUL H.LOON*
•
•
}4" `ft ( n•„yi s7s y�-• ` ! 8e '�lY/ i t ATTEST: TdMI CLERK: KATNRtiTI E.CUVELER
fr f It •
1 J•r
' :.... ,:....>.!. .»N ...-,_.,....»r»...w. _..... RECORDING DATA
i
W.
« aa�� ' e ... »• ) e,�q ,� STATE OF ARIZONA) SELL N0.
•
•
•
i f...- _... 0. �. .,. ;_ ; _.. ,' Oi.." ...._ ..'.. 4:.•'...•
COUNTY OF PM/A ) fEZ. ,
• "•c: • FLED FOR RECORD AT THE TECIUEST OF THE TOWN OF ORO
.....t !: r t .- < _ •s% --1 ; ON THIS Y OF 2002 AT
•
} � .. • � ...._..•.'.. � N 8001( OF YAPS AND FIATS AT PACE
i `... -f ••" "y` �•r' .. THEREOF.
• ; .••• `t^ r• iy ,,,.. j_ --,••,1 1 • ! .•._:+L..-...i: t t4, t 7' WITNESS YY HAND AO SEAL.THE DAY NC YEAR MIME
WETTER. .
•
•
—t.••••. ^±--..• ', +, r...._ .. 1; : .:..be•, •1. 7:.. , ;• _.�I •,
t= f h..•.Y., `" 'i :, '�:.:`; • r•"'' /!.''i^ t) .. _ F.NMI ROOIOOUEZ,PIMA COUNTY RECORDER
`+...sue, rr •i 'I=.-..r ,._•Y• . , ' '' -... ...... '.», ,:�,'''I, •r. N
—. x • 1 y• � !..... ..' _t 4Y. DEPUTY
_ ,r,, `. • • MAP OF TERRITORY TO BE ANNEXED
r• ' �; w:; '`.. • '" TO THE TOWN OF ORO VALLEY
,µ ., }'"�•.• i '�yam, 1.,.........•...::.•✓- } y y wye�:l�r:. .., t, ••.` .. •.
(��_i" . i ,, [" JMd11 t _•.; T....i�r,�_..•. , OAP-•0 'VALLEY- ...4 7:ri
:qsaw.fera...•.:.::.F`•.._... • ' " .> _. �.,., .. ANNEXATION 2002 - PARCEL B
1 - } ' .-. i •?.' '` +• 'i /
LYING WITHIN A PORTION OF
SECTIONS 25, 28, 35, & 38 OF
. pAncar. B ,1�_.'l� T-12—S, R-13—E, G.& S.R M.,
• PIMA COUNTY, ARIZONA
TOTAL AREA OF WI)
ANNEXATION MIDI L
864.7E ACR&4 11,
, DOR 4.)
. OW
•
• Engineering and Environmental Consultants,Inc.
• ♦Rab L. PT. LORIIL RD.
•
EEC 202018 MOOR,IgnORA, 111Y/1t; NOD-MI-401d 1 •' 2
BOOK PAGE
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In accordance with ARS 9-462 and Section 3-111 of the Oro Valley Zoning Code Revised, NOTICE OF
PUBLIC HEARING FOR TRANSLATIONAL ZONING FOR RECENTLY ANNEXED PROPERTY
BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN:
TIME: at or after 7:00 p.m. on WEDNESDAY, OCTOBER 1, 2003
PLACE: Oro Valley Town Hall, Council Chambers
11000 North La Canada Drive
Oro Valley, Arizona
SUBJECT: PUBLIC HEARING-ORDINANCE (0) 03- , OV9-03-18,
TRANSLATIONAL ZONING FROM PIMA COUNTY TO THE TOWN OF
ORO VALLEY EQUIVALENT FOR THE ANNEXED AREA, BOUNDED
ON THE WEST BY ORACLE ROAD, ON THE NORTH BY VERDE
CATALINA TOWNHOUSES, ON THE EAST BY THE SISTERS OF THE
IMMACULATATE HEART AND ON THE SOUTH BY MAGEE ROAD,
THE AREA IS ALSO KNOWN AS RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL
BUSINESS ZONE) TO THE TOWN'S C-2 (COMMERCIAL DISTRICT)
DESIGNATION FOR THE FOLLOWING PARCEL NUMBERS; 225-141-
93D, 225-142-400, 225-141-93B, 225-142-510, 225-142-41A, 225-142-520, 225-
142-48A, 225-141-94A, 225-142-460, 225-142-43A, 225-161-630, 225-170-17B.
