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Home My WebLink AboutOV90328 BARRIS J U N 0 8 2000 K EMTIRON NTAL! B Y:_..9 1749 E 10 St • Tucson, Arizona 85719 6 June, 2000 520 628 7648 • Fax 520 628 1458 Melissa Shaw Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 • RE: Environmentally Sensitive Lands Ordnance, Mesoriparian Classification Dear Ms Shaw; Harris E:iv ir'""'"ental Group, Inc. has been subcontracted to classify the undeveloped lands within the Town of Oro Valley, Arizona, as part of the Town's development of an Environmentally Sensitive Lands Ordinance. We based our vegetation classification system on that developed by McGann et al. (1995)1. McGann characterized some of the washes within Oro Valley's town limits based on vegetation density, volume and species composition. in the 1995 • Summary Report to the Town, McGann included the riparian habitat classification type "mesoriparian", although at the time no mesoriparian habitat was identified. Our study expanded the work conducted by McGann to include a more comprehensive coverage of the drainage systems found within the Town's limits as well as the undeveloped uplands (non wash areas). During our field surveys of the vegetation within the current boundaries of the Town we identified specific areas as"mesquite bosque" and "degraded mesquite bosque". A mesquite bosque is a large area of vegetation dominated by a uniform stand of mesquite trees. A bosque can be degraded by human influences, such as grazing, recreational activities and flood control measures. These areas are typically associated with riparian areas, with either intermittent surface water flow or shallow ground water levels. This type of riparian area falls within the definition of the mesoriparian classification as described by McGann. The mesquite bosque category of riparian habitat coincides with the mesoriparian habitat classification and should be considered equal in terms of mitigation protection. Ifhave any questions, or require additional clarification, not hesitate to contact me. you have i� �1uvJ�t�. + , �. require a additional please do ++�J+�G e l Best egards, ,„yameri Jennifer S. Ashbeck Biologist cc.: W.W. Shaw, University of Arizona ' McGann & Associates 1995. Sunuuar Report_Town of Oro Valley_ Riparian Habitat Classification and Mapping Project. McGann& Associates. Tucson. Arizona. 19pp. mcmawff--N /HARRIS JUL 2 2000 u ENVIRONfNTAL B Y'! 1749 E 10 St • Tucson, Arizona 85719 520 628 7648 • Fax 520 628 1458 18 July 2000 Bayer Vella Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 RE: ESL project, Mesoriparian Habitat Classification Harris Ens ironmental Group, Inc. was contracted to identify and map Environmentally Sensitive Lands (ES_,$) within the "!ovy; OfOro Valley as part of the Environmentally Sensitive Lands Ordinance Project. One of the categories-of sensitive lands was described as"Mesoriparian Habitats" and we have been asked to clarify our rationale for classifying lands in this category. We are happy to do so. We based our vegetation classification system on that utilized by McGann et al. (1995)'- This typology has been used as the basis for.riparian protection ordinances in Oro Valley and.elsewhere in Pima county and it defines "mesoriparian habitats" as follows: -Me-Nor/par/an habitats are supported by perennial or intermittent surface flows or shallow ground water,. Large mesquite hosques typify this habitat type. Other c.•harac:uteris,tic species include Desert Willcriv, Canyon t-Jackberry, and Blue Palo Verde. . in Oro Valley, weTclassified as "Mesoriparian", the area comprised of the flood plains associated with Big Wash, generally north of the Tangerine Road Bridge. While it is indeed the case that this mesquite bosque has been degraded somewhat by previous land use activities including deliberate clearing for agriculture, firewood, and grazing, many large Mesquite trees remain. Most importantly, with the elimination of grazing and other agricultural activities, this area has.the potential for rapid recovery into a more valuable habitat area. • _Mesquite Bosques (i.e. mesoriparian habitats) occur where there is rich, fine, alluvial soils and high ground water tables. These conditions support vegetation dominated by a nearly closed canopy,forest of large mesquite trees. Typically this occurs at the coniluence.of major drainages. in this case, the bosque occurs below the confluence of _Oro Valley's two most significant washes; Honeybee Canyon and Big Wash. Even though some of the trees that formerly existed in this area have been removed, all of the environmental conditions that favored.the development of a major bosque in this area continue to exist at this-site. For this reason'we..believe that in time, a major bosque will once again occur in this area if it is protected. Harris L,,vironi,,enial(_,roue. Inc. Page 2 • Even in its current condition, this area is important habitat for two fundamental reasons. First, the existing vegetation includes many large mesquites and luxuriant growth of grasses and shrubs. Compared with adjacent uplands, the soil and moisture conditions here support high primary productivity (vegetative growth) which in turn is an important source of food and cover native wildlife. With protection from development, grazing, and agriculture, the bosque will recover and become even more valuable as wildlife habitat and attractive open space. Secondly, this is an important and environmentally sensitive area because of its regional context. One of the criteria for identifying ESLs called. for consideration of the regional context of these habitats— in other words, how do the designated ESL areas in Oro Valley connect with important habitat in the surrounding region? The Honeybee Canyon/Big Wash complex is undoubtedly Oro Valley's most important habitat corridor between the Tortolita Mountains, Catalina Mountains, Canada Del Oro Wash, and imatcly,.an interconnected riparian system built around the Santa Cruz River and its major tributaries. Any development of these lands in Oro Valley will impact negatively on the utility of this system in connecting isolated habitats throughout the region. Finally, we believe that this area should be treated as environmentally sensitive because of its current condition as a flood plain for a major drainage system. Development of this area will require major modifications in the natural drainage system to protect homes from flood hazards. These modifications will very likely influence ground water recharge, runoff patterns and habitats on this site as well as downstream from this area. We hope this clarifies why we classified these areas as and Environmentally Sensitive Lands. Sincerely, arris, h.D. William W. Shaw, Ph.D. President Professor Harris Environmental Group Inc. School of Renewable Natural Resources University of Arizona 'McGann and Associates. 1995. Summary Report, Town of Oro Valley, Riparian Habitat Classification and Mapping Project. McGann and Associates, Tucson, Arizona. 19pp. I . • • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION MEETING DATE: November 4,2003 TO: PLANNING AND ZONING COMMISSION FROM: Susana Montana,Planner II SUBJECT: OV9-03-28, REQUEST TO INITIATE A ZONING MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. BACKGROUND: In October 1996, the Town Council adopted an ordinance creating a Riparian Habitat Protection Overlay District which is described in Article 10-7 of the Oro Valley Zoning Code, Revised (OVZCR). In 2001 the Town Council adopted an ordinance that included a number of properties within the Overlay District; the 39 subject parcels (listed in Exhibit A to this report)were included within this group of properties. The 39 subject parcels lie within an area south of the Canada del Oro (CDO) Wash and west of Oracle Road (see Map 1). This area was included within the Riparian Habitat Protection Overlay District in error as described below. The proposed action would correct this error by removing these parcels from the Overlay District. Please note that the drainageways are not included within the list of parcels in Exhibit A. SUMMARY: The 39 subject properties are located within an area that does not qualify for inclusion in the Riparian Habitat Protection Overlay District because the property does not receive a natural water source, other than rainfall, that is sufficient to support a riparian habitat or its related-species. During the 1983 to 1986 time frame, the Pima County Flood Control District installed flood control facilities, including levees, which removed the natural water source that had supported riparian habitat on the properties. Currently, two flood control levees restrict natural water flow to the 39 parcels (see Map 2). The properties were identified as part of a 1999 comprehensive inventory of riparian habitat throughout the Town, conducted for the Town by environmental consultants. At the time of the inventory, the consultants identified one property within the area south of the CDO Wash and west of Oracle Road (Parcel No. 224-28- 143A) as containing a "degraded mesquite bosque". It is unknown to Town staff or the consultant's staff as to how the identification of a degraded mesquite bosque on Parcel No. 224-28-143A resulted in the inclusion of that parcel and the surrounding 38 parcels into the Riparian Habitat Protection Overlay District. By 1999, the subject area was completely cut-off from any natural water course by the levees and most of the land was developed as residential or commercial uses (see Map 2). By 1999, the land could no longer support a riparian habitat and, therefore, did not qualify for inclusion into the Overlay District. The inclusion of these parcels into the Overlay District was done in error resulting, perhaps, from either a miscommunication or misunderstanding about the then-existing effects of the flood control measures to any extant riparian habitat. A current review of the subject parcels was conducted by staff as part of a proposed development plan of one of the parcels. A site visit by staff, accompanied by a member of the original environmental consulting firm's • TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION Page 2 of 2 staff, resulted in the determination that the site and area do not qualify for inclusion into the Overlay District because these 39 parcels no longer lie within the floodplain system of the CDO Wash that could have supported a riparian habitat. A letter from Harris Environmental Group, Inc. confirming this determination is attached. The remedy for this error is to remove these parcels from the Overlay District. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission initiate a zoning map amendment to remove the 39 subject parcels from the Riparian Habitat Protection Overlay District. SUGGESTED MOTIONS: I move to initiate a zoning map amendment, and to hold a public hearing on December 2, 2003 to consider a zoning map amendment which would remove 39 parcels located south of the CDO Wash and west of Oracle Road from the Riparian Habitat Protection Overlay District. OR I move to deny the request by staff to initiate a zoning map amendment for the 39 parcels located south of the CDO Wash and west of Oracle Road, removing them from the Riparian Habitat Protection Overlay District. ATTACHMENTS: 1. Exhibit A: 39 subject properties to be removed from the Overlay District 2. Location Map 1 3. Aerial Photo Location Map 2 4. Letter from Harris Environmental Group 6,1"- Pla : and Zoning Administrator F:\OV\OV9\2003\9-03-28\Reports\P&ZCReport.doc • 0 Exhibit A: OV9-03-28 Property List The subject properties include Parcel Numbers: 224-28-1420 224-28-143A 224-28-1440 224-28-1450 224-28-1460 224-28-1470 224-28-1480 224-28-1490 224-28-1500 220-09-0190 224-33-013A 224-33-4670 224-35-0120 224-35-0840 224-35-0850 224-35-0860 224-35-0930 224-35-0940 224-35-0950 224-35-0960 224-35-0970 224-35-0980 224-35-0990 224-35-1000 224-35-1010 224-35-1020 224-35-1030 224-35-1050 224-35-1060 224-35-1070 224-35-1080 224-35-1090 224-35-1100 224-35-1110 224-35-1120 224-35-1130 224-35-1140 224-35-1150 224-35-1160 • re 1 ,,\,. 39 Parcels to be Removed ., . . : �r �,�r.„:„.„.::::„.„,„,,,.,,,,. , .. „" . . ., , �ll� � % 1, , tL r..,: ... ,,. . f1 ______ / „„ ..../ \ , , , : . . from Ri pra ri a n Overlay District 1,,,L0 , =1 z.-- .-_,: J / " 4'`L '1, \L:Ii Ir fP ....,../ ''` L / \ Z—.? 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La Canada Drive • Oro Valley, AZ 85737 RE: Parcel#22428143A Dear Ms. Montana, At your request, I reviewed Parcel # 22428143A to determine if the property still qualifies for inclusion as a protected riparian area under the Town's Environmentally Sensitive Lands designation. The parcel is a triangular shape bordered by Pusch View Lane on the south and west, the Canada del Oro (CDO) wash on the north and high- density commercial development on the east. Within Pima County the site is located in Township 12 South Range 13 East, Section 12. Harris Environmental Group originally classified the washes and uplands within the Town in 1999, at that time the parcel was designated Degraded Mesquite Bosque and was subsequently combined into the Xero-riparian designation by the Town. The current conditions at the site no longer support the Xero-riparian designation. Development in the area since 1999 has been extensive and because of existing flood control measures adjacent to the property, the site is no longer within the floodplain system of the CDO wash. The CDO wash banks are incised and reinforced. Drainage canals across Oracle Road prevent water runoff from the Catalina Mountains from reaching the property. The water is channeled under Oracle Road and released into the CDO downstream of the property. If you require any additional information, please do not hesitate to contact me. Be regards jrA4,,,(4 ),a) nnifer S. shbeck Biological Planner DRAFT MINUTES PLANNING COMMISSION REGULAR SESSION NOVEMBER 4, 2003 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:02 PM CALL TO ORDER ROLL CALL PRESENT: Vice Chair Don Cox Commissioner Ken Kinared Commissioner Pete Bistany Commissioner Don Manross Commissioner Robert Krenkowitz Commissioner John Anning EXCUSED: Chair Bill Moody Others Present: Werner Wolff, Council Member Mark Langlitz, Town Attorney Craig Civalier, P.E. Development Review Division Manager Bryant Nodine, AICP, Planning and Zoning Administrator Susana Montana, Planner II Raul Duato, GIS Analyst Lyra Done, Budget and Bond Committee Bill Adler, Board of Adjustments CALL TO THE AUDIENCE: 6:03 p.m. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley. Commented on the item he mentioned last month, specifically strengthening the hillside protection ordinance or code to provide protection for prominent ridges. He disagrees with the information presented to the Commission, that this subject can be combined with the environmentally sensitive land ordinance (ESLO). The ESLO is designed to develop environmental sensitive land, not protect it. The implementation schedule calls for the creation of an ESLO to act as an incentive to develop environmentally sensitive land. The hillside ordinance needs to be initiated as a separate document to protect prominent ridges and peaks, not develop them. These are separate items, separate objectives and of separate importance. The Work Plan makes a reference to recreational space. There is a policy that indicates that residential development is to set aside 1 acre for 85 units for recreational space. When that policy was created in 1993-94 it worked well because most projects were greater than 85 units. Recently residential projects are less than 85 units so you get a fraction of an acre so the policy does not work as well as it could. This is an urgent matter. The in-lieu fee has never worked well and also needs to be addressed. Finally when a speaker approaches you and asks for a call to the audience, they are entitled to a response. If you are asked for November 4, 2003 DRAr I Minutes Planning &Zoning Commission ivieeting 2 information, that information coming back should be agendized so the citizen has an opportunity to respond and participate in the deliberation. CALL TO THE AUDIENCE closed at 6:07 p.m MINUTES MOTION: Commissioner Kinared MOVED to approve the Planning and Zoning Commission meeting minutes from October 7, 2003. Commissioner Bistany seconded the motion. Vice Chair Cox stated that during discussion on item #2, he had questioned if there was a representative of the school district present at the meeting and there was not. He would like the minutes to reflect that. Motion carried with the above addition, 6 yes, 0 no. 1. OV9-03-28, REQUEST TO INITIATE A ZONING MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. Mr. Nodine presented the Staff Report. There is some background provided in terms of a report from a consulting biologist regarding this area and its appropriate classification as a riparian area. Staff would like to recommend initiating this amendment and bring back more definitive information to the Commission in December or January. The amendment is Staff initiated and based on looking at a development plan and plat for a portion of this area. The area doesn't have the connection to the riparian areas that are in the CDO Wash because of the levies. The water is actually pushed out of that area by the levies and by the drainage channel coming off the Catalinas that comes from La Reserve. We question whether it is appropriate to include in the riparian area. It is also very sparse in vegetation. Mr. Nodine told Commissioner Kinared that we will determine if there are other parcels that may be questionably designated on a case by case basis. Consultants do aerial photo interpretations and field checks to verify. Mr. Nodine replied to Commissioner Manross that the extension of the bridge follows the alignment through the riparian area. Mr. Nodine felt Commissioner Krenkowitz's suggestion to delete the language in the recommended motion referencing the public hearing on December 2, 2003, was a good idea. MOTION: Commissioner Anning MOVED to initiate a zoning map amendment which would remove 39 parcels located south of the CDO Wash and west of Oracle Road from the Riparian Habitat Protection Overlay District. Commissioner Manross seconded the motion. Motion carried with 6 yes, 0 no. 2. PUBLIC HEARING — 0V9-99-111, DIAMOND VENTURES, OWNER OF PARCEL NUMBERS 220-04-009C, 220-04-009E, 220-11-003A, 220-07-0060 AND 220-08-001 L, November 4, 2003 DRAT I Minutes Planning &Zoning Commission Meeting 3 WHICH CONSTITUTE THE ENTIRE SITE OF THE STEAM PUMP RANCH PLANNED AREA DEVELOPMENT (PAD), SEEKS A ONE YEAR TIME EXTENSION FOR A 1999 AMENDMENT TO THIS PAD WHICH WOULD EXPIRE ON SEPTEMBER 22, 2004. Mr. Nodine described Steam Pump Ranch PAD's location as the area opposite Honeywell that is vacant land, including the horse track and areas to the north and east along Oracle road. The PAD provided for a five year time frame to complete the conditions required. Diamond Ventures has completed the water main and the wastewater line. They have started the permitting process for the trail and anticipate that it could be completed in the PAD time frame. However, the construction of the two entrances on the project site depends on the ultimate configuration of the Development Plan on the site. Right now we are reviewing the Development Plan and are trying to tie it into the development to the south, Founder's Business Park, which includes the historic site. The applicant came in at least 3 months ago with a development plan. Because of the sensitivity of the site Staff has been working with them and don't see it going through the normal process. The applicant may need some additional time as a result. Mr. Nodine introduced the applicant. Mark Weinberg, Diamond Ventures, 2200 E. River Road. In response to Commissioner Krenkowitz, Mr. Weinberg stated that there are about 11 months left in the five year time frame. Applicant submitted the Development Plan in July. Staff asked them to revise the Development Plan to provide a seamless transition to the neighboring Founders Park property. They voluntarily delayed their plan. The plan goes to DRB next month and the Development Plan could easily get approval by the beginning of the year. The Improvement Plans could be done, the first phase built, and the zoning conditions complied with within the five year time frame. If the Commission does not approve the extension, he would like to know early enough so they could speed up the process again. If the Commission wants to condition approval, he would like another opportunity to respond to those conditions. If it was necessary to comply with the current zoning code, rather than the one from 1999, the new Development Plan just submitted would have to be started over again for the third time, because the standards have changed, i.e., parking requirements and spaces, buffer yard landscaping. Applicant would like to keep the conditions they already have, which is complying with the 1999 code. PUBLIC HEARING opened and closed at 6:25 P.M. — No speakers MOTION: Commissioner Krenkowitz MOVED to forward to Town Council recommending approval of the OV9-99-111 granting the one year time extension for the 1995 amendment to the PAD, which would have otherwise expired on September 22, 2004. Commissioner Bistany seconded the motion. Motion carried with 6 yes, 0 no. 3. PUBLIC HEARING: OV9-03-03, ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE PARCEL (NO. 220-090-160) LOCATED EAST AND NORTH OF THE INTERSECTION OF FIRST AVENUE AND LAMBERT LANE, CHANGING THE LAND USE DESIGNATION OF THIS PROPERTY FROM MIXED USE (COMMERCIALM MULTI- November 4, 2003 DRAT I Minutes Planning &Zoning Commission Meeting 4 FAMILY RESIDENTIAL AND LOW-DENSITY RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW DEVELOPMENT STANDARDS FOR THE NEW "AREA Z" SUB-AREA. THE REZONING APPLICATION IS ACCOMPANIED BY A TENTATIVE DEVELOPMENT PLAN SHOWING A SINGLE-FAMILY DETACHED HOME SUBDIVISION OF 160 LOTS. Frank Bangs, 1 S. Church, Tucson, represents CDO Partners, the applicant/owner of the property. With him is Rob Longacre, from the WLB Group, Andrew Smigielski, South West Traffic Engineering, and Blake Hastings representing the owner. This request is for down zoning. The existing PAD is being reduced from a mixture of commercial, apartment and medium density residential uses to a project that is predominantly lower density residential with the retention of 3 acres of commercial on the immediate south west corner of First Avenue and the property. The PAD was adopted in 1989 and the property has not been aggressively marketed for the allowed uses. In the last several years, developers who have approached the applicant have sought to use it for lower density single family residential. At this point in time it appears that is where the market demand is for development of the property. The general consensus of the neighbors is that they would prefer to see the lower density single family development. The applicant has looked at the conditions Staff has prepared that must be met if this proposal is approved, and is prepared to meet those conditions, with some changes and clarifications. Rob Longacre, the WLB Group, 4444 E. Broadway, Tucson, also represents the applicant. He gave a power point presentation on the site plan showing the location, and an aerial photo showing ridges and hills. At the back side is a large alluvial flat area. There are some washes that run through the property that would have to be worked around with the Corp of Engineers. The existing land use plan and Rooney Ranch PAD shows approximately 30 acres on the east side for single family residential detached. There is multi-family residential on the North West corner, and along the southern area near First Avenue is approximately 25 acres which is largely commercial. There is also a community recreation area. The new plan submitted in the application for PAD amendment shows a single family residential community. There are two points of entrance, one at Lambert and First and another roughly 1200 feet to the north that would access directly onto First Avenue. The rest is single family residential lots with minimum size of 5,000 square feet. After submitting this plan there were concerns raised that the applicant has attempted to address: • Access has been moved to line up with the break in the medium on First Avenue. • Grading: Portions of the site in the 100 year flood plan of the CDO Wash would have to be elevated. Bank protection would need to be built and large amounts of fill dirt brought in. The site could be balanced by cut and fill. The proposal is to grade on the side of the site that is not visible from First Avenue and move to fill. • There are several recreation areas that would provide active and passive recreation. Roughly 40% of the site is undisturbed open space. In Exhibit A of the Staff Report the applicant would like the following changed: November 4, 2003 DRAr 1 1vlinutes Planning &Zoning Commission Meeting 5 • Item 2B — change the building height from 15 feet to 18 feet. Also change any other reference of 15 to 18 feet. • Item 3A — Underlying zoning, applicant would prefer R17 rather than R-4. • Item 3N #3 — It would be very difficult to adhere to having no lot's rear property line abut another lot's side property line. Applicant would like to have this stricken or limit it to no more than 2 consecutive lots. • Item 3P — Grading. Applicant would agree to this condition and would like a condition added stating that they would be allowed to do maximum cuts and fills on the site of up to 15 feet. • Item 4 - They feel that item #4 is covered in item 3P, grading, and would like to see Items 4.1 and 4.2 deleted. • Engineering Conditions of Approval: Drainage Report, change the wording to state that the Drainage Report shall be submitted, not prior to being scheduled for Planning and Zoning Commission, but with a preliminary plat. • Item 6 — First Avenue improvements propose several possible traffic lights at First and Lambert, Naranja, Palisades and Tangerine. Naranja may be extended through the Kai property when developed to the north and connect to Palisades. What the applicant offers is, in the future, the point at the north could be connected to the collector road to provide additional access out of the community. The latest proposal is that there may not be a light at Naranja. If so the collector road rather than intersecting with Naranja might travel through the property and intersect with Lambert. They are concerned with a collector road and its negative impact on the property. Mr. Nodine presented the Staff Report. PAD's create their own zoning. What is proposed is a revision to an existing PAD. Staff has looked at it from the land use point and supports the land use, but has concerns as to how the land use is laid on the site. It does conform to the existing General Plan and to the adopted General Plan that is in the election process. It does not comply with several policies. In light of Mr. Longacre's presentation this evening, Mr. Nodine would like to focus on Exhibit A rather than the policies. The current PAD depicts a lot of development on the site, but has a limit that anything over 15% slope will not be developed, and that should remain in place in this PAD. The plan meets the code except for a number of features addressed in Exhibit A. A new PAD should create a better final product than the zoning code. Staff members Susana Montana and Raul Duato presented a slide "fly-by" showing the views, 15 and 25% slopes and 500 year and 100 year flood plains from all angles. Also shown were the potential lots with building colors depicting whether the buildings were in the floodplain or on 15 or 25% slopes. The presentation depicted the project as proposed before today and the project as it might look under the Exhibit A development. The boxes representing the buildings were approximated with lots of 5,000 square feet, with set backs, and building height of 26 feet, which is the worse case scenario. Mr. Nodine said looking at the slides show why Staff has concerns about the homes on the north end in steeper sloped areas, the height of buildings along First Avenue, and the desire to protect views from First Avenue. The adopted General Plan calls for large vacant areas to be planned comprehensively with cross access to ensure circulation of traffic. November 4, 2003 DRAT- I Minutes Planning &Zoning Commission Meeting 6 Mr. Civalier stated that there are two viable scenarios regarding cross access. Staff prefers the one with the collector road as outlined in the Staff Report. There is a need to look ten to twenty years into the future and a collector road extended from First and connecting to Palisades is the best alternative. Mr. Civalier also had concerns with the drainage issues and impact of the flood plains. Pima County has concerns regarding the height of the levy on the east bank and sediment transport. As part of the site analysis for any PAD amendment or rezoning, the consultant needs to show upstream and downstream impacts. There are more floodplains on the site besides the 100 year from the CDO. Many of the homes would be in the floodplain. Mr. Nodine said Staffs recommendation is for denial, but if the Commission wishes to move forward there were issues mentioned tonight that he will address regarding Exhibit A. • 2B — Staff will support the maximum height of 18 feet. • 3A — R17 zoning is fine, as long as it is clear, with the Commission and in the PAD, that the minimum lot size is less than what would be allowed in R17, i.e. 5,000 square feet vs. 7,000 square feet. Other standards in terms of setbacks are laid out and as long as the applicant is satisfied with the other standards of R17, Staff is also. • In terms of no lot's rear property line abutting another lot's side property line, Staff would support no more than 1 or 2. The lots affected negatively should be bigger. It is a matter of good design. This could be put off until the platting stage. • Regarding cuts and fills, the conditions of the zoning code should continue to apply. The cuts and fills should be limited on anything that is visible from First Avenue. • 4.1 and 4.2 — If the code standards apply, the 25% slopes are protected. If these standards apply, we are protecting the 15% slopes as are in the PAD. The fill would be even along First Avenue commercial property if developed. Mr. Nodine recommends the PAD language related to this stay in place. • Cross access — Mr. Civalier stated Staff's position. PUBLIC HEARING opened at 7:15 p.m. Susan Fry, 10929 N. First Avenue, Oro Valley. Speaking on behalf of her husband, Don Fry and herself, and her neighbors who have written letters to Mayor and Council and the Planning Commission regarding this issue, they support the 76.5 acre portion of Parcel 220- 090-160 having its land use designation changed from mixed use commercial, multi-family residential and low density residential to single family residential of approximately 150 to 160 lot homes. They do not want mixed use commercial, multi-family on this property. The grading and fill that the owner/developer must do in order to build a residential community has been explained to them, and they are in favor of it. They have been promised that the additional grading request will not be visible from First Avenue and that there will be no grading to the front side of the three ridges that face First Avenue. Some grading will be necessary to the back side of one of the ridges and further back on the property. Their neighborhood has attended four meetings over the past two plus years with the owner/developer and each time all of them have been in agreement with their plans for the property. When these plans have been submitted to TOV, nothing comes to fruition. We hope the Commission and eventually Mayor and Council will support the changes the builder November 4, 2003 DRAFT Minutes Planning & Zoning Commission Meeting 7 has proposed for this parcel. They support the R17 land use designation and do not want town homes. There are concerns regarding the collector road. Mrs. Fry also thought there would be a traffic light at Naranja, so what was said tonight was a big surprise. Bill Adler, 10720 N. Eagle Eye, Oro Valley, is in support of a consistent residential, single family detached element rather than the combination of commercial and apartments, etc. The General Plan is in place to see that the built environment blends with the natural environment. It is not possible to have 5,000 square foot lots blending with the natural environment. This density may be down zoning, but is nearly impossible for anything other than custom lots of 15,000 to 25,000 square foot minimum such as are in Palisades Point. Those lots are large enough so the disturbance to the land isn't as apparent as here, where you would have mass grading and deep cuts and fills, floodplain disturbance and destruction on a massive scale in regard to the 15% and 25% slopes. If the PAD is amended, it should be fully amended to get into the custom lot configuration so the lots are large enough and buffered sufficiently that more of the land is respected and not desecrated. Richard Bauer, 826 E. Palisades Road, Oro Valley. Having hiked through the subject property, he