Loading...
HomeMy WebLinkAboutOV90407 THE LENIHAN LAW FIRM, P.,. 1050 East River Road, Suite 300 Tucson, Arizona 85718 (520)293-1702/Fax (520)293-0539 � 3 email: lenihanlaw@usa.net 0 2004 July 27, 2004 JUL 3 a VIA FACSIMILE WITH HARD COPY TO FOLLOW Mr. Bryant Nodine Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Fax: 742-1022 Re: La Reserve Dear Bryant: I am writing to follow up on our meeting of last week regarding our LaReserve property. In our meeting, you committed to canceling the August 3, 2004 Planning and Zoning Commission Hearing and the August 4, 2004 Mayor and Council Meeting as to the Riparian Habitat designation on our property. You also indicated you would confirm this to us in writing. To date, while this has been confirmed verbally by Brent Sinclair to Duff Hearon, we have not received any written confirmation. Please provide this to us immediately. Otherwise we will need to attempt to prepare for the hearings with very little notice. You also indicated that you would ask Harris Environmental to prepare a draft of any report that they might issue so that we would have the opportunity to obtain input from our consultants prior to a final report being issued by Harris. The report forwarded to us does not contain the word "draft" anywhere on the report. Please confirm that this is in fact a "draft." Mr. Bryant Nodine July 27, 2004 Page 2 Thanks very much. Very truly yours, THE LENIHAN LAW FIRM, P.C. Stephen J. Lenihan SJL:mkg • LHA LA RESERVE, L.LC. 1050 East River Road, Suite 300 Tucson, Arizona 85718 (520)293-1702/Fax (520)293-0539 email: lenihanlaw@usa.net July 29, 2004 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bryant Nodine Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Town Clerk Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: Public Hearing, Ordinance (0)-04- , OV9- 04-97, Request to Amend the Riparian Map Associated with Chapter 10-7 of the Oro Valley Zoning Code Revised to Expand The Town's Riparian Habitat Protection Overlay District By Including a Portion of a Site Located Within the La Reserve Planned Area Development at the Northwest Corner of Pusch Wilderness Drive and North Buck Ridge Drive, Parcel 220-080-08K Planning and Zoning Commission Tuesday August 3, 2004 Town Council, Wednesday, August 4, 2004 Dear Sirs: Pursuant to the provisions of Section 3-112 of the Oro Valley Zoning Code and other applicable ordinances, rules and regulations, please accept this letter as Mr. Bryant Nodine Town Clerk July 29, 2004 Page 2 Written Protest representing 100% of the owners of the "Area of the Property that . . . is included in the proposed ordinance." As you know, the Town is petitioner in this matter. Accordingly, our Written Protest will trigger the requirement that a favorable vote of 3/4ihs of all members of the Town Council shall be required to approve the proposed ordinance. This Written Protest shall apply to the above-referenced hearings as well as any other hearings relating to this ordinance or ordinances of the same subject matter. Sincerely, LHA LA RESERVE, L.L.C. By: The Lenihan Company, Notice Member B Y• Stephen J. enihan, President SJL:mkg Cc: G. Lawrence Schubart, Esq. �P\-t"EY q,9/ TOWN OF ORO VALLEY �o .. NOS CO UNITY DEVELOPMENT DEPAis U UENT Planning and Zoning•Building Safety i ii to- 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 Oro Valley Public Library A 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 ita, Parks and Recreation A' 'lb, 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 °UND ED Ng G__ July 30, 2004 a` Stephen J. Lenihan 7 .. ). ' The Lenihan Law Firm,P.C. 1050 East River Road, Suite 300 ��,C-1 Tucson,Arizona 85718 Jct 'J s Re: La Reserve Riparian Map Amendment(OV9-04- Dear Steve: As indicated in the notices that David Ronquillo e-mailed to you, the August Planning and Zoning Commission and Town Council hearings on this matter have been cancelled. The Harris report was submitted to us as a final report at about the same time that we met, however, we will meet with you and your consultant to discuss the report findings and modify them as warranted. I look forward to discussing this with you in the next two weeks. By August 12, we will decide, based on the information we have on hand, if the item will be noticed for the September meetings. Sincerely, t / , / k_41:_____C - • Bryan odine,AICP Planning and Zoning Administrator www.townoforovalley.com LHA LA RESERVE, L.LC. 1050 East River Road, Suite 300 AUGTucson, Arizona 85718 0 4 2004 (520)293-1702/Fax (520)293-0539 email: slenihan@usa.net August 2, 2004 Mr. Bryant Nodine Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Town Clerk Town of Oro V alley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: Public Hearing, Ordinance (0)-04- , OV9-04-97, Request to Amend the Riparian Map Associated with Chapter 10-7 of the Oro Valley Zoning Code Revised to Expand The Town's Riparian Habitat Protection Overlay District By Including a Portion of a Site Located Within the La Reserve Planned Area Development at the Northwest Corner of Pusch Wilderness Drive and North Buck Ridge Drive, Parcel 220-080-08K Planning and Zoning Commission Tuesday August 3, 2004 To�,I'n cvounci•, Wedne sr.l.►Kay, August d, 2004 Dear Sirs: With respect to the above-referenced public hearing, please find a protest from adjacent property owner, UcUget, L.L.C. Very truly yours, LHA LA RESERVE, L.L.C. „...4,--, Stephen J. Lenihan SJL:mkg Enclosure LHA LA RESERVE, L.LC. AUG 0 4 2004 1050 East River Road, Suite 300 Tucson, Arizona 85718 (520)293-1702/Fax (520)293-0539 email: slenihan@usa.net August 3, 2004 Mr. Bryant Nodine Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Town Clerk Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: Public Hearing, Ordinance (0)-04- , OV9-04-97, Request to Amend the Riparian Map Associated with Chapter 10-7 of the Oro Valley Zoning Code Revised to Expand The Town's Riparian Habitat Protection Overlay District By Including a Portion of a Site Located Within the La Reserve Planned Area Development at the Northwest Corner of Pusch Wilderness Drive and North Buck Ridge Drive, Parcel 220-080-08K Planning and Zoning Commission Tuesday August 3, 2004 Town Council, Wednesday, August 4, 2004 Dear Sirs: Enclosed please find a zoning protest from Bill Estes (Fidelity National Title Trust 50009). I understand that the hearings set forth in the Protest have been canceled;however, the protest,by its terms,would apply to any subsequent hearings relating to the same subject matter. Very truly yours, LHA LA RESERVE, L.L.C. Stephen J. enihan SJL:mkg Enclosure AUG. 3, 2004 11 : 19AM E CO NO. 418 P. 1 AUG 0 4 2004 Mr. Bryant Nodine Planning Director Town of Oro Valley 11 000 N_ LaCanada Drive Oro Valley, AZ 85737 Town Clerk Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: Public Heating, Ordinance (0)-04- ; OV9--04- 97, Request to Amend the Riparian Map Associated with Chapter 10-7 of the Oro Valley Zoning Code Revised to Expand The Town's Riparian Habitat Protection Overlay District By Including a Portion of a Site Located Within the La Reserve Planned Area Development at the Northwest Corner of Pusch Wilderness Drive and North Buck Ridge Drive, Parcel 220-080-08K Planning and Zoning Commission Tuesday August 3, 2004 Town Council, Wednesday, August 4, 2004 Dear Sirs: We are the owners of Pima County Tax Parcel No. 220-11-002X, which is adjacent to the Parcel which is the subject matter of the above-referenced hearings. AUG. 3. 2004 11 : 20AM E > CO N0, 418 P. 2 AUG 0 4 2004 Mr. Bryant Nodine Town Clerk Page 2 Pursuant to the provisions of Section 3-112 of the Oro Valley Zoning Code and other applicable ordinances, rules and regulations, please accept this letter as Written Protest of the proposed ordinance. This Written Protest shall apply to the above-referenced hearings as well as any other hearings relating to this ordinance or ordinances of the same subject matter. Sincerely, Fidelity National Title Trust 50009. . Er 7, ,L nC. 3(cLi y B / y: Its: I CC tsf_G_i-53n t . Date: 7 C-C Y Address: 1 (Q • P1 YIa_'1cf_. Ca d Y-_ Phone:-5 0 - 57 I-,1�J 5 SJL_mkg Cc: Stephen J_ Lenihan 1050 E. River Road #300 Tucson, AZ 85718 NOTICE OF CANCELLATION BEFORE THE ORO VALLEY PLANNING &ZONING COMMISSION AND TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING & ZONING COMMISSION AND THE TOWN COUNCIL IS HEREBY GIVEN: REVIEW: PLANNING & ZONING COMMISSION TIME: at or after 6:00 p. m. on TUESDAY, August 3, 2004 REVIEW: TOWN COUNCIL TIME: at or after 7:00 p. m. on WEDNESDAY,August 4, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater, please contact David Ronquillo, Planner I, at 229-4817 or donquillo@orovalley.net Bayer Vella,AICP Senior Planner Posted: 7-22-04 Time: 4:30 p.m. By: sg .0i .r„,f40 o000p7s;pPoSPPI,Pa ,P107,,0kol,",WX.'/,;,"'; „,...:'?'V,-',/,,,;„'::'.i'5,'•''''',.::-5 l'I?:'';'N''''.''''!!!.%.,.'::'„4;•,;',' A7," ,;!PoPP,,'"i',,,,•:;;P","ki:"''P,...I'O,P,'•'"-'•iil,"2;,*, q' 2, /piss woos oPposporoo po,,,,,,spolosoSof 4,7,77///koo,o, 7-, ,PP 7- ,',, o,", :'''''',-.P."7,:,0 p PPP,7,"7"••A Pi 0%',P,PAPPP,P., ' ",,:`,7P Pfg"a,Po .,P A-..o.""'pp,. fA7 w/o ,op,oppo,„,o 777,,,,,,,,op;,.7777 4,,,,,,:pooppos/sos PO/7',os, PP"; ''7•;,.-,,,'", 7,", o; '"'P P'''.;,P,P,'7,--;-1 P P2-L,••,..,,""Po; ', 2,,O,77 PP s o„7777,,,,P'7,o,',AP,PPO7,PPPP7,"7,,,,,,,„„„... ,.. .,..„..,,„,,„,,,, 47,g,,,o4 ...„,,,„.„,:,, ,,o,,,,,,a,,,,,,,,9,,.,,f.,,,4,.,••••,,..„„.,,/$9, , ,Z ,,',,: '•'',,,•:',,,' , X','-',,:,,,,';'.,„,:,';"'.•'n'' - %1' ,,,,/,,,,:e•"e n;V t4 q p F4,c,,,v;4 CI'',,'''j 1 fi,0''''''',0004'e0T*,0005. ,'0004A0 .-1g0 ,,%IOW 00A0,0,4%e',44,,,,,,,P4 2400•IA=i, /,'•:ac,,:z.,#4*..•,,,,,,/,,,.,,,4,,,,,„444,.,,..,••,, ,,,,,,,••:,,,,,,:V.,,"0 t.",e,o,,,,,,,,e,Wjln,,r:%;,'"',, ,,',',':'''',;',1',1;.•;'1'll'":,. ''''..'''"',''',', ,':,.':' ',, , ,•''r ,r,,,,,,,,,•••ge,,,R,,,,,,,,,,,,,,,,,,,AZ,,,,,,N 0,0,X,,,,/7,,,,,,4",ids'ACA SP'7',Z27. 0074.07,774,/ poss.:,0,,0,0 soo"7.7'p000popo soon 77,,,,,,,,,,,,,,o2,7,705.,„so Isoloo, Pss0,2,,sospo op:op,sppPos000poo,,,,/,,,,,,p,,,,poop7,,,, Px2,;;p7s„?,/7,0,,,,/,7 Ni*,0110000.07A00,:,.T00r1 WIT:;;I:74,,VM0g1n41",,0 '.'7,7AP,so,A.•"' "7--•P P',"''''"'''P.'A O;'P.,ws,,,./o• P,%/, ,NItO"PA ,,PoSPAPPP•"".',•'7 P7''''7•;,, •/'• '"PPAP:7,PP P:-7',',- P0 0 0 7P0P0,'PO.7-7,N.,:PA",„''' P'NNP 0;p s p„o 0 OS 110,0,1,k7o:''''''P'''P" . P/P/POOt•APP,PS,''///,/ "SONSP,P7PPO,PP,77PP"SAP Nr"PAPPASPOO.PNPP/P0IP' A "/-' I'P ''•. '• "7 ''"‘";7"/""•' • 1',, (/; 77o7". 'PP:7'7;7o".., -7;7";:7,o/O,,,,,',7„."7 psoo,„PP""7"PP,PP:W7 ,./p"?.'*P",//7077.„,7,,,(; PPP.;7P.40000,0777.::'S000,7700,0'S 00p77,7"";PONSPO/ONNS0P.PNWA , '-,"PP-"%•s• 4 Ps "A 77• .'