The property was annexed to the Town on May 7, 2003 and, in accordance with State Statutes, the Town
is required to change or"translate"the zoning on annexed properties to the closest comparable zoning
district within the new jurisdiction.
Members of the public are invited to attend this meeting and will be given an opportunity to speak. An
agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any
questions regarding this matter, please contact Robert Conant, Planner II, at (520) 229-4800 or
bconant@orovalley.net.
POSTED: 9-11-03
Bayer Vella,MCP time: 10 : 30 a.m.
Senior Planner- by: drm
F:\OV\OV9\2003\9-03-18\REZ.TC.NOTICE.doc
AFFIDAVIT - PUBLICATION
STATE OF ARIZONA)
0 :ss.
COUNTY OF PIMA )
K AREN BR I GHAM being first
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
O 9-03--1 e
PUBLIC NOTICE
•
was printed and published correctly in the regular and entire issue of said THE
1
DAILY TERRITORIAL for issues; that was first made
10th SEPTEMBER 03
on the day of i oti- 20
and the last publication thereof was made on the day of
SEPTEMB R' . 03
20 ; that said publication
U"y'lr l tjd1d each of the following dates, to-wit:
Request of
, TOWN r r ()R() VALLEY' , .
Daily Territorial
y
1,(,2-,._, ,
Subsc ibed�and s or t o�b o e m � � � day of
.!
1 -.. _, . SEF,1Er'[ Eh
03 . , ', -, :___:...3>./.--) ,, „ . 7 . .
'tat' u' i ;� o my ,, Mate 1 Arizona
un
My Commission Expir s: X,McC m
xpir Jun�j 5 �bs (
NOTICE OF PUBLIC HEARING
BEFORE THE ORO VALLEY TOWN COUNCIL
In Sccordance with ARS 9-462 and Section 3-111 of the Oro Valley Zoning Code Re-
vised, NOTICE OF PUBLIC HEARING FOR TRANSLATIONAL ZONING FOR RE-
CENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY TOWN COUNCIL IS
HEREBY GIVEN:
TIME:at or after 7.00 p.m.on WEDNESDAY,OCTOBER 1,2003
PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro
Valley,Arizona
SUBJECT:PUBLIC HEARING—ORDINANCE(0)03- ,OV9-03-18,TRANSLA-
TIONAL ZONING FROM PIMA COUNTY TO THE TOWN OF ORO VALLEY EQUIV-
ALENT FOR THE ANNEXED AREA, BOUNDED ON THE WEST BY ORACLE
ROAD,ON THE NORTH BY VERDE CATALINA TOWNHOUSES,ON THE EAST BY
THE SISTERS OF THE IMMACULATATE HEART AND ON THE SOUTH BY MA-
GEE ROAD,THE AREA IS ALSO KNOWN AS RIDGEVIEW PLAZA:
TRANSLATIONAL ZONING FROM PIMA COUNTY CB-1 (LOCAL BUSINESS
ZONE)TO THE TOWN'S C-2(COMMERCIAL DISTRICT)DESIGNATION FOR THE
FOLLOWING PARCEL NUMBERS;225-141-93D,225-142-400,225-141-93B,225-
142-510,225-142-41A,225-142-520,225-142-48A,225-141-94A,225-142-460,225-
142-43A,225-161-630,225-170-17 B.
The property was annexed to the Town on May 7,2003 and,in accordance with State
Statutes,the Town is required to change or"translate"the zoning on annexed proper-
ties to the closest comparable zoning district within the new jurisdiction.
Members of the public are invited to attend this meeting and will be given an opportu-
nity to speak. An agenda for the meeting will be made available 24 hours prior to
meeting time. Should you have any questions regarding this matter,please contact
Robert Conant,Planner II,at(520)229-4800 or bconant@orovalley.net. /s/Bayer
Vella,AICP Senior Planner
Pub:The Daily Territorial
September 10,2003
Req:Town of Oro Valley
pnov9-03-18 kb
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
OCTOBER 01, 2003
ORO VALLEY COUNCIL CHAMBERS
11,000 N. LA CANADA DRIVE
REGULAR SESSION AT OR AFTER 7:00 PM
CALL TO ORDER 7:02 p.m.