is familiar with the fact that it is quite rugged. He hopes the Commission, with this and future projects, will tend more toward expensive housing as opposed to cheap housing. He noticed that Fry's Grocery has a person stationed at the front door to watch for shop lifting. That indicates to him that we have an apparent decline in the demographics of the community and he feels we need to do something about it. One solution is not approving any more apartment dwellings or townhouses than necessary. In accord with the last speaker, he thinks this property is more amenable to larger custom homes than what is proposed. Also, it would be criminally irresponsible to allow housing in the floodplain. He thinks the solution would be to eliminate the apartments, cut down on the housing, and not allow cutting into hillsides. Richard Feinberg, 1451 E. Triton Place, Oro Valley. This is a beautiful piece of property with magnificent slopes. He wishes the General Plan would be taken seriously and adhered to. He is happy the developer came forward with this plan which he feels is a better plan than before because it is residential. Higher priced houses would impact the environment much less. There would be less cut and fill and less destruction to the area. It would upscale the area. Traffic impact would be less. Mark Weinberg, 2200 E. River Road, Tucson. As a real estate developer, this is a great apartment site. The Town is fortunate that Blake Hastings has not marketed this property for apartments. This land is hard zoned for apartments. His advice to the Commission is, if you want apartments on this site, then approve this item with all those conditions that don't work for the developer. If you want housing then try to figure out how to be flexible to make it work for both the Town and the developer. PUBLIC HEARING closed at 7:30 p.m. BREAK 7:30 to 7:40 p.m. Mr. Nodine agreed with Commissioner Kinared that we can make this application difficult enough that the applicant decides not to proceed or we can move forward with this November 4, 2003 DRAFT Minutes Planning &Zoning Commission Meeting 8 application with conditions acceptable to both parties. He pointed out other options were denial and continuance. Based on what was presented tonight, the option of moving forward with an agreement on the conditions could be presented. In response to Commissioner Kinared's questions regarding a traffic light and access at Naranja, Mr. Civalier said that he had a chance to meet with the applicant on this new Tentative Development Plan (TDP) as presented tonight. It is a better plan. Originally the northern access would have gone away when Naranja got built through. This access is better because it is at the median break which would allow full movement. We are still opposed to having a connection to Naranja at this point, unless there is a lot of traffic calming installed. There is a plan to have a signal at Naranja in the First Avenue Project. We would prefer not to and will install it only if warranted. If Naranja becomes a four-way intersection, it definitely needs a signal. Traffic flow with minimal stopping on First Avenue is important. Vice Chair Cox asked the Commissioners, and they agreed, that when a topic is brought up all Commissioners address that topic before progressing to the next topic. Traffic Safety: There were concerns from Commissioners Kinared and Anning regarding the traffic safety on First Avenue. With no light at Naranja it becomes increasing difficult to make a left turn onto First Avenue. A signal going in at Palisades mitigates substantially what will happen at Naranja. Arterial roads should not become parking lots because traffic lights do not allow traffic to flow. Commissioner Anning also stated that there should be a connection between the subdivided area and the unsubdivided area to the north. School buses should be kept within the subdivision and off the arterials. The cross access would also help foster the connectivity between subdivisions. Vice Chair Cox agreed that there should be a plan in place with this development to connect to the north, but does not like collector streets. Flood Plain: Commissioner Kinared asked what liability the Town might have approving development in known flood plains? Attorney Langlitz said the applicant would be taking mitigation measures to move the area out of the flood plain by raising it up. If it was in the flood plain, he doesn't know what liability would be attached to the Town if approved. Mr. Nodine said Pima County would have to approve for any improvements in the flood plain. The issue is more the impact for downstream properties. Currently the impact on downstream properties is unknown. A caveat should be put in the proposed plan that it may not be possible to develop the property to this extent. It does depend on approval of the CLOMR being submitted. November 4, 2003 DRAT I Minutes Planning &Zoning Commission Meeting 9 Mr. Civalier said the County's concern is about the height of the levy on the east side. More information is needed on the impact both downstream and upstream. When all reports are in the applicant may have to adjust their plans. Attorney Langlitz added that it is within the jurisdiction of the Pima County Flood Control District, not the Town of Oro Valley. Grading: Mr. Nodine told Commissioner Kinared that the proposal as presented meets the General Plan. What is in the current PAD does not meet the General Plan. The Town has said what they would like to see in the General Plan in terms of land use. There are other issues in each of those PADs where it is not clear. The current proposal has some problems in meeting policies in the PADs. That is why we proposed Exhibit A. Frank Bangs responded to Commissioner Kinared's question that it is true that to get to the preferred land use, some revisions must be allowed to the grading. The proposal is a trade off, which contemplates grading with up to 15 feet of cuts, which will affect some slopes in excess of 15%. The impact will allow them to overall minimize the impact on slopes and the visual appearance of the project. He suggests that if the Commission is concerned about the visual impact, we would require as part of the site analysis, a visual analysis using a photographic technique and superimposing estimations of future buildings in that landscape. They are at eye level, not 150 feet plus in the air and are based upon what the camera has seen, not what the computer has generated. The answer is yes they are proposing some deviations from the existing grading limitations, but the object is to reduce the overall impacts of that grading. Mr. Nodine said the primary point in terms of impact and visual impacts, is a single family home subdivision is going to have less visual impacts. Commission Bistany observed that there are two distinct issues, one is land use going from mixed use to residential and if that should happen, what do you do with the residential development once the land use is changed. He objects to the condition that if the project goes residential it has to be 160 homes. He feels the density is too high, the grading too great and the destruction of the topography too much. Commissioner Krenkowitz asked the applicant to specifically address the seven reasons that Staff has identified for recommending denial of this application to the Council. Frank Banks said the applicant is not prepared to answer this evening unless a recess is taken. He would like the Commission to do the same with Staff in terms of the proposal that is before the Commission tonight. They have responded to the comments received informally from Staff before they prepared the Staff Report. Has their conclusions changed since they wrote the report? Mr. Nodine said in response to Vice Chair Cox, that for the record, if items in Exhibit A are addressed, it will address those reasons 1 through 7. November 4, 2003 DRAFT Minutes Planning &Zoning Commission Meeting 10 Commissioner Krenkowitz would be more comfortable voting on the application if it was reviewed by Staff and applicant and reduced to a revised application that addresses all these concerns that Staff has previously identified. He feels this should be continued. Design: Mr. Nodine addressed Commissioner Anning's questions as follows: 3D, the front setback is not inviolate. Side setbacks could be removed and addressed by R17, but he is not sure this will work because the minimum lot size proposed is less than the minimum lot size in R17. 3G, in terms of fire safety, building codes will require a 5 feet separation between buildings at a minimum, unless attached. N3, corner lots with double front setbacks and additional widths could be handled in the plat. Both "D" and "G" rule. The buildings will be a minimum of 10 feet apart. Commissioner Manross in Exhibit A, P grading, the staff recommends that slopes along the section that are 25% or greater, the applicant proposes a maximum cut/fill of up to 15 feet. How different is that from the impact beyond the 25% of the slopes? Mr. Nodine responded to Commissioner Manross regarding P, Grading that cuts and fills currently are limited to 6 feet or 8 feet with terracing. The applicant says there are some areas especially behind the slopes to the East that are not going to be visible. They would like to do larger cuts and fills there. The 25% slope is a separate issue and Staff says the code needs to be followed. The code says a building envelope can't be proposed that will be within the 25% slope. Vice Chair Cox stated that there is some current zoning on this property that none of us want. If we do nothing, or put so many conditions on the property that the applicant does not proceed, we will be back where we were. He is in favor of the zoning change to single family residence. He also feels that the Commission may have to continue this item because there have been some changes tonight. Both Staff and applicant felt that if this item were to be continued that they would be able to do so in December. MOTION: Commissioner Anning MOVED to continue OV9-03-03 to the December 2, 2003 meeting at which time the applicant will address the 7 reasons listed in the Staff Report on page 9. Commissioner Manross seconded the motion. AMENDMENT TO MOTION: Commissioner Krenkowitz MOVED TO AMEND the motion to state that OV9-03-03 will be continued to the next regularly scheduled meeting. Amendment is acceptable to Commissioners Anning and Manross. MOTION carried with 5 yes, 1 no. Vice Chair Cox voted no. November 4, 2003 DRA- i 1vlinutes Planning &Zoning Commission Meeting 11 4. PUBLIC HEARING — OV9-03-26, TRANSLATIONAL ZONING OF A 3.028 PARCEL FROM PIMA COUNTY CAMPUS PARK INDUSTRIAL (CPI) TO ORO VALLEY TECHNOLOGY PARK (TP) ZONE, LOCATED ON THE EAST SIDE OF ORACLE ROAD JUST NORTH OF HONEYWELL AND KNOWN AS THE SHURGARD STORAGE PROPERTY, PARCELS 220-040-10N AND 220-110-760 Mr. Nodine presented the Staff Report. Commissioner Krenkowitz questioned if there is any district that could be used that would make this a conforming use, rather than legal non-conforming use. Mr. Nodine replied that the use is allowed in C-2 district, but is a Conditional Use. The recommendation for Technological Park is based on all the other uses in C-2 that are different than what is allowed in the County. The drawback to C-2 is someone could change the use without rezoning to something that would never have been allowed in the County. The zoning to the immediate south of the property is Campus Park Industrial. PUBLIC HEARING opened and closed at 8:30 p.m. No speakers. MOTION: Commissioner Manross MOVED to recommend that the Town Council approve OV9-03-26, translating the zoning for the Shurgard Storage property from Pima County CPI to Oro Valley T-P. Commissioner Krenkowitz seconded the motion. Motion carried with 6 yes, 0 no. 5. PLANNING AND ZONING COMMISSION RULES AND PROCEDURES: DISCUSSION AND ACTION REGARDING FILLING VACANCIES, CONFLICTS OF INTEREST, PLACEMENT OF ITEMS ON THE AGENDA, AND THE ORDER OF BUSINESS Mr. Nodine presented the Staff Report. Because of the way this was advertised, only the items listed are allowed to be discussed. Item #2.7 Placement of Items on the Agenda: First paragraph, second sentence change to read, "The agenda shall be presented to the Commission Chair for approval prior to publication. Second paragraph change to read: "Items may also be placed on the agenda by the Chair or by two or more Commissioners." MOTION: Commissioner Krenkowitz MOVED that the Planning and Zoning Commission continue consideration of its Rules and Procedures to the next regularly scheduled monthly meeting at which time any and all matters regarding the Rules and Procedures may be considered. Commissioner Kinared seconded the motion. Motion carried 6 yes, 0 no. PLANNING UPDATE Mr. Nodine stated that there was nothing to report. November 4, 2003 DRAFT Minutes Planning &Zoning Commission Meeting 12 ADJOURN REGULAR SESSION MOTION: Commissioner Kinared MOVED to adjourn the Planning and Zoning Commission meeting. Commissioner Anning seconded the motion. Motion carried 6 yes, 0 no. Meeting adjourned at 8:45 p.m. Respectfully submitted, Diane Chapman, Recording Secretary q. • It TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION MEETING DATE: December 2,2003 TO: PLANNING AND ZONING COMMISSION FROM: Susana Montana, Planner II SUBJECT: PUBLIC HEARING:- OV9-03-28, STAFF REQUESTS A ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. SUMMARY: Staff noticed this item, but has not had time to fully research the status of these 39 subject parcels relative to other similarly-situated properties included in the Riparian Habitat Protection Overlay District by the Town Council in April 2000. As such, staff requests a continuance of this case to the regularly scheduled Commission hearing in January 2004. SUGGESTED MOTION: I move to continue consideration of the OV9-03-28 Riparian Habitat Protection Overlay District zoning map amendment to the regularly scheduled public hearing in January 2004. /0 .4r r.L- Pl i and Zoning Administrator F:\OV\OV9\2003\9-03-28\Reports\Dec PCZ Report.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462 of the Arizona State Statutes and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING OVERLAY DISTRICT MAPAMENDMENT BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6:00 p. m. on TUESDAY,DECEMBER 2, 2003 PLACE: Oro Valley Town Hall, Council Chambers 11000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING:- OV9-03-28, ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. The Planning & Zoning Commission initiated a public hearing regarding the aforementioned amendment. Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed Map Amendment is available during normal business hours at the Oro Valley Town Hall, Development Services Building, 11000 N. La Canada Drive, Oro Valley, Arizona. Should you have any questions regarding this matter,please contact Susana Montana at 229-4814 or smontana@J.orovalley.net. Bayer Vella,AICP POSTED: 11-06-03 Senior Planner time: 9 : 2 5 a.m. by: drm NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462 of the Arizona State Statutes and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING OVERLAY DISTRICT MAPAMENDMENT BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6:00 p.m.on TUESDAY,DECEMBER 2,2003 PLACE: Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING:- OV9-03-28, ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. The Planning&Zoning Commission initiated a public hearing regarding the aforementioned amendment. Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed Map Amendment is available during normal business hours at the Oro Valley Town Hall,Development Services Building,11000 N.La Canada Drive, Oro Valley,Arizona. Should you have any questions regarding this matter,please contact Susana Montana at 229-4814 or smontana(a)orovallev.net. NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION In accordance with ARS 9-462 of the Arizona State Statutes and Section 3-108 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING OVERLAY DISTRICT MAPAMENDMENT BEFORE THE ORO VALLEY PLANNING AND ZONING COMMISSION IS HEREBY GIVEN: TIME: at or after 6:00 p.m.on TUESDAY,DECEMBER 2,2003 PLACE: Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING:- OV9-03-28, ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. The Planning&Zoning Commission initiated a public hearing regarding the aforementioned amendment. Members of the public are invited to this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. 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If lili�� '��i�, %,��a ♦`��Ilf11111 11111111///�/� /i'////'1111111�, - �s�I---, �A•',• r � 111 i /��'�% ttttt _ .rillit,`�` / . �,!*':1'ii/' 11 �., ♦'##�� :_-,.: :� _ `��va �, 1!/Iris,•;;. - .4: fie, ♦si / -.• ,�� Illil�� _ -j1111'= 11211111 = III/lllit ill"g& .'1 r 1 , ♦ G 4. � , al �i �• +i � � ilim r, 4,......, ° milli.��1��TD1.� i sI �. • �� •• At fe l / �' WIR,„,lr:IilaPY+At.' fir,.. esj . •El .�. �� ■ G E Stone ,.o. PI �� s �, r ' : r m H.E Wind 01 ►r \% ,•.�!. �� 7�o I.N Hillvie Dr v �,�•., v f%IN1 a - pod D c; ; , °-1: �c Zal CASSIIIIIIIL "ga�Rd I amnia!a PI .....:'- �Iiiik.►*- �1 ��gay��5, Ir la T011i rest L. o PI ., O WSt $. !sFrteR .Ehimr.9117Aripopy NOVEMBER 13, 2003 The Daily Territorial PAGE 17 Public Notice State. DATED this 31 day of October,2003. of Marana Land Development Code(but ATTEST: Jocelyn C. Bronson, Town Section 19.03.010 Table 2 and There are advantages to either BARBARA LAWALL PIMA COUNTY which shall not cause a reversion of this Clerk APPROVED AS TO FORM:Frank Subsection C to defer the effective date procedure depending upon the ATTORNEY/s/for THOMAS J.RANKIN rezoning ordinance): Cassidy,Town Attorney Mayor BOBBY of the next roadway development fee forth on the notice of pending forfeiture circumstances of the case. Choosing Deputy County Attorney 1.No approval,permit,or authorization SUTTON,JR. increase from January 1, 2004 to or complaint and the name of the one procedure instead of the other may APPENDIX ONE of the Town of Marana authorizes the Pub:The Daily Territorial February 23,2004. claimant. have serious consequences to you.You (A) 2000 FORD F3D-1TPU VIN: applicant and or landowner to violate November 12,13,14,17,2003 The ordinance amendment in its entirety 2.The address at which he will accept may need to consult a lawyer before 1 FTWW32F4YEA86729 AZ LIC: any applicable federal or state laws or Req:Town of Marana will be available at the Pima County future mailings from the court or attorney making a decision to file either type of CB52453 regulations,or relieves the applicant and pn2003.26 kb Public Works Building,201 N.Stone,5th for the state. petition or a claim or to refrain from filing (B)2001 WELLS FARGO AW182 VIN: or landowner from the responsibility to floor,Tucson,AZ 85701.Telephone: 3. The nature and extent of the anything. 1WC200H2317007125 AZ LIC:M14039 ensure compliance with all applicable Public Works, Department of claimant's interest in the property. If no petition or claim is timely filed, Pub:The Daily Territorial federal and state laws and regulations, Transportation 740-6403. NOTICE 4. The time, transferor and forfeiture of all interest in the defendant November 13,2003 including the Endangered Species Act Dated this blank day of October 27, Notice is hereby given to John Doe,or circumstances of the claimant's property of any person who does not so Req:Pima County Attorney and the Clean Water Act. 2003 Signature/s/Carmine DeBonis acquisition of the interest in the property. any other man claiming to be the father, q p p y petition or claim will result. pn2000ford sm 2.No further lot split,land division,and PUBLISH:The Daily Territorial 5.The specificprovisions of this chapter Anythat you have been identified by Raina p p petition must be mailed to the or subdivision of land shall occur without October 28,29,30,31,2003 relied on in asserting that it is not subject attorney for the State: Forfeiture Unit the approval of the Town. Shaie Schmidt nee Morrow,the natural November 3,4,5,6,7,10,12,13,2003 to forfeiture. . Pima County Attorney 1400 Legal 3. No lot, legally existing prior to the mother, residing at 2650 North Oracle, November 14,17,18,2003 6. All facts supporting each such Services Building 32 North Stone MARANA ORDINANCE NO.2003.26 adoption of this ordinance, nor any lot Apt. #721, Tucson, Arizona, 85705 as pnnovl8 kb assertion. Tucson,Arizona 85701-1412 AN ORDINANCE OF THE MAYOR AND legally created subsequent to the the potential father of the child to be COUNCIL OF THE TOWN OF born on or about December 1,2003,you 7. Any additional facts supporting the Any claim filed must be filed•in Pima adoption of this ordinance, shall be MARANA, ARIZONA, APPROVING A are informed of the following: REZONE INITIATED BY THE TOWN claimant's claim. County Superior Court.The Claim must allowed to have or shall conduct more 1.Raina Shaie Schmidt nee Morrow,the Sales Notices 8.The precise relief sought. use the caption on this notice, and a than a single use, as permitted or OF MARANA TO REZONE natural mother,plans to place the child F.Copies of the claim shall be mailed to copy sent to both the above attorney for conditionally permitted by this ordinance. APPROXIMATELY 10 ACRES OF for adoption through Catholic Social the seizing agency and to the attorney the State and the seizing agency LAND LOCATED NORTH OF MOORE 4. The following uses, otherwise Service, 140 West Speedway,Ste 130, NOTICE OF SALE for the state.No extension of time for the TUCSON POLICE DEPARTMENT at ROAD, WEST OF TORTOLITA ROAD, permitted outright in the"MU-1"(Mixed Tucson,Arizona 85705,(520)623 0344. 1996 GMC JIMMY 2DSW ID# filing of a claim may be granted. 270 S. STONE AVE., TUCSON, Use Zone) zoning district, are hereby 1GKCT18WXTK509402 IN A PORTION OF SECTION 26, 2. Under Sections 8-106 and 8-107, A.R.S. § 13-4309 provides that when ARIZONA 85701. expressly prohibited relevant to any 1999 CHEVY LUMINA 4DSD ID# uncontested forfeiture is made available In some circumstances, a person TOWNSHIP 11 SOUTH, RANGE 12 development of the subject 10 acres Arizona Revised Statutes,you have the 2G1 WL52M6X1100674 TO ZONE"MU-1"(MIXED USE ZONE). and a Petition for Mitigation or claiming a lawful interest in property may EAST, FROM"C"(LARGE LOT ZONE) subsequent to the adoption of this the adoption. •right to consent or withhold consent to 1999 SUZUKI GRD VITARA ID# -+ Remission is filed with the attorney for file an application pursuant to A.R.S.§ ordinance: JS3TE62VXX4103781 WHEREAS,Ted and Kathy Widger,the 3.Your written consent to the adoption is the State, an informal procedure is 13-4310(B) to obtain a hearing on the A.Kennels. 1995 MERC VILLAGER 3DSW ID# Northwest Fire District, and Northwest irrevocable once you give it. permitted to determine whether the provisional return of the property Holdings, Inc. are the owners of three B.Aviaries. 4. If you withhold consent to the 4M2DV11 W9SDJ29081 petitioner's interest will be maintained in pending the outcome of a judicial C.Blacksmith shop. IS BEING SOLD BY LIENHOLDER AT parcels of land consisting of adoption, you must initiate paternity whole or in part.The procedure usually proceeding on the forfeiture. Any approximately 10 acres in total, D.Crop production. proceedings under Title 25, Chapter 6, PUBLIC AUCTION TO HIGHEST takes less than ninety days from this application for such a hearing must E.Grazing and raising of livestock. BIDDER ON NOVEMBER 19, 2003; generally located north of Moore Road Article 1,Arizona Revised Statutes,and notice,and allows negotiation among the comply with the requirements of A.R.S.§ F. Raising and marketing of poultry, 10:00 A.M. AT 2628 W. VERBENA; and west of Tortolita Road within Section to serve the mother within thirty days parties. 13-4311(E)and(F)when filed with the rabbits,and small animals. TUCSON, AZ 85705-192 SALE IS 26,Township 11 South,Range 12 East, after completion of service of this notice. Any party whose interest,or any part of court.Any such application must be filed G.Sale stands for the sale of agricultural SUBJECT TO REDEMPTION BY as depicted on Exhibit "A", attached 5.You have the obligations to proceed it,is declared forfeited by the attorney for within fifteen (15)days of the notice or hereto and incorporated herein by this and horticultural products produced or to judgment in the paternity action. ORIGINAL OWNER PRIOR TO the State, may, within thirty (30) days actual knowledge of the seizure for grown on the premises. AUCTION. LIENHOLDER RESERVES reference;and 6.You have the right to seek custody. after the mailing of the declaration in the forfeiture. H.Trucking operations and yards. THE RIGHT TO BID. LOCATION AND WHEREAS, the Marana Planning 7. If you are established as the child's informal proceeding,file a claim in court. The property was seized on October 1, 5. The following conditional uses, TIME FOR INSPECTION: 2628 W. Commission held a public hearing July father, you must begin to provide When a claim is filed,whether initially or 2003. If you have not previously 30,2003 and voted 7 0 to recommend otherwise permitted conditionally, financial support for the child. VERBENA; TUCSON, AZ 85705-192 after the informal proceeding, the received notice of its seizure for subject to special approval procedures, NOVEMBER 18, 2003 AT 8:00 AM. that the Town Council approve said 8. If you do not file a paternity action forfeiture is finally determined by the forfeiture, this is notice pursuant to in the"MU-1"(Mixed Use Zone)zoning PUBLIC OR DEALER BIDS WELCOME. rezone, adopting the recommended under Title 25,Chapter 6,Article 1,and Court and not by the attorney for the A.R.S.§13-4306(C). conditions;and district, are hereby expressly prohibited do not serve the mother within thirty Pub:The Daily Territorial relevant to any development of the November 13,2003 WHEREAS, the Town of Marana days after completion of the service of PlanningDepartment held apublic subject 10 acres subsequent to the Req:ABC Finance Co. P this notice and pursue the action to 9 involvement meetingSeptember 18, adoption of this ordinance: s196gmc sm p judgment,you cannot bring or maintain NOTICE OF PUBLIC HEARING 2003 at the Heritage Highlands Golf and A.Additional buildingheights. any action to assert any interest in the BEFORE THE B.Apiaries. Country Club to elicit public commentary child. ORO VALLEY PLANNING AND ZONING COMMISSION C. Commercial riding stables and Summons and provide information related to the 9. The Indian Child Welfare Act may In accordance with ARS 9-462 of the Arizona State Statutes and Section 3-108 of the boarding stables. rezoning;and supersede the Arizona Revised Statutes Oro Valley Zoning Code Revised, D.Lighted game courts. WHEREAS, the Marana Town Council regarding adoption and paternity. SUMMONS IP NOTICE OF PUBLIC HEARING FOR A ZONING OVERLAY DISTRICT E.Manufacturing. heard from the property owners, staff 10. You may wish to consult with an ARIZONA SUPERIOR COURT, MAPAMENDMENT BEFORE THE ORO VALLEY PLANNING AND ZONING F.Processing and assembly. and members of the public at the regular attorney to assist you in responding to PIMA COUNTY COMMISSION IS HEREBY GIVEN: G.Restaurants. Town Council meeting held November 4, this notice. SUSAN WALKA and JOHN WALKA, TIME:at or after 6:00 p.m.on TUESDAY,DECEMBER 2,2003 H.Public or private rodeo facilities. 2003 and has determined that the Pub:The Daily Territorial wife and husband; JOEY WALKA, a PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro I.Sexually oriented businesses. rezoning is in conformity with the October 30,2003 minor, byand through JOHN WALKA, Valley,Arizona J.Warehouse facilities. row g General Plan and should be approved, November 6,13,20,2003 his father and next friend, Plaintiff. vs. SUBJECT:PUBLIC HEARING:-OV9-03-28,ZONING OVERLAY MAP AMENDMENT subject to conditions. Section 3. All Ordinances, Resolutions Req:Catholic Social Service TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION and Motions and parts of Ordinances, JOHN GWIN and JANE DOE GWIN, OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO NOW,THEREFORE,BE IT ORDAINED Resolutions,and Motions of the Marana pnschmidt sm husband and wife; Defendants. NO.C- WASH AND WEST OF ORACLE ROAD. by the Mayor and Council of the Town of Town Council in conflict with the 2003 5561 SUMMONS Assigned to: The Planning & Zoning Commission initiated a public hearing regarding the Marana,Arizona,as follows: provisions of this Ordinance are hereby Judge Fields Section 1.The zoning of approximately Notice of Public HearingTHE STATE OF ARIZONA TO THE aforementioned amendment. repealed, effective as of the effective 10 acres located within Section 26, Notice is herebygiven that the Pima DEFENDANTS: John Gwin and Jane Members of the public are invited to this meeting and will be given an opportunity to date of Ordinance No.2003.26. Township 11 South, Range 12 East, CountyBoard of Supervisors will hold a Doe Gwin 7661 N. Lundberg, Tucson, speak. An agenda for the meeting will be made available 24 hours prior to meeting Section 4: If any section, subsection, P g, north of Moore Road and west ofpublic hearingon Tuesday, November AZ 85741 time. The full text of the proposed Map Amendment is available during normal business Tortolita Road(the Area"),is sentence, clause, phrase or portion of hours at the Oro Valley Town Hall, Development Services Building, 11000 N. La "Rezoning ) this Ordinance is for any reason held to 18,2003,at 9:00 a.m.or thereafter in 1.A lawsuit has been filed against you. hereby changed from Zone "C" (Large the Board of Supervisors HearingRoom, A copyof the Complaint in that lawsuit Canada Drive, Oro Valley, Arizona. Should you have any questions regarding this Lot Zone to Zone be(Mixed Use be invalid or unconstitutional by the p P matter, please contact Susana Montana at 229-4814 or smontana@orovalley.net./s/ ) decision of any court of competent Administration Building, 130 West accompanies this Summons. Zone). Congress Street, First Floor, Tucson, 2.If you do not want a Judgment taken Bayer Vella,AICP Senior Planner Section 2. The purpose of this rezoning jurisdiction,such decision shall not affect Arizona for the followingordinance against st you for the relief demanded in Pub:The Daily Territorial the validity'of the remaining portions 9 is to allow the use of the Rezoning Area p,amendment. the Complaint,you must file a Response November 13,2003 hereof. P for a variety of rural commercial uses, PIMA COUNTY DEVELOPMENT in writingin the Office of the Clerk,Pima Req:Town of Oro Valley PASSED AND ADOPTED by the Mayor subject to the following conditions, the SERVICES DEPARTMENT ROADWAY CountySuperior Court, 110 W. pnov9-03-28 kb violation of which shall be treated in the and Council of the Town of Marana, P Arizona,this 4th day of November,2003. DEVELOPMENT IMPACT FEE Congress, Tucson, Arizona 85701, same manner as a violation of the Town ORDINANCE AMENDMENT accompanied by the required filing fee.A An ordinance of the Board of copy of the Response must also be NOTICE OF P BLIC HEARING Supervisors of Pima County Arizona mailed to the attorney whose name BEFORE THE ORO VALLEY TOWN COUNCIL relating to capital improvements funding appears above. In accordance with ARS 9-462,Arizona State Statutes,and Section 3-111 of the Oro NOTICE OF PU13LIC HEARING and development fees; amending 3. The Response must be filed within Valley Zoning Code,Revised, BEFORE THE ordinance 2003-40 Section 13 and TWENTY (20) DAYS, exclusive of the NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL IS ORO VALLEY PLANNING AND ZONING COMMISSION HEREBY GIVEN: In accordance with ARS 9-462,Arizona State Statutes,and Section 3-005.D.of the Oro TIME:at or after 6:00 p.m.on WEDNESDAY,DECEMBER 3,2003 Valley Zoning Code,Revised, PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING AND NOTICE OF PUBLIC HEARING Valley,Arizona ZONING COMMISSION REGARDING A REQUEST TO AMEND THE TOWN OF ORO BEFORE THE ORO VALLEY TOWN COUNCIL SUBJECT:PUBLIC HEARING:ORDINANCE NO.