-:.,,,, , vP‘,P P s o 0opp",S7 7 „,of , 4/A7 PPP PPrioS;") '5,0 0000000 0401,4094::4,04000/ .1400 4,0 4 ,4„,,,,, " '';• -0,•'04"0000044 4 ;,•07F- 004 40 0 4.0 0'',444 07",4 APP,o,"700-.'4,f4''J.4 7' ,0,,,i4,,,,,-0940,:///,4 ',Ir44,0•-,,.4;00400000••.s.P.P.P.P.Op77,/o4,pop,o•7 7o,Po'•'',.,7,7'•PO':'•,''',•' 7 "., ":'p„, P." ,' , POt g'''":, 0-O',7707\";',,-,P",'IP,4-,PPROPo:/;„4-•"7'op Po'i,,,,PP:PP/P7*-„P"7•P.. . •11///0"//',14 7 0OPPaP77740:77,00possosp,,s ;V;7,';•P7S•.."7,-"Q"'c,,,-'2 ,-,4y,,....-5,'S;,,,'„ ', M.,,,, ',„//,,,,•,. /..1,a,,,,,,„„rd „,„„.,...„..,, ',.,;,-;:,," ,,,,',.'i-, ,'•-:.g;•'•'.---",,, ••,.':-„,;J'-ov..,g1.;;;,•,,,,‘S.0. .1,-,,,P •7.So.,4'7 O',/,'PO 7;',/o;p„.ppso7 POPP soopp,,,7,popopeA0soPo popoPOO7.0%/2o,,oksop//; ,,7,,p 7,,,-7,.•7,,,,.,„,„77,,,, 7.„,,7-popo7,7 77,-,,.77..'" •0,,,,••7/7,77.;OPP,,,,,,,„ A01 AP;AA'A'.,,A,,,,,,'A'VA., /,',AAA4-, A',;'.,,,,,,,A.A.,A;. ./.,AAAA'A,• ZAVA6 r;',.$AM i!ig OP"1 4Aii4 ' '4/.A.,,,.''•A 'A A•''',.'"A',":.•,7','',.A,A....:•A'„'4.AA A,'A.,,,,,,,,A,,,fg 0 4. ,,,',',.,,,,,,<a.',/ ViA,/,,,,f„•.'0"..,,t,gi,.44,,,.•44', , ' -• ;' ' '4-4"' •'','4''''4:44•''4;4;4,'4/',;'''•4 4•, ,, ,''•4 4 W' ',,,,,,,,,,,:.' ,,•4•,,,',‘, /,,.4...,•., ','VAV/114V/WAZ24,,(4'11,10/4:4;ge,V0/44 ..,„:",:,',,,„•4,,••,,,-..,, :':,..,•1,:::%:,,,,,,,;;‘,,,,'4•,f 4,444'4'41r7,17;',.:04',m f,,,-,,r,,,L':,„„i;',.i.,4:.„3.„4,,,e,, ./, ,,.g, .j,//(p, ,',PIPAPPPP.077"*.popoopopPet,o77,000170p40,60.4,07,-'"„7„,P•'7,,7,. „,..,„,:,..,..„.,.,„P. ',/,PP 7,7.'•/.""7. 'SSP ...":..../0:21,4,,,, 4„op0o,00siosos.4S7OPKV,S7"71,..,677/PAPPINV 0 '„ , P ;, 77 /7,,..„,, :77,/,,,,p,o0777, , /7„.op,„,,,,„, , 4"4"rofx„, , (Apx / P,SPP,OPif POPS":"7"Pot,:,,,,•00.1PPirt:10fr:NaOt ..„,;„„,„_, .. .A.,...,i7": "."."774,,,,,•-•,o0/,7,OPO4;e,,,4.77/ 777,,P.0.,p.P!k;/,/Po.,P ,,,,,,,,,,,,,,,,,„,..,77,77,0,000,.o0,,,,„77,777,„,,,,,,7„„.„7,,,,,,,,,,00posodo, , 1--- A,.,•,,:1',',i/••,,.•,•,:,',,Z,0A/1 Cr,,,,.,:,,',4,,;':,*,,,,.K..4,.;.;';;,I.:1!:::1;' ,, •,. •,•:.-;,,,„,,,,•, : .', ',/,•• :...:;,1,,,,.4,'T,PI I,••-;',.„2,t:,„,','4,"„'o:-,7'10"„,1!,t•o*,'p"".,,;:!0"';-,,t.;''4,:::4'4's4.i,7:,,;P',';P4,/,„,','„,,‘:';7,•,',:'';0',.„.1;•0;,„,'';0,,',,;,7•„,.4"t„40,,,A0,.",o",4.''.•,P/.;7A,:,:,'/•:;,1;g„.'::;s'l•P,,:.74ow0T o,.,',?•,,•,,;,'.,.,,../:,41./1fi Ppsgs-,1..t::/.-o,P,/,o,7,,4,g,',,-;,,:0,7;s,,4;,o;7;,"O.P,p,,',,"p:,,P,7,..,7.:;.p,4.,77,,..,•.SNpV,P,SoI,"P7,i.,,:,e,(9S;s4,,.1/c0o,,"/;,p„/74;7/,,,0:v,,,0,.,/x,9,,"4N,,',,,4P,P,,/V,P.0*,7,,,",#J,p,0,;""4',/,,4,'S,,",‘k,',,,*S41",;4P 0P"7:W/A;,',/;1A2)7%/4,04,,,1(,,,'"' ,•;'•A, , / ,S, ,77,,,•gP,s•>,',0,s,,,,,,!i,W,,-6,ppg,%:7,,"Zh,,o.:•'0?P,,,7":,,.„7 P.,.0:,::E,:4'4.,A,p.P;",,;43,,P0•7P„7',,,"'04o,.7.,s".PS,e7,,4gp:,0,,,,P,O,,~P%,0P,,o/;,p,,l,Z,T0P:o,,,s4,7P:0O::,:;P:,:",A0,tPPAA-,0=IW,04 0000000 744/s000 i:P,o:*,,iN"P,0t,i?,;,,*,,!,,Y•,W A OV-0,OP/0,.ft:Mi,W,:,gp,,,I,A0,'N,,,'o04P'P/P,A,1P/7OV,/',,S,,40,,>,a97e7O77-,.P,6.A A0.,0,,o74P,4r,.,V,•,,Pi,.fr,/,e.A' • opopoprps,Sp,,,posi,„:;",, APP,O70077i O,,,,,PPOPPSP.,77p,,,,P7p.'ss040,7477pessoo0:60,00,o0o P:„07-7.,P,..;/PPO;; ' , i 040sp0ps,777,70707SPW677,PpSpp/SPAPPSPPOS PP-0PW%W,/' Pio,7,7:70;'7-7,,P,POPPo:::.' "7710,,i Psi, , . !7.. . 7,*,,70,,,,,,,,,,,/,Poo,op'777/p.,700000.,,,,,,,,,,777,7,77„07,,,,s7„,,,,,,,,s,sopPo• / so POPP0,77Pooss,7,007O7,PosPfts,,,,osss,,,psox/opy/,,, ,,,,,,,,, ,,,„,, , , ' ,, , Sp0p,POppoop,7„7774o,„,posstotiAt4Hoo .„4,.,,„601Ppaett.,P5,24•7/ g •,•.P7 "00440' 76F57,, ,e,Mt igf)440V7Agif 7 i •04, , a 1 4• (1 'i•----"'"• .1 ,0 N \-; , '*\'/ /7- '•/ '''',•<' ..1 OV9-04-07 600' . " - :: , .,.. , .,, ....: ,,,,,, / ,,, ' 'e „/ , ,,,0 'a I , "/ 1 • ,' -''' /44*,, #* .., ,.,7. 7 , , It0441%, •4 Cir% V.., . '•%,,," ' 1,1Ir ‘..11 71 .,, .;" IsAwAlifirlui sib / ..„.. .,,•;,,,-;!:'•i'r;:',',',''''','''''''"',i', elm-ff -.in voile ,IN,:-;::::-•' •t;:; v c-../hi pp- ..,, • ..,•:,.,•:,,'•.;‘,„,... ,:••g.g • . ,,,,,,,, g,A, INNosh,, ,. -,,,;,,,,,,,:„:''',:',- :::',"g': , ,. •g:•,;:: ' 47,' ".„'",;.•- %;V F4451; '444 '4 I "''45: '',; %g . ••:g4;•',;;Z:''''''4,5F';, ,a,•, „''' ''i:' ,49'ff/0" ir. ' "Po.•S•:,;;000 Pspos,,/' /P,A,O,.°77 /" .'4'''''''''''•''f,'"' ", 4'' ,,,',00:• .440'"• 000,,,,,0001 '111 I ' '--, , ,--;;', %:,.......:, . ,, ,.11-,;.',';,!,,,,-,,'''...NP,4'0,44"'A,41/40 010:';:0/40 4 ,;,00,04,k,,,,Ti,;"0,,„:, ..,4,0„,,,, 1.000,",,v:4.'•:',0•0,.-7.0,:t0-0404-0,0 0 f,•V4„,...,.,,.. , •• 44''./4' • • "A .' ,%,'4 4,0,/4'.,/,,,,, ,lilt t'''"./4 7'41,",•'',,,/ •Pe$14'4/ '''.::','.:44,;"';- •1 4 g '- ' ; 4,'4= 4;44'4 4,44•".";,4%;,44•J'e:;-,,,,'!"';'4,424;we,,-,0.,,P,/, •o.„7"opts.), "p.:,7„,,,o,p,s,,,;'.,.o 7 .' ,.,/,'7,,,,- o'777,7;, "0/0"P''g I g' •7 P;Ploo Pq', PPO 'p,„. „„. op,,,,o;7,7:7 7 ..-„ 7'p;''I,- ,7Po 1.7:7 A7';', P..7,;.'0'"t 11 k:t 7 7,•47,•,.0 O.A S, •OPPNWP7o,/,"/,;/57„p4, '',",g,„ .7" ,,,A7 O , '''',0 F:.,,,X3",/,',•'. • 0,..`000°,40,0, ,f,// 04•• -0000'' :.'"0','::,1,i t",4/,44,4 0:4'00 t:::,,Kr"'4,•:.." 0',:V4,4;,4 A•,,„,,,, ! ,/,,„„,_,,,,„„„,„„ ,„, „,,,„„ .„ .„., , ,., ,.„,,,,.,.. .. ,,...••• •,,,, ,t,;,,,,,,,,!„,„,....,.:::;,.4 0A1:0,4 p00,40,00,4040.,v:;0,- 4X-,,,•, '•'4,4,' •rf•',”4 ::, -,•,. ,,,,,,,,,,,:;:::'•:,,,,:•••:::47:',•:,,•'.,:"4,4','"",•,,,;r••''''','':*,,7m?,''r''',”"'• '-,';' '7. '. ., • , ,'.-,"-,. \ ",• \ • .„ !PP/0,-*" ' ••:,\ \ \ , i ,,,,‘ ,...• ' \\,\,„, ' ... 4, \ '\s,,\„.,,' 1'-''''•; 4 , .,. . , 4 \ , \ \ , . g L 1 • :/ . 1 ,' .. ,. - .4..„g•, N / ('4 : I , it. ,..t. - ,, .-o ...,......„....„.„„„____..., AFFIDAVIT f- PUBLICATION ' STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first .JOYCE W I LSON duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached 0V9--04--07 E I Et PROPOSAL. was printed and published correctly in the regular and entire issue of said THE J. DAILY TERRITORIAL for issues; that was first made i' t hi JULY 04 on the day of 20 19 h and the last publication thereof was made on the day of JULY 04 20 ; that said publication was made on each of the following dates, to-wit: 07/19/04 Request of TOWN OF ORO VALLEY Daily Territorial _.....__ _,,,. Subsc d and s orn to before me this day of 20 1`fit; JULY u i. ry Public in and for the ounty of Pima, State of Ariz. r1704 • My Commission Expires: ( i ". .., ' ' 'y Cv, ,, ;;;ion Expires :�� rEBFtfJAi v 4, 2ot�a • NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING&ZONING CON. ___1N AND TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION AND THE TOWN COUNCIL IS HEREBY GIVEN: REVIEW: PLANNING&ZONING COMMISSION TIME: at or after 6:00 p.m.on TUESDAY,August 3,2004 REVIEW: TOWN COUNCIL TIME: at or after 7:00 p.m.on WEDNESDAY,August 4,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING.ORDINANCE IOC-04- .OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY IN- CLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Plan- ned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner I,at 229-4817 or bvella@orovalley.net /s/Bayer Vella,AICP Senior Planner Pub:The Daily Territorial July 19,2004 Req:Town of Oro Valley prov9-04-07 ap AFFIDAVIT "'r PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) iO Y C"E W I LSON being first duly sworn, deposes and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached i V9-•04-07 NOTICE OF HEARING • was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 26th JULY on the day of 20 6th and the last publication thereof was made on the day of JULY !� . 20 ; that said publication was made on each of the following dates, to-wit: t0/26/04 Request of TOWN OF ORO VALLEY Daily Territorial By Subscri d ands orn to before me this day of 26t h JULY 20 04 Notary Public in and for the Coun y o( Si,r/Sc a. State o rizona My Commission Expire � \ VERONICA B. GOMEZ .) x ., fI _ Notary Public-Arizona t) ` D Pima County Expires 05/31/08 NOTICE OF CANCELLATION BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION AND TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NO- TICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING &ZONING COMMISSION AND THE TOWN COUNCIL IS HEREBY GIVEN: REVIEW: PLANNING&ZONING COMMISSION TIME: at or after 6:00 p.m.on TUESDAY,August 3,2004 REVIEW: TOWN COUNCIL TIME: at or after 7:00 p.m.on WEDNESDAY,August 4, 2004 PLACE: Oro Valley Town Hall,Coun- cil Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING,ORDI- NANCE (0)-04- OV9-04-07, RE- QUEST TO AMEND THE RIPARIAN. MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PRO- TECTION OVERLAY DISTRICT BY IN- CLUDING A PORTION OF A SITE LO- CATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PAR- CEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater, please contact David Ronquillo, Planner I, at 229-4817 or dronctuillo@orovalley.net /s/Bayer Vella,AICP Senior Planner Pub:The Daily Territorial July 26,2004 Reg:Town of Oro Valley hrov9-04-07 ap 1>-\-LEY q,9r�0 TOWN OF ORO VALLEY O COMMUNITY DEVELOPMENT DPARTMILN I Planning and Zoning•Building Safety ® 14. 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 41 Oro Valley Public Library 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 it& �,..�.dA, Parks and Recreation 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 �%noED19 August 17, 2004 Peggy Rau EEC 4625 E. Ft. Lowell Tucson, AZ 85712 Fax: 321-0333 RE: OV9-04-07, Riparian Map Amendment for a portion of Parcel 220-080-08K Dear Peggy: This letter is to follow up our previous conversations regarding this project. It is our understanding that you are acting as the applicant's representative. As expressed in my email on August 6th and a phone message on August 11 th, we wish to schedule a meeting with the property owner to discuss the proposed riparian map amendment and its impacts on the proposed preliminary plat. In fact, Staff previously committed to discuss the proposed riparian amendment prior to scheduling the item for a public hearing. We have proposed several dates to meet and none were satisfactory. Staff is available to meet at your convenience and we remain concerned that the property owner has not been available. Due to the lapse of time without a response from the applicant to meet and discuss the issues, Staff has scheduled the proposed riparian map amendment to proceed to the Planning & Zoning Commission on September 7th and Town Council on October 6th (see attached notice). We would strongly encourage you to meet with us prior to the completion of the Staff reports due on August 27th. Please contact me at 229-4817 if you have any questions. incerely, David Ronquillo Planner Attachments: Public Hearing Notice cc: Steve Lenihan, Fax: 293-0539 Shirley Gay www.townoforovalley.com F:\O V\O V 9\2004\9-04-0 7\ri p a ri an.area.meeting.d o c LHA LA RESERVE, L.L.C. 1050 East River Road, Suite 300 Tucson, Arizona 85718 (520)293-1702/Fax (520)293-0539 email: slenihan@usa.net August 20, 2004 Mr. David Ronquillo, Planner Town of Oro Valley Community Development Department 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: La Reserve Dear Mr. Ronquillo: Peggy Rau of Environmental Engineering Consultants,Inc. has forwarded to me your letter of August 17, 2004. We appreciate the Planning Staff's desire to meet with us. We would,likewise like to meet with the Planning Staff. Your letter, however seriously misstates what has transpired. You state in your letter: "In fact, Staff previously committed to discuss the proposed riparian habitat amendment prier to scheduling the item for a public hearing." This is not and could not be correct. We first learned of the Town staffs attempt to designate part of our property as riparian/natural open space on the Town's Riparian Map from your letter of July 16, 2004 to Ms. Peggy Rau of EEC, our engineers. On July 15, 2004, the Town staff had already mailed the formal notices of the Planning and Zoning Commision and Mayor and Council August 3 and 4, 2004 hearings set to designate part of our property as riparian/natural open space on the Town's Riparian Map. What actually transpired has left us extremely uncomfortable in our recent dealings with the Town. Mr. David Ronquillo August 20, 2004 Page 2 A summary of the history of this project follows. On June 4, 2003, we entered into an agreement to purchase this property. As part of our due diligence (and before we were obligated to purchase of the property),we reviewed the zoning ordinance (the La Reserve PAD), we engaged engineers (MMLA, Inc.) to review various development issues, to delineate a development boundary and to prepare a lot layout. During our due diligence we and our engineers met with the Town staff, both planning and engineering, to determine whether there were any significant development issues with this property. The Town staff never raised the issue of riparian habitat on this property. This was the outcome that would be expected because riparian habitat for the entire La Reserve area of which this is a part had been previously surveyed by the Town and delineated on the relevant public maps that are used in such matters We then met with the Town staff two or three more times (including at least one plat pre-application conference) prior to submitting our plat in the spring of 2004. We made two or three plat submittals and received two or three sets of comments from Town staff and on June 21, 2004, we received a copy of an email from you to Peggy Rau indicating our plat was scheduled for hearing before the Town's Design Review Board on July 13, 2004. Then, on July 7, 2004 we receive a copy of another email from you to Peggy Rau that our project had been placed on hold. The email mentioned several other major planning comments which seemed very odd since the town planning staff had already reviewed the plat in two or three different submittals and given us two or three sets of comments. Our attempts, through Peggy Rau, to find out what these issues were ignored until July 19,2004 when we simultaneously received your letter to Peggy Rau (notifying us of the proposed riparian designation) and the Town's formal notice of Planning and Zoning Commission and Mayor and Council hearings scheduled for just two weeks hence. While we have had a very good relationship with the Town staff for several years, the actions at that point were certainly very concerning to us. We then immediately called the Town and met with Brent Sinclair,Bryant Nodine and Craig Civilier on Wednesday, July 21, 2004. In that meeting, several things were accomplished -- we thought: Mr. David Ronquillo August 20, 2004 Page 3 1. The Town agreed to accept the determination of Arroyo Engineering (an outside consultant selected by the Town)with respect to hydrology matters. In return for the Town agreeing accept the determination of Arroyo Engineering as to hydrology matters,we agreed to engage and pay Arroyo Engineering. At the request of the Town, the Town and we further agreed that neither the Town nor we would meet alone with Arroyo Engineering, but rather we would only meet with Arroyo Engineering when both sides were present. 2. The Town and we agreed to cancel the Planning and Zoning Commission hearing and the Board of Supervisors hearing. Bryant Nodine agreed to give us written notice of the cancellation to avoid any confusion. 3. The Town agreed to have their consultant, Harris Environmental Group, Inc. prepare their initial report relating to riparian habitat in a draft form so that our consultants and we could provide Harris Environmental and the Town with input before a final draft was prepared. This is what has happened since the July 21 meeting: 1. The Town met with Bob Smolinsky of Arroyo Engineering without including us in the meeting. While Arroyo Engineering has issued a letter which appears will result in a resolution of the hydrology matters in a manner that will allow us to proceed with our existing plat, this unilateral meeting concerned us. 2. Our engineers, my partner and I each made calls to Bryant Nodine to obtain the written confirmation(which was promised at our April 21, 2004 meeting) that the August 3 and August 4, 2004 hearing had actually been cancelled. I then put the request in writing on July 27, 2004. It was finally necessary to contact the Clerk of the Town and the Clerk of the Planning and Zoning Commission to confirm that, in fact, the hearings had been cancelled. On July 30, 2004(two business Mr. David Ronquillo August 20, 2004 Page 4 days before the hearing), I finally received confirmation from Bryant Nodine and David Ronquillo that the hearings were cancelled. 3. On July 26, 2004,we received from the Town a riparian habitat report prepared by Harris Environmental (but without the map which we subsequently received). Contrary to our agreement with the Town,the report did not appear to be issued in draft form. Worse, the report which was to be forthcoming when we met with the Town on July 21, 2004,was actually dated July 16, 2004, five days prior to our meeting with the Town. We have since been told that the Town will modify the report "where warranted." With this background in mind, I hope you can understand how my partners and I feel. The clear intent of all parties at the July 21, 2004 meeting with Town staff was that the August 3 and August 4 hearings be cancelled so that both sides could talk further about the riparian habitat and perhaps resolve this matter in a fashion acceptable to both sides. Since that meeting, we found out the report had actually been issued five days prior to the hearing. Further, your request for a meeting as set forth in your emails gave us the impression that the Town was merely going to tell us what the Town was going to do with respect to riparian habitat,not that there would be a discussion of resolving this matter. We know what the practical effect is of the Town designating approximately half of the area on our tentative as riparian habitat—we lose approximately two-thirds of our lots that had been otherwise approved by the Town through the year tong platting process. There was no need for us to meet to be told what we already knew. We would, however, like to meet to discuss the overall issue and to reach a resolution to the matter. As I have stated before, our relationship with Town staff has been quite good. We previously developed two parcels adjacent to the Oro Valley Country Club golf course as low density residential even though the parcels were hard-zoned for apartments. Again, with this property, we are attempting to put the property to a much less intense use (townhomes) than the hard-zoning allows. As you probably know, the zoning allows for apartments and commercial uses on the property. Mr. David Ronquillo August 20, 2004 Page 5 We hope this matter can be resolved amicably and we look forward to meeting with the Town staff. Please advise when Bryant and you are available. Would the end of next week work? Very truly yours, I,HA L RESERVE, L.L.C. Stephen J. enihan SJL:mkg Cc: Mr. Chuck Sweet Mr. Mark Langlitz, Esq. Mr. Brent Sinclair Mr. Bryant Nodine Mr. Craig Civalier Mr. Ryan Bale - r ,,, 11 ,. + A . �► yr . • i i ‘►.4 AWL R' ;: s' si 4 ' Property Lines '� -q' * . , a itil ;!fir r e* '*, 7 . , _ .„., ., li, . tt • ... • �� x_ a• le s At : at i- '' IIM di 7 I 1 ; '"" IIIIP ‘. • ' 4 ""*" 4. '. ' * 4 - 34...,114. i.„_ i., .. . 4. ,.....,, , . i ---.10,,,- .,...- . ..ir.,--., ---.. .t, , .. , 4,,,, , ,tip.- 4 %ONO . IF$.4., 11 -04,,ii• k 64 • - �, Si ! Harris ,� R, ..'; "' *» Delineated i * :" ;r;_; ^,n-:: ,b.k., , ° Riparian » , i �+ �� ro p r d , ..r pTy r "M rya s „' ";»Ih-I 9r' , +fir' ,,, . M X *ii,„,14,..11, ,P'.. t- • , , y j"° .44 Ap,:t , 4" -le ---iir I III' , 4 . .44,....v. ' 1:::: a .46., w like * ,, ofiii: -,,, ',,I, ' ,. ‘.4 , #.4t..Aotet' - • l''''' ' 4t2rit •444 *1-4.-•• ,,,* lik 0,414 i it,, i ' le -$ MP „--........I ''N. ,,it:,,.1 4 .' s k, .. ilk , 4 • .,,i-tre , ,... . A, ' l'ritiltris 11 ,114 ,. lSt4H1' 4 :;;L: ' lelli If f • - ,1',iiii, ' 0 III C 1 K 4 ir 7 .(-4* + .".....„:. : it4 - ,F•5 �i °ti! r- it. ;-At i'`` .,* eel -1 ,ems A ill ..,-., *4 ,I,,lir, I' ', .,. 1+ ; ': fir, :. '� — Existing - . ^ `* „w Area a{,_. ' .i +. ro._-�_ • I-L- ,4 {ice Ar: ,tioir , f . . " + �I'(Mi * ,` . 3•'- ♦ _- _--C,,. aI ` ,":4. T n is-- g[�•, ro.. A 1 4,,,... a..p, lithro,',,,,I, . -.'41C.:.' :411'11; .... ,'.etS:. �'.. ..c.• _ '^ �� . j-1 h.,. 4. i m ., 1'1.+_ram !6 , JPo_EY TOWN OF ORO VALLEY 0�0 �02's7 CO...mUNITY DEVELOPMENT DEPAFI i aviENT Planning and Zoning•Building Safety 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 Oro Valley Public Library A A 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 "" Parks and Recreation OUNDED gl 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 August 26,2004 Stephen J. Lenihan The Lenihan Law Firm,P.C. 1050 East River Road, Suite 300 Tucson,Arizona 85718 Re: La Reserve Riparian Map Amendment(0V9-04-07) Dear Steve: I am responding, for David Ronquillo, to your letter dated August 20, 2004. Though David will not be available this week, we understand you will be out of Town next week so I have scheduled a meeting with you this Friday to discuss the Harris riparian assessment. In the interest of better communication, I want to try to clear up some misunderstandings or miscommunications mentioned in your letter. First Mr. Ronquillo's statement that we "committed to discuss the proposed riparian habitat amendment prior to scheduling the item for a public hearing" is correct. At our meeting on July 21, we agreed to cancel the August hearings on the matter and meet with you prior to scheduling the hearings for another time. That is the commitment to which Mr. Ronquillo referred. Subsequently, as noted in his August 17 letter, he proposed several dates for the meeting but none were satisfactory to you or your consultant. Thus, we have had to schedule the matter for public hearing without the opportunity to meet. Regarding to the numbered issues in your letter: 1. At no time did we agree that we would not meet individually with Arroyo Engineering. I spoke with Craig Civalier and he remembered that we told you that staff would meet with Arroyo Engineering to outline the review process. What we did agree to was to meet with you and Arroyo Engineering when the report was complete. That meeting is this Friday. 