ROLL CALL
PRESENT: Paul Loomis, Mayor
Paula Abbott, Council Member
Dick Johnson, Council Member
Bart Rochman, Council Member
EXCUSED: Werner Wolff, Vice Mayor
PLEDGE OF ALLEGIANCE
Mayor Loomis led the audience in the Pledge of Allegiance.
UPCOMING MEETING ANNOUNCEMENTS
Police Chief Danny Sharp reviewed the upcoming meetings and events.
CALL TO AUDIENCE
Helen Dankwerth, 11515 N. Flying Bird Drive, expressed concerns that references to Mixed
Use Neighborhood (MUN) designations may still remain in the General Plan update.
Bill Adler, 10720 N. Eagle Eye Place, expressed concerns regarding temporary signs that are
placed in the public right of way.
Richard Anemone, 13987 N. Honey Tree Place, questioned why the Oro Valley Police
Officers Association was denied the right to circulate petitions in order to place an initiative
on the ballot regarding a"Meet and Confer"measure. He asked that they be allowed to
gather petitions, forward the matter to the voters, and then if the voters approve the initiative,
the legalities can be addressed.
Sharon Brown, 960 W. Silver Spring Place, asked for clarification on the completion of the
Town's road projects. She also presented the Council with pictures depicting the status of
Moore Road at Copper Spring Trail and illegal construction traffic along Copper Spring Trail.
Dan Krueger, 11,000 N. La Canada Drive, President of the Oro Valley Police Officers
Association, thanked those Council members who agreed to meet with the Association to
discuss the "Meet and Confer"issue. He asked that the Council place the item on a future
10/01/03 Minutes,Town Council Regular Session 2
Agenda for consideration or that the Town Attorney"step out of the way" and let the voters •
decide. He also asked that the Mayor agree to meet with the officers to discuss the issue. •
Carmen Trevizo, 11,000 N. La Canada Drive,Treasurer of the Oro Valley Police Officers
Association, stated that their goal is to get a long term contract set up with the Association
and the Town. She explained that there are morale problems within the Police Department
due to the perception that all officers are not being treated equally and issues seem to be
treated at random or arbitrarily. She asked that the Council revisit the"Meet and Confer"
issue.
Council Member Johnson directed staff to look into the comments received by Ms.
Dankwerth regarding MUNs and by Mr. Adler regarding temporary signage.
Council Member Abbott directed staff to look into case law supporting the decision to not
allow the "Meet and Confer"issue to be placed on the ballot.
1. CONSENT AGENDA
MOTION: Council Member Johnson MOVED to APPROVE the Consent Agenda with
the exception of Item G. Council Member Rochman SECONDED the motion. Motion
carried, 4—O.
A. Minutes—9/8/03; 9/15/03; 9/17/03
B. Library Monthly Activity Report—August 2003
C. Reappointment of Bob Horn to the Municipal Property Board of
Directors with term set to expire September 30, 2006
D. Appointment of Richard Tracy to the Public Safety Public Retirement System
Local Board
E. Report on emergency repairs to water Well F-1
F. Resolution No. (R)03-83 Declaring for purposes of Section 1.150-
2 of the Federal Treasury Regulations, Official Intent to be
reimbursed in connection with certain Capital Expenditures; and
declaring an emergency
G. Resolution No. (R)03-84 Project No. OV 30 03/04 04 Acceptance of bid and
award of contract to Southern Arizona Paving & Construction Company in the
amount of$54,964.80 for the Moonridge Pavement Rehabilitation and Copper
Spring Trail Striping &Median Installation (PULLED FOR DISCUSSION)
H. Resolution No. (R)03-85 Authorizing and approving a Contract with
Westland Resources, Inc. in the amount of$119,100 for Professional
Engineering Design for the South Oracle 16-inch "D"Zone Main
I. Resolution No. (R)03-86 Consideration and approval of a Financial
Participation Agreement with the Greater Tucson Economic Council
J. Resolution No. (R)03-87 Consideration and approval of a Financial
Participation Agreement with the Metropolitan Tucson Convention and
Visitor's Bureau
K. Resolution No. (R)03-88 Consideration and approval of and modification to
the Financial Participation Agreement with the Chamber Serving Northern
Pima County
10/01/03 Minutes,Town Council Regular Session 3
L. OV12-00-19B Approval of Rancho Vistoso Parcel G re-plat Final Plat for four
(4) single family lots located on the west side of Desert Fairways Drive within
Rancho Vistoso,Neighborhood 10,Parcel 21922001 G