(0)03- ,OV9-99-111,DIAMOND VALLEY GENERAL PLAN IS HEREBY GIVEN: In accordance with ARS 9-462 and Section 3-111 of the Oro Valley Zoning Code VENTURES,OWNERS OF PARCEL NUMBER 220-08-001 L,WHICH CONSTITUTES TIME:at or after 6:00 p.m.Tuesday,December 2,2003 Revised, NOTICE OF PUBLIC HEARING FOR TRANSLATIONAL ZONING FOR THE ENTIRE SITE OF THE STEAM PUMP RANCH PLANNED AREA DEVELOPMENT PLACE:Oro Valley Town Hall,11000 N.La Canada Drive,Oro Valley,Arizona RECENTLY ANNEXED PROPERTY BEFORE THE ORO VALLEY TOWN COUNCIL IS (PAD) AND IS LOCATED ON THE WEST SIDE OF ORACLE ROAD, NORTH OF SUBJECT: PUBLIC HEARING: OV11-03-01,GENERAL PLAN AMENDMENT FOR HEREBY GIVEN: HANLEY ROAD AND SOUTH OF RAMS FIELD PASS ROAD AND ACROSS FROM AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33-007A,224- TIME:at or after 7:00 p.m.on WEDNESDAY,DECEMBER 3,2003 THE TRAFFIC LIGHT AT THE HONEYWELL OFFICE COMPLEX, SEEKS A ONE 33-008A AND 224-33-011A,LOCATED AT THE NORTHWEST CORNER OF DESERT PLACE:Oro Valley Town Hall,Council Chambers 11000 North La Canada Drive Oro YEAR TIME EXTENSION FOR A 1999 AMENDMENT TO THIS PAD WHICH WOULD SKY ROAD AND VALLE DEL ORO ROAD, CHANGING THE LAND USE MAP Valley,Arizona EXPIRE ON SEPTEMBER 22,2004. DESIGNATION FROM "CP"—COMMERCE PARK LAND USE TO "MHDR"—MEDIUM SUBJECT: PUBLIC HEARING — ORDINANCE (0) 03- , OV9-03-26, Town Council adopted Ordinance (0) 99-52 on September 22, 1999, Case Number HIGH DENSITY RESIDENTIAL. TRANSLATIONAL ZONING OF A 3.028 ACRE PARCEL FROM PIMA COUNTY OV9-99-111,which required certain site improvements to be completed by September Mark Castro of Tierra Right of Way Services,representing the owner,DC Investments, CAMPUS PARK INDUSTRIAL(CPI)TO ORO VALLEY TECHNOLOGICAL PARK(TP) 22,2004. The property owner has initiated most of the required improvements and has requests an amendment to the General Plan map. If approved, it would enable ZONE, LOCATED ON THE EAST SIDE OF ORACLE ROAD JUST NORTH OF submitted a Development Plan(DP). The one year time extension would allow this DP consideration of a future application to rezone the site from TP-Technology Park to a HONEYWELL AND KNOWN AS THE SHURGARD SELF STORAGE PROPERTY, to proceed through the review and legislative process and,if approved,would allow the residential district with approximately 65 single-family detached homes. PARCELS 220-040-10N AND 220-110-760 final improvements to be completed by September 2005. Members of the public are invited to attend this meeting and will be given an opportunity The property was annexed into the Town on June 25,2003 and,in accordance with Members of the public are invited to this meeting and will be given an opportunity to to speak. An agenda for the meeting will be made available 24 hours prior to meeting State Statutes,the Town is required to change or"translate"the zoning on annexed speak. An agenda for the meeting will be made available 24 hours prior to meeting time. The full text of the proposed General Plan Map Amendment is available during properties to the closest comparable zoning district within the new jurisdiction. time. The full text of the proposed time extension request is available during normal normal business hours at the Oro Valley Town Hall, Development Services Building, Members of the public are invited to attend this meeting and will be given an opportunity business hours at the Oro Valley Town Hall,Development Services Building,11000 N. 11000 La Canada Drive,Oro Valley,Arizona. Should you have any questions regarding to speak. An agenda for the meeting will be made available 24 hours prior to meeting La Canada Drive,Oro Valley,Arizona. Should you have any questions regarding this this matter,please contact Susana Montana at 229-4814 or smontana@orovalley.net. time. Should you have any questions regarding this matter,please contact Bob Conant, mater,please contact Susana Montana at 229-4814 or smontana@orovallley.net. /s/ /s/Bayer Vella,AICP Senior Planner Planner II at 229-4822 or bconant@orovalley.net./s/Bayer Vella,AICP Senior Planner Bayer Vella,AICP Senior Planner Pub:The Daily Territorial Pub:The Daily Territorial Pub:The Daily Territorial November 13,2003 November 13,2003 November 13,2003 Req:Town of Oro Valley Req:Town of Oro Valley Req:Town of Oro Valley pnovl1-03-01 kb pnov9-03-26 kb pnov9-99-111 kb I I I TOWN OF ORO VALLEY 11000 N. LaCanad ive �QN Q 'a, * �y Oro Valley, AZ 85', -, 5KS'9kiA '' , if;„,/e: 4.7 tka- §"e‘tv..... '' '''.1.-liti"-- '''' } yT 02 1A $ Uu.23° ' • . 0004337343 NOV06 2003 f aor I rbia.- MAILED FROM ZIP CODE 85737 224350960 TWIBELL FAMILY REVOC TR ATTN: STEP N P&KATHLEEN D TR 98 E LOCH L OND PL ORO VALL AZ 85737-0000 ' NOV 1 0 2003 thi usitawiiiitiliiiit•i•ll1+i•ili/Iitbiliiiltf•iiiitiit 'OWN OF ORO VALLEY 1000 N. LaCanada ve ' �,`'°N A �{ )ro Valley, AZ 857„ ,� PM 9s. a Y N 06 ,� . _ S 00 I P "' r ee r! ' .t ,i51.. 02 1A ■ '.`: 0004337343 NOV06 2003 4 MAILED FROM ZIP CODE 85737 224350950 TWIBELL FAMILY REVOC TR ATTN: STEPHEN KATHLEEN D TWIBELL TR 98 E LOCH LOMO D PL ORO VALLEY AZ 85737-0000 fN�,,: 9 NOV 1 0 p 2 003 ...� J / {!tl!f!F!!!iflIl11itifilIh fz E1!!!!!i113t?'!!fI, iii}ilh r APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION DECEMBER 2, 2003 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair Bill Moody Vice Chair Don Cox Commissioner Pete Bistany Commissioner Don Manross Commissioner Robert Krenkowitz Commissioner John Anning EXCUSED: Commissioner Ken Kinared Others Present: Mayor Loomis Werner Wolff, Council Member Mark Langlitz, Town Attorney Craig Civalier, P.E. Development Review Division Manager Bryant Nodine, AICP, Planning and Zoning Administrator Susana Montana, Planner II Bill Adler, Board of Adjustments Lyra Done, Budget and Bond Committee Conny Culver, Development Review Board CALL TO THE AUDIENCE AT 6:04 P.M. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley stated that during the rezoning process we need to consider quality of land as we consider the intended use. Quality of the land can be dismissed because we have a Native Plant Preservation and Salvage Ordinance, open space requirements, recreational space requirements, buffer requirements, etc., and that appears to some to take into account the quality of the land. It is his impression that quality of land is not just the plants, vegetation, or subtle contours. The level of density should be at the lower range of allowable density. If it is a commercial rezoning, take into account the permitted uses and square footage allowable. It should be at the lower range of the intensities. He suggests that this should be factored in as a future item to be considered. CALL TO THE AUDIENCE CLOSED AT 6:07 P.M. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 2 MINUTES MOTION: Vice Chair Cox MOVED to approve the Planning and Zoning Commission meeting minutes from November 4, 2003. Commissioner Manross seconded the motion. Motion carried 6 yes, 0 no vote. 1. PUBLIC HEARING: OV9-03-03, ZONING AMENDMENT FOR A 76.5 ACRE PORTION OF A 79.5 ACRE PARCEL (NO. 220-090-160) LOCATED EAST AND NORTH OF THE INTERSECTION OF FIRST AVENUE AND LAMBERT LANE, CHANGING THE LAND USE DESIGNATION OF THIS PROPERTY FROM MIXED USE (COMMERCIAL, MULTI-FAMILY RESIDENTIAL AND LOW-DENSITY RESIDENTIAL) TO SINGLE-FAMILY RESIDENTIAL AND CREATING NEW DEVELOPMENT STANDARDS FOR THE NEW "AREA Z" SUB- AREA. THE REZONING APPLICATION IS ACCOMPANIED BY A TENTATIVE DEVELOPMENT PLAN SHOWING A SINGLE-FAMILY DETACHED HOME SUBDIVISION OF 160 LOTS. Keri Silvyn, One S. Church Avenue, Tucson, represents the developer, CDO Partners. Also present are Rob Longaker and Charley Hulsey, WLB Group and Blake Hastings from CDO Partners. The original Rooney Ranch PAD was a much larger parcel that included the subject parcel, the Home Depot and the Fry's parcels that are currently developed. It was a PAD entitled for a mix of uses, residential, commercial, and office. The 76.5 acres at issue tonight is currently entitled for a combination of more office, commercial, neighborhood recreation, multi- use recreation and some single family residential uses, essentially the equivalent of the mixed use neighborhood type of a development. CDO Partners monitored the General Plan process very closely, listening to the Town resident's wishes for the future planning of the Town as well as talking to the neighbors most affected by this development. The preference was that there be no mixed use type of development, no apartments and no other type of multifamily dwelling units. We looked at what the market was dictating for housing in Oro Valley, and it indicated single family residential homes. CDO Partners met with a number of prospective builders, looked at the cost of development and determined the minimum number of lots needed to maintain the current market demand. The PAD amendment proposes 152 single family residences on 76.5 acres. Seven lots have been deleted since the last meeting to accommodate staffs previous request that the cut and fills be limited to 15 feet. There is 40% of the land dedicated to open space. There will be 4 recreation areas totaling approximate 2 acres. All recreation areas will be connected by sidewalks and trails. This land use proposal offers a much less dense development than the property is currently entitled, which results in less traffic noise and other consequences of higher density and intensity uses. Rob Longaker, WLB Group 4444 E. Broadway, Tucson, discussed design elements of the project. Architectural style will abide by all criterion in the zoning code. Incorporated into the development are varied front yard setbacks, varied elevations and floor plans, staggering and varying locations of one and two story homes. The project will adhere to landscape standards established by the Town. The project proposes a 25 foot buffer yard along First Avenue and will use drought tolerant, low water use plants, xeroscaping, and native plant preservation. This project will comply with Chapters 10 and 15 of the zoning code regarding grading with two exceptions. What is proposed is approximately 3 acres graded into the 25% slopes. (Map was December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 3 shown detailing where the grading would be done.) Other project's, that have been graded into 25% slopes, guidelines have been incorporated into this project. Mr. Longaker showed slides of sample slope treatments in other projects using earth colors and a variety of bench treatments with landscaping. The proposed bench would be approximately 8 feet wide allowing for more landscaping. Mr. Longaker presented visual analysis photos from various vantage points around the property showing how the property would look before and after development. There was also a slide showing a connector road to the north. A second connection would be difficult to place due to topographical issues with the property to the north. Keri Silvyn stated that since the continuance from last month there have been a number of discussions with Town Staff. Almost all of the conditions from Exhibit A have been incorporated as proposed by Staff. There are a few items the applicant has exceptions to in Exhibit A. OVZC, Sections 10-307 and 10-308 list the 1996 General Plan requirements that apply to a PAD application and list certain specific and required findings for a PAD amendment. Ms. Silvyn distributed a matrix that describes how they meet the required 80% of the General Plan requirements in Section 10-307 and a number of specific findings as well. Section 10-307 lists 48 General Plan criteria, 35 of which apply to a residential type development. They meet 30 of those criteria, which is 86% of the required 80%. She provided a modified version of Attachment 1. They feel the grading proposed is appropriate for the site and request that conditions 1 and 12 be removed to allow the 15 foot cuts and fills and grading into a limited number of 25% slopes. Condition #2 B and C, they acknowledge that they have to complete a letter of map revision through FEMA to remove approximately 5 acres of the property from the 100 year flood plain. They are comfortable with Condition 2B that they demonstrate the pre- development and post-development during each 100 year event is not changed. It is a requirement during the platting process. Condition #3 deletes the word "collector" street as the traffic impact analysis doesn't justify a collector street. They have asked for Condition #7 to be deleted, as the Town approved traffic impact analysis specifically states that an access off North First Avenue from that 3 acre parcel could be safe. The concerns related to access on North First Avenue should be addressed in the development stage of that 3 acre parcel. They request a modification of Condition 12 D. The currently proposed PAD provides a modified framework for determining a substantial change to the PAD. That language has been in there since they resubmitted at the end of the summer. It is not a new section. The primary reason for this change is that there is no specific homebuilder involved with this project currently. They would like to provide the standards in the PAD document but still have some flexibility with the TDP depending upon the developer that comes in. The following areas are where they are asking for some flexibility with the backstop that they still have to comply with the PAD requirements: • Lot size and number of lots, providing that the lots have to conform to or exceed the minimum development standards established by the PAD. • The drainage scheme shown on the TDP may vary particularly if lot configuration changes. However, it still must comply with the OV floodplain management code and drainage criteria including the requirement that the pre and post development drainage cannot change. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 4 • Treatment of graded slopes shown on the TDP could vary, but still must comply with the grading standards. They would like the language modified to indicate that the grading limits cannot extend beyond the limits on the TDP to provide the assurance that no more than 3 acres of the 25% slopes would be graded. • Layout of streets to vary so circulation still provides a logical and efficient movement of vehicles and the circulation plan cannot contradict the traffic impact analysis. When the plat comes forward, with these potential changes, it still has to go through Staff, DRB and Town Council for compliance with this PAD document for approval. This amendment meets the required number of General Plan criteria per the section of the code dealing with PADs. It is supported by the neighbors most affected by this development and it makes good planning sense. Ms. Silvyn responded to Commissioner Krenkowitz question regarding page 2 from the Staff Report about the applicant not providing the required analysis of the project to both upstream and downstream watersheds, that Section 10-300 requiring certain information being provided at the time of the PAD. That information has been provided. What Staff is asking for is more detailed analysis as to up and down stream drainage effects, which is required at the time of platting. Commissioner Krenkowitz felt that the issue of up and downstream drainage effects is so critical that he felt if the applicant could not address this issue now that he would not recommend it going forward to Council. Mr. Longaker said that WLB's staff hydrologist has done a preliminary examination regarding this issue. Two major hydraulic occurrences happen in this project: (1) There are flows that are entering the northern part of the site and there are essentially three defined washes on the site. The eastern wash will have a limited bank protection. An encroachment analysis was done which quantified how much water goes through the project. The analysis says how much the area can be shrunk down without creating negative effects either up or downstream. The bank protection does not negatively effect either up or downstream. The same is true of the western wash. (2) FEMA has mapped the 100 year floodplain for the CDO Wash. In order to build in that area, the applicant plans to remove the area from the floodplain and use the criteria necessary to do so. The bank protection necessary will not increase the water surface elevation or velocity and as a consequence does not negatively affect the watersheds. Mr. Nodine presented the Staff Report. The applicant has revised the project based on our discussion and has revised Exhibit A with some minor changes to some of the conditions. Issues still of concern are: The 25% slope, area still affected has about 3 acres with 25 slopes, the CDO floodplain and cross access. Mr. Civalier does not agree with the applicant about the upstream and downstream impacts. The Code Section 3-104-4-e-3 and 4 specifically states you need to look at the up and downstream effects during rezoning. He wants the developer to be responsible for any effects there are. The preliminary report submitted to the Town and County was insufficient. Mr. Civalier is less concerned about the on-site floodplains vs. the eastern one because they are much smaller. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 5 Mr. Civalier said that after review of the traffic impact report the Town Engineer would not allow another access to the commercial site on First Avenue because it is too close to the bridge. There should be a collector street and it should go north to Palisades. Staff is also concerned about the location of the connection street proposed to the north. Connection streets should be located where the major body of lots is and there would need to be a cut through for that. Mr. Nodine stated that the applicant brought up the fact of precedents for the 25% slope. Oro Valley Town Center is a site that has no flat areas in the residential portion, and the only way to make it work was to allow encroachment for the homes to the north into some 25% slopes. In the Rancho Vistoso area there was a PAD that was developed at a scale that did not pick up all the 25% slopes, so there were development areas that were shown that had 25% slopes and text that said no development in 25% slopes. We had to look at how to address the discrepancy in the PAD and a trade provision within the PAD to allow that. In this case the 25% slopes are mapped and we are proposing the development follow the code as it is established to avoid the encroachment into the 25% slopes. The project does conform to the General Plan and many of the policies. Staffs concern is about access, slope, and floodplain, etc. A PAD should be based on the Zoning Districts within the Code and then to achieve a superior product from what was provided within that zoning district. With the grading of the 25% slopes and the additional cuts and fills, Staff is not convinced that a superior product has been achieved. Staff was concerned that the PAD allows more flexibility in terms of future changes to the TDP without the process of going to the Planning and Zoning Commission and the Town Council. Mr. Nodine said that it is a good plan. It has the types of uses and products that the Town wants to see. How it gets adjusted and treated in the future is why Staff is recommending denial. Staff would encourage the Commission to try to move this forward and include conditions in Exhibit A to create a product that would be what the Town is looking for. Mr. Civalier told Chair Moody the Town plans to start work on widening First Avenue next fall. Mr. Civalier responded to Vice Chair Cox that Pusch View Lane across the CDO is going to help traffic in this area. There will be approximately 300 left turns in the peak hour at the intersection of Lambert and First and most of those will be diverted to Pusch View. The size of this development is not high impact. The improvements of four lanes divided plus north left turns lanes should offset any impacts. The La Canada Extension which will begin next spring should also help take the traffic burden off First for traffic going to Rancho Vistoso Boulevard. Mr. Civalier said that it is true that until all flood or water flow issues are addressed to satisfy the Town, Pima County and FEMA, the applicant cannot build homes. All problems will be solved before building. Vice Chair Cox said that although we continue to address connectivity that the Town continues to build compounds with no connectivity. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 6 Mr. Nodine told Commissioner Bistany that an analysis was not done on what the project would look like from Oracle going north, but he would be very surprised if it was visible. It would be visible from walking down the wash and the trail along the wash. If it were visible from Oracle, it would look like some very small rooftops tucked in between some hills. Commissioner Bistany feels that the applicant is trying to fit a lot of homes in topography that can't accommodate those homes. He would like to see before and after photos from the east side of the hills. PUBLIC HEARING opened at 7:10 p.m. Helen Dankwerth, 11515 N. Flying Bird Drive, Oro Valley, asked the Commission to please listen to the Staff Report which offers expert opinions. If denial is recommend on the basis of lack of compliance with pre-approval requirements of our existing codes, as well as lack of documentation required by Pima County Flood Control District, then granting approval would be tantamount to saying that you have little confidence in Staffs opinion, but seem disposed to approve based on what benefits the developer rather than citizenry. I understand and completely agree with the desire of close neighbors for single family homes rather than apartments. However, the new plan as shown, while an improvement over the first display of a few weeks ago, still shows the plats to be of singularly unimaginative design, apparently intended to cram the most homes into the area with little regard to providing an aesthetic balance and natural fit between topography and construction. Furthermore, this is an area which with the Pusch Ridge Bridge extension will still experience ever more traffic in the near future. Apparently the neighbors were under the mistaken opinion that there would be a traffic light at Naranja and Oracle, which according to the Staff Report is not a sure thing. She implores the Commission to act wisely. Insist on conformity with our codes and respect the Staffs opinion. Sue Fry, 10929 N. First Avenue, Oro Valley, would like to state again her support for this rezoning. All the neighbors most directly impacted by this rezoning are here in the audience. We don't want commercial, multi-family, mixed use on this site. We want residential. At the last meeting some compared this property to the Kai property to the north. The committee knows the zoning between the two cannot be compared. However, the property's current approved zoning can be compared to the Lambert/La Canada PAD where apartments are now being built. She asked that the Commission not loose sight that the owner/developer of the PAD already has an approved plan that the neighbors want. Bryant Nodine said last month that this residential rezoning is in line with the proposed Oro Valley General Plan and the wishes of its citizenry, because it is lower in density and not mixed use. Whether commercial or residential is built, there will be grading. It should be controlled. The applicant promised to keep the three hills that face First Avenue intact. They have tried to minimize the grading in their plans as much as possible given the amount of fill needed. The presentation of this planned community is aesthetically pleasing to the surrounding area, much more pleasing than the back side of Fry's, Home Depot, Albertson's, and Target, etc. Also more pleasing than apartments and commercial would be on that piece of property. The rezoning issue is not difficult. Just envision a nestled community of single family residential homes behind the hills on First Avenue vs. a cold and boxy commercial and apartment complex with their parking lots of cars and the transience it will bring to our neighborhood. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 7 Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, said the applicant used the word entitlement. They may be entitled to certain uses. But they are not entitled to wreck havoc on the land, which is what they are proposing to do whether they build apartments, commercial or single family homes. He thinks we need to factor in the quality of the land. One of the entitlements of Oro Valley residents is to count on employees and elected and appointed officials to preserve, protect and enhance where possible the natural amenities and visual resources of the Town. The conditions in Rancho Vistoso and the Town Center are not the same, so are not precedent setting. The purpose of the planned area development zoning is to allow customized designing of development standards to result in a superior project. When washes are filled flows are diverted. Cutting into 15% and 25% slopes change the nature of the land rather than building to the land. This is the reverse of what citizens want. His concern is not visibility as much as it is respect for the land. It seems that compliance with reasonable zoning code expectations is a requirement. He does not believe this project conforms to the General Plan. The General Plan requires that the built environment conform to the natural environment. He thinks the grading should be treated as a variance. There should be a study session to meet with the applicants on this. Conny Culver, 10503 N. Fairway Vista Lane, Oro Valley said that on November 4 the Commission continued this hearing. At that time the applicant agreed to all the conditions in Exhibit A. Since then the only conditions met by the applicant have been minor. The applicant continues to ignore four major conditions. They plan to develop the wash and build homes in the floodplain, by doing so the flow will move faster and potential damage to property downstream has not been eliminated. The applicant claimed they were confident they were okay. Pima County isn't. Staff isn't and neither is she. The zoning code should be honored on this issue. This project proposes removal of many slopes. We must respect and preserve the slopes. Cuts and fills up to 19 feet are shameful. Everyone in Town knows this property and that mass grading would a desecration. The applicant is currently committed to build clusters of single family homes within the available limits. She thinks Ms. Fry and her neighbors would be much happier with that situation than a string of homes. Traffic along First Avenue is already problematic so she would instruct the applicant to cooperate with the traffic engineer and deliver an acceptable traffic plan. To all of this, add the blatant attempt to exclude the Commission and the Town Council from further proposed changes on this site, the applicant is clearly attempting to circumvent the zoning code. They call it flexibility. If the TDP changes they must come back to the Commission. There could be significant buffers between these uses if mixed uses were built. The violations of our code and General Plan are unacceptable. She asks the Commission to continue this hearing and instruct the applicant to meet all of our development standards, submit the required reports and conform to the policies of our General Plan, then and only then should this project be sent to the Town Council. When she fought to make Beztek a better project, she learned the judgment of citizens and volunteer boards and commissions is set aside all too often. Don't allow this to be another example of victimizing the citizens of Oro Valley. PUBLIC HEARING closed at 7:20 p.m. There was discussion on how the community has changed since the PAD was approved in 1989, and vested rights of the applicant for the current zoning. The neighbors want single family residential. Exhibit A takes the applicant closer to what is wanted, but the applicant does not want to follow Exhibit A exactly. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 8 Vice Chair Cox asked if this project as presented would present to the Town of Oro Valley and the citizenry, something that will improve the Town and property values of everybody in the Town, or will it deter from the property values? His goal is to move the project forward and do what is best for the Town of Oro Valley. If the project was moved forward with reservations on Exhibit A, the applicant would have a chance to make changes if he so desired and the Town Council would have the final say. MOTION: Commissioner Krenkowitz MOVED to forward OV9-03-03 to the Town Council recommending approval with all of the conditions listed in Attachment 1 to the Staff Report so as to bring the project into compliance with the Oro Valley Zoning Code Revised and into conformity with the General Plan. Commissioner Manross seconded the motion. Motion carried with 6 yes, 0 no vote. BREAK: 7:40 p.m. to 7:50 p.m. 2. PUBLIC HEARING: OV11-03-01, GENERAL PLAN AMENDMENT FOR AN 8.35 ACRE PROPERTY CONSISTING OF PARCEL NUMBERS 224-33-007A, 224-33-008A and 224-33- 011A, LOCATED AT THE NORTHWEST CORNER OF DESERT SKY ROAD AND VALLE DEL ORO ROAD, CHANGING THE LAND USE MAP DESIGNATION FROM A "CP"— COMMERCE PARK LAND USE DESIGNATION TO A "MHDR"—MEDIUM HIGH DENSITY RESIDENTIAL DESIGNATION. Mark Castro, Tierra Right of Way Services, 1875 E. River Street, Suite 201, Tucson is representing DC Investments in this General Plan Amendment. He gave a brief background of the property, the purpose for the plan amendment and a summary. He presented a preliminary concept plan which would provide 53 lots meeting the R6 development standards and goal of the client, which is to maximize the use of the property. There is a 15 foot buffer yard that goes around the property, open space and detention basins. The findings that must be met to support the plan amendment: 1. The amendment constitutes a benefit to the Town. The medium high density use development will have a positive impact on the tax base by attracting more property owners to the site. This will also add to the consumer base. The existing structure will be demolished eliminating an eye-sore that has been there for several years. 2. The amendment is substantially consistent with vision, goals and policies of the General Plan. It is surrounded by residential use and so this development would remain consistent with the surrounding uses. 3. The amendment proposes acceptable means for mitigating any adverse impact on the community. It will not impose any impacts on the community. In conclusion the current use of this property has not attracted any further interest for commercial business given its low visibility and location within a residential neighborhood. Mr. Nodine clarified that we are not approving a concept plan tonight as part of a general plan amendment. The concept plan was just presented by the applicant as an additional item. The applicant has addressed many issues that were in the Staff Report, so Mr. Nodine only addressed the General Plan analysis and the findings. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 9 PUBLIC HEARING opened at 8:00 p.m. William Huneycutt, 189 Silverstone Place, Oro Valley, asked that the plan have single story housing at least on the outer edge. The exit has very little traffic on Desert Sky and Eggleston because it is not a major street. He would prefer that the exit not be lined up Eggleston to keep people from running the stop sign and going through too fast. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, said that he is satisfied that this proposal proves that the four findings of fact in the 1996 General Plan not only are adequate and fair, but obviously can be met. He supports the amendment. Mr. Adler feels the nature of the land is what he was referring to in the call to the audience. The quality of this land is a bit unusual. It is not environmentally sensitive, not riparian, but very nicely vegetated and it seems that the amendment should be to medium density residential rather than high density, in order to have larger lots and show more respect for the land. He would like to avoid mass grading. PUBLIC HEARING closed at 8:04 p.m. MOTION: Commissioner Manross MOVED to forward OV11-03-01, Desert Sky General Plan Map Amendment to the Council recommending approval. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. 3. PUBLIC HEARING — OV9-03-29, THE PLANNING AND ZONING COMMISSION OF THE TOWN OF ORO VALLEY WILL CONSIDER ONE OF THE FOLLOWING ACTIONS CONCERNING THAT PORTION OF THE MONTERRA HILLS PAD, LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD WEST OF MONTERRA VISTA DRIVE (1) ALLOW THE CURRENT ZONING TO EXPIRE PER THE PAD DOCUMENT, (2) EXTEND THE ZONING FOR A PERIOD OF TIME OR (3) REZONE THE PROPERTY, PARCEL 224-018-270 Mr. Nodine stated that Staff has a letter from Larry Schubart, Attorney, who has asked that this item be continued. He would like to research the case to make a determination of his own whether they have met the zoning conditions. Staff agrees with providing them with the time to do that and would recommend continuance of the case to the January meeting, making the date non-specific. PUBLIC HEARING opened at 8:09 p.m. Joseph Watson, 11879 N. Potos Point Drive, Oro Valley, said the area south of Tangerine and west of Monterra Vista is a small area and he doesn't feel it warrants the zoning of Technology Park. There are severe sloping and a beautiful wash there. He would like the area to continue its current zoning and maybe the Town could consider absorbing the area into the Town Park. PUBLIC HEARING closed at 8:10 p.m. MOTION: Commissioner Krenkowitz MOVED that the Planning and Zoning Commission continue consideration of OV9-03-29 to the next meeting in January of the Commission. Vice Chair Cox seconded the motion. Discussion: Commissioner Anning said he would like to see graphics for this project at that meeting. Motion carried with 6 yes, 0 no vote. December 2, 2003 APPROVED Minutes, Planning and Zoning Commission Meeting 10 4. PUBLIC HEARING:- OV9-03-28, STAFF REQUESTS A ZONING OVERLAY MAP AMENDMENT TO REMOVE 39 PARCELS FROM THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. Mr. Nodine said this project had been noticed, and working with Staff, realized that this would not be ready as more research should be done. MOTION: Commissioner Anning MOVED to continue this item to the next meeting in January. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. 