2. On July 21 (not April 21), we agreed to cancel the Commission and Council hearing. The notices of cancellation were published on July 26. My phone records indicate that both Duff Hearon and Ryan Bale called me on July 26. I left a message for Ryan indicating the meetings were cancelled; I assumed that handled Mr.Hearon's call. I received your letter requesting a written confirmation of the cancellation on July 28 by fax (if my memory serves me) and on July 30 by mail. I replied with a letter which I prepared and faxed on July 30. www.townoforoval ley.com • Page 2 August 26,2004 3. When we met with you on July 21, I was not aware that we had received the riparian report from Harris Environmental. As I stated in the meeting, I did not know when we would receive it,but I thought it would be soon. So, though I had agreed it would be considered a draft report, and it still is, I did not consider it necessary for Harris to resubmit the report with any notation that it was a draft. Instead, I indicated in my letter of July 30 that we would consider your consultant's findings and work with Harris to modify the report accordingly. I hope this clears up some of the issues so we can concentrate on the matter at hand namely resolution of the riparian area. I look forward to meeting with you tomorrow. Since, ly, B odine,AICP Pl. Ivg and Zoning Administrator c: Chuck Sweet Mark Langlitz,Esq. Brent Sinclair Craig Civalier David Ronquillo TOWN OF ORO VALLEY OJP\-LEY 119r 0 COL_....UNITY DEVELOPMENT DEPAA ENT o 6111)Q. 'L-9 ® Planning and Zoning•Building Safety 41 11000 N.La Canada Drive,Oro Valley,AZ 85737•(520)229-4800•Fax(520)742-1022 i Oro Valley Public Library A 1305 W.Naranja Drive,Oro Valley,AZ 85737•(520)229-5300•Fax(520)229-5319 A Parks and Recreation 'fib` 680 W.Calle Concordia,Oro Valley,AZ 85737•(520)229-5050•Fax(520)797-2202 SOUNDED 1g September 1,2004 Stephen J.Lenihan The Lenihan Law Firm,P.C. 1050 East River Road,Suite 300 Tucson,Arizona 85718 Re: La Reserve Riparian Map Amendment(0V9-04-07) Dear Steve: This is to confirm that we have cancelled the September 7 Planning and Zoning Commission and the October 6 Town Council hearings on this matter. This delay will allow us time to meet with you and your riparian consultant to better define the riparian areas in preparation for the October 5 Commission hearing. I appreciate your willingness to work with us resolve this important matter. Sincerely, . L B .ri iodine,AICP Pl. g and Zoning Administrator c: Mark Langlitz,Esq. Brent Sinclair Craig Civalier D vid Ronquillo file www.townoforoval Iey.com E-. . a LHA LA RESERVE, L.LC. 1050 East River Road, Suite 300 SEP 0 4 Tucson, Arizona 857182004 (520)293-1702/Fax (520)293-0539 email: lenihanlaw@usa.net September 29, 2004 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bryant Nodine Z961 41' Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Town Clerk Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: Public Hearing, Ordinance (0)-04- , OV9- 04-97, Request to Amend the Riparian Map Associated with Chapter 10-7 of the Oro Valley Zoning Code Revised to Expand The Town's Riparian Habitat Protection Overlay District By Including a Portion of a Site Located Within the La Reserve Planned Area Development at the Northwest Corner of Pusch Wilderness Drive and North Buck Ridge Drive, Parcel 220-080-08K Planning and Zoning Commission Tuesday October 5, 2004 Town Council, Wednesday, October 20, 2004 Dear Sirs: Pursuant to the provisions of Section 3-112 of the Oro Valley Zoning Code and other applicable laws, statutes, ordinances, rules and regulations, please accept Mr. Bryant Nodine Town Clerk September 29, 2004 Page 2 this letter as Written Protest representing 100% of the owners of the "Area of the Property that . . . is included in the proposed ordinance." As you know, the Town is petitioner in this matter. Accordingly, our Written Protest will trigger the requirement that a favorable vote of 3/4tns of all members of the Town Council shall be required to approve the proposed ordinance. This Written Protest shall apply to the above-referenced hearings as well as any other hearings relating to the subject property, this ordinance or ordinances of the same or similar subject matter. Sincerely, LHA LA RESERVE, L.L.C. By: The Lenihan Company, Notice Member By: G -� Stephen J. Jnihan, President SJL:mkg Cc: G. Lawrence Schubart, Esq. o TOWN OF ORO VALLEY PLANNING & ZONING COMMISSION STAFF REPORT MEETING DATE: October 5, 2004 TO: PLANNING & ZONING COMMISSION FROM: David Ronquillo, Planner I SUBJECT: PUBLIC HEARING: OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K BACKGROUND The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. In terms of location, the surrounding properties include the following: North: Foothills Business Park East: Fairfield Pusch Ridge Subdivision- Vacant land that was previously platted West & Southwest: Boulder Canyon Apartments and La Reserve Parcel 0 & S Subdivision (across Pusch Wilderness Drive) Southeast: Bridge The topographical constraints of this site include; areas of 25% slope, portions of wash and areas of dense vegetation. There are numerous areas of this site that have been previously graded (see attached aerial). The bridge, located near the southeast property line, spans a large wash that flows from the Catalina Mountains downward through the subject parcel. The wash area on the uphill side of the bridge is designated as protected riparian area; however, this designation abruptly terminates at the bridge. The riparian area on the downhill side of the bridge was not included as part of the Overlay District. This is a mapping error that staff aims to rectify with the proposed amendment. Currently, a preliminary plat has been proposed for this site, which includes significant encroachment into a riparian area. To date, their have been significant potential drainage issues on the plat in this area. The plat will likely be reviewed by the Development Review Board on October 12. SUMMARY: Staff requests to amend the Town Riparian Habitat Protection Overlay District associated with Chapter 10-7 of the Oro Valley Zoning Code to include a portion of Parcel 220-080-08K. At a field visit, investigation of the existing wash and vegetation within this parcel, it was determined by Staff that portions of this site may qualify as a riparian area. Staff consulted with Harris Environmental, who greatly assisted with the formation of the current OVZCR riparian map. Harris Environmental was hired by the Town to further analyze the validity of F:\O V\O V 9\2004\9-04-07\Reports\PZrpt.10-5-04.doc TOWN OF ORO VALLEY PLANNING & ZONING COMMISSION STAFF REPORT Page 2 the existing wash and the vegetation within this area. Through field visits and GIS analysis, it was formally determined by Harris Environmental that the characteristics of this area qualify as a xeroriparian habitat. The Oro Valley Zoning Code (Chapter 2) defines a xeroriparian habitat as "supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include Mesquite, Blue Palo Verde, Desert Willow, Caticaw Acacia, Whitehorn Acacia, Desert Hackberry and Ironwood. Actual Species composition is typically a function of the extent and frequency of stream flow. Xeroriparian habitats are present along washes throughout the Town of Oro Valley." As specified by Harris Environmental, "this definition addresses two components of a riparian habitat; hydrology and species composition and the code further subdivides xeroriparian habitat based on vegetation volume and structure and species composition." The property owner has also consulted with their representative from JKE Bio-Consulting to analyze the validity of the proposed riparian area. On September 22, 2004, both consultants (JKE Bio-Consulting and Harris Environmental) conducted an extended site review of the subject parcel to examine the surface drainage patterns, vegetation composition and disturbance of the site and attempt to achieve a consensus if a xeroriparian habitat existed and if so, the extent of the proposed boundaries. In the end, both agreed that the parcel did contain xeroriparian habitat; however, disagreed with the delineations of the proposed limits. The attached report from Harris Environmental provides a detailed analysis of this site visit and explanation of the findings. A formal report from JKE Bio-Consulting has not been submitted (Please see attached Exhibit A & B for the delineation of the limits proposed by both consultants and Exhibit C depicting the drainage patterns in the area). On September 29, Planning Staff met with the applicant and their representatives to further review the extent of the riparian limits. At this meeting, both consultant's presented their detailed findings, which included discussions regarding plant volumes, plant types, and the hydrology of the area and it was determined that the area west of the primary channel was still an issue. In an attempt to further resolve the differences, the two consultant's will meet on the site on October 4. The results will be provided at the Commission meeting. Overall, both consultants have based their findings on different conclusions. Harris Environmental, representing the Town has focused their analysis on species composition and water flow connectivity. JKE Bio- Consulting, representing the applicant has focused their analysis on density volume, species composition and water flow off the hill side. Based on the data provided at this time, specifically the report provided by Harris Environment, Town Staff recommends that the xeroriparian habitat delineated in Exhibit A be included in the Town's Riparian Habitat Protection Overlay District. If this area is approved as a xeroriparian habitat, approximately 18 lots within the proposed preliminary plat would encroach into the designated area. The applicant can apply to encroach into the riparian area per Sec. 10-704 of the OVZCR and the Planning & Zoning Administrator can approve or deny encroachment based on a mitigation plan. The Administrator's decision may be appealed to the Development Review Board and Town Council. PUBLIC NOTIFICATION AND COMMENT: As required by State Statue, public notification regarding the proposed amendment was given to the adjacent property owner's. Since the completion of this