M. OV12-02-21 Extension of the Preliminary Plat for"Aguila at Vistoso"
subdivision(Rancho Vistoso Neighborhood 5, Parcel N) located on the east
side of Rancho Vistoso Boulevard,North of E. Arrowsmith Drive and South of
Moore Road,Parcel No. 219-53-004Y
G. Resolution No. (R)03-84 Project No. OV 30 03/04 04 Acceptance of bid and
award of contract to Southern Arizona Paving & Construction Company in the amount
of$54,964.80 for the Moonridge Pavement Rehabilitation and Copper Spring Trail
Striping & Median Installation
Town Engineer Bill Jansen reviewed the status of the Town's road projects:
• La Canada Drive Extension—IGA's with ADOT are completed. Consultant has
resumed design work and the design phase is 75% complete. Funding through the
PAG process has been secured with an initial proposal for bonding being submitted to
the Council for consideration. Construction should begin in March 2004,with
completion taking about 10-12 months.
• Moore Road Extension—Vistoso Partners will bid out the project in December with
completion taking about 6 months.
• Copper Spring Trail issues—
o Safety issues were forwarded to the Town Engineer and Council by citizens.
o Responsibility of Town Engineer- must respond to safety of the public on the
Town's roads.
o Initial steps—striping of road defines roadway, width of travel lane, shoulder
lane, etc. (Colors of striping, signage, etc. are mandated by Manual of
Uniform Traffic Devices.)
o Considerations can be made regarding reflective verses fluorescent colors.
o Staff can meet with neighbors regarding locations of medians/possible addition
of one more median. Modifications can be made if there are no impacts on the
other 4 medians being installed and no blockage of private driveways.
o Chief Sharp has agreed to place traffic trailer along Copper Spring Trail once
striping/median installation is completed to monitor traffic speeds.
o Medians in conjunction with striping should help restrict speed.
o Use factors have not changed with shoulder lane striping, can still park along
roadside.
Mayor Loomis opened the floor for public comment.
Don Bristow, 12190 N. Copper Spring Trail, stated that he feels that the Town created the
traffic problems by allowing cut-through construction traffic. He stated that Copper Spring
Trail was developed under rural standards and was not designed to be a collector or arterial
road.
Sharon Brown, 960 W. Silver Spring, reviewed results from a neighborhood survey that was
taken. She stated that 73%of the residents voted against center striping, and most favored
10/01/03 Minutes,Town Council Regular Session 4
—privatization--o-f-the road, with their second choice being center islands. She questioned why •
striping had already been done since the contract was being awarded at tonight's meeting.
She further stated that the striping has made some residents more comfortable when walking,
but people are still driving in the bike lane(shoulder lane) and pedestrians have to get out of
the way of the vehicles.
•
Steve Solomon, 919 W. Morning Thunder Court, thanked the Council and staff for taking
action on the safety issues along Copper Spring Trail. He stated that he has seen some
improvement since the striping was done. He stated that he feels safer when walking in the
shoulder lane now whereas before, it was"a free for all."
MOTION: Council Member Johnson MOVED to APPROVE Resolution(R)03-84. Council
Member Rothman SECONDED the motion.
DISCUSSION: In response to questions from Council Member Abbott, Mr. Jansen explained
that temporary striping was done until the full contract was awarded. He explained that there
were issues within the Moonridge subdivision and they have now been resolved. Therefore,
the Town is prepared to move forward with the full project. He explained that the interim
striping cost was approximately$2,000 and was done to address the safety issues raised.
MOTION CARRIED, 4 - 0.
2. PUBLIC HEARING—CONCERNING THE NOTICE OF INTENT TO
INCREASE THE ORO VALLEY TOWN-WIDE ROADWAY DEVELOPMENT
IMPACT FEE FROM $2,008 TO $2,920
Town Engineer Bill Jansen reported that the Council approved Resolution (R)03-62 on July
16, 2003 which established the Notice of Intent to increase the Town's Roadway
Development Impact Fee. He explained that the agenda item tonight is for a public hearing
only and any action by the Town Council will take place on October 15, 2003. Mr.Jansen
then introduced Mr. Curtis Lueck, consultant,on the project.