5. OV7-03-01, REQUEST TO EXPAND THE INITIATION OF AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 12 (SIGNS) TO INCLUDE CHAPTERS 3 (PROCEDURES) Mr. Nodine said that Staff had been working the amendment to the sign code to address sign packages for developments and realized that Chapter 3 had to be done at the same time. MOTION: Vice Chair Cox MOVED to expand the initiation of amendments to the Oro Valley Zoning Code Revised, Chapter 12, signs to include Chapter 3, Procedures. Commissioner Manross seconded the motion. Motion carried with 6 yes, 0 no vote. 6. PLANNING AND ZONING COMMISSION RULES AND PROCEDURES: DISCUSSION AND ACTION REGARDING FILLING VACANCIES, CONFLICTS OF INTEREST, PLACEMENT OF ITEMS ON THE AGENDA, AND THE ORDER OF BUSINESS Mr. Nodine said that Commissioner Krenkowitz would like to add some changes to what has been provided, so Staff is recommending a continuance. MOTION: Commissioner Bistany MOVED to continue this item. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. PLANNING UPDATE No update at this time. ADJOURN REGULAR SESSION MOTION: Vice Chair Cox MOVED to adjourn the Planning and Zoning Commission meeting. Commissioner Manross seconded. Motion carried with 6 yes, 0 no vote. Meeting adjourned at 8:15 p.m. Respectfully submitted, Diane Chapman, Recor ng Secretary TRANSMISSION VERIFICATION REPORT TIME : 12/09/2003 13:36 NAME : FAX : 5207421022 TEL : DATE,TIME 12/09 13:33 FAX NO. /NAME 6281458 DURATION 00:02:44 PAGE(S) 07 RESULT OK MODE STANDARD ECM TOWN OF ORO VALLEY Phone; (520) 229-4800 Community Development Fax: (520) 742-1022 11000 N. LaGanada Dr. Oro Valley, AZ 85737 To: ,c1-4at Fe-ir -F-AgeK Fax: Z,715 ) Phone: From: -eit414-41*-7 --- _ _ . ! 2 )- q ' 3 Pages Including Cover: Date: Regarding: 017")24A--1.-t- VV e ` AGENDA Riparian Habitat Classification of Parcel No. 224-28-143A and Environs Date: December 10, 2003 10:00 Am in Apache Room I. Review the Background Information II. Determine how to resolve apparent conflicts between the Oct 2003 letter and earlier letters III. Determine the appropriate classification Suggested approach: 1. Determine if the vegetation in the area is supported by shallow ground water or the flows in the CDO. If it is supported, this would indicate a riparian area per the definition of Chapter 2; if not supported then it is not a riparian area. What is the actual affect of the flood control measures? How can this be documented? 2. If the area is supported by groundwater or flows, does the vegetation meet the type and vegetative density criteria to be classified as riparian vegetation per Chapter 2? Background: Ashbeck letter of June 6, 2000 states: 1. that the areas designated as "mesquite bosque" and"degraded mesquite bosque" are typically associated with riparian areas with either intermittent surface flow or shallow ground water levels 2. that they fall within the definition of the mesoriparian classification; and, 3. that they should be considered equal in term of mitigation protection. Harris and Shaw letter of July 18, 2000, which is specific to the degraded mesquite bosque in Big Wash north of Tangerine Road, gives specific reasons why this area should continue to be classified as mesoriparian. On September 13, 2000, the Town Council considered the riparian map and based on discussions specific to the mesquite bosque north of Tangerine Road, all degraded mesquite bosques were classified as intermediate xeroriparian. Ashbeck letter of October 15, 2003, which relates specifically to the subject environs, states: 1. that the area was originally classified as Degraded Mesquite Bosque and subsequently changed to Intermediate Xeroriparian B (IX-B)by the Town; 2. that the area has been developed and the flood control measures adjacent to the property have removed the site from the CDO floodplain system; and, 3. that these conditions no longer support the IX-B designation for the site and environs The subject flood control measures were placed in the early 1980s. The offices in the east of the site were approved in 1991 though only two were built; the rest were built in 1999 and 2000. The subdivision in the southwest portion was approved in August 2000 and the other residential areas were split in the late 1990s. Building in those areas started in late 2000. attch: letters in background information and minutes from TC mtg. F:\OV\OV9\2003\9-03-28\Correspondence\Harris mtg agenda 12-03.doc 4* a- TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION MEETING DATE: January 6, 2004 TO: PLANNING AND ZONING COMMISSION FROM: Susana Montana, Planner II SUBJECT: PUBLIC HEARING: OV9-03-28, TOWN STAFF REQUESTS A ZONING MAP AMENDMENT TO THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO REMOVE 36 PARCELS FROM THE OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. BACKGROUND: The following is a synopsis of relevant actions taken by the Town Council: I. In October 1996, the Town Council adopted an ordinance creating a Riparian Habitat Protection Overlay District which is represented in Article 10-7 of the Oro Valley Zoning Code, Revised (OVZCR). The ordinance was based on a comprehensive inventory of the Town's vegetation and drainageways (McGann et al, 1995). II. In April 2000 the Town Council adopted an ordinance that placed a number of additional properties within the Riparian Habitat Protection Overlay District. The 36 subject parcels (listed in Exhibit A to this report) were included within this group of properties. These parcels were among a resource category labeled as "degraded Mesquite Bosque"habitat. III. In September 2000, by Ordinance No. (0)00-23, the Town Council amended the Riparian Habitat Protection Overlay District zoning map to address the previously undefined terms "Mesquite Bosque" and "Degraded Mesquite Bosque" by supplementing the categories in the Chapter 2 definition of a riparian habitat. The Council made the following specific changes to the Overlay District zoning map: A. The area located at the confluence of Big Wash and Canada Del Oro Wash, immediately east and south of the eastern end of Palisades Road, was redesignated from "Mesquite Bosque" to "Mesoriparian: habitat; and B. Three areas were re-designated from "Degraded Mesquite Bosque" to "Intermediate Xeroriparian" habitats. The areas include: 1) Rancho Vistoso Neighborhood 5, north of Tangerine Road, east of Rancho Vistos Blvd. and east of Big Wash; 2) Rancho Vistoso Neighborhood 4 in the Big Wash south of Tangerine Road, northeast of the Catalina Shadows subdivision, and west of Oracle Road; and 3) A cluster of 36 parcels, which are the subject of this item, located south of the Canada Del Oro (CDO)Wash and west of Oracle Road. SUMMARY: The cluster of 36 parcels (see attached location map) located south of the CDO Wash and west of Oracle Road, which was reclassified from "Degraded Mesquite Bosque" to "Intermediate Xeroriparian Habitat-B" by Ordinance (0)00-23, is being proposed for removal from the Overlay District. Chapter 2 (definition section) of the OVZCR provides the benchmark to base a determination on this issue. TOWN OF ORO VALLEY PLANNING AND ZONING COMMISSION COMMUNICATION Page 2 of 2 RIPARIAN HABITATS: biological communities occurring in association with an spring, cienega, lake, watercourse, stream, creek, wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically. Riparian habitats may be generally characterized or distinguished into three classes...by a difference in plant species composition, or an increase in the size and/or density of vegetation, as compared to upland areas... In sum, availability of a water source, "either surface or sub-surface", and composition/size/density of vegetation are the determining factors. An analysis is summarized below and further detailed in the attached report from Harris Environmental Group, who conducted the revised inventory as part of the 2000 update. I. Availability of Water Source • The properties are entirely enclosed by County flood control levees and concrete drainageways that direct water flow away from the site. • As specified in the attached report by Harris Environmental Group, the groundwater table is not sufficiently high to provide for riparian vegetation. "Depth to groundwater is far in excess of levels necessary to support a xero-riparian community." • Prior to the 2000 riparian map update, 18 of the 36 parcels (50%) within the site were developed (Note: 1998 aerial photos were used for the update). Existing development includes single-family homes, a large apartment building, an office complex with a daycare facility, another large office complex, and part of a golf course. This development has resulted in the diversion of water flow to other areas. II. Composition/Size/Density of Vegetation • Per the Harris report, "the canopy is relatively open and not representative of a xeroriparian or bosque- like community". "Vegetation on the parcel is widely-spaced and no longer representative of a xeroriparian community". RECOMMENDATION: Due to development of numerous parcels within the Site and its environs, lack of a consistent water supply (water flow and level of water table), and condition of onsite vegetation, the habitat on the parcels no longer meet the criteria of Chapter 2. Staff recommends removal of the 36 parcels from the Riparian Habitat Overlay District Map. SUGGESTED MOTIONS: I move to forward OV9-03-28, Riparian Habitat Overlay District zoning map amendment, to the Town Council recommending approval. OR I move to forward OV9-03-28, Riparian Habitat Overlay District zoning map amendment, to the Town Council recommending approval with the following conditions OR I move to forward OV9-03-28, Riparian Habitat Overlay District zoning map amendment, to the Town Council recommending denial. Attachments: 1. Location Map 2. Letter from Harris Environmental Group F:\OV\OV9\2003\9-03-28\ReportsVan PCZ Report.doc OCL— Pla and Zoning Administrator Exhibit A to OV9-03-28, Riparian Habitat Protection Overlay District Zoning Map Amendment The 36 subject properties include the following Parcel Numbers: 224-28-1420 224-28-143A 224-28-1440 224-28-1450 224-28-1460 224-28-1470 224-28-1480 224-28-1490 224-28-1500 220-09-0190 220-09-0180, a portion 224-33-013A 224-33-4670,portion 224-35-0930 224-35-0940 224-35-0950 224-35-0960 224-35-0970 224-35-0980 224-35-0990 224-3 5-1000 224-35-1010 224-3 5-1020 224-35-1030 224-35-1050 224-35-1060 224-35-1070 224-35-1080 224-3 5-1090 224-35-1100 224-35-1110 224-35-1120 224-35-1130 224-3 5-1140 224-35-1150 224-35-1160 F:\OV\OV9\2003\9-03-28\Reports\Exhibit A parcel list.doc 1 C 1 i I i T i_r�__ --mot` ' t } J.-r�- '1'S `t yr yr I 11 I ''f ,. f 36 Parcels to be Removed 'I yrr x ' from Riprarian Overlay District 1 L //: 7/..--n [ .•••• .-••-"- \ r t4, • I11 I 'll� rr'I, -''h i'`�,•.- 5`,,t,___,:.y� `•{' '.''� •'`t. r,- • / :\ II I I ^1,'_..`•' I ' ¢'' yr, `ti `, X. ,, C___z---1 r •'1 ,j4j %, 1,..--'-'-` „....-- ._•--. , 5-�T 7' t H IA�1•STt , I •('' D _ -`gsr _ — I 5'-r �G 1 T� • .-{--}--ITT-•-It _.: _ •4- I'I I _.rJ., . 10 .- _ }• ,'t liI,I_ I_'I T , �, ii _ �,_ -1 �, , `J r 't 1 `_,I'�4 la,•' ^''•i�_5 4N-,. �.I, }JI 1 ir _ _ 51I _ ,� �l =t IF.r'' 1 � '''.�'�55.4;%_f�:--- :-, f, Y'''',5 �r'--JI, FI^�i IV-=}}" ..+r : '''S. 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'y� ` , ' I ,I y ).-- -__r -j - _ ': .-_Ca 4 ,`4• ,H:-,y 111 _ , `'E I 'II -' -J, 1 ', 4 ',I'II __. 1 1' 1 _ �y-�, '' 4'1 I it O J I, — \ j , ' ',� -_ I it _1.1•-_ - .-:r 1,I ,; ~r - 'O01 -i 0V9 - 03 - 28 Location MapIrii) FEB 0 9 2004 BARRIS 4 (ENVIRONMINTAL 1749 E. 10th St •Tucson, Arizona 85719 520 628 7648 • Fax 520 628 1458 27 22 December 2003 /Q� D L) C Bryant Nodine Planning and Zoning Administrator Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 RE: Parcel#22428143A Dear Mr. Nodine, In this letter, Harris Environmental Group, Inc. provides additional evaluation of the habitat classification for Parcel #22428143A, Oro Valley, Arizona. At question is whether the property still qualifies for inclusion as a protected riparian area under the Town's Environmentally Sensitive Lands designation. This letter further clarifies our 15 October 2003 letter which stated that the conditions at that time no longer supported the xero-riparian designation because of extensive development following the initial classification and the presence of flood control structures. The Town of Oro Valley requested that Harris Environmental Group specifically investigate the groundwater characteristics of the site and whether they fall within the parameters of being capable of supporting xero-riparian vegetation. We conducted an additional site visit to assess the vegetation on the parcel, evaluated riparian habitat criteria, and reviewed groundwater data from the City of Tucson. This evaluation strengthens the case for removing the xero-riparian habitat classification from Parcel #22428143A. The triangular-shaped parcel is bordered by Pusch View Lane to the south, the channelized Canada del Oro (CDO) wash on the north, and high-density commercial development on the east. Drainage canals divert run-off from the Catalina Mountains under Oracle Road and into the CDO downstream of the parcel. These flood control measures has operated in concert with surrounding development to remove the parcel from the CDO watershed system and diminish sheet flow. Vegetation at the site is largely comprised of shrubby mesquite (Prosopis velutina), paloverde (Parkinsonia sp.), and acacia(Acacia spp.) (Figure 1). The canopy is relatively open and not representative of a xeroriparian or bosque-like community. Harris Environmental Group, Inc. Figure 1. Vegetation at Parcel#22428143A, Oro Valley, Arizona. The City of Tucson operates a well (#C-113A) located in the same section quarter(SE 1/4 of Section 12, Township 12S, Range 13E) as Parcel#22428143A. Data from the Annual Water Level Report show that the groundwater level at that location in January 2003 was 400.10 feet below land surface. The Sonoran Desert Conservation Plan GIS Coverage of Perennial Streams, Intermittent Streams, and Areas of Shallow Groundwater Report (January 2000) refers to groundwater levels within 50 feet of the land surface as "shallow," and capable of sustaining mesquite bosques. In conclusion, we recommend that this parcel is no longer representative of the xero- riparian designation for the following reasons: ➢ flood control measures in place since the early 1980's have removed the parcel from the CDO floodplain system and changed sheetflow patterns, ➢ extensive commercial development since initial habitat designation has changed sheetflow characteristics, ➢ vegetation on the parcel is widely-spaced and no longer representative of a xero- riparian community, and ➢ depth to groundwater is far,in excess of levels necessary to support a xero-riparian community. The parcel most certainly would have fit the xero-riparian designation in the past, however the cumulative effects of changing drainage patterns and surrounding development have altered the vegetation from its original state. Harris Environmental clroup, Inc. If you require any additional information, please do not hesitate to contact me. Best regards, CAA4.90/q S.rypytA.- Carianne Funicelli Vegetation Ecologist 3 APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION JANUARY 6, 2004 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:02 PM CALL TO ORDER ROLL CALL PRESENT: Chair Bill Moody Vice Chair Don Cox Commissioner Ken Kinared Commissioner Pete Bistany Commissioner Don Manross Commissioner Robert Krenkowitz Commissioner John Anning OTHERS PRESENT: Werner Wolff, Council Member Joe Andrews, Civil Attorney Bryant Nodine, AICP Planning and Zoning Administrator Conny Culver, Development Review Board Bill Adler, Board of Adjustments Lyra Done, Budget and Bond Committee CALL TO THE AUDIENCE 6:05 PM Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, was at the joint study session with Council and watched as the subject of forums was terminated without any substitute format being agreed upon. He thinks that engaging the public in how decisions are arrived at is essential. The public wants to know and needs to understand how you arrive at your decisions and why. He does not think public service means voting the way the public wants you to, but explaining how you arrive at your votes and why is essential. He gave an example of Rooney Ranch, Exhibit A, and passing it on to Town Council without explaining why the conditions in Exhibit A were acceptable to the Commission. People left without understanding how you arrived at your decision and why. People come before the Commission offering suggestions and there is never any reaction. The Commission should react and respond to the public as well as the applicants. It isn't any wonder why many of the residents in Oro Valley general perception is that the scales are tipped, not in the interest of the public will, but in the political will. He thinks the Commission should take a new look at responding to the needs and interests of the public. CALL TO THE AUDIENCE CLOSED AT 6:06 PM MINUTES January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 2 MOTION: Vice Chair Cox MOVED to approve the December 2, 2003, Planning and Zoning Commission Meeting minutes as written. Commissioner Bistany seconded the motion. Motion carried with 7 yes, 0 no vote. 1. PUBLIC HEARING: OV9-03-29, THE PLANNING AND ZONING COMMISSION OF THE TOWN OF ORO VALLEY WILL CONSIDER ONE OF THE FOLLOWING ACTIONS: (1) EXTENDING, REMOVING OR DETERMINING COMPLIANCE WITH THE SCHEDULE FOR DEVELOPMENT; OR (2) CAUSING THE PROPERTY TO REVERT TO ITS FORMER ZONING CLASSIFICATION (R1-144 RESIDENTAL DISTRICT), CONCERNING THAT PORTION OF THE MONTERRA HILLS PAD, LOCATED ON THE SOUTH SIDE OF TANGERINE ROAD WEST OF MONTERRA VISTA DRIVE; PARCEL 224-018-270 Mr. Nodine stated that this is an area that is part of an existing development that was block platted about 1995. Staff's first thought on this was that the zoning conditions had not been met and official action was needed to have the zoning revert to R1-144. There was a plat filed in the County but it was a block plat. Research shows that the County considers that recordation of the block plat to be sufficient to hard zone the property. Staff is recommending no action at this point and will reflect that PAD zoning on the zoning map. No action was taken on this item; the zoning is PAD. 2. PUBLIC HEARING: OV9-03-28, TOWN STAFF REQUESTS A ZONING MAP AMENDMENT TO THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO REMOVE 36 PARCELS FROM THE OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD. Mr. Nodine gave a presentation showing the area in question. He explained how an area gets included in a riparian area. Aerial photographs are used to examine the type and density of vegetation and compare to known riparian areas. By the time Staff receives the aerial photo, they are nearly two years old and factors may have changed in that time period. Field checks are necessary to determine if an area meets the definition of riparian area, such as availability of a water source and composition, size and density of vegetation. Staff hired a consultant, Harris Environmental, to do a field check to make that determination. Harris Environmental's report says this area does not qualify as a riparian area. PUBLIC HEARING OPENED 6:20 PM. NO SPEAKERS Mr. Nodine responded to Commissioner Kinared that he felt there is not any possibility of restoring the area to riparian status. Currently control of the levies is under the jurisdiction of Pima County. When there is any development around any wash with over 3,000 cubic feet per second (cfs), the County gets that land dedicated as a flood control measure. This has been County policy for years. This area is designated as community commercial zoning in the current General Plan. January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 3 Mr. Nodine told Vice Chair Cox that there are a couple of areas that have been developed in the property in question. The aerial photo indicated that it might be a riparian area and it was included in the map because of that, but it was questionable whether or not it was riparian. Staff relied upon information in the previous riparian map that the area was non-riparian when the development was approved. MOTION: Commissioner Krenkowitz MOVED that the Planning and Zoning Commission recommend to the Town Council approval of OV9-03-28, amending the Riparian Habitat Overlay District zoning map to exclude the 36 parcels identified in Exhibit A to the ordinance, for the reason that the habitat on the parcels no longer meets the criteria of Chapter 2 of the Oro Valley Zoning Code Revised. Vice Chair Cox seconded the motion. Motion carried with 7 yes, 0 no vote. 3. PUBLIC HEARING: OV7-03-01, PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED CHAPTER 3, PROCEDURES AND CHAPTER 12, SIGNS. Mr. Nodine presented background on the sign code. In early 2003 the sign code was revised and has been used for about 8 months. Staff has found there are some areas that need to be fixed. The biggest issue is that Staff did not have a mechanism to require multi-tenant developments to come in as a whole package. Staff has been using an interpretation for the last 2-3 months. A mechanism needs to be created whereby Staff came take a development that comes in and make sure it is treated comprehensively in terms of sign packages. Other associated changes attached to the Staff Report were discussed. Chapter 3 is the procedures for development review by the Development Review Board (DRB). Everything was geared toward review of architecture and had no guideline for review of signs. Staff wants to make it more general to include signs. Chapter 12 needed to be cleaned up to say that if the development meets code and sign criteria or sign program then it can be administratively approved. DRB will review sign packages, deviations from code, and take the permitting of individual properties that meet the criteria and make sure they can be approved administratively as long as they are in compliance. Section 12-202 has some major changes saying that rather than just being a comprehensive sign program, which is where someone requests to deviate from the code, there is also the requirement for any multi-tenant development. This section also addresses Sign Criteria, Master Sign Program (previously called the Comprehensive Sign Program), and Review Criteria. Mr. Nodine told Commissioner Manross regarding Sec. 12-202A, 112, that it is easier to follow an existing sign program because you don't have to go through the process of getting a new one approved. To get a new one approved it has to go to DRB and there are criteria DRB looks at in terms of compatibility with the existing sign program. This gives incentive for someone to follow what is already there, but also gives the January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 4 opportunity to develop an additional sign type as necessary by going through public review and amending the existing one Mr. Nodine replied to Commissioner Bistany regarding Sec. 12-201 B, that the designee for the Planning and Zoning Administrator is the person who reviews the signs for zoning enforcement. The word "authorize" could be removed. Colors, special events and exempted sign changes were also discussed. Mr. Nodine responded to Commissioner Manross' questions as follows: • 12-302A, LED lights are usually seen on banks, etc. and cannot be animated, but can be changeable. • 12-302B, there is no variance regarding this prohibited lighting. Commissioner Krenkowitz was concerned about the criteria standards in Sec. 3-302, such as words like "cognizance" and "indigenous built environment", etc. He doesn't understand how this can be applied to buildings. He also felt that the word "solely" in Sec. 2-201B should be removed. Mr. Nodine said that Staff is not trying to wholesale change the sign code, but simply move it one more step toward allowing the DRB to evaluate signs. This item was only noticed to deal with the sign issues. This could be brought back to the Commission at a later date. Mr. Nodine responded to Commissioner Bistany that garage sale signs are illegal and are either tagged or picked up. PUBLIC HEARING OPENED AT 6:53 PM Conny Culver, 10503 N. Fairway Vista Lane, Oro Valley, limited her comments to Article 3-3 Development Review. She has concerns on Section C. It seems that these are determinations that are made by a citizen's advisory board, and such as benefit to the Town whether or not it is controversial or consistent. These are things that should be determined by a citizen's advisory board and not Staff. That is one of the reasons we have the DRB. In 3-302,B and C, the words "development" are struck out and the word "design" was inserted. This section is about development review, it is not about design review. F- "architectural" is struck out and "character" inserted. One of the primary purposes of the DRB is to review architecture. Character is factored in, but architecture is a key word. It seems inappropriate to strike that. She is hopeful that these things are oversights and not intentional revisions to bypass a citizen's board. She asked that the Commission review them very carefully, taking more time if needed, but if you are going to revise this document, she thinks it is important that we get it right. Bill Adler, 10720 N. Eagle Eye Place, Oro Valley, asked if his written comments had been distributed. In summary he opposes diminishing citizen oversight in favor of increasing administrative oversight. He does not agree with the recent administrative actions regarding signs, and in his written comments he specified Farmer's Market, ATA January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 5 Black Belt Academy, and Safeway. Those were signs that were administratively supported. Had they been reviewed by citizens they probably would not have been. In fact, the Safeway sign was not approved. He feels deferring to administration review and authorization is not in the interests of why we have an appointed review board. He opposes LED. He understands that the A. G. Edward sign is LED and he thinks LED may be acceptable when the set back is 50 yards or more from the thoroughfare, but when it is 2-3 yards from the thoroughfare it is in violation of the General Plan language that the Commission approved, having to do with the least intrusive possible signage. An LED 2-3 yards from the thoroughfare is definitely intrusive and is much more signage than is appropriate and necessary. Regarding Master Sign programs, I indicated that adjustments to standards should be limited. We should not allow carte blanch adjustments to standards and he suggests that the adjustments be limited to location and number, and not to color, illumination, size, height or material, because then we loose the compatibility, consistence and comparability that elsewhere the code says is important. In the design guidelines it says these things would be compatible with signs in the area, so if we allow adjustments to standards across the board, we loose what we say is one of the important criteria that is to be judged. I think LED is the wrong of illumination for signs that are very close, within 5-10 feet of the right of way. Finally, regarding special event signs, we are apparently okay with allowing commercial advertising in the public right of way. He is against that. The sign code doesn't allow it. He suggests adding two words to the special event sign code, non- profit, so there is no misunderstanding over the words, civic, public, religious, philanthropic. To him those words suggest non-commercial, non-profit, but the Farmer's Market sign put up in the public right of way on First Avenue is clearly a commercial enterprise. Add non-profit, non-commercial words to the description of special event signs so there is no confusion David Sarando, 5810 S. Hopdown Lane, Pima County, works for Trader Joes and is here on their behalf. We have just been annexed by Oro Valley on Magee and Oracle and he wants to say that the old codes may not work as you annex older developed areas of the County around you. It is very important that you get input from the people or business that you annexed before you finish this kind of a process. This will help them find out what Oro Valley wants from the business annex as you grow as well as help Oro Valley understand what the business needs are as you grow into other parts of Pima County. We would like to ask the Commission to hold off in changing the signage criteria until there can be some sort of commission with citizens, business owners and members of Staff to go over theses things and find out what works well for the businesses, what the citizens of our new town wants from us and well as what Oro Valley wants from us. We don't think making a lot of changes like these before you have the opportunity to hear what is wanted from each of these parties is a good thing to do quickly. Take the time and talk to the business that are in your town, let the citizens let us know what they want and what Oro Valley wants before you make changes to the code. PUBLIC HEARING CLOSED AT 7:00 P.M. Mr. Nodine told Commissioner Krenkowitz that the minor common sense changes are only with respect to architecture and landscape and do not include signage. Special January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 6 event signs 12-6-G, are all on private property and are not allowed in the public right of way. What Mr. Adler referred to was Sec. 12-701C and he suggested that it include the description non-profit and non-commercial. Sec. 12-701 was not included in this item because we did not see it as an issue. We were looking at special events only from the point of view of business special events. Mr. Nodine replied to Chair Moody regarding Mrs. Culver's comments in the public hearing relating to the wording, that Staff was not trying to take away architectural, but to broaden it to include signs. He would be glad to work with Mrs. Culver to make sure it is clear what Staff is trying to do. It is development, architecture, and signage, everything that we want to include in the criteria. Mr. Nodine also said that Staff cannot approve any deviations from the sign code. The only way that a deviation from the sign code can be approved is either through the Board of Adjustment in a variance or through a Master Sign program through DRB and the Council. Mr. Nodine responded the Commissioner Kinared regarding LED's that they are allowed in the current code, as long as they are not animated. In the development review process, the size, placement, etc., would be considered. It must meet the criteria in Chapter 3 and 16. Mr. Nodine stated that regarding the concern of diminishing citizen input, these changes to the code do not address that. Previous changes approved by the Town Council did state that individual signs, per code, that used to go to a DRB subcommittee for approval, now go through administrative approval. Mr. Nodine told Commissioner Kinared that regarding Mr. Sarando's comments on annexed properties, that the existing signage becomes legal non-conforming use, if it is legal in the County. Staff is also looking for ways to work with the annexed area businesses using the Master Sign program approach, recognizing that it is a different area of Town, to come up with criteria specifically related to that area and developments. If Staff was looking at major changes to the code, then there should be participation with the citizens. Mr. Nodine told Vice Chair Cox that the plan will be to bring the criteria in Sec. 3.3 before the Planning and Zoning Commission and the DRB. MOTION: Vice Chair Cox MOVED to forward the attached amendments to Article 3- 3, Development Review, and Chapter 12, Signs, to the Town Council recommending approval. Commissioner Kinared seconded the motion. Motion carried with 7 yes, 0 no vote. Commission Anning was excused from the meeting. 4. ANNOUNCEMENT AND REVIEW OF THE 2004 CITIZEN PLANNING INSTITUTE CONTINUING EDUCATION SERIES January 6, 2004 APPROVED MINUTES Planning and Zoning Commission 7 The Citizen Planning Institute Continuing Education series start on February 12, 2004 and are open for anyone to attend. The classes cover Transportation Planning, Crime Prevention through Environmental Design, Finance, Water Resources and School Planning. The classes have been moved to the Council Chambers because of the number of applications. Announcement only. No action. PLANNING UPDATE ADJOURN MOTION: Commissioner Manross MOVED to adjourn the Planning and Zoning Commission meeting. Vice Chair Cox seconded the motion. Motion carried with 6 yes, 0 no vote. Meeting adjourned at 7:25 p.m. Respectfully submitted, 42,:advot...