report, no comments have been received from residents. The affected property owner has filed a letter protesting the designation. F:\OV\OV9\2004\9-04-07\Reports\PZrpt.10-5-04.doc TOWN OF ORO VALLEY PLANNING & ZONING COMMISSION STAFF REPORT Page 3 GENERAL PLAN CONFORMANCE: Staff has reviewed this proposal with regards to the General Plan Policies. In particular, Policy 8.1 G applies, "Indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible. " Staffs proposal would further expand the Town's Overlay District and maintain the proposed xeroriparian habitat within the subject parcel. RECOMMENDATION: It is recommended that the Planning & Zoning Commission approve the proposed riparian map amendment to expand the Town's Riparian Habitat Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A. SUGGESTED MOTIONS: The Planning &Zoning Commission may wish to consider one of the following motions: I move to recommend approval of OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A. OR I move to recommend approval of OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A and the following added conditions: OR I move to recommend denial of OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A, finding that: Attachments: 1. Exhibit "A"Harris Environmental Riparian Limits 2. Exhibit "B"JKE Bio-Consulting Riparian Limits 3. Exhibit "C"Riparian Area Drainage Patterns Laa4C da) 4. Harris Environmental Letter Plann'a. ..F d Zoning Administrator cc: Steve Lenihan, 293-0539 F:\O V\O V 9\2004\9-04-07\Reports\PZtpt.10-5-04.doc 1 'Fr ..4r .; - ,#4 440 ie., \ \ 4 sr'. `, . N Property *Ns. „ii 4 a 4 4. Lines 1 gr 0. AIIN*,14. - 416 %it *lir 44411 4. t *lb',..:II ,. op T•u 1 0 * it a vio sio 11, Ad: :or . - 4 * A '• ' . „ 40 44Ar.14 1044 .4,,,, :it 49ii . VI*16 * ° ‘4.1 40. 44 s .ii q x 10787 41 I440, + 41, • OP ."' **IS!et..''- 4 iiii it,,,,, -pi i we b • .. F , a, r . _ ,. wl '^t+W r a•R. - -q. t , ,4..,'.` :)i41/4.1-4 • / , 4 , ,., " .. 4 1 iy Y (,,at,,-:4,,6 444 r0:�t. r t + " a Y 10r''79 10t�T: t , r - . r - 'i Harris „ Wm ' '1444, a � Delineated • 75, y •1077 Riparian a 1. 1..1 11 t4*#'.4 '',4,..1''4. `" .;. ' *Alb . W.i#T ' 40 Area 4. - 6771 , } " 40 ` to '4IPPO * ' ft. It. ,ii*44' , .. 4- ,,X, il ' ti,1;4" .: *4E6 1.10r '. - ''''''"-... 114 4 I 1 1601. �r� l" ,6. at 011i - 1 .......lt , ,....... t 'Ili . 4,2 111 ' it , ... ir ilioleilk *I IIP* t ' ' e.k, . w a ,, i010. 4 , ..,,,, , 4 t I a- • ii it,.111 iii‘t /i f r . * ,,, . , 4-iik* . - ,„. , .4 a 411 �r � vi g .444,, a e w 1 r98 11 =a-----� Existing `ter i* 1Z-IP .r 184, R ' , . r .. .. ." w. rian ___ _ Area . - foOlt. AS, _i_li. it.,44 - ‘41 -‘-41t _ . 'a'r .11. - * ' " 111,00 .74'4. 135 t i'.'. — i ;*' -.- It .f _ N A Exhibit B ..,,,,,iiA**-7t1, 'i: ' ''„ , 4 • ' . ' ..*Ip ,.:,.. ,.•' ' • Ait4 I,. ...k-, isi, \ , 4w ',,,t• • ,. ‘II: 4 4" eii.-.4 $ •P'. \ '• 1.0., ,„,,,,, it. . ' 'ilir . • -40 ft . . , 4,, 4t4 _At. , 004 1 4 • • ,,,,• , -it '4 • 0- AO *4 4 : 4,•,, , , . ,.. . ), ,... ,,, 4 ,• * .'''' • \ il g .' to• •- 4" -''• * 46, • ' "...! "Pi v 0 ... . • •* 1 01' ••' '-r' * .* "%N. ,...-, ih, *IV • - .14r. 4 d\ le.,11, ''.':- v. , ,• 4 1. : ' 4'4° i \ .. .• • kb .N.' ,. AC' •' 'I'it • ..1e4L4 * N si • Se =. ••• • 11.!• it, , ost' 00 • los rt- • 44 ."1114.164111ta• 1 0.„ ,10,. 44 t * 4' • , . ar• .• ilk 111 part 1 ,'' ,...1........,,v‘ .• ' .,,, • , • t ^. 1 4 ) A•00/v ', it,"'1A,::• Ate' 'likk ,.0.k:J.311%, Ili:, . ,, , ' /, . '' ,,,4 '4,. el I ..,-. ,t•• . ...., Jr: • sy V "'•' :•,^' a ''''' . = LI".;-i,•• ;14 **pi :710"..•114,'OPT1It „dr* '.`+' 44 *'" , , , 111 • ',11.....5 .c. , 4"IPS!11..;.,-.4._trik•• _ ., N -, ' • --4,8 43;3 4 , i'S • V, , ', \ ' , 1* '' fte - mr*,-•',1 i - • - • T. .* , . a • '.., ,t, .• ` , 41 . .4g.li, . .4... . ilo . I.:8,,•• 47:TtriAr„ ' . , . ."` , atft 14.P.4 .e-..-• r• • . • . -. • _. , . - .4.".•ir A 10.‘ ,. . ,...ir ,.. .0. .4, .. - , .i„.1„ „.4, . ..,,,. .e ,,,,,,... itt tr'..41t 0,‘4,04-il Vh, i tt )-wa.- - • ' r'' 4,,0 •..‘ c* dik et, .0. •.A_'; s, -. '., AL. it 1,1 -,‘---n,bc -k.;:'0 4, iii4 ill . . ,..„.„., •, • ..... ,• ., .,,,,',. p • if .-'. 0 , 4 f ir 4.1 $.t 4.1. N • - * .---- .. OP.•... • 4rtilt. 4'41/4.111‘ ..... r ‘ . 0 -'''' A * " II!.. 4•Plititaf. 4.. ..... A •,• ...3„,„'., .1• I",, , , .,. . p -A....,„,-.0* • ....4., 4•40„ligitiroria. s.- IP,0';=,..../',. . 4 .•4''i ....°::4111L-`4:,' 4 • * '' . * ,.. - 141„.• '"•-•;..."Alins, „ je. ...„ .:7- - ,41,,.,,,,,"jtiZI" lib„,„4 „, , 444.4.11, . ics:,•:,t 11,. . '. 4 ,-- 73, ,-*--",.71,,,,,r7:-.Z.."4,- * .,(.4,7s. * If • 9' •- " ' •.4 ' *, , ... • At #. . ,•44. , ,,,,.4.4, „..;..,,,,,, ...1...l•, z ii. git ,4 JKE Bio-Consulting Delineated : f-•,...t. - , i -___.,\" "4 0. * •.., . li Riparian Area 11 Illittlitik •lip . i r. g - --.. ••l•4 5411 I. ift431t- * ' ' IP . • ' ''' = *-* , .... . ilik. , go'IV . *" — $1,4 •44411* ' % •: Alt• -1":." iii#:11 to 74, .. • •„ • .1 • , , a: a' - II 4 .. • i4. 6,..—...t.• '. 1 *1*11°v * . t,tigiligkira;Ip464144.04p--- fili..4,i;*4:AL 'No 411-z• L's ‘•' •'• •, ' 4 1. --'.3••• M " Z '."• . r s 44 • . . ••••••4' a f 11111144,440. ,, 44 aft,r .. ' — 1414'• 11".` '4. a . :**If. •- . '4.4 • -.40' "rag, -"w -.Nt' ... . 4• . • . i; .1, • .• • .. ..•it .6.-., / ,4 4Ir 4 ..,:. ,....11 . '.... ' , .`, AP . . %''' ". • •---...._,... 1 • - . - 4 4 i .,...." 4• - ....1,...4•...•ilii. • .• .10.1 i 4°. 1 • a . -, .. en.4-3, ,N,„-P.,*f , . •• ; ''-- ."., ..,......, ..-7 lip . ' 4 -10 •• :„... ' -Not •' . % Tit '--- - '..s le* g4 ill,' . -7 ' isi? gr.. . t -.,-... . - .... li.4 - '' :r44:.4; -it'Ll s...• a r • - t. g . * , * .w.(,-,. oilki"1/41 i- A . ,..i. a. ,./._, , . ior 4 ,,,, , NI, 411t , 04411. 111.,,,t- ..•: , . ,,, 4f..,*?It -•;,•-b-,....)1 -`-, i v.- iiii,,,N '14.. .s,:il. ' . ,:.Itt-,., .1?.k 4'e -- • 74.4.•s'111•.,414 4 4.-. ' .i&.• 7, • ' -'7.... v"' ,, , _ ,, ,, 4 i „,'I, t •• 11W.; • ditkilk.„ 1, 1 4.1...01..*"...,, ' e.,--0* sir :‘,-.:* *---‘.14 ' '..1" t•"1- t ' '4IL,-,, '4,. **1111 41, ''''; ' IP 4k. t"..1°11.14' • ,•IP Awk* • *7.,,, •,P,„7,..„..4.** -*Z.,'? ••• • „„ .41,444-.1' '* .• it. gifilet• •.-, smr?ret .. 1 -• 1?;1#'.'t 4~yr. - ., .., .s liw,-or . . 1..,c, tr.0..4 • : . .r. , ..4.,,,,,.4,r :.-.1-. .. .44 ....... !' .. 44401:4010rofrviri ife0161WirrkItil ' , . •:4 's A,t,y,;7, ,,, -4 0 • .4 ..4$14(1) * '•,A ,4;ler', ' , . ti •• 41 • • ,. . j 14........,, Itik , +4,t., „ 4‘ti.-,.., r : - ti Sy 'c.4111,.... I"., .44p).e. .t; *• A r4,,,,s444 - Ili* "Ii' . .. . - It - ' . . --- • ,,,‘„,,,.. . i , 1A, 10.i:144,..: 100iiit4t.tli! * ,it.< "Et-411 ..* , ' .'.- Aikt, '- •.,, -s-I'' -s *, *v1v•.•-•* "*.i• ...:. 'vos' ,...,4, ..' 0 eV . , .f.,;04.. a . 1mA. t.'" • Os* 14,1.-tA•iv,K,„ ;.,•,..,r. •01:-.7,1.,,,e= ,•:e• , :**:•.A...4i`4031.-.* I • ,.•-,..``.,.1 1 v.."*- '''.,',....**-*.:14.A-)4-,:1i s.If„..*.%..,A f.l...*.,IS.- , •v,."*•.' -1 t§.4 3.t0 i i r;II••P• it k '•ii'r, •' 4i ..,A,•i- r•le jp 0 4p oN . - 0t 4••-a1.,,•,t40.0g,.,,.4.-_-,"1'k.1 t1...1*,.I411i.3ii.1--.1,k4-.014: , ii <01 711 • ..41..----,_r 44\-. :114,31/1'. Ifittill,t...''' ' i' ,„...‘7;"••-e° •"'N, 0 f t i•-• ,.._..r,i1' - lik1-1/:431.444 ....4.....'" • Alipi ial _ • A - . , 4r/A Wii,11 A 1 . ____,' -•-•••' • a* . . 'IV 4'0 .it 1,'' •,," ** , '' 4! ' a ' : * • ' " ,r1..•., ' il ir`4 ,744.1'. it,,, 44'4 ip% ix.' ....,4„. , , .., . —i. ii,„- • - * ip ..• ‘441411 " '''' ‘ 4, •„,,,e,,,,er., ipt 4,„ , , ,. ,-,,,, Alt • it ., t.-...• ••' it*di "-;'.- ''11.... drqs,Z' #' - 40 1.1.i..."41i.* 11411 I . 11111% ' IP .16. Wt.,• 4'111116-1';*4 .A. "IA 1" A thit'* ' 411 - AP iir • i r. *Ni '' 1 . • , -, ell t 4°' ' 4P W' ''.'' '-.. •N'lk,•3•. ..,,,t 1‘,.......* •,, '14*,,,*•••: ii •,, . 3 •w, . r -:4 71. . ..,,t:4_ •. `'„!ip _ 'V 1:.!1,'.rill 1,6:4!0‘.fi.s.,•,,,,,,,• • • A faigii:ps .„„ji3O- -v.*. 414% .#:...'A:* .,--,..., PI 4. " . % IP"..1., #' it 7 1 . • ..* Ai• 4t A • 1 I. 100.911111r 44,0 . .04 ik, ... c'"Ii„.......,A .ii:z.,..., fa, .1*lift, .1 '•Pim. it 41. • .. ..ir ..,fr; -,.N.1,,„ k" fP. •Va" 0" ,„ ..*"*..,,,, 15 -781111147: 1/011 l''' " 4, .,, • rt ....,-;Ef..''.'-'7. a 4 #(IIII *iteff.4:4'I/W*0V* *TI_A■4''.../:'a* .:..11Fit : 4te.** .:4114.1 '6 --,,----ii, .• ,Apk,«it „Ile .. k.atftP4'' bill64.:j135 11F•ii4'ii:.81 1-'41 t'a 4;et ."'* ' Tir ..."*."• *.".' 6i.0 44 . "" A._.. . Join.to=0 .. . • . , . /* .. • . .... ••.r • N A Exhibit C Ito 431"eipi. „0. 4.„ , . * '' Itt 43q ,,,,ir 7 4 ,; ilik -,-,,, , ,- 4,0 dr . „. . 0' lir ''''cilp4 "4" '''ci-i,'4- . " 'JP. *elk ik % .,,-11. , , 4 "441 .iii4 x W` A ,P £; r' ;d! w' ' . .:,yam s 4Al �^rt1N , µ FI 1 ' P w N . � • n •fir:, �. i� • °' & - *�+''� ♦ �/ :fie, v." k t 4 4 „ ' 10 '' 406S' ' r" ottAk --. , a. t 4. * -ta**-7* arid ♦.n PO; -� . r <. At 441 " . 'f toas, « .1 •. ems , t �0.�, 4, 0*, *,A.."0, `,g. ► .1•'. z a, • ; a;.r;'� Oe •• 7 l"7r.3- •it " „` t' .. `,a.. , , ,. `i t� + t ., ..III` •"*^ . s • •f.al. $#A k' y " „.4 «i'.,.`•°�' ♦ *- • _ 1• s. ' ti " Drainage Patterns 4 •'4 , , ��- Y - `' .far- �, I,, .,°� .. '' - ; 100 Year Floodplain Limits .**40/414$41*10 414 # • * . . Agt" *A*" IF ,4; .A.- or , -4 .- -- % • '., -- ,,,, '11J� . 4411it,,... iiiii.or tt ,,, 4,c, ,,,it... , i ., �►"• 4)', ^ ,• { it.. as . a •r fir* 1..ior 401 I' -,ie-4 • is"• i,i '` ;*11: ' 1"`t * A , r +, ,1r.,1M .Z- y il.!^' sN - +i , �' lit 'sa, 'r, •Ala �•,, ,ty 7l.• ,� ` �,.i�, . • ' .r ~ o , ,'o. top. - �• �i ce. t.. EY g� ;•rU ` "r s• - i; Jr di,:�ar1. �'# Y.,i',r4 ` —' - -'+S im.. QSs.\i. '*,,ir7. .+ 't'', ."I[.r^ • w V'S ` ', ;1.1*' - _ ,,,,... w - . , - i ' P— sio .8.....,,, 'L,—,-..47$.-„,,,,-40i.. -.. ' • - 1.... 7. '31k • #• • <i pia ,, .1 NVOI.' .7 't , r"'' .s I'. �'1 � .- -..r 1':. r" - , r4 , �'As iir ilk, p al 'lc .."4-` 4$• 1� • •;'gr ' ' �►. } t o �`' ♦'�,rtilit Ar , {` ,, t1 t, ''��"� � $ `., . „- I t. . '♦.d 'fr pY f •+. 'x4.::Are ::.-• ',1;0#0.,. .ii. r ! ;404 ' •t .' Na II t fir,1 d„ •* y. t -ff.:" " •; ji. „ wmplow .4 P� 'iRrn., .. «•"' (� •',. t +a ""s.., '2J :4A .,r:; 0 v �, 7.1,:t„ •' .. 4 • * a q• Ja �:Y ' At /et T t "-rs 6•.,41P, +11'�-.. ,.** A ,:r R•Y '�" 1 -. R ,� •34er •. 