Curtis Lueck, CLA, 5780 W. El Camino del Cerro, reviewed a PowerPoint presentation.
Items reviewed were:
• Overview of current Ordinance
• Ordinance update process
o Re-evaluate fee structure
o Technical Analysis/Changes since 2000:
• Town boundaries expanded to west, south and north.
• Origins and destinations the same, but more travel now occurs on Town
roads.
• Added over 8 miles of arterial roads.
• "Growing Smarter" legislation was adopted.
• Cost of providing roadway capacity has decreased by approximately 2%.
o Typical mile of four lane arterial costs $6,195,992. 32,000 daily capacity at
15.7 average Oro Valley arterial vehicle miles traveled per EDU (Equivalent
10/01/03 Minutes,Town Council Regular Session 5
Demand Unit)per day. Calculation is :$6,195,992/32,000 x 15.7 - $120
(HURF credit)= $2919.91 (rounded to $2,920)
• Future Viability of Impact Fees:
o Town has annexed to its western and northern limits.
o Expansion areas to the south and east are mostly built-out.
o Potential for new growth is limited.
o Future impact fee revenue potential is limited—Need to consider alternate
sources of revenue.
RECOMMENDATIONS:
• Adopt and implement an increase of a net fee of$2920 per EDU.
• Recognize that impact fees will diminish as the Town"grows out."
• Continue to consider alternate revenue sources.
DISCUSSION:
In response to questions from the Council, Mr. Lueck explained that the cost of construction
has decreased slightly due to a favorable bidding climate. He also explained that travel
through the Town will continue to increase over the years as projects outside the Town's
jurisdiction build out. The travel demand will continue to increase on the Town's streets and
roads even though the Town's population might level out. He stated that the need for capital
projects will not diminish even though the Town stops growing.
Mayor Loomis opened the public hearing.
Steve Solomon, 919 W. Morning Thunder Court, stated that he is a member of Southern
Arizona Home Builders Association(SAHBA.) He explained that members of SAHBA have
met with Town staff to review calculations on how the figure of$2920 was arrived at. He
stated that they were satisfied with the information, computations, etc. that were provided by
Town staff and he would recommend to SAHBA that they not oppose the increase in impact
fees.
Mayor Loomis closed the public hearing.
Mayor Loomis recessed the meeting at 8:20. The meeting resumed at 8:32 p.m.
3. PUBLIC HEARING— ORDINANCE NO. (0)03-31 AMENDING THE ORO
VALLEY TOWN CODE TO MANDATE THE USE OF RECLAIMED WATER FOR
IRRIGATING TWO (2.0) OR MORE ACRES OF TURF,AND ADDING THE
AMENDMENTS BY REFERENCE (DECLARED A PUBLIC RECORD BY
RESOLUTION NO. (R)03-77)
Water Utility Director Alan Forrest reviewed the Council Communication. He explained that
as part of the Town's efforts to develop a Reclaimed Water System, several items must be in
place prior to issuance of bonds to finance its construction. The first step is to change the
Water Code requiring large turf facilities to utilize reclaimed water when it becomes
available. He explained that proposed Code amendments mandate that all existing properties
inside the Town's water service area that irrigate two (2) acres or more of turf utilize
10/01/03 Minutes,Town Council Regular Session 6
reclaimed water at the time that the Town has Reclaimed Water System within 200 feet of
their property. Mr. Forrest stated that new large turf areas would be required to extend the
reclaimed water distribution system to their property and use reclaimed water regardless of
the distance from the system. He reported that the Water Utility Commission previously
recommended approval of the Code changes to the Council.
In response to questions from the Council,Mr. Forrest explained that once Phase I and II are
completed, the system will cover a large portion of the Town's service area. Once the project
is complete, a new facility would be expected to install an extension of the system to their
facility (similar to what is required in the potable system.) He also explained that once the
new system is tested and ready to go, facilities would have 90 days to connect(with the
possibility of a 60 day extension approved administratively if necessary.) If there were
extenuating circumstances, the applicant could request more time from the Town Council.