• CA Diane Chapman, Recordi Secretary TOWN OF ORO VALLEY 5 OWN COUNCIL COMMUNICATION MEETING DATE: February 18, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Susana Montana, Planner II SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 04-,OV9-03-28, TOWN STAFF REQUESTS A ZONING MAP AMENDMENT TO THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO REMOVE 36 PARCELS FROM THE OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD BACKGROUND: The following is a synopsis of relevant actions taken by the Town Council: I. In October 1996, the Town Council adopted an ordinance creating a Riparian Habitat Protection Overlay District which is represented in Article 10-7 of the Oro Valley Zoning Code, Revised (OVZCR). The ordinance was based on a comprehensive inventory of the Town's vegetation and drainageways (McGann et al, 1995). II. In April 2000 the Town Council adopted an ordinance that placed a number of additional properties within the Riparian Habitat Protection Overlay District. The 36 subject parcels (listed in Exhibit A to the attached Ordinance) were included within this group of properties. These parcels were among a resource category labeled as "Degraded Mesquite Bosque"habitat. III. In September 2000, by Ordinance No. (0)00-23, the Town Council amended the Riparian Habitat Protection Overlay District zoning map to address the previously undefined terms "Mesquite Bosque" and "Degraded Mesquite Bosque" by supplementing the categories in the Chapter 2 definition of a riparian habitat. The Council made the following specific changes to the Overlay District zoning map: A. The area located at the confluence of Big Wash and Canada Del Oro Wash, immediately east and south of the eastern end of Palisades Road, was redesignated from "Mesquite Bosque" to "Mesoriparian Habitat"; and B. Three areas were re-designated from "Degraded Mesquite Bosque" to "Intermediate Xeroriparian" habitats. The areas include: 1) Rancho Vistoso Neighborhood 5, north of Tangerine Road, east of Rancho Vistos Blvd. and east of Big Wash; 2) Rancho Vistoso Neighborhood 4 in the Big Wash south of Tangerine Road, northeast of the Catalina Shadows subdivision, and west of Oracle Road; and 3) A cluster of 36 parcels, which are the subject of this item, located south of the Canada Del Oro (CDO) Wash and west of Oracle Road. SUMMARY: The cluster of 36 parcels (see attached location map) located south of the CDO Wash and west of Oracle Road, hich was first classified as "Degraded Mesquite Bosque" in 2000 and then reclassified to "Intermediate Xeroriparian Habitat-B", is being proposed for removal from the Overlay District. The need for reclassification of this area is due to the following: i TOWN OF ORO VALLEY OWN COUNCIL COMMUNICATION OV9-03-28 Page 2 o Classification is by interpretation of aerial photos and it is not always possible to tell the density and type of vegetation from the photos. o Field checks of the interpretation are done on a spot basis only. o The aerials used for the interpretation, though the most current at the time, were over one year old. o After the aerial photo was taken and prior to the riparian map update, 18 of the 36 parcels (50%) within the site were developed or approved for development. Thus the riparian maps may occasionally need to be verified and corrected. Chapter 2 (definition section) of the OVZCR provides the benchmark to base a determination on this issue: RIPARIAN HABITATS: Biological communities occurring in association with an spring, cienega, lake, watercourse, stream, creek, wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically. Riparian habitats may be generally characterized or distinguished into three classes...by a difference in plant species composition, or an increase in the size and/or density of vegetation, as compared to upland areas..." (The section goes on to define the species composition and the vegetative densities for each riparian class.) In sum, availability of a water source, "either surface or sub-surface", and composition/size/density of vegetation are the determining factors. An analysis is summarized below and further detailed in the attached tter report from Harris Environmental Group, who conducted the revised inventory as part of the 2000 update. I. Availability of Water Source • The properties are entirely enclosed by County flood control levees and concrete drainageways that direct water flow away from the site. • As specified in the attached report by Harris Environmental Group, the groundwater table is not sufficiently high to provide for riparian vegetation. "Depth to groundwater is far in excess of levels necessary to support a xero-riparian community." • Development has resulted in the diversion of water flow to other areas. II. Composition/Size/Density of Vegetation • Per the Harris report, "the canopy is relatively open and not representative of a xeroriparian or bosque- like community". "Vegetation on the parcel is widely-spaced and no longer representative of a xeroriparian community". PLANNING COMMISSION ACTION: On January 6, 2004, the Planning and Zoning Commission voted unanimously(7—0) to recommend approval of the zoning map amendment to Town Council. RECOMMENDATION: is recommended that the Town Council remove the 36 subject properties from the Riparian Habitat Protection Iverlay District. The subject parcels no longer qualify for their current designation due to development of numerous parcels within the site and its environs, lack of a consistent water supply (water flow and level of water table), and condition of onsite vegetation, the habitat on the parcels. TOWN OF ORO VALLEY OWN COUNCIL COMMUNICATION OV9-03-28 Page 3 SUGGESTED MOTIONS: I move to approve Ordinance No. (0) 04-07, OV9-03-28, Riparian Habitat Overlay District zoning map amendment. OR I move to deny Ordinance No. (0) 0497, OV9-03-28, Riparian Habitat Overlay District zoning map amendment. Attachments: 1. Ordinance (0) 04- 07 2. Location Map 3. Letter Report from Harris Environmental Group 0=41 Pla Zonin Administrator Communit Develo ment Services Director Town Manag F:\OV\OV9\2003\9-03-28\Reports\TC Report.doc ORDINANCE NO. (0)04- 07 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ZONING MAP DEPICTING THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY REMOVING 36 PARCELS, LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, in October 1996, the Town of Oro Valley adopted Ordinance No. (0) 96-31 creating a Riparian Habitat Protection Overlay District, Article 10-7 of the Oro Valley Zoning Code Revised (OVZCR); and WHEREAS, in April 2000, the Town Council adopted Ordinance No. (0) 00-12 which placed a number of additional properties within the Riparian Habitat Protection Overlay District, including the 36 parcels which were designated a resource category of"Degraded Mesquite Bosque"Habitat; and WHEREAS, Chapter 2 of the OVZCR does not define the Riparian Habitat category of "Degraded Mesquite Bosque". In September 2000, the Town Council amended the Riparian Habitat Protection Overlay District zoning map to change the "Degraded Mesquite Bosque" designated properties to the "Intermediate Xeroriparian-B" Habitat category of Riparian Habitat defined in Chapter 2 of OVZCR; and WHEREAS, the 36 parcels, attached hereto as Exhibit A, were included in the September 2000 re- designation action (Ordinance No. (0) 00-23) and are currently designated as "Intermediate Xeroriparian-B"Habitat; and WHEREAS, since September 2000, the hydrologic conditions of the area encompassing the 36 parcels have substantially changed due to the cumulative effects of: 1) development of nearby properties; 2) loss of a consistent water supply (diverted water flow and lower level of water table); and 3) deterioration of onsite vegetation due to lack of water, such that the parcels no longer qualify as a Riparian Habitat (see Case Report of OV9-03-28). NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Oro Valley: SECTION 1. The Council hereby adopts the zoning map removing the 36 parcels listed in Exhibit A, attached hereto by reference, from the Riparian Habitat Protection Overlay District. SECTION 2. The effective date of the zoning map amendment shall be thirty days after the adoption of this Ordinance by the Town Council. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 18 th day of February 2004. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Mark Langlitz, Town Attorney Exhibit A to Ordinance No.(0)04-030V9-03-28) Riparian Habitat Protection Overlay District Zoning Map Amendment The 36 subject properties include the following Parcel Numbers: 224-28-1420 224-28-143A 224-28-1440 224-28-1450 224-28-1460 224-28-1470 224-28-1480 224-28-1490 224-28-1500 220-09-0190 220-09-0180, a portion 224-33-013A 224-33-4670,portion 224-35-0930 224-35-0940 224-35-0950 224-35-0960 224-35-0970 224-35-0980 224-35-0990 224-3 5-1000 ?4-35-1010 ?4-35-1020 224-35-1030 224-35-1050 224-35-1060 224-35-1070 224-35-1080 224-35-1090 224-35-1100 224-35-1110 224-35-1120 224-35-1130 224-35-1140 224-35-1150 224-3 5-1160 ........L. ,i I. r I , -, . % \'•,. .• I \ \ , .. .....) ,, ..., ... , [ 36 Parcels to be Removed ,1I ___ 1 ) ..--- \ k •„... ..... ...- „ , ...- .„. il ) --; / from Riprarian Overlay District ,I ......,-- 1-7- / • .•••'. ,... , •,,-, , , , ..----- '',..-•,'"- \ ,/X'\„,/::•(‘.%XI', C N.. / .. • I 1 ', /../---.)1/\„A \..)...( \ V-•''' _../ . , ., ,../.. .-• / \ I . ...• . ....• / . 1 ri r"---1....::....L_.-.-A--.%:, }.4, .:,,,,•-•- ., ../ , .. ,.\ L 6/ 7 •.-'' kS.' _..._ ._.".. 1-11,..._.. .....-,--... 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"4'. , .. i . ------" '' / - .. .....-- i. ,.......?' er / •-•„‘. 2,-cs")-______:1----•::,-.. 2,----....-:•./ / \ • ..4 ., „ r ? __....- \ -/-i / e • r 3.,_•-k- -,.. \ \,.... ,/ / / I II /...... '%.., \ 'I, ._,___1__ ..."•-•-._ __•,..--r-Vi-A \ lk....,Li ____,... i • , . . ••/ 1 i / ,,' ' •. ..% ... i .,..-• "_ ..2:3)'—',..-•-7:.--C.-\\'..\ .:.'e-4''','r I q I f ) I ', , ..-••• .•-•-•-• •,,'. // .---- , _______, • , \e ev , / N,„ ...- 1 r . . 1 -r- - ," ii, /./ ''%.,/ i 2,— __, ",--- .., I r .....„- ----C--- 1\ 1 — gliEi .wala oti,„....-------7,7----V . . / . ,• ...,..,:(. \ ,„1.. W GREENO .D c.---t---;"' ----111 ------i---N., \ / / -511-tsj,V/S-1 ' ..._......_ ., _ •,, OV9 - 03 - 28 Location Map ,___....__..._ _ ....____ ____ ................._ Current General Plan Conformance Checklist LAND USE ELEMENT Goal 1.1 Preserve Oro Valley's natural Sonoran Desert environment and scenic resources which are an important part of the community's quality of life. Policy View protection shall be an essential aspect of Oro Valley's community design review 1.1E and project approval. Goal 1.2 Promote a compatible mix of land uses throughout the Oro Valley Planning Area. Policy Locate higher density land uses and transportation-dependent uses near major 1.2F transportation corridors. Policy Strip commercial developments are discouraged and clustering of commercial 1.2H developments at specific nodes or villages that are planned with strict aesthetic and design guidelines are encouraged. Freestanding pads are discouraged, except when expressly permitted in relation to overall gross leasable area and center design. Goal 1.4 Through proper land use planning,the Town shall ensure that new development does not financially burden existing residents. Policy The long-term fiscal impacts to the Town and its taxpayers relating to proposed new 1.4A developments shall be evaluated as a criterion in deciding the approval or denial of land use rezoning proposals. CIRCULATION/TRANSPORTATION ELEMENT Goal 2.1 To ensure the safe, convenient and efficient vehicular and non-motorized traffic circulation to serve both within and through the community. Policy Build sidewalks, sufficient outside lane width, and provide other specific provisions for 2.1 D safe and convenient use of arterials and collectors by bicyclists and pedestrians. Policy Bike, vehicle and pedestrian conflicts are to be minimized through appropriate design 2.1E standards. ECONOMIC DEVELOPMENT ELEMENT Goal 3.1 To ensure long-term financial and economic sustainability for the Town of Oro Valley. Policy Maintain and enhance Oro Valley's residential/resort/recreation character. 3.1 F Policy Prepare economic development impact analysis for significant development proposals. 3.1 H Current General Plan Conformance Checklist Policy Specialty commercial development, similar to St. Phillips Plaza in Tucson, is encouraged 3.1 M in appropriate locations. PARKS, OPEN SPACE, AND RECREATION ELEMENT Goal 6.1 To develop a comprehensive and connected parks, open space, and trails system. Policy Plan for the connection of open space, natural areas, parks,trails, bike paths, and 6.1A recreation areas to minimize conflicts with the environment. Policy Encourage private dedications of land as permanent natural areas or open space. 6.1 B Policy All developments should link their recreation facilities and natural areas to the 6.1 D community open space network where appropriate. Policy Trails shall ultimately connect to public preserves and the regional trail network per the 6.1E Eastern Pima County Trails System Master Plan, where possible. Policy 6.11 Protect existing and establish new trail access points to major washes and regional preserves. Goal 6.2 To protect the environmentally sensitive open space areas within the Planning Area. Policy Open space preservation shall be used as a criterion in deciding the approval or denial 6.2B of land use rezoning proposals. NATURAL RESOURCE CONSERVATION ELEMENT-CONTINUED Goal 8.1 To protect the Planning Area's natural attributes,which have been designated as a key community value. Policy Indigenous (native desert)vegetation and riparian habitats should be maintained and 8.1G enhanced where possible. COMMUNITY DESIGN ELEMENT Goal 9.1 To ensure that the built environment is aesthetically pleasing and compatible with the natural surroundings. Policy All development proposals should show design strategies used to minimize changes to 9.1E existing topography and the disturbance of existing vegetation. Policy All sides of buildings may impact their surroundings and should be coherently designed 9.1 F and treated. Policy In order to maximize integration of the built environment with the natural environment, 9.1G and minimize distractions of the built environment, all new development proposals should incorporate means of reducing the apparent size and bulk of buildings. Policy 9.11 All new development proposals should consider existing landscaping within 400 feet of the project site to provide and maintain landscape continuity within the community. CULTURAL AND HISTORIC RESOURCES ELEMENT Goal 10.2 To preserve the unique cultural and historic resources within the Planning Area. Policy Require cultural resource surveys for all new developments where evidence of 10.2A cultural/archaeological resources is found. 2 Current General Plan Conformance Checklist Policy Ensure protection of cultural resources discovered during construction. 10.2B 3 t r FEB 0 9 206, -p Pam. t 1749 E. 10th St •Tucson, Arizona 85719 520 628 7648 • Fax 520 628 1458 22 December 2003 Bryant Nodine Planning and Zoning Administrator Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 RE: Parcel #22428143A Dear Mr. Nodine, In this letter, Harris Environmental Group, Inc. provides additional evaluation of the habitat classification for Parcel #22428143A, Oro Valley, Arizona. At question is whether the property still qualifies for inclusion as a protected riparian area under the Town's Environmentally Sensitive Lands designation. This letter further clarifies our 15 October 2003 letter which stated that the conditions at that time no longer supported the xero-riparian designation because of extensive development following the initial classification and the presence of flood control structures. The Town of Oro Valley requested that Harris Environmental Group specifically investigate the groundwater characteristics of the site and whether they fall within the parameters of being capable of supporting xero-riparian vegetation. We conducted an additional site visit to assess the vegetation on the parcel, evaluated riparian habitat criteria, and reviewed groundwater data from the City of Tucson. This evaluation strengthens the case for removing the xero-riparian habitat classification from Parcel 422428143A. The triangular-shaped parcel is bordered by Pusch View Lane to the south, the channelized Canada del Oro (CDO) wash on the north, and high-density commercial development on the east. Drainage canals divert run-off from the Catalina Mountains under Oracle Road and into the CDO downstream of the parcel. These flood control measures has operated in concert with surrounding development to remove the parcel from the CDO watershed system and diminish sheet flow. Vegetation at the site is largely comprised of shrubby mesquite (Prosopis velutina), paloverde (Parkinsonia sp.), and acacia (Acacia spp.) (Figure 1). The canopy is relatively open and not representative of a xeroriparian or bosque-like community. • Harris Environmental Group, Inc. >. itrritUs • Figure 1. Vegetation at Parcel #22428143A, Oro Valley, Arizona. The City of Tucson operates a well (#C-113A) located in the same section quarter (SE 'A of Section 12, Township 12S, Range 13E) as Parcel #22428143A. Data from the Annual Water Level Report show that the groundwater level at that location in January 2003 was 400.10 feet below land surface. The Sonoran Desert Conservation Plan GIS Coverage of Perennial Streams, Intermittent Streams, and Areas of Shallow Groundwater Report (January 2000) refers to groundwater levels within 50 feet of the land surface as "shallow," and capable of sustaining mesquite bosques. In conclusion, we recommend that this parcel is no longer representative of the xero- riparian designation for the following reasons: > flood control measures in place since the early 1980's have removed the parcel from the CDO floodplain system and changed sheetflow patterns, > extensive commercial development since initial habitat designation has changed sheetflow characteristics, > vegetation on the parcel is widely-spaced and no longer representative of a xero- riparian community, and ➢ depth to groundwater is far,in excess of levels necessary to support a xero-riparian community. • The parcel most certainly would have fit the xero-riparian designation in the past, however the cumulative effects of changing drainage patterns and surrounding development have altered the vegetation from its original state. + s Harris Environmental Group, Inc. If you require any additional information, please do not hesitate to contact me. Best regards, CAA,rdyP1/4t SF/1,v,-c,Q.Lc. Carianne Funicelli Vegetation Ecologist 3 02/18/04 Minutes,Council Regular Session 8 In response to a question from Mayor Loomis, Mr. Langlitz suggested that restrictions to the additional revenue not be addressed at tonight's meeting since such action was not noticed and posted for the Council's consideration. Further discussion followed regarding the additional revenue funds,possible restrictions to place funds into maintenance of the Town's streets and roads, and setting a Study Session to further discuss the issue. MOTION CARRIED,4— 0. Mayor Loomis further directed staff to place a Resolution on the next Regular Council Meeting Agenda that would consider dedicating the additional 2% of the construction tax at 75% for roads maintenance and 25% for general municipal purposes (using the recommendations from the Budget and Bond Committee.) Mayor Loomis recessed the meeting at 8:20 p.m. The meeting resumed at 8:26 p.m. 5. PUBLIC HEARING — ORDINANCE NO. (0)04-07 AMENDING THE ZONING MAP DEPICTING THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY REMOVING 36 PARCELS, LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER Community Development Director Brent Sinclair reviewed the Council Communication and reported that Town staff is requesting a zoning map amendment to the Riparian Habitat Protection Overlay District (originally adopted in October 1996) to remove 36 parcels from the Overlay District in an area located south of the Canada Del Oro Wash and west of Oracle Road. He explained that there have been two amendments to the original Riparian Overlay District. One amendment placed a number of adon ionai properties within the Riparian Overlay District (April 2000) and the other addressed previously undefined terms "Mesquite Bosque" and "Degraded Mesquite Bosque (September 2000.) Mr. Sinclair explained that the reclassification request for the 36 parcels is due to the fact that the three major criteria for evaluating properties for placement into categories within the Riparian Habitat Protection Overlay District are no longer valid. He reviewed an aerial photo of the area and explained that most properties are already developed or are spoken for development in the area, and the availability of water and vegetation fall short of the levels necessary for the previous classified xero-riparian designation. 02/18/04 Minutes,Council Regular Session 9 Further discussion followed regarding: ■ If area is reclassified and taken out of the Riparian Habitat Protection Overlay District, the area could be developed as a C-2 district. There are less restrictions in the Native Plant Salvage Plan than in the Riparian Overlay District. ■ There is more significant ground covering in the northern most section of the area but it is protected by levee so there is no water flow. However, would it be worth protecting this area by designating it as a lesser riparian area? ■ Codes and Ordinances in C-2 District protect significant areas of vegetation and also offer the Native Plant Salvage Plan. Even if the property is taken out of the Riparian Habitat Protection Overlay District, it does not mean it could not be salvaged or left intact. ▪ Vegetation inventory is required of any development. • Harris Study— Assessment for entire area stated that the area did not meet riparian criteria. Mayor Loomis opened the public hearing. Sharon Brown, 960 W. Silver Spring Place, expressed concerns regarding the staff report stating that if concerns existed about classification being interpreted by aerial photos, then the area should be physically looked at or a better photo should be taken. Secondly, if field checks are done on a spot basis only, then again someone should go take a better look at it. She also stated that the aerials are over one year old and after aerials were taken and before the riparian map update, 18 of the 36 parcels were developed or approved for development. She stated that the cumulative effects of changing drainage patterns and of the surrounding development alter vegetation from its original state. She questioned whether we really have a good picture of what this area looks like and do we really want to take away riparian areas in the Town. Mayor Loomis closed the public hearing. Council Meaver Johnson asked to segregate the northern most parcel from.consideration at this time. MOTION: Council Member Johnson MOVED to APPROVE Ordinance (0)04-07, OV9-03-28,Riparian Habitat Overlay District Zoning Map Amendment with the exception of the Conquistador LLC parcel and continue consideration of this parcel to the March 17, 2004 Council meeting with a site tour planned for this area and possibly include a site tour of the Steam Pump Ranch area. Council Member Abbott SECONDED the motion. MOTION CARRIED, 4 — 0. • • TOWN OF ORO VALLEY 5 OWN COUNCIL COMMUNICATION MEETING DATE: March 17, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Susana Montana, Planner II 11 SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 04- ,OV9-03-28, TOWN STAFF REQUESTS A ZONING MAP AMENDMENT TO THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO REMOVE 36 PARCELS FROM THE OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD • BACKGROUND: The following is a synopsis of relevant actions taken by the Town Council: I. The subject parcel, 224-28-143A, was annexed into the Town in 1994 as one of the southernmost properties included within a larger 1994 Town annexation. In 1995 by OV9-95-7, the Council "translated" the zoning from Pima County CB-1 (Community Business) District to the Town's C-2 (Commercial) District. On June 19, 2002, by Resolution No. (R)02-52, the Council entered into a Development Agreement with the property owner to establish commitments for Pusch View Lane improvements, participation in the Oracle Road Improvement District, dedication of a CDO Wash trail head and associated parking, and relinquishment of residential uses (from a prior County rezoning action). II. In October 1996, the Town Council adopted an ordinance creating a Riparian Habitat Protection Overlay District which is represented in Article 10-7 of the Oro Valley Zoning Code, Revised (OVZCR). The ordinance was based on a comprehensive inventory of the Town's vegetation and drainageways (McGann et al, 1995). III. In April 2000 the Town Council adopted an ordinance that placed a number of additional properties within the Riparian Habitat Protection Overlay District. The 36 subject parcels (listed in Exhibit A to the attached Ordinance) were included within this group of properties. These parcels were among a resource category labeled as "Degraded Mesquite Bosque"habitat. IV. In September 2000, by Ordinance No. (0)00-23, the Town Council amended the Riparian Habitat Protection Overlay District zoning map to address the previously undefined terms "Mesquite Bosque" and "Degraded Mesquite Bosque" by supplementing the categories in the Chapter 2 definition of a riparian habitat. The Council made the following specific changes to the Overlay District zoning map: A. The area located at the confluence of Big Wash and Canada Del Oro Wash, immediately east and south of the eastern end of Palisades Road, was redesignated from "Mesquite Bosque" to "Mesoriparian Habitat"; and B. Three areas were re-designated from "Degraded Mesquite Bosque" to "Intermediate Xeroriparian" habitats. The areas include: 1) Rancho Vistoso Neighborhood 5, north of Tangerine Road, east of Rancho Vistos Blvd. and east of Big Wash; 2) Rancho Vistoso Neighborhood 4 in the Big Wash south of Tangerine Road, northeast of the Catalina Shadows subdivision, and west of Oracle Road; and 3) A cluster of 36 parcels, which are the subject of this item, located south of the Canada Del Oro (CDO) Wash and west of Oracle Road. TOWN OF ORO VALLEY )WN COUNCIL COMMUNICATION OV9-03-28 Page 2 V. On February 18, 2004, by Ordinance No. (0) 04-07, the Town Council amended the Riparian Habitat Overlay District zoning map to remove 35 of the 36 parcels proposed by staff for removal from the District. The Council continued the consideration of the last parcel, Parcel No. 224-28-143A, to the March 17, 2004 hearing date to allow a more detailed assessment of the site and for Council members to participate in a site tour. On March 4, 2004, the Town Council site tour was conducted and Mayor Loomis and Council Members Abbott and Rochman were joined on the tour by Town staff and the Town's consulting biologist for this Project. Town had asked the biologist from Harris Environmental Group to review the densest vegetation on the site to determine if it qualifies as riparian habitat. The Town's Planning staff also asked Harris Environmental to review the site for the presence of "significant vegetation", which may be protected during the development plan review process under the OVZCR Chapter 14 Native Plant Preservation, Salvage and Mitigation Plan(NPPSMP)provisions. SUMMARY: This report will focus on the remaining parcel, Number 224-28-143A, which was included within the cluster of 36 parcels that staff requested to be removed from the District. The parcel is a 19.5 acre vacant property located south of the CDO Wash and west of Oracle Road. It is included within the group of 36 that were first classified as "Degraded Mesquite Bosque" in 2000 and then reclassified to "Intermediate Xeroriparian Habitat-B". Research on the condition of the 36 parcels, and in particular the status of parcel 224-28-143A lead staff to )nclude that the need for reclassification is due to the following: o The original classification was by interpretation of aerial photos and it is not always possible to tell the density and type of vegetation from the photos. o Field checks of the interpretation are done on a spot basis only. o The aerials used for the interpretation of these parcels, though the most current at the time, were over one year old. Riparian maps may occasionally need to be verified and corrected. Chapter 2 (definition section) of the OVZCR provides the benchmark to base a determination on this issue: RIPARIAN HABITATS: Biological communities occurring in association with an spring, cienega, lake, watercourse, stream, creek, wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically. Riparian habitats may be generally characterized or distinguished into three classes...by a difference in plant species composition, or an increase in the size and/or density of vegetation, as compared to upland areas..." (The section goes on to define the species composition and the vegetative densities for each riparian class.) In sum, availability of a water source, "either surface or sub-surface", and composition/size/density of vegetation are the determining factors. An analysis is summarized below and will be further detailed in the attached report from the Harris Environmental Group. Availability of Water Source • The properties are entirely enclosed by County flood control levees and concrete drainageways that direct water flow away from the site. • As specified in the attached report by Harris Environmental Group, the groundwater table is not sufficiently high to provide for riparian vegetation. TOWN OF ORO VALLEY )WN COUNCIL COMMUNICATION OV9-03-28 Page 3 • Development has resulted in the diversion of water flow to other areas. II. Composition/Size/Density of Vegetation • Per the Harris report, while some areas of vegetation meet the composition and density characteristics of a xeroriparian community, these areas do not occur in a homogeneous or consistent fashion across the parcel. Thus Parcel No. 224-28-143A is not representative of a xeroriparian community. PLANNING COMMISSION ACTION: On January 6, 2004, the Planning and Zoning Commission voted unanimously(7-0)to recommend approval of the zoning map amendment for the 36 parcels to Town Council. RECOMMENDATION: It is recommended that the Town Council remove parcel 224-28-143A from the Riparian Habitat Protection Overlay District. The subject parcel does not qualify for Riparian Habitat designation due to lack of a consistent water supply(water flow and level of water table) and condition of the onsite vegetation. SUGGESTED MOTIONS: p AoP- move to approve- Ordinance No. (0) 04- 11 OV9-03-28, Riparian Habitat Overlay District zoning map amendment. OR I move to deny Ordinance No. (0) 04- 11, OV9-03-28, Riparian Habitat Overlay District zoning map amendment. Attachments: 1. Ordinance (0) 04- 11 2. Location Map 3. March 8, 2004 Report from Harris Environmental Group a-4 aL F:\OV\OV9\2003\9-03-28\Reports\March TC Report.doc Plann n Zoning Administrator Al Co ity Develo nt Director Town Manager ORDINANCE NO. (0)04-11 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE ZONING MAP DEPICTING THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY REMOVING PARCEL NUMBER 224-28-143A, LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE ALREADY BEGUN THEREUNDER. WHEREAS, in October 1996, the Town of Oro Valley adopted Ordinance No. (0) 96-31 creating a Riparian Habitat Protection Overlay District, Article 10-7 of the Oro Valley Zoning Code Revised (OVZCR); and WHEREAS, in April 2000, the Town Council adopted Ordinance No. (0) 00-12 which placed a number of additional properties within the Riparian Habitat Protection Overlay District, including the 36 parcels which were designated a resource category of"Degraded Mesquite Bosque"Habitat; and WHEREAS, Chapter 2 of the OVZCR does not define the Riparian Habitat category of "Degraded Mesquite Bosque". In September 2000, the Town Council amended the Riparian Habitat Protection Overlay District zoning map to change the "Degraded Mesquite Bosque" designated properties to the "Intermediate Xeroriparian-B" Habitat category of Riparian Habitat defined in Chapter 2 of OVZCR; and WHEREAS, the subject parcel was included in the September 2000 re-designation action (Ordinance No. (0) 00-23) and is currently designated as "Intermediate Xeroriparian-B"Habitat; and WHEREAS, since September 2000, the hydrologic conditions of the area encompassing the subject parcel, as well as 35 adjacent parcels, have substantially changed due to the cumulative effects of: 1) development of nearby properties; 2) loss of a consistent water supply (diverted water flow and lower level of water table); and 3) deterioration of onsite vegetation due to lack of water, such that the parcels no longer qualify as a Riparian Habitat (see Case Report of OV9-03-28); and WHEREAS, on February 18, 2004 the Town Council adopted Ordinance No. (0)04-07, which removed the adjacent 35 parcels from the District and voted to continue the consideration of the subject parcel's removal until after further study, including a site visit, by Council members; and WHEREAS, members of the Town Council visited the property on March 4, 2004 and reviewed additional information presented by staff regarding the status of vegetation on the property relative to the Riparian Habitat criteria set forth in Chapter 2 of the Oro Valley Zoning Code Revised. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Oro Valley: SECTION 1. The Council hereby adopts the zoning map removing parcel number 224-28-143A from the Riparian Habitat Protection Overlay District. SECTION 2. The effective date of the zoning map amendment shall be thirty days after the adoption of this Ordinance by the Town Council. '(0)04-11 P.2 SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION 4. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances, Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are hereby repealed. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona this 17th day of March 2004. Paul H. Loomis, Mayor ATTEST: Kat yn Cuvelier, Town Clerk APPROVED AS TO FORM: Mark a glit , w A orney PUBLISH: DAILY TERRITORIAL MARCH 29, 30, 31, AND APRIL 1, 2004 POSTED: MARCH 23 - APRIL 22, 2004 RG • ..._.. .._ '—_ ___- t � .e. .-+.y, r" �';•- r—I,`'r. 'r'�' ,i .- +41 4 4,S'#'•r1'-�' slyaf '— s,11 ',, "fit} • F-�"'," y r„r.• ,III 11P . r F ..7F�' Tt° -��!'s ,/) R 114 ..10' 4. 4 . ' -'.It at, ilk, •'. 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Vegetation Assessment Parcel #22428143A Oro Valley, Arizona 400,4040., Prepared for: Town of Oro Valley 11000 North La Canada Drive OroValley, Arizona 85737 Prepared by: Harris Environmental Group, Inc. 58 East 5th Street Tucson, Arizona 85705 Project 8 March 2004 MAR 0 9 2004 03-295 Harris Environmental Group, Inc. INTRODUCTION This report provides additional evaluation of the vegetation within Parcel #22428143A, Oro Valley, Arizona. Previous correspondence (Attachments A and B) have confirmed that the property does not currently qualify for inclusion as a protected riparian area (xeroriparian) under the Town's Environmentally Sensitive Lands designation because of the following: ➢ flood control measures in place since the early 1980's have removed the parcel from the CDO floodplain system, ➢ nearby commercial development has altered sheetflow characteristics, ➢ vegetation on the parcel is widely-spaced and not representative of a xeroriparian community, and ➢ depth to groundwater (400.1 meters) is far in excess of levels necessary to support a xeroriparian community (Pima County 2000). The Town requested that we characterize vegetation volume data and evaluate significant vegetation elements. This information can be used to guide decisions regarding which portions of vegetation are significant. PROJECT AREA The triangular-shaped 19.5-acre parcel is bordered by Pusch View Lane to the south, the channelized Canada del Oro (CDO) wash on the north, and high- density commercial development on the east (Figure 1). Additionally, there is an apartment complex across Pusch View Lane. Disturbances within the parcel include off-road vehicle use, pedestrians, and unauthorized dumping of trash. Drainage canals divert run-off from the Catalina Mountains under Oracle Road and into the CDO wash downstream of the parcel. These flood control measures have operated in concert with surrounding development to remove the parcel from the CDO watershed system and diminish sheet flow. Vegetation at the site is largely comprised of mesquite (Prosopis velutina), blue paloverde (Parkinsonia florida), and acacia (Acacia greggii). The canopy is relatively open and not representative of a xeroriparian or bosque-like community, however, the parcel is still used extensively by wildlife, particularly birds. Town of Oro Valley 1 Vegetation Assessment of Parcel#22428143A HEG Project 03-295 L. .: t 4. . Illel,PA ,. F. ■f •.•*' ..� wry y�ry . �' ' Y ,.:4311., Sliiii. 1... All' iliP j i l'' • .1.\ jp,ivoy :.- _,.. ,_• _ • .0_-,0014, .•, , 440, , Ii0i .., .:1.1 *de id,i.4 �' �, . "" 4 ` �'..►4' 71,.•,.,N._-, , ,. !40;- - dt . ,m. .m.4i 4. .,„'i,t.. 41;!A:A':iri4 r �*� � 4 rLI +. r •, i s , ;,...,.„.:* : A/4,p.a',r, -.. a . :0014, . ir, 0 •i* 4..,• 4P aria irriVrir ''' 'F;11, '''1111-C1'ir; ir. - ,i 7 AP"... _ . .0 1 A, •*AO -- r 'iv '.5tk 4 4.4): t - • ' - -111 .)-, 'L'ibet-44, 1 •_••• . .s , . .. 146,;1. NI.,.,-.A,.. _,...„, g. . *.,,,•I,t j�A'• wl. ' fir, ,../ ii, ✓f 4 :,.eg...ie. ' Asii '$'*'ry# 4 ri,4 7r i "11 I. i.. ::' r, fs RW ss `,r ,_ * e4r,[}t' b "r 'r i : ,, II e ,e e•4 :-_:— " i I-� J0 4 y ■ _ j, a Jam r�, . . : ii.; 're:W-14:11: ' I 1-6 i':;; . 1‘..4 P 7 v . la 1,4r, :_ ., ,_ mii4 #I - -. ; _ � M ` a 4,,Wppr ?Li' .. ... ' ii.. . '". .a._ .\..'' -- 7 iki,_ . . . ..; ,,, . , . , , ... .• - -- - :4;1 1 _ . - .1. 4 111 111• ' _ 4 t,...,, . . .,. 1,4 4 ir,I. ell iii I v. . . I 4� -I -„,, .:.., sil 44: .. ,''..-- ' ' -"' - ' - . * iniii 1 ' 7 ' -0 - 1 ,P ' -..f.,,, ",-. '' . , 00, 0" . * Ur...: -- ' - ' • • . .Ihit.. I- PI Al ' Township 12 South Town of Oro Valley h + �; Parcel#22428143A Range 13 East r" ,� Section 12 A Transact Locations ,,. , Vegetation Assessment w T E Pima County,Arizona �IARRISk.; -., -1 1 1 Parcel Boundary HEG Project#03-295 UTM Zone 12 E111�,'IR01�11�1 ?N'1�1�I, s NAD 27 1� Figure 1. Location of Parcel #22428143A, Oro Valley, Arizona and locations of vegetation volume transects (3 March 2004). Harris Environmental Group, Inc. - DEFINITION OF XERORIPARIAN HABITATS Town of Oro Valley Zoning Code (Chapter 2) defines xeroriparian habitats as being supported by intermittent or ephemeral stream flows. For the purposes of this classification system, xeroriparian habitats are further divided into the following subcategories, based upon vegetation characteristics: HIGH XERORIPARIAN "A" HABITATS: generally associated with well- developed watercourses. The trees present are generally 16 - 20 feet tall or taller. The vegetative volume per unit area within this habitat type is approximately 0.850 m3/m2 with much of the volume present within the dense overstory. The diversity of species is relatively greater than that associated with Intermediate Xeroriparian B and Low Xeroriparian C Habitat types. Mesquite, desert willow (Chilopsis linearis), blue paloverde, and desert hackberry (Celtis pallida) are representative tree species within High Xeroriparian A Habitat areas. INTERMEDIATE XERORIPARIAN "B" HABITATS: typically occur along well developed watercourses. The principal distinction between Xeroriparian A and Xeroriparian B Habitats is that of plant size (height, trunk size, and total vegetative volume). Trees in this habitat type generally range from 6 - 15 feet tall. The understory is often more extensive than Xeroriparian A Habitats because of a more open overstory canopy. Within Intermediate Xeroriparian B Habitats, the vegetative volume per unit area is typically 0.675 m3/m2. Mesquite, ironwood (Olneya tesota), blue paloverde, catclaw acacia, desert broom (Baccharis sarothroides), and desert hackberry are representative of this habitat type. LOW XERORIPARIAN "C" HABITATS: typically occur along minor watercourses and along the peripheral edges of major watercourses. The typical vegetative volume per unit area in this habitat type is between 0.500 and 0.675 m3/m2. Whitethorn acacia (Acacia constricta), catclaw acacia, creosote (Larrea tridentata), bunchgrasses, and bursage (Ambrosia spp.) are typically found within Low Xeroriparian C Habitats. DETERMINATION OF XERORIPARIAN HABITAT The vegetation within Parcel #22428143A does not meet the definition of a xeroriparian habitat, and is therefore not subject to the requirements of Town of Oro Valley Zoning Code Section 10-701 (Riparian Habitat Overlay District). The vegetation is not supported by intermittent or ephemeral stream flows. Flood control measures in place since the early 1980's have removed the parcel from Town of Oro Valley 3 Vegetation Assessment of Parcel#22428143A HEG Project 03-295 Harris Environmental Group, Inc. istr the CDO floodplain system. In addition, nearby commercial development has altered sheetflow characteristics. These factors have resulted in vegetation on the parcel being widely-spaced and not representative of a xeroriparian community. Review of The City of Tucson Annual Water Level Report shows that the groundwater level within 0.25 mile of Parcel #22428143A in January 2003 was 400.10 feet below land surface. The Pima County Sonoran Desert Conservation Plan GIS Coverage of Perennial Streams, Intermittent Streams, and Areas of Shallow Groundwater Report (January 2000) refers to groundwater levels within 50 feet of the land surface as "shallow," and capable of sustaining mesquite bosques. Although the vegetation within Parcel #22428143A does not meet the functional definition of a xeroriparian habitat, some portions of the parcel contain vegetation that exhibits characteristics similar to true xeroriparian habitats. These characteristics include vegetation volume and species composition. VEGETATION VOLUME Vegetation volume is one of the parameters used to classify xeroriparian vegetation. The Town requested that we measure vegetation volume of densely vegetated portions of the parcel. We used the pole method as described by Mills et al. (1991) to measure vegetation volume. This method is a variation of the vertical-line intercept technique (MacArthur and Horn 1969). We selected three areas that were representative of the vegetation within the parcel for vegetation volume transects (Figure 1). Transect #1 was located at the northeast corner of the parcel within a relatively dense patch of mature blue paloverde trees (Figure 2). Transect #2 was located at the south-central portion of the parcel within an area of less dense, shrubby mesquite (Figure 3). Transect #3 was located in the western corner of the parcel within a relatively dense patch of mature mixed mesquite and blue paloverde trees (Figure 4). Transects began at trees included in the Site Resource Inventory and ran 25 meters due north. A 7.5-meter forestry pole was held vertically at 1 meter intervals along the transect (Figure 5). Each vertical meter up the pole was divided into ten 1 decimeter (dm) sections. Within each dm section of the pole, vegetation within a 1 dm radius of the pole was recorded, resulting in a series of sample cylinders. Town of Oro Valley 4 Vegetation Assessment of Parcel #22428143A HEG Project 03-295 Harris Environmental Group, Inc. ,, N'.7','''1,1 ,, , ' . '4. "I',,,, „.' ' +,:i'S''''.1;11' ''''' .' ' '••-•:' -.'" ' . . ''.- 1.', , -` . , . !, - -‘1 k1.1 ;,4, - . i; •.' ,)-S. ;,'• ''''''''''1''i• ' :4 it # ''144' - ..,-.-- .• ' . .iff ' , ' * - -4; - ' - . •• . .... -fl. . • . .5.., •',assett, •, • 4),.., -,-- *,.• ---.. •.,,, 4 ei ; fi? . 446'-; "A ..."--..... -..„e•4,. - 4 ',.'. " , • - . • -- ,'•b,,'kg,''''• ,, ' ... .., ',...' 55. Figure 2. Transect #1, located in the northeast corner of Parcel #22428143A, Oro Valley, Arizona, 3 March 2004. Transect begins at tree #59 and extends 25 meters due north. , ik.„4,w.z,..-%,..A-, ,,'...,;-11,,rii 4-•.,;.. _:-., '.5_ ilk , %ita .... A .. r4 oisp„ -,„:inlittair Er^•'' 1 ',. illgarik A,..,c.,. ..,.,. .w,ie...,igirtii,•r'if .. 176-:.4 —"ink ..'.kt..;\inktrwai Oh) •te;',W 1/v *11 Mtlei ' allit7Ni ‘ ollivq, ‘-`•Ar4r4i.-i-`61,740--r nr-4/41.!iit,...'s I'd. -,„10.drai vA ,-40Z.v>.4,-.1!4:z2W11.kki. Aft,,A.I., 44$ '1itV0,1441^1.118411,-.41,, .:rvilltif to ib• -..74:.4^":2NIt-'411111iiir z...'IA.R.% qdriVk'it 4,1". 11.4 ,, I. •!as a tis-4 ••,......, 4 -.1.• .../rAtt -4,APP; .41‘14‘..VOIN.:47,("4.Vil VO itaio 01 t,ON V 17,40 i Atii ta,,,,jilt • ,' , , '..:...1',.. la,V,:;, *21:ISA i_ig 104,,,,01 olipt14,0'-, ,.:r- 4,•'!.f+-40,'•.1.1.+?` rir.t....'sit',""..keAlf..A ifit;‘A*P3 4104 fiit. qv L i ...,*.e,,l's'&14. 4.7,,, e •:* .. N`'*Oa*t . „v I'M\"i'• , ' --° ..- 'Alpe':• ,‘. - ,., ,i0 , - . - --- :- \,:, "--,.: - .1,--:-,, --- t -; -5 ' 1 0.- _,„, ''-"c •' '\\ ''''',, A .'' ', . •• '', s \', i . -- - ,-77.4 -,,,..7 ‘`.,p...,•• .., , ' , -,/6'.-..---,,, ' ' f . -------- ...._ • -...„- __ — .., , . .• ,-,-. ' -N' ••* t if,=-* - ''' ---.'"-- , ; '-' .4.. 1 ' ' P 4C ,.-4,-- :- -..--f. ' -._-,,,, ...,-:,, ..,-1 ''''''''-''-'•"4...-.134:40* -'-,••-,, . I • !4. -^•3/ IA - VI,'k-:'-,?••.`i&t- 0 ' 4."'"^•' *e _ **:- '..... , 4,---2:At .-/N ., s , R".414, -•.;-/- • cli, 01C,,,ON, .}1 ••• , 4 4' ,,%.-1.- ' ",''. ,310 ' '• 'ife-",—'V'',4,.. ,‘ \ \ " ,' 3-„, $/ ! 'Or- +' - ‘1/ I.%..."‘. , . ; -44. , -.4., ‘ f /.:,,: , ‘ - --_,: ' -j:- ' I.( . .s :.....k....1 I,,44"' 1 '-.,';' ...'' ki,.. 4 i•;, ' ' , - „ .0 . :,:foi,....,,:,„ _ -,-, k. ,,,,,.,_11:- ,i'• 'Z' 1,1V,,,.... .,.1 :*,.. - 1 , ./ ,-..,_ ',- ‘, „,,•:, • ,, • -„, 4 ,„ Figure 3. Transect #2, located in the south-central portion of Parcel #22428143A, Oro Valley, Arizona, 3 March 2004. Transect begins at tree #224 and extends 25 meters due north. Town of Oro Valley 5 Vegetation Assessment of Parcel#22428143A HEG Project 03-295 Harris Environmental Group, Inc. - wR N 'Ilii ' ' ".: Ilk •. ptf : w . , ... t ,s 41 loll " ,,. 414• 14 , •Y 7- • .4100411pif , • H./df,1 µ 4� ' FJ Figure 4. Transect #3, located in the western corner of Parcel #22428143A, Oro Valley, Arizona, 3 March 2004. Transect begins at tree#326 and extends 25 meters due north. , ;k ._ yr,• \ t �' 44h t . �y / .nt, „!,4Yw..ay�::.,'A04! ,1: ,�'7 V..,- • ,s� ..e$* a 4it i Figure 5. Vegetation volume measurement using the pole method, Parcel #22428143A, Oro Valley, Arizona, 3 March 2004. Town of Oro Valley 6 Vegetation Assessment of Parcel #22428143A HEG Project 03-295 Harris Environmental Group, Inc. , Each dm-cylinder that contained vegetation was recorded as a "hit." The total number of possible hits in each vertical meter layer is 10. Data forms are presented in Attachment C. This technique overestimates actual vegetation volume because each dm cylinder containing any vegetation, regardless of amount, is recorded as full. The following formula was used to obtain vegetation volume values for each transect: VV=H/(10n) Where: VV= total vegetation volume for all species H= total hits for all species n=number of points within the transect Table 1. Vegetation volume within Parcel #22428143A, 3 March 2004. Transect Vegetative Volume (m3/m2) 1 1.492 2 0.604 3 1.536 Although vegetation volume values recorded within Parcel #22428143A rival those found in xeroriparian habitats, it is important to consider that these values did not occur in a homogeneous or consistent fashion across the entire parcel. SIGNIFICANT VEGETATION The Town of Oro Valley Zoning Code (Chapter 14, Section 3) defines Significant Vegetation (SV) as specific plant communities, unique plant occurrences and/or unique individual specimens that demonstrate areas of special value to the Sonoran Desert ecosystem. Specific criteria used to identify SV include: o plant species that are native to the area o plant species composition that is typical for the area o plants that are generally healthy and will survive for 5 or more years o plant density is normal for site conditions o mature specimens of individual trees and/or columnar cactus species are present o noxious/invasive species are few and not visually prominent Town of Oro Valley 7 Vegetation Assessment of Parcel #22428143A HEG Project 03-295 Harris Environmental Group, Inc. o grading or clearing has not substantially altered the landscape in the area o constructed non-native landscapes do not qualify as SV o specific groups of plant communities that are known to be habitat for protected species Based upon our site visits and the Site Resource Inventory (TMHS Associates, 19 February 2004), several of these criteria apply to portions of Parcel #22428143A. Chapter 14 states that preservation of significant vegetation should emphasize maintenance or creation of connections between natural areas and SV. CONCLUSION Although Parcel #22428143A in Oro Valley, Arizona does not fit the xeroriparian designation, it does contain areas of significant vegetation. The areas of densest mature native vegetation (mesquite and blue paloverde trees) occur in the northwestern and western portions of the parcel. We recommend that preservation of SV on this parcel focus on these areas and maintain contiguous linkage to the CDO wash. Town of Oro Valley 8 Vegetation Assessment of Parcel#22428143A HEG Project 03-295 Harris Environmental Group, Inc. 44 LITERATURE CITED MacArthur, R. H. and H. S. Horn. 1969. Foliage profile by vertical measurements. Ecology 50:802-804. Mills, G. S., J. B. Dunning, and J.M. Bates. 1991. The relationship between breeding bird density and vegetation volume. Wilson Bulletin 103(3) 468 - 479. Pima County. 2000. Sonoran Desert Conservation Plan; GIS Coverage of Perennial Streams, Intermittent Streams, and Areas of Shallow Groundwater Report. Town of Oro Valley 9 Vegetation Assessment of Parcel#22428143A HEG Project 03-295 Harris Environmental group, Inc. ATTACHMENT A 15 October 2003 letter from Jennifer Ashbeck, Biological Planner, Harris Environmental Group Town of Oro Valley 10 Vegetation Assessment of Parcel #22428143A HEG Project 03-295 Harris Environmental Inc. ATTACHMENT C Vegetation Volume Data Forms (3 March 2004) Town of Oro Valley 12 Vegetation Assessment of Parcel #22428143A HEG Project 03-295 --,s,. 47', -r-,„_i--veae.4- Vegetation Volume Data Sheet Ay akri DATE: 3 *trot& 2004 PERSONNEL: CC/PT PROJECT: 'Tov ek(La- i: as'faf5 1L#3A TRANSECT NUMBER: 1 NOTES: bQ inspcttositidJ # Se/ And Ayf ends 05m cLie Noel&.ed VERTICAL TRANSECT(# Hits per meter) Horizontal 0 -1 1 -2 2 - 3 3-4 4-5 5 -6 6 - 7 TOTAL transect (m) 0 1 FJL. q PV 10 P✓ (, pv Z!Q 1 2 F aPv to P/ 21 2 I F 1 3 ZF 2 4 1 F 1 5 1CIL 1 6 1F 1 7 1F 1 8 lF 1 9 2 Fir_ 2 Per 10 5F]PY qtV 1o(v 241 11 2. Fjeti /OPY !o PV 'oPY 1 IN 33 12 1 F IPv 10 eV 1ev 19 13 3 r/L 3 eV S PV s-I PV l 18 14 1 F/1Y I eV lO P v ( Psi 39 15 1 L 2 eV LIN spy SPY 1"7 16 2 F g pY !o ev toPY_ 3PN 33 17 5 1791 10 pv /o eV L jeV 2 I 18 7 F N IN 10 Pr' if PY 35 19 5 rIN . spy 1t7 20 I F 1 21 1P. 1 22 1F 2-P1f 3 23 iiF/M COMA $ P1 it 24 5 Ff1 1 Pv/M (4, Pv SPA 23 1 25 r 1 Psi tO Ps1 LI ry 1 cp Al= t,wcrde_ M = meStv i k_ �! � F - -(oab , Lt.- ter Harris Environmental Group '0°;:.. ."%- <1...,ert,__:---W,!.-t!,t 1'-"P'it,\;iit 4:--;-W..%*74. Vegetation Volume Data Sheet �� , J wca.zrt DATE: 3 Ala a0014 PERSONNEL: (Fgt. T PROJECT: Toyrc .24;ya-13I'43A TRANSECT NUMBER: a NOTES: b&es 0 k. #c9 4, .2.,.0 ,d,s OLQ 2_ a. VERTICAL TRANSECT(# Hits per meter) Horizontal 0 -1 1 -2 2-3 3 -4 4- 5 5-6 6- 7 TOTAL transect (m) , 0 ,5 FjM' 3 M 4-1 M 1a- 1 (91/4 F 'I N1 Z M IS 2 iF I 3 5 F(M 1 M (0 4 ► ip oM to M . t-7 5 $ F(N1 5M 3M 1(0 6 5 M 10M lc tl Z1 7 t F 2- im 3 8 1 G' 1 9 1 C. I 10 1 F t 11 2- CIM4M 1M I2. 12 1 F M ro M 4-1 M IS 13 2. F/h '-(M Co 14 I R I 15 % F 1 16 1F' f 17 1 F I 18 iF 1 19 1 c 1 20 I F i 21 iF 1 22 1F I 23 IF I 24 (c FjM Co M 1 2- 25 a cIM LI M (40 F= 4 M= most); ( I 1_ = L;-1Kr Harris Environmental Group :,,,,e, --11:::71-74%•=- Vegetation Volume Data Sheet 1 , ; DATE: 3 March .200`4 PERSONNEL: CF /PT PROJECT: Tov fetrc.ti ia)ya$1LI3,1 TRANSECT NUMBER: 3 NOTES: bebins Cakills/ # 32(', .e)(4Gr dS aS M no2♦L. VERTICAL TRANSECT (# Hits per meter) Horizontal 0 -1 1 -2 2- 3 3 -4 4-5 5 -6 6 - 7 TOTAL transect (m) o 5 1-1/1. 5 m 3fri L! M I S 1 2. LM NM 1 ! 2M (0A1 iS 2 IF 5 Pv ioN NPv 2.fv ZZ 3 3 L.lM H Pv `APv SPY bey 23 4 3 L. 1 Pv 10PV 419V 3 ev Lfev 30 5 3 F 3Pv el Pv 7P ' p -1 Ps/ 2 c1 6 -_7 R, 1 PV '1 PY 5 Pv /o P� /o ev LP' 7 J O V 5 Pv '1 Pv 5pv ioPv 5 PV 'ILI 8 .Z P v ,CJ 5 P4 tav 5 91 36, 22- 9 1 F or 2Pv tjPv 3Pv 10 1 o y F Z pv 1oPY WV if ev 22 11 2C 2Pv 10Pv '1eV 1 $ 12 (o Pv 5 P v t{N 1 S 13 ? FP/ S Pv ' IN 2 pv .0"7 14 10FIL1 &PV 1Pv aS 15 2- rhk 5 Pv 7Pv 114 16 1 F 2. 17 1 (r 1 18 I F I 19 tF 1 20 1 c' l 21 I L- I 22 IF 1 23 I F. 1 24 1 F 1 25 t r t PvLfx4,6).)i-cdk Harris Environmental Group TOWN OF ORO VALLEY SUPPLEMENTAL INFORMATION ITEM 5 'OWN COUNCIL COMMUNICATION MEETING DATE: March 17, 2004 TO: HONORABLE MAYOR AND COUNCIL FROM: Bryant Nodine, AICP, Planning and Zoning Administrator SUBJECT: PUBLIC HEARING: ORDINANCE NO. (0) 04- ,OV9-03-28, TOWN STAFF REQUESTS A ZONING MAP AMENDMENT TO THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO REMOVE 36 PARCELS FROM THE OVERLAY DISTRICT IN AN AREA LOCATED SOUTH OF THE CANADA DEL ORO WASH AND WEST OF ORACLE ROAD: ADDENDUM ADDITIONAL INFORMATION: After preparation of the staff report, I received a letter from Frank Bangs, of Lewis and Roca, who represent the property owners of the subject parcel. That letter is attached for your consideration. Attachments: 1. Letter from Frank Bangs dated March 10, 2004 /: -- e _ :\OV\OV9\2003\9-03-28\Reports\March TC Report2.doccili / )6_s-L Plane rid Zoning Administrator Community Development Director ael. g&I Town Manager LEW'S Phoenix Office Tucson Office Las Vegas Office 40 North Central Avenue One South Church Avenue 3993 Howard Hughes Parkway AND Phoenix,Arizona 85004-4429 Suite 700 Suite 600 R I J\ Telephone(602)262-5311 Tucson,Arizona 85701-1611 Telephone(520)622 2090 Las Vegas,Nevada 89109 Facsimile (602)262-5747 Telephone(702)949-8200 LLP Facsimile (520)622-3088 Facsimile (702)949-8398 LAWYERS Frank S.Bangs,Jr. Direct Dial:(520)622-2090 Direct Fax:(520)879-4701 E-Mail:FBangs@lrlaw.com Admitted in Arizona Our File Number 40746-00001 VIA E-MAIL and FIRST CLASS MAIL MAR 1 , 2004 March 10, 2004 Mr. Bryant Nodine Planning &Zoning Administrator Town of Ore Valley. 11,000 North La Canada Drive Oro Valley, Arizona 85737 Re: OV9-03-28, Zoning Map Amendment to the Riparian Habitat Protection Overlay District; removal of Parcel 224-28-143A Dear Bryant: We represent Conquistador Properties, LLC ("Conquistador"), which owns approximately 17.3 acres of vacant land located in the Town of Oro Valley (the "Town") and identified by the Pima County Assessor as Parcel 224-28-143A (the "Property"). The Property is zoned C-2, which permits a wide range of retail, commercial and office uses. The Property is bounded to the east by a retail "power center" anchored by a Target store, office uses to the southeast, multi-family and single-family residential to the south, and the bank-protected Canada del Oro Wash (the "CDO") to the northwest. In September 2000, the Town placed almost all of the Property, together with 35 other parcels located north and south of Pusch View Lane between the CDO and Oracle Road, in the Town's Riparian Habitat Protection Overlay District, Oro Valley Zoning Code Revised, Art. 10-7 (the "RHPOD"). Under the RHPOD, Conquistador is required to either leave that portion of the �7r:\r�at't�. subject to the ��T�i1T-S designation Yam.= 7 Property RH OD . undeveloped, or submit a costly study of its riparian habitat, together with a mitigation plan showing how developing the area within the RHPOD can minimize the impact on riparian habitat. You must approve the study and mitigation plan, based on 10 subjective criteria. On February 18, 2004, the Town Council considered your recommendation that the 36 properties in the vicinity of Pusch View Lane be removed from the RHPOD, noting that most of the parcels were already developed and none could now be considered"riparian habitat" under the definition of that term found in OVZCR § 2-101. While removing the other 35 parcels from the RHPOD, the Town Council continued action on the Property, citing a need for further study. Since the Council's action, Conquistador understands that your staff and the Town's consultant have confirmed your previous judgment that the Property does not meet the criteria for inclusion in the RHPOD. The Council is scheduled to consider this matter on March 17. 154688.1 LEWIS Mr. Bryant No 111; AND March 10, 2004 Page 2 ROCA -LLP- LAWYERS Conquistador has asked that we place on the record its firm belief that failure to remove the Property from the RHPOD is factually and legally unjustified and will do significant economic damage to Conquistador's interest in the Property. 1. There Is No Basis For the Inclusion of the Property in the RHPOD. a. The 2000 inclusion of the Property in the RHPOD was a mistake. A fair reading of the Council communications dated April 19, 2000 and September 13, 2000 and related documentation strongly supports a conclusion that the Property did not meet the criteria for RHPOD when designated in 2000. All of the four criteria cited by the Town's consultant, Harris Environmental Group, in its letter of December 22, 2003 —the existence of flood control measures, extensive commercial development affecting drainage patterns, the density of vegetation, and the depth to groundwater—are essentially the same today as they were in 2000. b. The Property clearly does not meet the criteria for inclusion today. Because the Town Council is apparently unconvinced by its own consultant's conclusions, Conquistador commissioned Darling Environmental & Surveying, Ltd. ("Darling") to assess the presence of "riparian habitat" on the Property. Darling is familiar with the Property, having conducted pygmy owl surveys on it since 2000. They concur with Harris Environmental Group that "... the vegetation on this parcel is not riparian—it is upland desert vegetation." Darling goes on to examine each of the possible subsets of riparian habitat under which the Property might conceivably qualify and concludes that it does not meet the criteria for any of them. A copy of Darling's report is attached for your information. 2. Failure to Remove the Property from the RHPOD Violates the Spirit of the 2002 Development Agreement with Conquistador. Motivated by the need to resolve questions about the original Town zoning conditions on the Property and a desire to respond affirmatively to the Town's request that Conquistador participate in the Oracle Road Improvement District and dedicate additional right-of-way for the extension of Pusch View Lane across the CDO, Conquistador entered into a development agreement with the Town in June 2002. Conquistador has performed all of its obligations under that agreement, including the dedication of 103,830 square feet of land for the Pusch View Lane extension and 11,378 square feet for a linear park and related facilities adjacent to the CDO. That the Town would hesitate to remove the Property from the RHPOD designation ignores Conquistador's past cooperation and the spirit, if not the letter, of the development agreement. When the development agreement was negotiated, Conquistador was unaware of the Town's 2000 inclusion of the Property in the RHPOD. Conquistador's ignorance is understandable, since apparently no mail notice of the zoning change was provided to the affected property owners. Given the "no encroachment" effect of the RHPOD, OVZCR § 10- 704(A), and the fact that the RHPOD designation affects over 75% of the Property, the failure to provide mail notice arguably violates A.R.S. § 9-462.04(A)(4)(d). 154688.1 LEWIS Mr. Bryant Nouiiie AND March 10, 2004 Page 3 ROCA -LLP- LAWYERS * * * * * For these reasons, Conquistador expects that the Town Council will act on March 17, 2004 to remove its Property from the RHPOD. Please call me if you have any questions. Sin ely ,, d1A ran' '. : . r. FSB/sdl Attachment cc: Mr. Chuck Sweet, Town Manager Mark Langlitz, Esq., Town Attorney Mr. Glenn Luchies Mr. Kit Donley (all w/attachment via e-mail) 154688.1 DARLING A\ ENVIRONMENTAL A SURVEYING, LTD. KOLA EXECUTIVE OFFICE PARK 1 650 NORTH KoLe ROAD, Surrc 1 36 • TucsoN, AZ 8571 5 PH 452(7l 298-2725 • FAX(520) 298-2767 February 25, 2004 Kit Donley Tel:(520)742-4303 Donley&Company Fax:(520)797-2541 1980 East Palisades Road Tucson, AZ 85737 RE: Vegetative characteristics—EL Mercado Del Rio Located on Pusch View Lane, Oro Valley,Arizona Within Section 12,Township 12 South, Range 13 East(Parcel #22428143A) Dear Mr. Donley: As requested, Darling Environmental& Surveying, Ltd. examined vegetation and reviewed the Harris Environmental Group (Harris Group)documentation you provided in relation to the approximately 19.8 acre site known as Mercado del Rio. Also, we recently completed our forth year of cactus ferruginous pygmy-owl(Glaucidium brasilianum cactorum) surveys at said site,providing us with a total of 12 visits to the property. As displayed in Figure 1,vegetation on this parcel consists of upland Sonoran desert scrub. The dominant tree species is velvet mesquite(Prosopis velutina). Some foothills palo verde(Cercidium mcrophyllum) trees are also present. As shown in the photograph, vegetation is not dense or in good health. Darling Environmental &Surveying, Ltd concurs with the December 22, 2003 Harris Group that the vegetation on this parcel is not riparian—it is upland desert vegetation. The plants have looked about the same since we began owl surveys in 2000. Though, as pointed out by the Harris Group, the site may have once had shallower groundwater and been part of.the Canada del Oro flood plain, flood control measures and development have permanently changed the character of the land. Further evidence of the upland desert characterization of this habitat is found in the fact that the groundwater in the area is over 400 feet deep (Harris, 2003). 4,,-.;e,..k,:::.:;ff t µ .. 4� t►'',. p.a*P rows+' � fi' .�+s.. ,..Q•-, ,,,,,It'''• f`� 'r ,•O f t k1•• °.:•��''da 's• ��. 4 't tG.).Molt .. t.t.4•s;1`t • .„•+r! • J ''� ��' ��• �...+,It�•/1,.y'R, i HNC Jn�'.,, r'�'I\..A�'Y r •: c� : i.,. +o-y T! Z11i�1 �r �� +..'t Riz �,tS'�'+�'"'�iti.R'�,�>,�•,�'M' 'w• •��.�" ,�' / ��'yA; � ' ,�{. • �. � ' Fl:• ` �•�[•.1+ + t��(•'•1,f117`:1 a • ; rr,+e.•• M i> fr�.. '' +•"e�,;, ., , :...0.+fi. A!, •4 .: ►:4 ^! �'.lea r.C''YE,.."1 . •w ..• t _ it /•41 ,Wµ�I'1 9 A 11�/y� 4 '' •t+`t' gt 'd' _r r .,,,` 'w �t,'•r.!5Mf ,"' e r.ti «' f4. ' ,.ii-hs 4' v'd r • •41 ' FQ' • M �r,. rs. }./ �' w• ,•fir. Y„ PAY •M'., s�v.. :p t$. ,�..• •i.306iR<JI'�:��rt'S�a�,4,'•�•.4�' ••�7ii�!S.' .i4'+i� '.:t !t2-. t `L n� � • . ` ♦ • � rat .• ar .dam ''1' ,?'at v7�, • a ., .t. •.. l _ a 1""•. ♦ 1.;. ' , �,a ''.."'`� 1 •L'..1�'„. srii'ww 91/7 x � ,4 I • ;,;:t •"•'• a '.r`� t ::: _• �. y rwX•.$ f r ,7 • 4. a y� 4 4 Ei21r.r ',,,,w. • ,y.•1 4 fir...,.,. ,,.P.a a. t ," r#',i� ;�• M ,r.r . .- w 7 P. j •':.;f l+ - f rd '. ` + .f -rt.. .4-.h y...;w'i. , .,:: t t � ! .b' '• ''. Y.t 'r 1 i f.;•w{t .,R .''' .,W..r a • .„ .4,^ 'i "' _r,s.....=Sit�Tll"'l. .wlJv'xL L•••,-;,iLCE y«,^ R t'.,/ r•r rgi, - •r•-• '•' - •- 7-• 7 16,1', r• ,•.:,,.' .1'6'1'.:V.1.141) ,..iffr i ' rie . .! . ,Ii•,Z.:,..........",..4.1, • •.'.'1 u�-"'v,��F''''rtrt,�.x„ 11 i ,< ., 1t .. t. 4,.,A µ, �,,.�' • T 't a y t •~f ,;:) i Wlav 1 #. rc 1 / a'e. ('}' +'.7 , aP r x '!f f,yam. *• ��',F f'`y,i+rw,�°x �`*�,� �f• 'it !7 .,.-n .e.'f 7s+,.e. '�� • 1�:' . ".a Z+ (F' r:.:= lF.jyi`+14.F�,.3 '1J ti^t„ti:? t ,,zp,,i ,fie 1,r , .11 - l;,,� :�.� , •, 1~:1 * 1- + ' c " + . .r 7 p ,,S • t `F� "Y<�,, } ,.',•-. r • y, !_ f. 4,, ‘ sf'ii- i4; .s,:i aF 'Nl:,.. . Y . '', • 9r ` R ,,4.v L :. .,;x:.. .• SL I ! ,.« . . y) ,.iw • Figure 1. 2002 Aerial Photograph of Parcel 22428143A Our research and field observations regarding the definition of riparian habitat within Chapter 2 of Oro Valley Riparian Ordinance also cause us to conclude that vegetation on the parcel does not meet the criteria of riparian habitat. In particular,that definition and our analysis are as follows: RIPARIAN HABITATS: biological communities occurring in association with any spring, cienega, lake,watercourse, river, stream, creek, wash, arroyo, or other body of water, either surface or sub-surface, or any channel having banks and beds through which water flows, at least periodically. c. XERORIPARIAN HABITATS : Xeroriparian habitats are supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include Mesquite, Blue Palo Verde,Desert Willow, Catclaw Acacia, Whitethom Acacia,Desert hackberry and Ironwood. Actual species composition is typically a function of the extent and frequency of stream flow. Darling Environmental&Surveying,Ltd. Kolb Executive Office Park 1650 North Kolb Road,Suite 136 Tucson,AZ 85715 (520)298-2725/(520)298-2767 Page 2 of 4 Xeroriparian habitats are present along washes throughout the Town of Oro Valley. For the purposes of this classification system, xeroriparian habitats are further divided into the following subcategories: 1) HIGH XERORIPARIAN A HABITATS: Not applicable. 2) INTERMEDIATE XERORIPARIAN B HABITATS: Not applicable. 3) LOW XERORIPARIAN C HABITATS: typically occur along minor watercourses and along the peripheral edges of major watercourses. The typical vegetative volume per unit area in this habitat type is between 0.500 and 0.675 M3/M2. Whitethorn Acacia, Catclaw Acacia, Desert Creosote Bush, Bunchgrasses and Bursage are typically found within Low Xeroriparian C Habitats. Analysis: The parcel does not meet the definition of"low xeroriparian C"because the vegetative volume per unit area is below 0.500 M3/M2 and because vegetative species that perform best with more than minimal desert rainfall, including whitethorn acacia and catclaw acacia are missing from the site. Instead,a vegetative volume of approximately 0.25 M3/M2 and a sparse level of more drought tolerant vegetative species,primarily consisting of scrub mesquite and foothills palo verde, are found. 