4 ,; <` . ...We, *�t:a • � . ., *n , "yr s.!'A � }:,. yi H IIARRIS ENVIRONMENTAL GROUP, INC. _ 58 East 5th Street,Tucson,AZ 85705 520-628-7648 Fax: 520-628-1458 29 September 2004 Bayer Vella Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona 85737 RE: Parcel#22008008K Dear Mr. Vella, On 22 September 2004, I conducted an extended site review of Oro Valley Parcel 422008008K with Jay Esler (JKE Bio-Consulting), a representative of the parcel owners. Parcel 422008008K consists of 11.73 acres located within the La Reserve planned area development at the northwest corner of Pusch Wilderness Drive and North Buck Ridge Drive. The purpose of our meeting was to examine the vegetation composition and structure, surface drainage patterns, and disturbance on the site and then attempt to come to a consensus on whether the parcel contained xeroriparian habitat and, if so, the limits of that habitat. While we both agreed the parcel contains xeroriparian habitat, our delineations of its limits differ. The Town's Zoning Code (Chapter 2) defines xeroriparian habitat as areas "supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include mesquite, blue palo verde, desert willow, catclaw acacia, whitethorn acacia, desert hackberry and ironwood. Actual species composition is typically a function of the extent and frequency of stream flow." This definition addresses two components of riparian habitat; hydrology and species composition. The Code further subdivides xeroriparian habitat based on vegetation volume and structure and species composition. Finally, disturbance to the drainage patterns from development or flood control devises should be considered when delineating riparian habitat. Using these four criteria(hydrology, species composition, vegetation volume, and disturbance), I will explain why I believe the area I delineated is xeroriparian habitat. Hydrology First, the habitat delineated was connected to the hydrology of the overall drainage system as evidenced by the presence of multiple, braided channels, supplied by upstream flow, that both drained into and bypassed the engineered channel on the northeast side of the parcel. This pattern of multiple, braided channels is a natural phenomenon influenced by various factors, including energy of the water flow, gradient of the system, soil substrate, and sediment load. However, the channel pattern we observe today is just a snap-shot of a dynamic process. In riparian systems with braided channels and broad floodplains, it is more appropriate to define the riparian zone based on the extent of all channels, rather Harris Environmental Grol 'c. than just the single largest or smaller individual channels because movement of the channels across the floodplain may occur through time. Species Composition During my first visit to the parcel in early July, I identified several species, including mesquite (Prosopis velutina), blue paloverde (Parkinsonia floridium), catclaw acacia (Acacia greggii), and desert hackberry (Celtis pallida), that are listed in the Town's definition as typical of xeroriparian habitat. Mr. Esler and I subsequently agreed that four species not listed in the Town's definition are potential indicators of riparian habitat. These species included seep willow (Baccharis glutinosa), canyon ragweed (Ambrosia ambrosioides), desert lavender (Hyptis emoryi), and janusia (Janusia gracilis). Seep willow typically occurs along streams and other waterways and is listed by the U. S. Department of Agriculture as a facultative wetland indicator species in Arizona and New Mexico (USDA NRCS 2004)1. Canyon ragweed is common to abundant along washes throughout the warm deserts of Arizona. Desert Lavender is conunon in gravelly or sandy washes and in canyons below 3000'. Janusia is a widespread vine common to desert washes. During this most recent visit all four of these additional species were actively growing within the area I delineated as xeroriparian habitat. Total Vegetative Volume The Town's Code subdivides xeroriparian habitat into three categories based partially on total vegetative volume (TVV). I have not conducted field measurements to quantify TVV on the parcel, but Mr. Esler has and, based on his field measurements, portions of the area I delineated as riparian habitat do not contain a TVV consistent with those values listed in the Town's Code. Nevertheless, I believe these areas qualify as riparian habitat because of the inherent variability of riparian systems and the soil conditions of the site. When an absolute value is used to define the limits of a complex system (such as riparian habitat) there is the risk of excluding those components on the edge of"average"or"normal." In reviewing this parcel, I interpreted the descriptions of subcategories of xeroriparian habitat in the Town's Code as examples, not absolute criteria. This is supported by the use of qualitative terms such as "generally," "approximately," "typically," and "often" within the descriptions. Furthermore, I believe the reason the xeroriparian habitat is not vigorously expressed on the parcel is because of the soil texture in the wash. The material in the floodplain is dominated by coarse sands, cobblestones, and boulders, which allow rapid infiltration of water into the ground, but conversely do not hold water well. Because the amount of water available to plants is low, relative to the amount of water flow,the plants' growth responses are likely less vigorous when compared to other riparian habitats. Disturbance Finally, the original surface water flow across the parcel has been modified by the presence of earthen and rock berms, fill, and an unimproved dirt road probably used to construct the bridge over the wash. However, virtually all of the upstream flow continues to pass through the delineated riparian habitat, thereby keeping it functionally intact with the upstream system. Conclusion The area I delineated as xeroriparian habitat exhibits linear continuity of water flow,despite evidence of site disturbance, and supports plant species composition consistent with riparian habitats. In reviewing the parcel using the above criteria, I did not base my decision for inclusion or exclusion using any single criteria, but rather the overall contribution of each criteria in meeting the broader purpose of the 1 USDA Natural Resources Conservation Service. 2004. The Plants Database,Version 3.5(http://plants.usda.2ov). National Plant Data Center,Baton Rouge,LA.70874 USA. Parcel#22008008K Riparian Habitat 2 Town of Oro Valley HEG#04-135 Harris Environmental Grot [c. `«r Town's Riparian Habitat Protection Overlay District to "Protect the valuable, limited and endangered natural riparian habitat resources of the Town of Oro Valley, provide an ecologically sound transition between riparian habitat and developed/developing areas, assure the continuation of existing or natural functions, values and benefits provided by riparian habitat resources, protect aesthetic and environmental values of riparian habitats for the enjoyment of citizens and visitors and, maintain linear continuity for riparian habitat." If you require any additional information,please do not hesitate to contact me at(520)628-7648. Sincerely, Colby Henley Natural Resources Division Manager Parcel#22008008K Riparian Habitat 3 Town of Oro Valley HEG#04-135 NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING& ZONING COMMISSION In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING & ZONING COMMISSION IS HEREBY GIVEN: REVIEW: PLANNING & ZONING COMMISSION TIME: at or after 6:00 p. m. on TUESDAY, October 5, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner I, at 229-4817 ordronquillo@orovalley.net Vella,BayIACP Senior Planner Posted: 8-31-04 Time: 3:30 p.m. By: sg YYYG 7€\1- F:\OV\OV9\2004\9-04-07\Notice\PZ and TC PUBLIC NOTI CE2.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION IS HEREBY GIVEN: REVIEW: PLANNING&ZONING COMMISSION TIME: at or after 6:00 p.m.on TUESDAY,October 5,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner I,at 229-4817 or dronquillo(iiorovalley.net NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY PLANNING&ZONING COMMISSION IS HEREBY GIVEN: REVIEW: PLANNING&ZONING COMMISSION TIME: at or after 6:00 p.m.on TUESDAY,October 5,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner I,at 229-4817 or dronquillo cr orovalley.net 1 �/ APPROVED MINUTES PLANNING COMMISSION REGULAR SESSION OCTOBER 5, 2004 TOWN COUNCIL CHAMBERS 11000 NORTH LA CANADA DRIVE REGULAR SESSION AT 6:00 PM CALL TO ORDER ROLL CALL PRESENT: Chair Don Cox Vice Chair John Anning Commissioner Ken Kinared Commissioner Pete Bistany Commissioner Don Manross Commissioner Doug McKee Commissioner Robert Krenkowitz Others Present: Mayor Paul Loomis Council Member Conny Culver Council Member Helen Dankwerth Council Member K.C. Carter Council Member Barry Gillaspie Bill Adler, Board of Adjustment Joe Andrews, Civil Attorney Craig Civalier, P.E., Development Review Division Manager Bryant Nodine, AICP, Planning and Zoning Administrator MOTION: Vice Chair Anning MOVED to go into Executive Session. Commissioner Bistany seconded the motion. Motion carried 7 yes, 0 no. EXECUTIVE SESSION AT OR AFTER 6:05 P.M. CALL TO ORDER ROLL CALL PRESENT: Chair Cox Vice Chair Anning Commissioner Kinared Commissioner Bistany Commissioner Manross Commissioner McKee Commissioner Krenkowitz Also Present: Bryant Nodine, AICP Planning and Zoning Administrator Joe Andrews, Civil Attorney Diane Chapman, Recording Secretary October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 2 PURSUANT TO ARS 38-4301 (A)(3) & (A)(4) LEGAL ADVICE AND DIRECTION PERTAINING TO A PROPOSED AMENDMENT TO THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT RIPARIAN MAP TO INCLUDE PIMA COUNTY PARCEL # 220-080-08K MOTION: Commissioner Kinared MOVED to adjourn the Executive Session. Commissioner McKee seconded the motion. Motion carried 7 yes, 0 no. ADJOURN EXECUTIVE SESSION at 6:20 p.m. RESUME REGULAR SESSION at 6:21 p.m. CALL TO ORDER ROLL CALL PRESENT: Chair Cox Vice Chair Anning Commissioner Kinared Commissioner Bistany Commissioner Manross Commissioner McKee Commissioner Krenkowitz CALL TO THE AUDIENCE opened at 6:22 p.m. Bill Adler, 10720 E. Eagle Eye Place, Oro Valley. A list was passed out to the Commissioners of topics that the General Plan citizen committee is going to be addressing. The list is what the Council members use to base its motions and amendments to fix the charge to the committee so their time will be dedicated to specific tasks. The Commission has knowledge with regard to the application of the General Plan and each meeting will have a call to the audience at the start, so you are invited to speak to the items that are on the agenda. Any comments that you have on these specific topics that we will be addressing can be given to Doug McKee, Brent Sinclair, and myself, who are on the committee. It is important that the people who are most familiar with the past, present and proposed General Plan give input. CALL TO THE AUDIENCE closed at 6:23 pm. MINUTES MOTION: Commissioner Bistany MOVED to approve the September 7, 2004, Planning and Zoning Commission regular meeting minutes as written. Commissioner Manross seconded the motion. Motion carried 7 yes, 0 no. 1. PUBLIC HEARING: OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS October 5, 2004 Approved Minutes, Planning and Zoning Commission executive Session 3 DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K Mr. Nodine gave the Staff report