Mr. Forrest explained that if the facility did not meet the requirements,their potable service
could be discontinued.
Mayor Loomis opened the public hearing. There being no speakers,the public hearing was
closed.
MOTION: Council Member Abbott MOVED to ADOPT Ordinance(0)03-31. Council
Member Johnson SECONDED the motion. Motion carried, 4—0.
4. PUBLIC HEARING — RESOLUTION NO. (R)03-89 TO ESTABLISH A
GROUNDWATER PRESERVATION FEE; ESTABLISH A RECLAIMED WATER
RATE,AND TO INCREASE EXISTING POTABLE WATER RATES FOR THE ORO
VALLEY WATER UTILITY
Water Utility Administrator Shirley Seng reviewed the Council Communication. She
explained that the Resolution approving the Notice of Intention to increase existing potable
water rates, establish Groundwater Preservation Fee and establish a Reclaimed Water Rate
was approved by the Council on August 20, 2003. She reviewed the public comments that
were received and the answers provided to those comments. Ms. Seng then explained that if a
Reclaimed System was not constructed, the Water Utility would have to: step up work on
bringing CAP to the Town, reapply for an assured water supply designation, revise the
Potable Water System Master Plan, increase proposed capital improvements to existing
system to address capacity issues, and replace reclaimed water resources.
Ms. Seng reported that Potable Water Rates fund the operating and maintenance costs of the
potable water system plus capital costs for existing system improvements. The recommended
Potable Water Rates for a 5/8 inch by3/4 inch meter would be:
• Monthly Base Rate= $12.30
o Tier 1 = $1.92/1000 gals. usage =0— 10,000 gallons
o Tier 2 = $2.55/1000 gals usage= 10,001 —25,000 gallons
o Tier 3 = $3.25/1000 gals. usage over 25,000 gallons
She explained that 90% of the Water Utility customers use the 5/8 inch by 3/4 inch meter with
the average usage at 10,000 gallons per month. This would equate to an average monthly
increase of 50 cents.
10/01/03 Minutes,Town Council Regular Session 7
Ms. Seng reviewed the Groundwater Preservation Fee proposal. She explained that:
• Aquifers are declining at a steady pace.
• Groundwater is a finite natural resource.
• We have a responsibility to conserve groundwater resources for future generations.
• Everyone who consumes groundwater has contributed to the depletion of the aquifer.
• Everyone should contribute to the cost to bring renewable water to the Town in an
effort to preserve groundwater.
• Preservation Fee will finance delivery systems that will provide renewable water
supplies.
• Recommended Rate: All customers (potable and reclaimed)will be assessed the fee of
21 cents per 1,000 gallons of water used. Cost for average resident=$2.10 per month.
Ms. Seng also reviewed the Reclaimed Water Rate proposal explaining that:
• This will fund the operating and maintenance expenses of the reclaimed system plus a
portion of reclaimed capital costs.
• Recommended Rate: Equal to Tier 1 of potable water rate.
• Only reclaimed water customers pay.
• After all existing golf courses are on the system, it is recommended that a 10%
discount be applied.
Ms. Seng explained that all fees will be reviewed on an annual basis. She also reviewed
charts depicting"Impacts to Customers", "Rate Comparisons with Other Cities and Towns"
and"Who is Paying for the Reclaimed System." She then explained that any rates adopted by
the Council would become effective on November 1st.
Dr. Leo Leonhart, 11435 N. Flying Bird Drive, Vice Chair of the Water Utility Commission
and Chairman of Renewable Water Resources Subcommittee, stated that the proposed action
would enable the Water Utility to offset a significant percentage of the Town's demand for
high quality,potable water that is now being pumped for the aquifer. He stated that the Water
Utility and the Commission have carefully debated the fairness and relevance of alternative
financing schemes for the project and that the proposal represents their best efforts to provide
a"fair and balanced approach." He stated that the consideration should be for who benefits
and not necessarily who pays. Dr. Leonhart urged the Council to adopt the reclaimed water
proposal stating that it was a positive measure.
In response to questions from the Council, Mr. Forrest and/or Ms. Seng explained:
• Assured water supply is typically renewed every ten years, unless other factors (i.e.
growth greater than projections) come into place.