4)REGIONAL DRAINAGEWAY: not a single habitat type, but rather, an aggregation of the habitat types described above distributed continuously along a regional drainageway. The Regional Drainageway is significant in that it typically extends for lengths of several miles and may extend from the urbanized portions of the Town into large tracts of undeveloped public lands. Within the current boundaries of Oro Valley, this habitat feature occurs along the Canada del Oro Wash and Big Wash. The regional drainageway typically consists of patches of Xeroriparian A, B and C Habitats, separated by areas of sparsely vegetated or non- vegetated wash bottom all of which is within the undeveloped floodplain. The high habitat value associated with regional drainageways stems from their length (which can be uninterrupted for lengths of several miles), their width (which provides habitat areas that are relatively isolated from adjacent urban developments), and their configuration(which provides connections between various tributary channels and, in some instances, connections to tracts of preserved natural open space). Analysis: The parcel does not meet the definition of"regional drainageway"because it in not an aggregation of habitat types distributed continuously along a regional drainageway such as along Canada del Oro Wash or Big Wash. Instead, the site is high Darling Environmental&Surveying,Ltd Kolb Executive Office Park 1650 North Kolb Road,Suite 136 Tucson,AZ 85715 (520)298-2725/(520)298-2767 Page 3 of 4 and dry, south of Canada del Oro Wash(Figure 1) and lacks riparian habitat patches typical of regional drainageways. In summary, in my professional opinion, this site is upland desert. Though I did not examine old aerial photographs and other information that may have been reviewed by the Harris Group, at this time in history the site is not riparian. Also, it appears that due to changes in water flow patterns in the area, as evidenced in Figure 1, the parcel is no longer capable of supporting riparian vegetation at any time in the foreseeable future. Please let me know if you have questions or would like additional information. Sincerely, Darling Environmental & Surveying, Ltd. LLL I� Richard D. Darling, RLS President Darling Environmental&Surveying,Ltd Kolb Executive Office Park 1650 North Kolb Road,Suite 136 Tucson,AZ 85715 (520)298-2725/(520)298-2767 Page 4 of 4 03/17/04 Minutes, Council Regular Session 10 'Nu/ explained that they have paid their fees for the abandonment. He reviewed the current owners and uses of the surrounding properties and stated that this portion of property would be kept in its natural state. He asked that the Council give them the same consideration that the surrounding property owners have been given for abandonment. Mayor Loomis closed the public hearing. MOTION: Council Member Johnson MOVED to APPROVE Resolution (R)04-18 vacating a portion of Calle Almendra right-of-way to adjacent property owners. Vice Mayor Wolff SECONDED the motion. DISCUSSION: Council Member Abbott stated that the property does have value and one could not compare what was previously done for the school verses private owners. She stated that the Town has not attempted to sell the property before vacating it and she could not support the Resolution. Mayor Loomis agreed that maybe the Town should look at establishing a policy for selling such pieces of property; however, this has not been done in past vacations and no charge was applied. He stated that we should not start now without having a policy in place. MOTION CARRIED, 3 —2,with Council Member Abbott and Council Member .00 Rochman opposed. 5. PUBLIC NEARING — ORDINANCE NO. (0)04-11 AMENDING THE ZONING MAP DEPICTING THE RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY REMOVING CONQUISTADOR LLC PARCEL Community Development Director Brent Sinclair reported that on February 18, 2004, the Town Council approved an amendment to the Riparian Habitat Protection Overlay District that removed 35 of 36 parcels from the District. At that meeting, the Council continued the consideration of the Conquistador LLC Parcel to allow a more detailed assessment of the site and for Council members to participate in a site tour. Mr. Sinclair reported that a further detailed study has also been completed by the Harris Environmental Group to determine if the vegetation on the site qualifies as a riparian habitat. He reported that the study determined that the site does not constitute a riparian habitat as it lacks a surface or subsurface water source and the vegetation that is present does not occur in a homogenous or consistent fashion across the parcel. Therefore, staff is recommending that the Conquistador LLC parcel, #224-28-143A, be removed from the Riparian Habitat Protection Overlay District. In response to a question from Council Member Abbott, Town Engineer Bill Jansen explained that after the damage from the 1983 flood, a levy was built along the area by Pima County Flood Control District. Water was diverted from this area and so there was no longer a major water source to maintain the vegetation on this property. 03/17/04 Minutes,Council Regular Session 11 Frank Bangs, 1 S. Church,representing the property owners, urged the Council to adopt Ordinance (0)04-11 as there was evidence to support the removal of the parcel from the Riparian Habitat Overlay District. He also pointed out that the commercial zoning has been finalized on the property, the right-of-way to complete the Pusch View Lane extension west across the CDO wash has been dedicated to the Town, they are participating in the Oracle Road Improvement District, and they are ready to market and proceed with the development of the property. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to ADOPT Ordinance (0)04-11, OV9- 03-28, Riparian Habitat Overlay District Zoning Map amendment. Council Member Abbott SECONDED the motion. Motion carried, 5 — 0. Mayor Loomis recessed the meeting at 9:25 p.m. The meeting resumed at 9:35 p.m. 6. APPROVAL OF CHANGES TO THE 2003/2004 PLANNING AND ZONING COMMISSION WORK PLAN Community Development Director Brent Sinclair reported that at the February 18, 2004 Council meeting, the Council voted to continue this item and have staff reevaluate the '1110 priority of the livestock mitigation measures. He stated that staff is recommending that this item stay at "Low"priority for the following reasons: 1) In October 2002, an amendment was considered to allow greater density of livestock. This was not approved by the Council but staff was directed to look at the possibility of livestock mitigation measures. These measures were considered to offset a possible increase in livestock density which was not approved. 2) If we are considering new livestock mitigation measures, Staff would have to start over as now we would not be talking about mitigating increased densities, we would be considering going beyond the Town's own requirements and any requirements that staff currently knows of that deal with this issue. Primary research would need to be initiated on the issue. 3) New requirements would alter existing development plans and rights. Mr. Sinclair stated that staff requests that this item continue as a "Low"priority item and should the issue accelerate in the future, it could be reconsidered at that time. In response to comments and questions from Council Member Abbott, Mr. Sinclair explained all items on the Work Plan are a result of Council direction and then they are prioritized. He further explained that the Town's standards are at the Pima County Standards,but staff is being asked to go beyond these standards. He also emphasized that the mitigation standards were developed to offset a possible increase in livestock density, but there was no increase in density. He also explained that Pima County would enforce the dust control measures, etc. PAGE 18 The Daily Territorial MARCH 31, 2004 Public Notice lower level of water table); and 3) months who drink water containing G-6 MARTHA PATRICIA OCHOA D 28 MARY H.MUNOZ NOTICE OF SALE deterioration of onsite vegetation due to nitrate in excess of the MCL could G-52 BRIAN GILMAN C-66 MICHELLE D.SMITH NOS#81610 TITLE: NOS Picker lack of water,such that the parcels no become seriously ill and, if untreated, E-78 KENNETH KROMER C-7 BARBARA MEADOWS PQ-2000SA Spiral Computed F.Copies of the claim shall be mailed to longer qualify as a Riparian Habitat(see may die.Symptoms include shortness of G-2 MICHELLE L.WEAVER B-8 CHRISTOPHER SCOTT Tomography(CT Scanner) the seizing agency and to the attorney Case Report of OV9-03-28);and breath and blue-baby syndrome." E-77 BAYLI EDWARDS Bikes, chairs, ice chest, plastic bags, DUE IN AND OPENS: April 30, for the state.No extension of time for the WHEREAS, On February 18,2004 the For more information, please contact E-53 LI TSOU dressers, stereo, speakers, sofas, tvs, 2004 AT3:00 P.M.MST, filing of a claim may be granted. Town Council adopted Ordinance No. Karen Hartwell of yl Technology at 520- Chairs, tables, sofas, entertainment mattresses,vacuum,microwave,stroller, 6TH FLOOR LOBBY CONFERENCE In addition to filing a proper and timely (0)04-07, which removed the adjacent 625-1671. centers,washer,dryer,stereo,speakers, car parts,bird cage,tools,entertainment ROOM, claim in Pima County Superior Court, 35 parcels from the District and voted to Pub:The Daily Territorial boom box, desk, mattress, box spring, center,bed,boxes misc. 130 W. CONGRESS, TUCSON, copies of the claim must be mailed to the continue the consideration of the subject March 29,30,31,2004 bedding, tool boxes, luggage, TUC-12 - 3955 E. 29th STREET, ARIZONA 85701. seizing agency, the COUNTER parcel's removal until after further study, Req:Nil Technology microwave, restaurant shelving, sewing TUCSON,AZ DESCRIPTION: TO SELL TO THE NARCOTICS ALLIANCE, and to the including a site visit, by Council pnbreakers jw machine, stool, bbq, cooker, pots, F-33 MAXIMO BRACAMONTE HIGHEST BIDDER: attorney for the State, PAUL G. members;and pillows, clothes, hand truck, carrier, F-40 CARLA BRADFORD MAKE:PICKER INTERNATIONAL,INC. LAURITZEN. WHEREAS, members of the Town tricycle,ladder,boxes,bags misc. H-65 SHANE SHEPARD MODEL: PQ-2000SA SPIRAL SYSTEM Failure to file a proper and timely claim Council visited the property on March 4, NOTICE OF THE PIMA COUNTY TUC-2 3680 W. ORANGE GROVE Children's beds,tv,sofa,tables,clothes, WITH VOXEL Q WORKSTATION will result in the forfeiture of all interest. 2004 and reviewed additional BOARD OF SUPERVISORS ROAD,TUCSON,AZ door, luggage,bed,boxes and bags of DATE OF SERVICE: 07/98 By law no extension of time for the filing information presented by staff regarding Pursuant to A.R.S. & 38-431, NOTICE D-33 MICHAEL CAHOON misc. FEATURES: 1200 SOLID STATE of a clam may be grated. the status of vegetation on the property IS HEREBY GIVEN that the Pima G-65 DANIEL OVIEDO TUC-14 6560 E. TANQUE VERDE RD DETECTORS; SURGE If you have not previously received relative to the Riparian Habitat criteria County Board of Supervisors shall hold a F-15 LEONARD BUELNA TUCSON,AZ SUPPRESSOR; notice of its seizure for forfeiture,this is set forth in Chapter 2 of the Oro Valley public hearing on Tuesday, April 13, H-88 TINA TOBLER 257-SHANE CORRIE MPA SOFTWARE; notice pursuant of A.R.S.§13-4306(C). Zoning Code Revised. 2004,at the hour of 9:00 a.m.or soon Tire, wheels, sofas, desks, computer 273-JAMES PETERSEN VOXEL Q WORKSTATION [(3D, MPA, DATED this 4th day of March,2004. NOW,THEREFORE,BE IT ORDAINED thereafter to hear oral and/ or written equipment, chairs, tables, microwave, 283-SCOTT SCHLIEVERT MPR); ZAP 70 SPIRAL PACKAGE; BARBARA LAWALL PIMA COUNTY by the Mayor and the Council of the comments concerning a proposed plastic containers,entertainment center, Wicker furniture, desk, chair, shelving, CTA/MRA(MIP); 4 MHU X-RAY TUBE; ATTORNEY /s/ PAUL L. LAURITZEN Town of Oro Valley: Ordinance to establish prima facie luggage, chest of drawers, bed frame, records,lights,end tables,lamps,boxes CT FLUORO; SPIRAL INJECTION Deputy County Attorney SECTION 1.The Council hereby adopts (speed limit) on Drexel Road from boxes of misc. of misc. PROTOCOL SOFTWARE- INCLUDES APPENDIX ONE the zoning map removing parcel number Mission Road to Hopdown Lane in Pima TUC-3 - 2424 N. ORACLE RD., Pub:The Daily Territorial GANTRY, PATIENT COUCH AND (A) ONE RESIDENCE LOCATED AT 224-28-143A from the Riparian Habitat County, Arizona. The Hearing will be TUCSON,AZ March 31,2004 ACQUISITION / VISUALIZATION 4170 N. CAMINO GACELA (PC), Protection Overlay District. held in the Board of Supervisors Hearing C-53 ANTHONY ROSS April 7,2004 CONTROL CENTER - 3 SECOND FLECHA CAIDA RANCH ESTATES NO SECTION 2. The effective date of the Room, 110 West Congress, 1st Floor, D-19 CALVIN DARYL DEAS Req:National Self Storage . DISPLAY CYCLE TIME - 50K W ON- . 5 LOT 242, RECORDED IN THE zoning map amendment shall be thirty Tucson Arizona. F-46 JAIME FOSTER slaprill5 jw BOARD INVERTER GENERATOR OFFICE OF THE PIMA COUNTY days after the adoption of this Ordinance PUBLISH:The Daily Territorial F-63 MARTHA DELAROSA 450 POUND PATIENT COUCH RECORDER IN DOCKET 11774 PAGE by the Town Council. March 29,30,31,2004 F-30 KIMBERLY BARBEE WITH 6 K V RANGES; 2993, INCLUDING ALL BUILDINGS, SECTION 3. If any section, subsection, pnmission jw B-35 MELODIE OVERTON 17 INCH MONITOR FIXTURES, STRUCTURES AND sentence,clause,phrase,or portion of this C-83 NORBERT PASILLAS Notice of Public Auction 2.0 GIGABYTE DISK STORAGE APPURTENANCES THERETO Ordinance is for any reason held to be Futon, bike, vacuum cleaners, desks, A Public Auction will be held at A-Atlas SYSTEM; (B) 1996 FORD ECONOLINE VIN: invalid or unconstitutional by the decision of NOTICE OF THE PIMA COUNTY tables, sofas, dressers, love seat, Discount Storage, 1901 N. Oracle Rd. SLICE THICKNESS SELECTIONS OF 1FTFE24H1THA00750,AZ LIC:TEMP any court of competent jurisdiction, such BOARD OF SUPERVISORS washer, bed frame, trunk, tool box, on Wed., April 14th, 2004 at approx. 1.0,2.0,3.0,4.0,5.0 80 AND 10.0 MM (C) ACCU-LAB FLOOR SCALE S/N decision shall not affect the validity of the Pursuant to A.R.S. &38-431, NOTICE stereo, hat, plastic containers, shelves, 9:30 a.m.; at Unit(s) D-2, JAMES WEIGHT: GANTRY:340n 0382AP038 remaining portions thereof. IS HEREBY GIVEN that the Pima luggage, tools, end table, tv's, fan, LINVILLE tenant(s) in default. LBS.;PATIENT COUCH:550 LBS.; (D) HP COPIER/PRINTER S/N SECTION 4.All Oro Valley Ordinances, County Board of Supervisors shall hold a electric motor,rolling work tables,swing Furniture, boxes,and misc.items to be CONSOLE:675 LBS. MY360064F5 Resolutions, or Motions and parts of public hearing on Tuesday, April 13, set, pictures, record, helmet, boxes of auctioned. DIMENSIONS: GANTR'.. (E)NOKIA CELL PHONE Ordinances, Resolutions or Motions of 2004,at the hour of 9:00 a.m.or soon misc. Pub:The Daily Territorial 34 IN. X 89 IN. X 77 IN.; PATIENT (F)TWO(2)HAND TRUCKS the Council in conflict with the provisions thereafter to hear oral and/ or written TUC-4-2545 S.6TH AVE.,TUCSON, March 31,2004 COUCH:165 IN.X 23 IN.X 40 IN.; (G)THREE(3)RYOBI POWER DRILLS of this Ordinance are hereby repealed. comments concerning a proposed AZ April 7,2004 CONSOLE: 41 IN.X 58 IN.X 58 IN. (H) GENERIC GENERATOR S/N PASSED AND ADOPTED by the Mayor Ordinance to regulate the intersection of C-38 ALBERT SIMONCELLI Req:A-Atlas Discount Storage On the Internet at 189008 and Council of the Town of Oro Valley, Drexel Road and Hopdown Lane in Pima F-4 THOMAS DURAN silinville jw www.co.pima.az.us/procure@ Or (I) INTRATECH TEC 9, 9MM, S/N Arizona this 17th day of March,2004. County, Arizona. The Hearing will be G-12 YADIRA AGUILAR Bids may be obtained at the Pima 136205 /s/Paul H.Loomis,Mayor held in the Board of Supervisors Hearing G-37 DIANNA MARIE RODRIGUEZ County Administration Building, 130 W. Pub:The Daily Territorial ATTEST:/s/Kathryn'E.Cuvelier,Town Room, 110 West Congress, 1st Floor, G-38 MARY C SIERRA Notice of Public Auction Congress,St.6th Floor,Tucson,Arizona March 30,31,2004 Clerk Tucson Arizona. Bicycle,sewing machine,mattress,bed 85701, Monday - Friday, 8:00 a.m. to A Public Auction will be held at A-Atlas April 1,2,2004 APPROVED AS TO FORM;/s/Mark J. PUBLISH:The Daily Territorial frame, pillows, counter, luggage, tire, Discount Storage, 3745 S. Kolb Rd. 5:00 p.m. Req:Pima County Attorney Langlitz,Town Attorney March 29,30,31,2004 pictures, door, buckets, plumbing Tucson AZ.85730 on Wed.,April 14th, PUBLISH:The Daily Territorial pn96ford jw Pub:The Daily Territorial nho own w supplies, toilet, clothes, shoes, tv, March 31,2004 P Pd j 2004 at approx.11:00 a.m.;at units B-23 March 29,30,31,2004 beauty shop hair dryer, chairs, April 1,2,5,2004 Karalyn Christie, G-35 Richard Curtis., April 1,2004 household misc,bags of misc. s181610 ap Tenants in default. Furniture, Tools, Req:Town of Oro Valley TUC-5 - 2855 S. PANTANO RD., Misc.Boxes to be auctioned. ORDINANCE NO.(0)04-11 pnor04-11 jw NOTICE OF INTENT TO LEASE TUCSON,AZ Pub:The Daily Territorial AN ORDINANCE OF THE TOWN OF Pursuant to ARS 11-256.01, Pima B-94 LIONEL BARNES March 31,2004 Notice of Public Auction ORO VALLEY, ARIZONA AMENDING Countyintends to lease 350 square feet G 57 AARON SMILEY A Public Auction will be held at A-Atlas q April 7,2004 THE ZONING MAP DEPICTING THE NOTICE OF THE PIMA COUNTY of space within thepark buildings at RoyG-10 JOHN CARTWRIGHT Discount Storage,9025 E.Camino Abril, RIPARIAN HABITAT PROTECTION BOARD OF SUPERVISORS P g D-68 ANTONIO DUARTE Req:A-Atlas Discount Storage 9 P.Drachman-Agua Caliente Park,12325 slchristie jw Tucson, Az.85747 on Wed., APRIL 7, OVERLAY DISTRICT BY REMOVING Pursuant to A.R.S. & 38-431, NOTICE East Roger Road,Tucson,together with Dresser, mattress, bed frame, box 2004 at approx. 11:30 a.m.; unit A-21, PARCEL NUMBER 224-28-143A, IS HEREBY GIVEN that the Pima related storage and office space,to the springs, exercise machine, stove, tv, Tina Gray tenant in default. Washer, LOCATED SOUTH OF THE CANADA County Board of Supervisors shall hold a Tucson Audubon Society, an Arizona spa, cabinets, plywood, pictures, dryer, entertainment unit, and misc. to DEL ORO WASH AND WEST OF public hearingon Tuesday, April 13, washer,dryer,stereo,boxes. Notice of Public Auction ynon-profit corporation, to establish a ry be auctioned. ORACLE ROAD,AND REPEALING ALL 2004,at the hour of 9:00 a.m.or soon A Public Auction will be held at A-Atlas TUC-6 - 7070 E. SPEEDWAY, "nature shop", a specialty store with Discount Storage,3939 N. Romero Rd. Pub:The Daily Territorial RESOLUTIONS, ORDINANCES, AND thereafter to hear oral and/ or written books and nature-related items, at the TUCSON AZ g March 24,31,2004 RULES OF THE TOWN OF ORO comments concerninga proposed A-10 LEROY A.CLAUSEN Tucson,AZ 85705 on Wed.,April 14th, P P park. The Lease will be for a period of Req:A-Atlas Discount Storage VALLEY IN CONFLICT THEREWITH; Ordinance to regulate the intersection of three(3)years with an option to renew D-22 CARMEN DOMINQUEZ 2004 at approx.9:15 a.m.;at unit(s)B- sla 21 jw PRESERVING THE RIGHTS AND Santa Marta and Santa Elena in Pima for an additional three(3)years,at$200 H-17 EDDIE RESNER 30 Deanne Gray,K-1 Sherri Salerno,M- DUTIES THAT HAVE ALREADY County, Arizona. The Hearing will be per month beginning after three months' D-14 PHAN LONG 26 Kirby Colter tenant(s) in default. MATURED AND PROCEEDINGS THAT held in the Board of Supervisors Hearing occupancy, beginning April 10, 2004. Entertainment center,mattress,exercise Electronics,furniture,camping gear,and HAVE ALREADY BEGUN Room, 110 West Congress, 1st Floor, For additional information,contact Pima machine, lamps, sewing machine, misc.boxes to be auctioned. Summon s THEREUNDER. Tucson Arizona. County Natural Resources, Parks and quilts,tables, end tables, bed spreads, Pub:The Daily Territorial WHEREAS,in October 1996,the Town PUBLISH:The Daily Territorial Recreation Department, 3500 West christmas tree, luggage, file cabinet, March 31,2004 of Oro Valley adopted Ordinance No.(0) March 29,30,31,2004 River Road, Tucson, AZ 85713 kitchen cabinets,boxes misc. April 7,2004 NOTICE OF SUMMONS 96-31 creating a Riparian Habitat pnsantamarta jw Telephone(520)877-6230. TUC-7 - 8361 E. BROADWAY, Req:A-Atlas Discount Storage ARIZONA SUPERIOR COURT,County Protection Overlay District, Article 10-7 PUBLISH:The Daily Territorial TUCSON AZ sigray jw of Pima of the Oro Valley Zoning Code Revised March 10,17,24,31,2004 L-48 KEITH FOWLKES In re the Marriage of: OVZCR);and PUBLIC NOTICE pnintent ap L-49 KEITH FOWLKES Camille E Rubio Petitioner,and Manuel WHEREAS, in April 2000, the Town NITRATE G-44 PHYLLISS J.RILEY Notice of Public Auction Cornejo Rubio Respondent.CASE NO: Council adopted Ordinance No.(0)00- This notice is to inform customers of H-34 DELBERT WIDMANN A Public Auction will be held at A-Atlas D20041081 SUMMONS (Domestic 12 which placed a number of additional Breakers Water Park water system, H-38 BONNIE DAVIS Discount Storage, 4320 W. Ina Rd Relations)KAREN NYGAARD properties within the Riparian Habitat PWS #10194, that the water system Sales Notices 1-6 LYNNE M.IGARTA Tucson,AZ 85741 on Wed.,April 14th, FROM THE STATE OF ARIZONA TO: Protection Overlay District,including the violated the maximum contaminant level Mattress, box spring, computer, quilt, 2004 at approx.9:00 a.m.;at unit(s)C- Manuel Cornejo Rubio Address 36 parcels which were designated a for NITRATE. NOTICE OF PUBLIC LIEN SALE kitchen table, baby bed, toys, tables, 93 Pamela Branson,D-53 Ed Burk,A-33 Unknown City Unknown Telephone resource category of "Degraded PUBLIC NOTICE FAILURE TO National Self Storage pursuant to the vacuum, tv, car seat, entertainment John Cristiani, D-5 Duane Gamez, Unknown Mesquite Bosque"Habitat;and MONITOR rental agreement and A.R.S. 33-1703 center, ball, glove, desk, dresser, tool tenant(s)in default.Furniture,household YOU ARE HEREBY SUMMONED and WHEREAS, Chapter 2 of the OVZCR This notice is to inform customers of and other applicable Arizona Statute,will boxes,sofa,shelves,plastic containers, goods, boxes, and misc. items to be required to appear and defend,within the boxes of misc. auctioned. time applicable,in this action in this Court. doesfenot define the dedrian Habitat #10194 Water Parktersystem,emfPWS conduct a public sale to satisfy a TUC-8 4101 E. FORT LOWELL RD Pub:The DailyTerritorial If served within Arizona,you shall appear category of "Degraded Mesquite #10194 that the water system failed to landlord lien of the contents of the and defend within twenty In September 2000,the Town monitor for nitrate at POE 002 during storage spaces named below, which TUCSON,AZ March 31,2004 (20) calendar A-34 JIM BASS April 7,2004 days after the service of the Summons and Council amended the Riparian n Habitat sure, 20e2, andtherefore ourcannot be consist of items listed a below, whicha A-136 ROBIN FASANO Req:A-Atlas Discount Storage Petition upon you,exclusive of the date of Protection Overlay District zoning map to sure of the quality of your drinking water includes unpaid rent, late charges and service. If served out of the state of change the "Degraded Mesquite during that time. The water system is costs incurred to date. To avoid this B-75 JOHN C.ALLEN slbranson jw Arizona whether by service, of Bosque" designated properties to the required to monitor your drinking water sale, payment in full, including all late C-43 DANIEL J.(DAN)PRICE registered-or certifiedthe mail,direct D-76 MARIA C.DURON-GARCIA e9by publication by "Intermediate Xeroriparian-B" Habitat for specific contaminants on a regular charges and costs plus additional unpaid i -you shall appear and defend within thirty category of Riparian Habitat defined in basis. Results of regular monitoring are rent and charges to date of payment, E-44 SHEILA PETERSON Notice of Public Auction Chapter 2 of OVZCR;and an indicator of whether or not your must be received prior to the date of Mattress, box spring,jewelry box, bed A Public Auction will be held at A-Atlas (30) calendar days after the service. WHEREAS, the subject parcel was drinking water meets health standards. sale. Landlord will not proceed with the spread, clothes, frame, telephone, Discount Storage, 8600 E. Speedway Service by registered or certified mail included in the September 2000 re- UNTIL FURTHER NOTICE: sale if payment in full is made in cash or clothes, attache case, shelving, motor, Blvd.,Tucson,AZ 85710 on Wed.,April without the State of Arizona is complete 30 designation action (Ordinance No. (0) DO NOT BOIL THE WATER DUE TO money order prior to sale. Complete sofa-bed, come-a-long, stereo, jack 14th, 2004 at approx. 10:00 a.m.; at days after the date of filing the receipt and chairs,tables,lamps, affidavit of service with the Court. Servi 00 23) and is currently designated as THE ELEVATED LEVELS OF NITRATE terms and inspection prior to sale. carousel toy horse, units A-44 Oralia Ruiz, B-54 William publication is complete 30 days after "Intermediate Xeroriparian-B" Habitat; -USE AN ALTERNATE SOURCE. Auction will be held at or after 8:00 a.m. saw horse stand,cabinet,boxes of misc. Rivas,B-61 Phillip Waller,C-7 Caroline date of the first publication. Service ., and The water system has allowed on:April 15,2004. TUC-10 975 S.PRUDENCE,TUCSON, Durant, F-67 Lisa Sharp, 1-4 Nick WHEREAS,since September 2000,the customers of Breakers Water Park to TUC-1 3899 N. ORACLE RD., AZ Papanikolas, tenants in default. person (direct service) is complete when hydrologic conditions of the area bring in there own drinking water to be TUCSON,AZ A-25 PETER L.LESPIER Furniture, appliance, boxes, etc to be made.RCP 4,ARS 25-311 to 25-381.22. encompassing the subject parcel, as consumed, and testing was done in G-80 DALE RAY STENBAKKEN Chairs, plastic containers, rolling tool auctioned. YOU ARE HEREBY NOTIFIED that in well as 35 adjacent parcels, have 2003 to correct the problem. Monthly G-109 DAVID C.RUSSELL box, tools, tv, dresser, stereo, boxes Pub:The Daily Territorial case of your failure to appear and misc. March 31,2004 defend within the time applicable, substantially changed due to the sampling will be done for nitrates. We F-14 SHANNON JOSE JUDGMENT BY DEFAULT MAY BE cumulative effects of:1)development of will inform you when the amount of E-41 SHAWN T.REAGEN TUC-11 519 E.PRINCE RD,TUCSON, April 7,2004 RENDERED AGAINST YOU FOR ALLE nearby properties;2)loss of a consistent nitrate is again below the limit. B-53 JONATHAN DRISDALE AZ Req:A-Atlas Discount Storage THE RELIEF REQUESTED BY YOUR water supply (diverted water flow and Nitrate: "Infants below the age of 6 B-30 THERESA FAULKNER H-27 MIGUEL A.MAZA slruiz jw 8 MARCH 30, 2004 The Daily Territorial PAGE 21 Public Notice ORDINANCE NO.(0)04-11 April 1,2004 BIDDER,OF LAWFUL MONEY OF THE Edosma Beverford Current Trustee's Name and Address: AN ORDINANCE OF THE TOWN OF Req:Town of Oro Valley UNITED STATES OF AMERICA(CASH). YOU ARE HEREBY SUMMONED and Joy A. Sullivan Ryley, Oarlock & ORO VALLEY, ARIZONA AMENDING pnor04-11 jw THE IDENTITY OF THE SPACE required to appear and defend in the Applewhite,One North Central Avenue, acquisition of the interest in the property. THE ZONING MAP DEPICTING THE NUMBERS AND THE OCCUPANT(S) above entitled action within TWENTY Suite 1200, Phoenix, Arizona 85004 ias - 5.The specific provisions of this chapter RIPARIAN HABITAT PROTECTION THE SPACE AS FOLLOWS. (20) DAYS, exclusive of the day of 4417(Phone no.602/258-7701) relied on in asserfing that it is not subject OVERLAY DISTRICT BY REMOVING NOTICE OF THE PIMA COUNTY C-009=NORRIS CHARLES service, if served within the State of This sale will not exhaust the power of to forfeiture. PARCEL NUMBER 224-28-143A, BOARD OF SUPERVISORS C-017=GRIJALVA WALDO Arizona, or within THIRTY (30) DAYS, sale contained in the Deed of Trust as to 6. All facts supporting each such LOCATED SOUTH OF THE CANADA Pursuant to A.R.S. & 38-431, NOTICE D-032=TORRES CLAUDIA exclusive of the date of service, if any remaining property encumbered by assertion. DEL ORO WASH AND WEST OF IS HEREBY GIVEN that the Pima D-071=CORONADO DANIEL service is made without the State of the Deed of Trust or the financing 7. Any additional facts supporting the ORACLE ROAD,AND REPEALING ALL County Board of Supervisors shall hold a D-075=JESSICA YVETTE VALLE Arizona. If service is made by statements described above,which may claimant's claim. RESOLUTIONS, ORDINANCES, AND public hearing on Tuesday, April 13, D-089=VALENCIA FLOR publication,service is complete THIRTY at the Beneficiary's option, be sold in 8.The precise relief sought. RULES OF THE TOWN OF ORO 2004,at the hour of 9:00 a.m.or soon E-003=LOPEZ CORRALES GENAARO (30) DAYS after the date of FIRST one or more subsequent sale F.Copies of the claim shall be mailed to VALLEY IN CONFLICT THEREWITH; thereafter to hear oral and/ or written E-008=VALENZUELA CHRISTIN PUBLICATION and you must appear proceedings. The recordation of this the seizing agency and to the attorney PRESERVING THE RIGHTS AND comments concerning a proposed E-019=ANNA HERNANDEZ and defend within THIRTY (30) DAYS Notice does not constitute an election to for the state.No extension of time for the DUTIES THAT HAVE ALREADY Ordinance to establish prima fade E-042=ORTIZ IRMA thereafter. proceed against any given collateral,or filing of a claim may be granted. MATURED AND PROCEEDINGS THAT (speed limit) on Drexel Road from E-089=MARTIN FISHER HERNANDEZ In order to appear and defend,you must to pursue any given remedy, to the A.R.S. § 13-4309 provides that when HAVE ALREADY BEGUN Mission Road to Hopdown Lane in Pima E-094=JOSE E.M.ABRIL file a proper response or answer in exclusion of any other collateral or uncontested forfeiture is made available THEREUNDER. County, Arizona. The Hearing will be F-022=YVONNE C.VALENZUELA writing with the Clerk of this Court, remedy.The Trustee and the Beneficiary and a Petition for Mitigation or WHEREAS,in October 1996,the Town held in the Board of Supervisors Hearing G-013=ELVIA OLIVAS accompanied by the necessary filing fee. hereby expressly reserve the right, Remission is filed with the attorney for of Oro Valley adopted Ordinance No.(0) Room, 110 West Congress, 1st Floor, H-007=DIAZ LETICIA- Failure to so appear and defend will without impairing the effectiveness of the State, an informal procedure is 96-31 creating a Riparian Habitat Tucson Arizona. J-005=HECTOR ZAMORANO result in a judgement by default being this sale,to conduct one or more further permitted to determine whether the Protection Overlay District, Article 10-7 PUBLISH:The Daily Territorial Pub:The Daily Territorial rendered against you for the relief judicial or nonjudicial sales of any of the petitioner's interest will be maintained in of the Oro Valley Zoning Code Revised March 29,30,31,2004 March 23,30,2004 requested in the Petition. Beneficiary's collateral if considered whole or in part.The procedure usually OVZCR);and pnmission jw Req:Fiesta Self Storage You are required by law to serve a copy of necessary or advisable to foreclose out takes less than ninety days from this WHEREAS, in April 2000, the Town slnorris jw your response or answer upon the the interests of other parties who may notice,and allows negotiation among the Council adopted Ordinance No.(0)00- Petitioner, and such response or answer claim to have an interest in any portion parties. 12 which placed a number of additional PUBLIC NOTICE should be addressed as follows: Lisa of the Beneficiary's collateral or to Any party whose interest,or any part of properties within the Riparian Habitat NITRATE „ Linette Fishback-Mailing Address 11300 otherwise clear or perfect title to any it,is declared forfeited by the attorney for Protection Overlay District,including the This notice is to inform customers of S u m m o 1 s W.Orange Grove Rd Tucson,AZ 85743 portion of or interest in the collateral. the State, may, within thirty (30) days 36 parcels which were designated a Breakers Water Park water system, If service is made by publication,a copy DATED this 23rd day of February 2004. after the mailing of the declaration in the resource category of "Degraded PWS #10194, that the water system SUMMONS of the Petition and other papers filed in /s/ Joy A. Sullivan, a member of the informal proceeding,file a claim in court. Mesquite Bosque"Habitat;and violated the maximum contaminant level ARIZONA SUPERIOR COURT, this matter may be obtained from the State Bar of Arizona,Successor Trustee ' When a claim is filed,whether initially or WHEREAS, Chapter 2 of the OVZCR for NITRATE. COUNTY OF PIMA Clerk of this Court whose address is as (Qualified under A.R.S. section 33- after the informal proceeding, the does not define the Riparian Habitat PUBLIC NOTICE FAILURE TO In re the Marriage of: Barbara R. follows:Pima County Superior Court 110 803.A.2] forfeiture is finally determined by the category of "Degraded Mesquite MONITOR Pearson, and Cory Pearson West Congress Tucson Arizona STATE OF ARIZONA) Court and not by the attorney for the Bosque". In September 2000,the Town This notice is to inform customers of Respondent. CASE NO: D20040881 REQUEST FOR REASONABLE )ss. State. Council amended the Riparian Habitat Breakers Water Park system, PWS SUMMONS (Domestic Relations) ACCOMMODATION FOR PERSONS' County of Maricopa ) There are advantages to either Protection Overlay District zoning map to #10194 that the,water system failed to DOUGLAS P.MITCHELL WITH DISABILITIES MUST BE MADE The foregoing instrument was procedure depending upon the change the "Degraded Mesquite monitor for nitrate at POE 002 during FROM THE STATE OF ARIZONA TO: TO THE DIVISION ASSIGNED TO THE acknowledged before me this 23rd day circumstances of the case. Choosing Bosque" designated properties to the 2001, 2002, and therefore cannot be Cory Pearson Unknown Not Sure(520) CASE BY PARTIES AT LEAST 5 of February,2004,by Joy A.Sullivan,a one procedure instead of the other may "Intermediate Xeroriparian-B" Habitat sure of the quality of your drinking water YOU ARE HEREBY SUMMONED and JUDICIAL DAYS IN ADVANCE OF member of the State Bar of Arizona, have serious consequences to you.You category of Riparian Habitat defined in during that time. The water system is required to appear and defend,within the SCHEDULED COURT PROCEEDING. Successor Trustee. may need to consult a lawyer before Chapter 2 of OVZCR;and required to monitor your drinking water time applicable,in this action in this Court. GIVEN UNDER THE HAND AND SEAL /s/Notary Public(NOTARIAL SEAL)My making a decision to file either type of WHEREAS, the subject parcel was for specific contaminants on a regular If served within Arizona,you shall appear of the Superior Court of the State of Comm.Expires Feb.18,2007 petition or a claim or to refrain from filing included in the September 2000 re- basis.Results of regular monitoring are and defend within twenty (20) calendar Arizona in and for the said County,this Pub:The Daily Territorial anything. designation action (Ordinance No. (0) an indicator of whether or not your days after the service of the Summons and day of . 