and read from the Oro Valley Zoning Code the definitions of the various riparian areas. Lisa Harris, Harris Environmental Group, Inc., 58 E. 5th Street, Tucson, AZ 85705. The Town's code, Section 10-701, states the purpose of the habitat protection overlay district is to protect and enhance riparian areas, for preservation of riparian habitats associated with water courses and significant stands of native vegetation. In order to protect the valuable, limited and endangered natural riparian habitat resources of the Town, to provide an ecologically sound transition between riparian habitat communities and developed or developing areas, assure the continuity of existing or natural functions, values and benefits provided by riparian habitat resources, protect aesthetic and environmental values of riparian areas for enjoyment of citizens and visitors, and to maintain linear continuity for riparian habitat. Furthering the definition that Mr. Nodine put forth about what a riparian habitat is, it is not only broken down by the three classes, but we define what class it is based on the plant species, the composition and the increase in the size and or density of the vegetation as compared to the upland areas. So the issue here, whether it is a riparian area or what classification it is, all comes down to how we measure that. We measure it by looking at the species composition and going back to what type of species might be found within the Xeroriparian. If it was a Hydro riparian area there would be a perennial water course. Mezoriparian would have shallow ground water and there would be large mesquite bosks or sycamore or cottonwood trees. Ms. Harris named the types of vegetation found in the riparian areas. The species were found in the area is question. Vegetation volume is also considered and must be between .5 and .675 cubic meters per square meter. The majority of the transects met this criteria. In measuring you look at all of the structural densities. You look at all the plants, whether alive or dead. Harris Environmental's analysis is that the area in question is a Xeroriparian "C" classification. Colby Henley, Harris Environmental, 58 E. 5th Street, Tucson, AZ. Two preliminary site visits were done, walking the sites and taking notes and photographs in July. In September we did over a four hour review of the site, walking it with the owner's biologist. On October 4th, we did the vegetation volume measurements, using transects that the owner's biologist had already picked and run measurements on himself. We choose three in the area that was disputed that we thought would help determine whether it was or was not riparian. Regarding hydrology, in walking the site he felt there was a connectivity of the flow and the channels. For the species composition, there are those species listed in the code that are more prevalent in riparian areas. Meeting with the owner's biologist, we agreed on some additional species that were strong indicators of riparian area, i.e. seep willow, ragweed and desert lavender. Finally for vegetation volume, we did the three transects the owner's biologist had set in place. The intent was that in a riparian habitat like this, it is not homogenous or consistent all the way through. We looked for the patches that met that October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 4 vegetation standard, if they were there. If there, how do we delineate that habitat that makes sense with the water flow? The methodology is complicated. Basically you run a transect aligned through the vegetation using a pole to determine vertical structure and whether the vegetation makes contact with the area around the pole. You count where the vegetation comes in as a "hit". The point of contention was that Harris determined all vegetation, whether living or dead, as a "hit". The other biologist did not agree with that. Habitat definition includes living and non living items. The point of the code is to make an objective line of where you can set standards of whether or not it is riparian. By counting everything that is in the area, living or dead, it is completely objective. The area in question has the linear flow channel, the strong indicator of riparian species, and the vegetation volume that meets the standard in the code. By definition that is Xeroriparian C Habitat. Commissioner Manross ask Mr. Henley that in making a determination we have to considering the hydrology, species composition and total vegetative volume. In your report of September 29, you said that you did not conduct the total vegetative volume. Again on October 4th, you said that you met with the applicant's biologist and utilized his information to make your report. That sounds subjective. Why did you not do the total vegetative volume study? Mr. Henley replied that Harris did do the total vegetative volume study on October 4th, using Mr. Esler's transect locations, not use Mr. Esler's information to come to our conclusions. Mr. Esler had done his transects weeks prior. We met in the field and duplicated the same locations as his transects, but did our own measurements in the field. Ms. Harris said it is a very labor intensive methodology to measure the volume. We take samples by transects that are representative of the whole area. We sample the area as opposed to measuring the entire area. When Mr. Henley says a transect, we are laying a line down a certain distance and measuring that volume along that distance. Mr. Esler did his measurements and we used his same area, because if we use a different area, we may come up with a different answer. We realized our methodology was slightly different in that he was not including what you might perceive as dead plants, and we were including everything that was out there because that is the biological definition of what habitat is. Ms. Harris responded to Commissioner Bistany's concern that she did not have an answer on why the existing riparian area stopped at the bridge and did not continue down into the area in question. Ms. Harris told Commissioner Kinared that placing value on riparian areas is all very subjective. A higher value might be placed on a big green tree for instance. But this area has valuable habitat for our desert species. Mr. Henley replied to Commissioner Kinared's question of was this riparian area larger at some point prior to development, that under the bridge there were probably some channels that don't connect now. October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 5 Mr. Henley responded to Commissioner Krenkowitz that the earlier letter was prior to going out and doing our own measurements. At that point we were relying on Mr. Esler's values. Subsequently we found out that our methodology differs. We went out and did our own transects and measurements, and found that it did meet the standard in the code. That is the only part of the earlier letter that should be disregarded. Mr. Nodine responded to Commissioner Krenkowitz on the issue of whether it is subjective or not, that it is expert opinion rather than subjectivity because you are looking at relationships, types of plants, is there a flow in the area, etc. It is not as quantifiable as vegetative volume, but it is by expert opinion versus by measurement, so it is not a completely subjective criterion. Mr. Henley said that is the only part in the earlier letter that should be disregarded. Craig Civalier said his role in this is basically to go out in the field and determine how flows in the wash get down to the riparian areas in question. He gave a Power Point presentation showing pictures of the area and discussed the flows through the area. Mr. Nodine brought to the attention of the Commissioners the information that was passed out earlier for the record: the most recent report done by Harris Environmental and 4 copies of the map shown earlier. Looking at the map and what both biologists did, the riparian area of this agreement that is in question is the area along the disturbed area. The issue is the vegetative volume and how it is measured. Does it count dead plants or not? The vegetative volume is meant to be one of the factors considered. We considered all three factors and looked at the connectivity, which essentially is established by the water flow in the area and the types of vegetation in the area. Riparian areas in the code require that if encroached upon, they be mitigated on a one to one basis. For Xeroriparian areas, the area required for mitigation is the same as a Mezoriparian area, but the densities of plants that would be required to be put into that would be less. Mr. Nodine told Commissioner Manross that the existing riparian area on the other side of the bridge was determined in 1999 or 2000. When we were looking at the Environmentally Sensitive Lands update, we updated all the riparian areas in the Town. It was under contract to Harris Environmental. Ms. Harris re-addressed the issue of why the area on that side of the bridge was not included. Riparian areas by nature change, especially in the desert. When the reports were done in 1999, older aerial photos dated 1996-97 were used. The area downstream from the bridge was degraded at some point in the past. Eight years ago it appeared more degraded than now because there have been eight years of growth. Today it looks more riparian than it did eight years ago. We did get on the ground eight years ago, but were unable to look at every single water course because your budget did not allow that. So, we were looking at samples again. Mr. Nodine told Commissioner McKee he thought the bridge was completed in the early `90s. So if there was a change in the flow of the water it should have occurred before 1996. Mr. Nodine pointed out that if you look at the 1996 aerial photos, they don't show vegetation as strongly as the more recent ones. When we started getting additional aerial photos we October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 6 started seeing other areas that were more distinct in terms of riparian. Color photography helped even more. Not everything is ground truth. You can't field check every area. Steve Lenihan, 1810 E. Calle del Vaso, Oro Valley, is one of the owners of the subject property. The other two partners, Peter Arendoff and Duff Hearon, were also present. They are opposing the designation of riparian habitat for the following reasons: (1) Fairness, (2) Legal issues, and (3) Science. Regarding fairness, this property was rezoned in 1986 as part of all the La Reserve project. Half of the property, on the other side of the wash, was given up in return for being able to develop the property that is currently part of their plat. The PAD ordinance was something that was negotiated by the Estes Company. We