• Golf courses will typically use more water when on the reclaimed water system in
order to leach additional salts out that are present in the reclaimed water. One local
golf course has stated that they use about 15%more water now that they are using
reclaimed water.
• Must have reclaimed water rates in place in order for bonding to move forward.
Customers will not be paying the rates for at least two years, so there is time to
research numbers to see if any adjustments need to be made.
10/01/03 Minutes,Town Council Regular Session 8
• Reclaimed Water is not typically set up with tiered rates. This acts as an incentive to
people who are not required to use reclaimed water to go ahead and access the system.
• If the property owner requested water service from the Town, and they have an
existing well on their property,they would be asked to abandon the well per State law
and Arizona Department of Environmental Quality requirements as they do not allow
interconnection of different systems.
• Extra monies from the Groundwater Preservation Fee could be used to purchase CAP
water, to build dams in the CDO wash to collect water to recharge the aquifer, etc.
• No credits or compensation were given to golf courses in lieu of paying for potable
water infrastructure.
Mayor Loomis opened the public hearing.
Bill Adler, 10720 N. Eagle Eye Place, disagreed with Dr. Leonhart's comment regarding the
fact that it was unimportant who pays. He stated that commercial users can pass the increase
onto their customers,but the homeowner can not absorb those costs in the same way. He
stated that it was a disproportionate rate to the homeowners to charge them 40 percent,when
it should be no more than 10— 15 percent. He stated that he felt that commercial
developments did not pay for themselves and that impact fees have always been calculated at
an artificially low level.
Gordon Byrnes, member of the Water Utility Commission and Golf Course Superintendent
for the El Conquistador Country Club, stated that the Country Club is currently paying$1.92
per 1,000 gallons of water used. He stated that the Groundwater Preservation Fee would add
21 cents to that and the Reclaimed Water Rate would increase their cost another 46 cents per
1,000 gallons. Then there would be additional costs incurred to treat algae in ponds,higher
PH in reclaimed water, etc. He stated that when all is considered,they are looking at an
approximate increase of 50%. He asked that the scenarios be revisited.
Doug McKee, 11836 Cassiopeia, thanked the Town staff for their help in understanding the
economics and factors involved in the proposals. He stated that the incentive for investing in
the Reclaimed Water System is primarily to meet the State's requirements. He stated that one
of those requirements is for new development to show that they are mostly using renewable
water resources. He also stated that everyone has to stabilize the groundwater levels and there
is the potential to pay huge fines if these requirements are not met. He also stated that new
development would come to a halt if reclaimed water or CAP was not put into place. Mr.
McKee asked that more equitable shares be assigned to future developers as new development
should pay for a greater portion of the costs rather than the existing customers.
Mayor Loomis closed the public hearing.
MOTION: Council Member Johnson MOVED to APPROVE Resolution (R)03-89
establishing a Groundwater Preservation Fee, establishing a Reclaimed Water Rate and
increasing existing Potable Water Rates for the Oro Valley Water Utility as identified in
Exhibit "A"of said Resolution. Council Member Rochman SECONDED the motion.
10/01/03 Minutes,Town Council Regular Session 9
DISCUSSION:
Council Member Abbott commented that everyone wants to see the golf courses off of
groundwater, but she was troubled with the rate structure. She stated that residents would not
really be able to connect to the reclaimed water system and since they are paying for the
system, don't they have a right to be connected to it? She also stated that she did not agree
with the Tier system as it seemed to be punitive to residents and generous to commercial users
since commercial users can pass fees on to their customers and residents can not. She also
questioned why the Town couldn't just ban use of the groundwater on golf courses.
In response to a question from Mayor Loomis regarding connection to the reclaimed water
system, Mr. Forrest explained that there was nothing that would restrict anyone from
connecting to the system. He stated that as long as one met the State's standards for using it
and applying it, then there would be no reason why anyone could not utilize the reclaimed
water if they chose to.
Council Member Johnson stated that the reclaimed water rates apply to all large turf areas(2
acres and above)which would include Town parks, school playgrounds, etc. He stated that
the Town and the school could only pass this on by assessing taxes etc. He said that golf
courses were easy targets;however,the golf courses provide a lot of sales tax revenue and a
quality of life for the Town's residents. He also noted that we do live in the desert and water
is relatively cheap compared to other areas of the country. He stated that the proposals have
been studied extensively by the Water Utility Commission and the proposal represents a
balance. He stated that the Town will continue to evaluate the water rates.