20 20 MAR 10 2004 March 30,2004 If no petition or claim is timely filed, 00-23) and is currently designated as drinking water meets health standards. Petition upon you,exclusive of the day of PATRICIA A.NOLAND,CLERK OF THE April 6,13,20, forfeiture of all interest in the defendant "Intermediate Xeroriparian-B" Habitat; UNTIL FURTHER NOTICE: service. If served out of the State of SUPERIOR COURT (SUPERIOR Req:Ryley,Carlock&Applewhite, property of any person who does not so and DO NOT BOIL THE WATER DUE TO Arizona - whether by direct service, by COURT SEAL)By/s/Deputy Clerk Atty's. petition or claim will result. WHEREAS,since September 2000,the THE ELEVATED LEVELS OF NITRATE registered or certified mail,or by publication Pub:The Daily Territorial tro'shields jw Any petition must be mailed to the ,hydrologic conditions of the area -USE AN ALTERNATE SOURCE. -you shall appear and defend within thirty March 23,30,2004 attorney for the State: Forfeiture Unit encompassing the subject parcel, as The water system has allowed (30)calendar days after service.Service by April 6,13,2004 Pima County Attorney 1400 Legal well as 35 adjacent parcels, have customers of Breakers Water Park to registered or certified mail without the State Req: Office of the Clerk of the Services Building 32 North Stone substantially changed due to the bring in there own drinking water to be of Arizona is complete 30 days after the Superior Court Pima county Notice of Trustee's Sale Tucson,Arizona 85701-1412 cumulative effects of:1)development of consumed, and testing was done in date of filing the receipt and affidavit of smbeverford jw Under Deed Of Trust oak Any claim filed must be filed in Pima nearby properties;2)loss of a consistent 2003 to correct the problem. Monthly service with the Court. Service by Trust No.1064688-02 County Superior Court.The Claim must water supply (diverted water flow and sampling will be done for nitrates. We publication is complete 30 days after the Loan No.0435049895 use the caption on this notice, and a lower level of water table); and 3) will inform you when the amount of date of first publication.Service in person Trustee Sales UNINS/106846 Ref:Frances copy sent to both the above attorney for deterioration of onsite vegetation due to nitrate is again below the limit. (direct service) is complete when made. Casorla Date:February 12, the State and the seizing agency lack of water,such that the parcels no Nitrate: "Infants below the age of 6 RCP 4,ARS 25-311 to 25-381.22. 2004 County Where Real Property is COUNTER NARCOTICS ALLIANCE at longer qualify as a Riparian Habitat(see months who drink water containing YOU ARE HEREBY NOTIFIED that in NOTICE OF TRUSTEE'S SALE Located:Pima,Arizona Original Trustor: 270 S. STONE AVE., TUCSON, Case Report of OV9-03-28);and nitrate in excess of the MCL could ' case of your failure to appear and The following legally described trust Frances Casorla, 2886 North Mountain ARIZONA 85701. WHEREAS,On February 18, 2004 the become seriously ill and, if untreated, defend within the time applicable, property will be sold, pursuant to the Creek Way,Tucson,AZ 85745 Current In some circumstances, a person Town Council adopted Ordinance No. may die.Symptoms include shortness of JUDGMENT BY DEFAULT MAY BE power of sale contained in that certain Trustee: Cal-Western Reconveyance claiming a lawful interest in property may (0)04-07, which removed the adjacent breath and blue-baby syndrome." RENDERED AGAINST YOU FOR ALL Deed of Trust and Assignment of Rents Corporation,525 East Main Street,P.O. file an application pursuant to A.R.S. § 35 parcels from the District and voted to For more information, please contact THE RELIEF REQUESTED BY YOUR recorded on November 4, 1997, in Box 22004, El Cajon CA 92022 9004, 13-4310(B) to obtain a hearing on the continue the consideration of the subject Karen Hartwell of yl Technology at 520- SPOUSE IN THE PETITION. Docket 10665, Page 1061, records of 1(800)546 1531 Current Beneficiary: provisional return of the property panel's removal until after further study, 625-1671. YOU ARE CAUTIONED that in order to Pima County, Arizona, which was Mortgage Electronic Registration pending the outcome of a judicial including a site visit, by Council Pub:The Daily Territorial appear and defend,you must file by mail thereafter assigned pursuant to that Systems, Inc. do Homecomings proceeding on the forfeiture. Any members;and March 29,30,31,2004 or in person a proper response in writing Assignment of Beneficial Interest under Financial Network, Asset Resolution application for such a hearing must WHEREAS, members of the Town Req:YI Technology with the Clerk of this Court, Deed of Trust recorded October 15, Division, 9350 Waxie Way, San Diego comply with the requirements of A.R.S.§ Council visited the property on March 4, pnbreakers jw accompanied by the necessary filing fee, 2003, at Docket 12156, Page 1823, CA 92123 Original Principal Balance as 13-4311(E)and(F)when filed with the 2004 and reviewed additional within the time required. You are records of Pima County, Arizona (the Shown on Deed of Trust: $146,000.00 court.Any such application must be filed information presented by staff regarding required to mail a copy of any response "Deed of Trust"),at public auction to the Deed of Trust Recording Information: within fifteen(15)days of the notice or the status of vegetation on the property NOTICE OF THE PIMA COUNTY to Petitioner at the address listed below. highest bidder on the main courthouse Recording Number: 20022220810, actual knowledge of the seizure for relative to the Riparian Habitat criteria BOARD OF SUPERVISORS RCP 10(d),ARS 12-311,RCP 5. steps of the Pima County Superior Court Docket: 11928, Page: 3359, Date: forfeiture. set forth in Chapter 2 of the Oro Valley Pursuant to A.R.S. & 38-431, NOTICE Copies of the Petition for Dissolution and located at 110 West Congress Street, November 18,2002 County Assessor's The property was seized on February Zoning Code Revised. IS HEREBY GIVEN that the Pima other court papers filed in this case may Arizona, in Pima County, on May 26, Tax Parcel Number: 103-18-05907 24, 2004. If you have not previously NOW,THEREFORE,BE IT ORDAINED County Board of Supervisors shall hold a be obtained by contacting the Clerk of 2004,at 11:00 o'clock a.m.of said day. Subject Real Property (Address or received notice of its seizure for by the Mayor and the Council of the public hearing on Tuesday, April 13, the Superior Court, Pima County, The sale will be made for cashier's Location): 2886 North Mountain Creek forfeiture, this is notice pursuant to Town of Oro Valley: 2004,at the hour of 9:00 a.m.or soon located ata 110 W. Congress, Tucson, check or other form of payment Way, Tucson AZ 85745 Subject Real A.R.S.§13-4306(C). SECTION 1.The Council hereby adopts thereafter to hear oral and/ or written Arizona 85701.RCP 4.1(e). satisfactory to the Trustee (payable at Property (Legal Description): Lot 47 of DATED this 23rd day of March,2004. the zoning map removing parcel number comments concerning a proposed The name and address of the Petitioner the time of sale or as allowed by the SILVER CREEK,according to the map BARBARA LAWALL PIMA COUNTY 224-28-143A from the Riparian Habitat - Ordinance to regulate the intersection of is: Barbara R. Pearson 1970 W. Trustee under Arizona law),but without of record in the office of the County ATTORNEY /s/ PAUL L. LAURITZEN Protection Overlay District. Drexel Road and Hopdown Lane in Pima Valencia Apt.399 Tucson,AZ 85746 covenant or warranty, express or Recorder of Pima County, Arizona in Deputy County Attorney SECTION 2. The effective date of the County, Arizona. The Hearing will be SIGNED AND SEALED this date:MAR implied, regarding title, condition, Book 49 of Maps and Plats at Page 71. APPENDIX ONE zoning map amendment shall be thirty held in the Board of Supervisors Hearing 12 2004 possession or encumbrances,to pay the NOTICE IS HEREBY given pursuant to (A)U.S.CURRENCY IN THE AMOUNT days after the adoption of this Ordinance Room, 110 West Congress, 1st Floor, PATRICIA A. NOLAND, Clerk of the obligations secured by the Deed of ARS Sec.33-808 that the Subject Real OF$1036.00 by the Town Council. Tucson Arizona. Superior Court (SUPERIOR COURT Trust. Property will be sold pursuant to the Pub:The Daily Territorial SECTION 3. If any section,subsection, PUBLISH:The Daily Territorial SEAL) By /s/ Michael Reiser Deputy The following additional information power of sale under the above described March 30,2004 sentence,clause, phrase, or portion of March 29,30,31,2004 Clerk concerning the trust real property, the Deed of Trust, at public auction to the Req:Pima County Attorney this Ordinance is for any reason held to pnhopdown jw Requests for reasonable Deed of Trust and the trustee's sale is highest bidder at the below date,time, pn$1,036.00 jw be invalid or unconstitutional by the accommodation for persons with hereby provided: and place. In accordance with ARS decision of any court of competent disabilities must be made to the Division Street Address or Identifiable Location: SEC.33-808(B),time of sale is between jurisdiction,such decision shall not affect assigned to the case by parties at least 621 W.Tiger Place,Green Valley,AZ 9 a.m.and 5 p.m.at a specific place on NOTICE OF THE PIMA COUNTY the validity of the remaining portions Sales Notice three(3)judicial days in advance of a 85614 the Subject Real Property, at the BOARD OF SUPERVISORS thereof. scheduled court proceeding. Legal Description: Lot 199, of the courthouse or at a specific place at the Pursuant to A.R.S. & 38-431, NOTICE SECTION 4.All Oro Valley Ordinances, NOTICE OF PUBLIC SALE PUBLISH:The Daily Territorial Greens at Santa Rita Springs,per Map principal place of business of Trustee. IS HEREBY GIVEN that the Pima Resolutions, or Motions and parts of FIESTA SELF STORAGE,ACCORDING March 23,30,2004 recorded in Book 49,Page 42 of Maps Date: May 18, 2004 Time: 11:30 AM County Board of Supervisors shall hold a Ordinances, Resolutions or Motions of TO PROVISIONS OF THE ARIZONA April 6,13,2004 and Plats,in the Pima County Recorder, Place:At the East Steps of the Superior public hearing on Tuesday, April 13, the Council in conflict with the provisions LAW, ARTICLE 1 SECTION 33-1701- smpearson jw Pima County,Arizona.Except all Gold, Court Building, 110 West Congress, 2004,at the hour of 9:00 a.m.or soon of this Ordinance are hereby repealed. 1706 HEREBY NOTICE OF PUBLIC Silver and Cinnabar as reserved in the Tucson, Arizona. Cal-Western thereafter to hear oral and/ or written PASSED AND ADOPTED by the Mayor SALES.THE SALE IS TO SATISFY A Canoa Land Grant. Reconveyance Corporation,A Licensed comments concerning a proposed and Council of the Town of Oro Valley, LIEN AND WILL BE HELD AT:FIESTA SUMMONS Tax Parcel Number 304-19-713 Escrow Agent,By Fidelity National Title Ordinance to regulate the intersection of Arizona this 17th day of March;2004. SELF STORAGE 5600 S. 12TH AVE. SUPERIOR COURT OF ARIZONA, Original Principal Balance:$150,000.00 Company, Agent. By/s/Gerri Sheppard Santa Marta and Santa Elena in Pima /s/Paul H.Loomis,Mayor TUCSON, ARIZONA 85706 ON COUNTY OF PIMA Current Beneficiary's Name and State of CA),County of Orange)ss.On County, Arizona. The Hearing will be ATTEST:/s/Kathryn E.Cuvelier,Town THURSDAY,APRIL 29,2004. In re the Marriage of: Lisa Linette Address:Paul G.Warthen,an unmarried 2-13-04 before me,the undersigned, a held in the Board of Supervisors Hearing Clerk AT APPROXIMATELY 9:30 A.M. AND Fishback Beverford Petitioner,and Jack man,1441 E.Captain Dreyfus,Phoenix, Notary Public in and for said state, Room, 110 West Congress, 1st Floor, APPROVED AS TO FORM;/s/Mark J. WILL BE CONDUCTED BY UNIVERSAL Edosma Beverfdrd Respondent. CASE AZ 85022 personally appeared Gerri Sheppard Tucson Arizona. Langlitz,Town Attorney AUCTIONS. A PUBLIC SALE OF THE NO: D20040850 SUMMONS Edgar B. Original Trustor's Name and Address: personally known to me to be the person PUBLISH:The Daily Territorial Pub:The Daily Territorial CONTENTS OF THE STORAGE Acuffa James F. O'Shields and Dee J. whose name is subscribed to the within March 29,30,31,2004 March 29,30,31,2004 SPACES NAMED BELOW, WITH THE THE STATE OF ARIZONA TO THE O'Shields,husband and wife,P.O.Box instru-ment and acknowledged to me pnsantamarta jw CONTENT SOLD TO THE HIGHEST ABOVE NAMED RESPONDENT: Jack 1199 Green Valley,AZ 85622 that she executed the same in her APRIL 1, 2004 The Daily Territorial PAGE 17 Hearing following Judge or Court Commissioner: informal proceeding,file a claim in court. 4307 and 13-4311 that an action as RESOLUTIONS, ORDINANCES, AND COUNTY,ARIZONA,UNDER THE 110 W.Congress Tucson,AZ 85701 When a claim is filed,whether initially or described in the caption above is RULES OF THE TOWN OF ORO NATIONAL FLOOD INSURANCE You may appear in person or by your after the informal proceeding, the pending in Pima county Superior court in VALLEY IN CONFLICT THEREWITH; PROGRAM Notice Attorney at the Scheduled Hearing. forfeiture is finally determined by the which the State of Arizona claims that PRESERVING THE RIGHTS AND On February 8,1999,the Department of A copy of the Petition For Change of Court and not by the attorney for the the property described in Appendix One, DUTIES THAT HAVE ALREADY Homeland Security's Federal "' NOTICE OF HEARING Name is attached hereto for your State. hereto, incorporated by reference, is MATURED AND PROCEEDINGS THAT Emergency Management Agency COURT, reference. There are advantages to either forfeited.The property has been seized HAVE ALREADY BEGUN identified Special Flood Hazard Areas ARIZONA SUPERIOR PIMA /s/PATRICIA VILLEGAS,Petitioner procedure depending upon the for forfeiture by the State of Arizona THEREUNDER. (SFHAs)in the Town of Marana and in COUNTY Address: 1055 W. Hawk Way Amado, circumstances of the case. Choosing pursuant to A.R.S §§ 13-2314(G), 13- WHEREAS,in October 1996,the Town the unincorporated areas of Pima In the Matter of the Guardianship of AZ 85645(520)481-0125 one procedure instead of the other may 3405, 13-2317, and 13-4301, et seq. of Oro Valley adopted Ordinance No.(0) County,Arizona,through issuance of a Diana M. Nava Minor(s) NO. PUBLISH:The Daily Territorial have serious consequences to you.You The seizure was made by the 96-31 creating a Riparian Habitat Flood Insurance Rate Map(FIRM). The GC20040225 NOTICE OF HEARING March 11,18,25,2004 may need to consult a lawyer before COUNTER NARCOTICS ALLIANCE Protection Overlay District, Article 10-7 Mitigation Division has determined that (Appointment of Guardian) April 1,2004 making a decision to file either type of and took place in Pima County,Arizona, of the Oro Valley Zoning Code Revised modification of the elevations of the flood NOTICE IS GIVEN that the court will hrcarrillo ap petition or a claim or to refrain from filing on January 7,2004. OVZCR);and having a 1-percent chance of being consider the Petition for Appointment of anything. Any person claiming a lawful interest in WHEREAS, in April 2000, the Town equaled or exceeded in any given year Guardian(s) of Minor(s) on April 26, If no petition or claim is timely filed, any of the defendant property must file a Council adopted Ordinance No.(0)00- (base flood)for certain locations in these 2004, at the hour of 10:00 a.m. at the forfeiture of all interest in the defendant proper,timely,and verified claim in Pima 12 which placed a number of additional communities is appropriate. The court designated above,the address of property of any person who does not so County Superior Court using the above properties within the Riparian Habitat modified Base Flood Elevations(BFEs) which is 110 W. Congress, Tucson, petition or claim will result. caption and satisfying the requirements Protection Overlay District,including the revise the FIRM for the communities. Arizona 85701. Public Notice Any petition must be mailed to the of A.R.S.§§ 13-4311(E)and(F)within 36 parcels which were designated a The changes are being made pursuant DATED:3-22-04/s/(Petitioner) attorney for the State: Forfeiture Unit thirty(30)days of service of this Notice. resource category of "Degraded to Section 206 of the Flood Disaster THIS IS A LEGAL NOTICE. YOUR NOTICE OF PENDING FORFEITURE Pima County Attorney 1400 Legal This claim is separate from and in Mesquite Bosque"Habitat;and Protection Act of 1973(Public Law 93- RIGHTS MAY BE AFFECTED. ESTE IN THE MATTER OF:U.S.CURRENCY Services Building 32 North Stone addition to an Answer to a Complaint. WHEREAS, Chapter 2 of the OVZCR 234) and are in accordance with the ES UN AVISO LEGAL. SUS IN THE AMOUNT OF$477.00;BLUE Tucson,Arizona 85701-1412 The Claim must comply with the does not define the Riparian Habitat National Flood Insurance Act of 1968,as DERECHAS PODRIAN SER BALISTIC VEST;PELOUZE Any claim filed must be filed in Pima requirements of A.R.S. §§ 13-4311(E) category of "Degraded Mesquite amended(Title XIII of the Housing and AFECTADAS. DIGITAL SCALE;AGCINT-INITRAC County Superior Court.The Claim must and (F). A.R.S. §§ 13-4311(E)and (F) Bosque".In September 2000,the Town Urban Development Act of 1968,Public FILED PATRICIA A. NOLAND CLERK AK-47 7.62X39 AC0069762; use the caption on this notice, and a require the following: Council amended the Riparian Habitat Law 90-448),42 U.S.C.4001-4128,and SUPERIOR COURT 04 MAR 23 AM ROMARM-CUGIR 7.62X39 copy sent to both the above attorney for E. The claim shall be signed by the Protection Overlay District zoning map to 44 CFR Part 65. 10:02 BY:C.LINNERTZ,DEPUTY RIFLE 1-00321-99 the State and the seizing agency claimant under penalty of perjury and change the "Degraded Mesquite A hydraulic analysis was performed to Pub:The Daily Territorial IN THE MATTER OF:U.S.CURRENCY COUNTER NARCOTICS ALLIANCE at shall set forth all of the following: Bosque" designated properties to the incorporate the effects of alluvial fan .4 March 25,2004 IN THE AMOUNT OF $477.00; BLUE 270 S. STONE AVE, TUCSON 1.The caption of the proceeding as set "Intermediate Xeroriparian-B" Habitat flooding,channelization,an erosion wall, April 1,8,15,2004 BALISTIC VEST;PELOUZE ARIZONA 85701. forth on the notice of pending forfeiture category of Riparian Habitat defined in and a con-arch culvert along Ruelas Req:Margarita V.Leon DIGITAL SCALE;AGCINT-INITRAC In some circumstances, a person or complaint and the name of the Chapter 2 of OVZCR;and Wash. This has resulted in increases hrnava jw AK-47 7.62X39 AC0069762; claiming a lawful interest in property may claimant. WHEREAS, the subject parcel was and decreases in SFHA width and ROMARM-CUGIR 7.62X39 file an application pursuant to A.R.S.§ 2.The address at which he will accept included in the September 2000 re- increased and decreased BFEs for RIFLE 1-00321-99 13-4310(B) to obtain a hearing on the future mailings from the court or attorney designation action (Ordinance No. (0) Ruelas Wash. The table below indicates NOTICE OF HEARING ARIZONA SEIZED IN COUNTER NARCOTICS provisional return of the property for the state. 00-23) and is currently designated as existing and modified BFEs for selected SUPERIOR COURT,PIMA COUNTY ALLIANCE CASE NUMBER: pending the outcome of a judicial 3. The nature and extent of the "Intermediate Xeroriparian-B" Habitat; locations along the affected lengths of In the Matter of the Estate of Joan Carol M04022710 NO. 20040342UC01 proceeding on the forfeiture. Any claimant's interest in the property. and the flooding source(s)cited above. Rivers 7/27/38 Deceased No. NOTICE OF PENDING FORFEITURE application for such a hearing must 4. The time, transferor and WHEREAS,since September 2000,the Existing BFE PB20040169 NOTICE OF HEARING ON MAKING UNCONTESTED comply with the requirements of A.R.S.§ circumstances of the claimant's hydrologic conditions of the area Modified BFE PETITION IN FORMAL TESTACY FORFEITURE AVAILABLE 13-4311(E)and(F)when filed with the acquisition of the interest in the property. encompassing the subject parcel, as Location (feet)* (feet)" PROCEEDINGS(For Publication) YOU ARE HEREBY GIVEN NOTICE court.Any such application must be filed 5.The specific provisions of this chapter well as 35 adjacent parcels, have Approximately 7,000 feet downstream of NOTICE IS GIVEN that a Petition has pursuant to A.R.S. § 13-4307 and 13- within fifteen(15)days of the notice or relied on in asserting that it is not subject substantially changed due to the Dove Mountain Boulevard been filed requesting Either, it that a 4309 that the State of Arizona claims actual knowledge of the seizure for to forfeiture. cumulative effects of:1)development of 2 3 document purporting to be the Last Will that the property described in Appendix forfeiture. 6. All facts supporting each such nearby properties;2)loss of a consistent 1 Approximately 6,300 feet downstream of decedent be admitted to probate.OR, One, hereto, is forfeited to the State of The property was seized on February 27 assertion. water supply (diverted water flow and of Dove Mountain Boulevard X a judicial finding that the decedent left Arizona pursuant to A.R.S §§ 13- 2004. If you have not previously 7. Any additional facts supporting the lower level of water table); and 3) 2 3 no Will and determining the heirs.AND, 2314(G), 13-3405, and 13-2317. and received notice of its seizure for claimant's claim. deterioration of onsite vegetation due to 2Approximately 2,400 feet downstream that Letters of Personal Representative 13-4301. et seq. The attorney for the forfeiture, this is notice pursuant to 8.The precise relief sought. lack of water,such that the parcels no of Dove Mountain Boulevard be issued to Karen Yvette Rotan State has chosen to make uncontested A.R.S.§13-4306(C). F.Copies of the claim shall be mailed to longer qualify as a Riparian Habitat(see 3 2 - •Papers relating to the estate are on file forfeiture available. DATED this 24th day of March.2004 the seizing agency and to the attorney Case Report of OV9-03-28):and 1Approximately 2.200 feet downstream with the Clerk of the Superior Court and The estimated value of all the seized BARBARA LAWALL PIMA COUNTY for the state.No extension of time for the WHEREAS, On February 18, 2004 the of Dove Mountain Boulevard are available for inspection. property:$702.00 ATTORNEY /s/ PAUL L. LAURITZEN filing of a claim may be granted Town Council adopted Ordinance No. 3 2 Hearing has been set to consider the On February 27,2004 the property was Deputy County Attorney In addition to filing a proper and timely (0)04-07, which removed the adjacent *Depth in feet above ground or Petition on April 16,2004 2004 at 9:30 seized for forfeiture at 5625 E. 20TH APPENDIX ONE claim in Pima County Superior Court, . 35 parcels from the District and voted to 1 Town of Marana am o'clock,at the Pima County Courts ST.,TUCSON ARIZONA. • (A)U.S.CURRENCY IN THE AMOUNT copies of the.claim must be mailed to the continue the consideration of the subject 2Unincorporated areas of Pima County Building, 110 West Congress, Tucson, Any person claiming to be an owner or OF$477.00 seizing agency, the COUNTER parcel's removal until after further study, Under the above-mentioned Acts of Arizona. interest holder in any of the defendant (B) BLUE BALISTIC VEST NARCOTICS ALLIANCE, and to the including a site visit, by Council 1968 and 1973, the,Mitigation Division DATED: __ Is/ Petitioner/Attorney property must within thirty (30) days of (C) PELOUZE DIGITAL SCALE attorney for the State, PAUL G. members;and must develop criteria for floodplain Address: this notice either (a) file a Petition for (D) AGCINT-INITRAC AK-47 7.62X39 LAURITZEN. WHEREAS. members of the Town management. To participate in the LYOU ARE RESPONSIBLE FOR Remission or Mitigation with the State's AC0069762 Failure to file a proper and timely claim Council visited the property on March 4, National Flood insurance Program PROTECTING YOUR INTERESTS. attorney or (b) file a Claim with the (E) ROMARM-CUGIR 7.62X39 will result in the forfeiture of all interest. 2004 and reviewed additional (NFIP), the community must use the This matter may not be independently Court. You may not file both. When RIFLE 1-00321-99 By law no extension of time for the filing information presented by staff regarding modified BFEs to administer the investigated or verified by the court. If referencing this case, use only the Pub:The Daily Territorial of a clam may be grated. the status of vegetation on the property floodplain management measures of the you object to any part of the petition,you complete caption above —even if you April 1,2004 If you have not previously received relative to the Riparian Habitat criteria NFIP. These modified BFEs will also be must file a written objection with the are only petitioning/claiming one item. Req:Pima County Attorney notice of its seizure for forfeiture,this is set forth in Chapter 2 of the Oro Valley used to calculate the appropriate flood court describing the legal basis for your Whether a claim or petition is selected,it pn$477.00 ap notice pursuant of A.R.S.§13-4306(C). Zoning Code Revised. insurance premium rates for new objection. Failure to file a written must comply with the requirements of DATED this 4th day of March,2004. NOW,THEREFORE,BE IT ORDAINED buildings and their contents and for the objection may jeopardize your interest. A.R.S.§§13-4311(E)and(F).A.R.S.§§ BARBARA LAWALL PIMA COUNTY by the Mayor and the Council of the second layer of insurance on existing Without your written objection, you 13-4311(E)and(F)provide: ATTORNEY /s/ PAUL L. LAURITZEN Town of Oro Valley: buildings and contents. should expect the requested relief will be E. The claim shall be signed by the NOTICE OF PENDING FORFEITURE Deputy County Attorney SECTION 1.The Council hereby adopts Upon the second publication of notice of granted.If you question any other action claimant under penalty of perjury and IN THE MATTER OF: ONE APPENDIX ONE the zoning map removing parcel number these changes in this newspaper, any of the fiduciary, file an appropriate shall set forth all of the following: RESIDENCE LOCATED AT 4170 N. (A) ONE RESIDENCE LOCATED AT 224-28-143A from the Riparian Habitat person has 90 days in which he or she written petition or motion with the court. 1.The caption of the proceeding as set CAMINO GACELA (PC), FLECHA 4170 N. CAMINO GACELA (PC), Protection Overlay District. can request,through the Chief Executive This is a legal matter. If you have forth on the notice of pending forfeiture CAIDA RANCH ESTATES NO 5 LOT FLECHA CAIDA RANCH ESTATES NO SECTION 2. The effective date of the Officer of the community, that the questions, seek legal advice from an or complaint and the name of the 242, RECORDED IN THE OFFICE OF 5 LOT 242, RECORDED IN THE zoning map amendment shall be thirty Mitigation Division reconsider the attorney.You have the right to represent claimant. THE PIMA COUNTY RECORDER IN OFFICE OF THE PIMA COUNTY days after the adoption of this Ordinance determination. Any request for yourself. If you represent yourself you 2.The address at which he will accept DOCKET 1174 PAGE 2993, RECORDER IN DOCKET 11774 PAGE by the Town Council. reconsideration must be based on must correctly follow court procedures. future mailings from the court or attorney INCLUDING ALL BUILDINGS, 2993, INCLUDING ALL BUILDINGS, SECTION 3.If any section,subsection, knowledge of changed conditions or new FILED PATRICIA A. NOLAND CLERK, for the state. FIXTURES, STRUCTURES AND FIXTURES, STRUCTURES AND sentence,clause, phrase, or portion of scientific or technical data. All interested SUPERIOR COURT 2004 MAR 16 AM 3. The nature and extent of the APPURTENANCES THERETO; 1996 APPURTENANCES THERETO this Ordinance is for any reason held to parties are on notice that until the 90-day 10:18 claimant's interest in the property. FORD ECONOLINE VIN: (B) 1996 FORD ECONOLINE VIN: be invalid or unconstitutional by the period elapses,the Mitigation Division's Pub:The Daily Territorial 4. The time, transferor and 1 FTFE24H1THA00750 AZ LIC: TEMP; 1 FTFE24H1THA00750,AZ LIC:TEMP decision of any court of competent determination to modify the BFEs may March 18,2004 circumstances of the claimant's ACCU-LAB FLOOR SCALE S/N (C) ACCU-LAB FLOOR SCALE S/N jurisdiction,such decision shall not affect itself be changed. Req:Karen Yvette Rotan acquisition of the interest in the property. 0382AP038;HP COPIER/PRINTER S/N 0382AP038 the validity of the remaining portions Any person having knowledge or wishing hrrivers jw 5.The specific provisions of this chapter MY360064F5; NOKIA CELL PHONE; (D) HP COPIER/PRINTER S/N thereof. to comment on these changes should relied on in asserting that it is not subject TWO (2) HAND TRUCKS; THREE (3) MY360064F5 SECTION 4.All Oro Valley Ordinances, immediately notify: to forfeiture. RYOBI POWER DRILLS; GENERIC (E)NOKIA CELL PHONE Resolutions, or Motions and parts of The Honorable Bobby Sutton,Jr. NOTICE OF HEARING 6. All facts supporting each such GENERATOR S/N 189008; (F)TWO(2)HAND TRUCKS Ordinances, Resolutions or Motions of Mayor,Town of Marana IN THE SUPERIOR COURT OF THE assertion. INTRATECH TEC 9,9MM,S/N 136205 (G)THREE(3)RYOBI POWER DRILLS the Council in conflict with the provisions 13251 North Lon Adams Road STATE OF ARIZONA IN AND FOR 7. Any additional facts supporting the SEIZED IN COUNTER NARCOTICS (H) GENERIC GENERATOR S/N of this Ordinance are hereby repealed. Marana,AZ 85653 THE COUNTY OF PIMA claimant's claim. ALLIANCE CASE NUMBER: 189008 PASSED AND ADOPTED by the Mayor OR In re the Name Change of ALEXIS 8.The precise relief sought. M04010701 NO. C20041174 NOTICE (I) INTRATECH TEC 9, 9MM, S/N and Council of the Town of Oro Valley, The Honorable Sharon Bronson JASMINE CARRILLO and PABLO F.Copies of the claim shall be mailed to OF PENDING FORFEITURE MICHAEL 136205 Arizona this 17th day of March,2004. Chair, Pima County Board of EZEQUIEL CARRILLO,Minor Children. the seizing agency and to the attorney D.ALFRED Pub:The Daily Territorial /s/Paul H.Loomis,Mayor Supervisors CASE NO. C20040858 NOTICE OF for the state.No extension of time for the TO: GE CAPITAL CORP. P.O. BOX March 30,31,2004 ATTEST:/s/Kathryn E.Cuvelier,Town 130 West Congress Street,11th Floor HEARING ON PETITION- FOR filing of a claim may be granted. 16040 MINEAPOLIS,MN 55416 April 1,2,2004 Clerk Tucson,AZ 85701 CHANGE OF NAMES DEBORAH A.R.S. § 13-4309 provides that when GELCO CORPORATION 23311 Req:Pima County Attorney APPROVED AS TO FORM;/s/Mark J. Pub:The Daily Territorial BERNINI uncontested forfeiture is made available MADERO ST. MISSION VIEJO, CA pn96ford jw Langlitz,Town Attorney March 25,2004 TO: PABLO FRANCISCO CARRILLO and a Petition for Mitigation or 92691 Pub:The Daily Territorial April 1,2004 Address Unknown Remission is filed with the attorney for , HOFFMAN SOUTHWEST March 29,30,31,2004 Req:Michael Baker Jr.,Inc. PLEASE TAKE NOTICE that the above the State, an informal procedure is CORPORATION 23311 MADERO ST. April 1,2004 pnchanges ap named petitioners have petitioned this permitted to determine whether the MISSION VIEJO,CA 92691 ORDINANCE NO.(0)04-11 Req:Town of Oro Valley Court pursuant to A.R.S. Sections 12- petitioner's interest will be maintained in VERONICA OZUMA LOPEZ 180 W, AN ORDINANCE OF THE TOWN OF pnor04-11 jw 601 and 12-602 for a Change of Name whole or in part.The procedure usually VALENCIA#D69 TUCSON,AZ 85706 ORO VALLEY, ARIZONA AMENDING CHANGES ARE MADE IN to: ALEXIS JASMINE VILLEGAS and takes less than ninety days from this WORLD SAVINGS BANK, FSB 1901 THE ZONING MAP DEPICTING THE DETERMINATIONS OF BASE FLOOD PABLO EZEQUIEL VILLEGAS. notice,and allows negotiation amongthe HARRISON ST.OAKLAND,CA 94612 RIPARIAN HABITAT PROTECTION g ELEVATIONS FOR THE TOWN OF Objections to the requested Changes of parties. IBARRA FERNANDO S. ZAYAS 4170 OVERLAY DISTRICT BY REMOVING CHANGES ARE MADE IN MARANA,PIMA COUNTY,ARIZONA, Names must be made with the above Any party whose interest,or any part of N. CAMINO GACELA TUCSON, AZ PARCEL NUMBER 224-28-143A, DETERMINATIONS OF BASE FLOOD UNDER THE NATIONAL FLOOD named Court on or before the hearing it,is declared forfeited by the attorney for 85718 LOCATED SOUTH OF THE CANADA ELEVATIONS FOR THE TOWN OF INSURANCE PROGRAM scheduled for 1:00 PM, Thursday, the the State, may, within thirty (30) days YOU ARE HEREBY GIVEN NOTICE DEL ORO WASH AND WEST OF MARANA AND THE 8th day of April, 2004 before the after the mailing of the declaration in the pursuant to A.R.S. §§ 13-4306(C), 13- ORACLE ROAD,AND REPEALING ALL UNINCORPORATED AREAS OF PIMA On February 8,1999,the Department of