Council Member Rochman stated it is certain that we must bring in additional water into the
Town. He also stated that there are many benefits to the Town brought about from those
people that utilize the golf courses, etc.
Mayor Loomis thanked the Water Utility Commission, staff and the consultant for their
efforts on the project. He stated that the Council identified working towards a Reclaimed
Water System as a top priority. He stated that the Commission, staff and consultant have
worked hard to find a good cost for the system, a good cost to operate the system,how to
adjust those costs to the public and the users and how it will be paid for.
MOTION CARRIED, 3 — 1 with Council Member Abbott opposed.
Mayor Loomis recessed the meeting at 9:40 p.m. The meeting resumed at 9:50 p.m.
5. PUBLIC HEARING—ORDINANCE NO. (0)03-32 AN ORDINANCE
TRANSLATING THE ZONING FOR THE NEWLY ANNEXED AREA COMMONLY
KNOWN AS AREA "B" FROM PIMA COUNTY ZONING DESIGNATIONS TO
TOWN OF ORO VALLEY DESIGNATIONS AND AMENDING THE TOWN OF
ORO VALLEY ZONING MAP: AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH
Community Development Director Brent Sinclair reported that on April 7, 2003 the Town
annexed 654.7 acres commonly known as "Area B". He explained that in accordance with
State Statutes, the Town is now required to translate the zoning on the annexed properties
10/01/03 Minutes,Town Council Regular Session 10
from its original zoning designation to the closest comparable Oro Valley zoning designation.
He explained that approval of Ordinance (0)03-32 would translate the zoning of seventeen
(17) areas and the inclusion of specific conditions would insure that specific rights are
maintained on particular properties. Mr. Sinclair also explained that the previous adoption of
Resolution (R)03-68 by the Town Council in August, 2002 would ensure that livestock rights
would be maintained on properties in the newly annexed area.
In response to a question from Council Member Abbott,Mr. Sinclair explained that the
property owners that were directly affected were notified of the translational zoning as
required by State law. Property owners outside the area were not notified; however, if it were
a rezoning issue, then all property owners within 600 feet would have been notified.
Mayor Loomis opened the public hearing.
Don Laidlaw, Laidlaw Consultants, 2841 E 3td, stated that there was a technicality involving a
property south of the rear service area of the shopping center located on the southeast corner •
of Magee. He explained that two properties are separated by a 20-foot County alley right-of-
way. He stated that the RS zoning contains a provision that requires a 20-foot setback from
an alley, along the side yard. He explained that the subject property contains some areas of
floodplain, some areas of vegetation, and the developable area of the property is very narrow.
Mr. Laidlaw explained that a 20-foot setback would reduce the developable area for a
building down to a depth of 20-25 foot maximum. He stated that the County TR zoning only
required a 7-foot side yard setback and also allowed the Administrator to reduce that down to
zero. Mr. Laidlaw stated that he just wanted to make it a matter of record, and the remedy for
the property would be either to seek a variance from the Board of Adjustment or to apply for a
rezoning for the property sometime in the future. He then commended the staff for all that
they did to carry out the annexation process.
Mayor Loomis closed the public hearing.
MOTION: Council Member Rochman MOVED to ADOPT Ordinance (0)03-32,translating
the zoning from Pima County to the Town of Oro Valley zoning districts for"Area B" as
annexed by Ordinance (0)03-09 adopted April 7, 2003. Council Member Johnson
SECONDED the motion. Motion carried, 4—0.
COUNCIL REPORTS —No reports.
TOWN MANAGER'S REPORT—No report.
DEPARTMENT HEAD REPORTS —No reports.
CALL TO AUDIENCE-No speakers.
ADJOURNMENT
MOTION: Council Member Johnson MOVED to ADJOURN AT 10:05 p.m. Council
Member Abbott SECONDED the motion. Motion carried 4—0.
10/01/03 Minutes,Town Council Regular Session 11
Respectfully submitted,
Roxana Garrity, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 1
st
day of October 2003. I further certify that the meeting was duly called and held and that a
quorum was present.
Dated this / day of 06 IV be-1 ,2003.
Kath E. Cuvelier, CMC
Town Clerk