entered into a contract to buy this property in 2003. We hired MMLA Engineers to assist in the due diligence period to look into issues. We met with the Town, Bob Conant and Craig Civalier, and showed them the layout at that time which included everything to the left of the main channel. Other than some grading issues there were no apparent problems. After closing on the property we met with Staff a number of times and submitted our tentative plat in April, 2004. We then had comments and resubmittals. That was when we found out it was a riparian area. Our engineers looked at the various land use issues during due diligence period. The riparian map ended at the bridge and we had no idea this would be changed at a later date. We feel it is unfair to change the rules in the middle of the platting process. Regarding legal issues, we engaged an attorney, two hydrologists and one biologist to review the issues. We think because of giving up half the property and the rezoning back in 1986, we have the rights to rely upon that rezoning. The Oro Valley Zoning Code requires that the Planning Director make a determination whether the area is a riparian habitat in the pre- application stage, which would have been prior to April 2004. What Staff is asking you to do would conflict with the General Plan. State law, Section 9-462.01f says all zoning and rezoning ordinances or regulations adopted under this article shall be consistent with and conform to the adopted general plan of the municipality. Later in the same paragraph it says a rezoning ordinance conforms with the land use element of the general plan if it proposes land uses, densities and intensities, within the range of identified uses, densities and intensities of the land use element of the general plan. The General Plan allows us to do residential, apartments, and commercial. No use or open space use is inconsistent with the Plan. OVZC Section 3-003 says an application for rezoning or any change in land use will not be accepted if said use is not in full conformance with the adopted General Plan including the land use map. Section 3-1003c indicates that the Commission can rezone property to conform to the General Plan if it is conditionally zoned. The La Reserve PAD negotiated in 1986 provides that it can't be amended except by initiation of the owner, and all that needs to be done in terms of getting a plat approved is comply with the provisions of the PAD. From a science standpoint, we engaged Jay Esler, a biologist, to assist us. The original map we were given by the Town showed everything that is in the lower area of the property in riparian habitat. Harris originally excluded this area from riparian habitat. Then they came in and designated everything to the right and above the area that appears to be graded on the map. Harris comes back again with another map which he saw for the first time this afternoon. Mr. Esler has concluded that in rough terms, the area on the right side of the map, which is the main channel, is riparian habitat. One of the big issues is what are the flows in the wash? What happens as far as breakout in the channel? Our hydrologist, Clint Glass, delineated the two year flood zone to determine what area would get water from the stream, October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 7 and what would not. The two year flood zone is substantially the right half of the map. On an average that area is getting stream flow no more often than every two years. We don't think that supports a riparian habitat. The wash itself is an area that we plan on leaving natural based on our current tentative plat. Our biologist says you don't count dead plants. He spoke to two other biologists that were involved with the Southern Arizona Conservation Plan and they both told him you don't count dead plants. The ordinance talks about typical volumes. Mr. Esler says you have to have average volumes in excess of the .5 threshold. You have to look at the thickest areas of vegetation. The area Harris says is riparian happens to be at the bottom of a slope. More water would come down the slope so there would be more plants there. Even with that, if you take out the dead plants it is still below .5. When you grade an area, you have more water coming down the slope. Mr. Lenihan replied to Commissioner Kinared's question of how this proposal related to the General Plan compliance, that they relied upon Larry Shugart, who deals with land use issues. ARS Section 9-462.01f states that all zoning and rezoning ordinances or regulations adopted under this article shall be consistent with and conform with the adopted General Plan of the municipality. A rezoning ordinance conforms with the land use element of the general plan if it proposes land uses, densities or intensities within the range of identified densities and intensities of the land use element of the general plan. The general plan provides for certain residential uses. Attorney Andrews said at this point he does not see the riparian area per se as being inconsistent. Mr. Lenihan explained in response to Commissioner Manross' question that Mr. Esler has not issued a report and that the designated area for purposes of trying to reach agreement with the Town has been proposed for designation. It includes areas that do not get regular water because they are outside the two year flood zone area. It also includes areas that if you did transects in a broader area the average would likely drop below the .5. Probably 90 to 95% of what Mr. Esler shows in that proposal is an area that he thinks is riparian. There are certain (scalloped) areas near the bridge that encroach into the roadway in front of the last three lots by the bridge. Mr. Lenihan told Commissioner Manross that Mr. Esler has done lots of study, but no report has been made because the burden is upon the Town to show what the designation is of the riparian habitat. Harris and Mr. Esler have been working together in the field to try to reach an agreement, which has not happened. They have no problem with the wash area. The map he has seen from Mr. Esler shows some encroachment into the roadway in front of the last three lots closest to the bridge, but that was not a delineation. That was trying to reach an agreement with the Town, because that is looking at transects in the dense area and not looking at an average which is what he would do for delineation. Chair Cox said we were here to determine if we have a riparian area and what we are going to do with it, not if something is going to encroach somewhere down the line. He would like the Commissioners to limit their questions as to whether we have a riparian area or not. October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 8 Mr. Lenihan responded to Chair Cox's question, that they purchased the property in 2003. We did not inquire if the property was in a riparian area. We sat with the Town to determine if there were any significant issues we should be aware of. The riparian area was not raised. Duff Hearon, 1050 E. River Road, Suite 300, one of the owners, said all the documents that were on record for the property were carefully reviewed and showed that the property was not in a riparian area. Peter Aronoff, 6070 Desert Sun Court, Tucson, also one of the owners, talked about the hydrology issues. Mr. Civalier referred to quantities of water of 1700 cfs which take place in a 100 year event. However, when we met with Colby from the Harris Company, he was questioned as to what was the criteria for riparian habitat and how often did the flows have to cross these areas to make it a riparian area. Colby said at least an annual event. One hundred year storm does not apply. We showed two year event. Per Colby's definition it cannot be riparian. Colby Henley addressed the flow issues. Their question was in relation to the seep willow which is the strongest riparian indicator species, and how often that species would need to get water. His answer was it would need a once a year good flow event to maintain it. That was not used as criteria of riparian habitat as a whole, but for seep willow to survive and persist in an area. PUBLIC HEARING opened and closed at 7:55 p.m. There were no speakers. Mr. Nodine said yes that is correct when Vice Chair Anning asked if he could assume the original Harris delineated riparian area that was circulated with the packets should be replaced with the one handed out at the meeting. We are not looking at the riparian area that reflects the split. Mr. Nodine told Commissioner Kinared that this proposal was initiated by two planners, David Ronquillo and Bayer Vella, who went on site looking at the drainage issues related to the property in late June. This was after the plat submission. Mr. Nodine told Commissioner McKee he did not remember how long after plat submission that was, but the applicant would have the date on the actual plat submission. At that point we did have a plat that was certified. The only issue then was related to the drainage and determining the hydrology of the area. That is why the plat has been held up during this time. Mr. Nodine responded to Chair Cox that you can say yes or no to Harris, or you can look at, based on what has been presented to you, what you consider the riparian area to be. The applicant has said they would provide riparian areas to us and to date all we have is what is translated here, which came from a hand drawn map from Mr. Esler. Chair Cox said, so in essence we have a riparian area that has been designated by Harris, or we have no riparian area. Mr. Nodine said his understanding was that contention was only on the south split area. But tonight what he hears from the applicant is we may not have been designating that other area as riparian except to talk to the Town about it. The applicant wasn't committing to the other October 5, 2004 Approved Minutes, Planning and Zoning Commission executive Session 9 area as riparian. Mr. Nodine thought we had agreement that that riparian area would be considered riparian and the question was in the south split that has been discussed extensively tonight. Mr. Lenihan said we would stipulate to the two year flood area as being riparian area as shown on the map. Chair Cox appreciated that, but he has not seen what the outline of that area is. Mr. Nodine said the Commission could say yes or no to the Harris report. You could look at what has been presented to you and how you might modify that. MOTION: Commissioner Kinared MOVED to continue this item indefinitely until we have a presentation by Staff and the Applicant that we can actually figure out what the answer in benefits are. Commissioner Bistany seconded the motion Discussion: Mr. Nodine said what you are asking is for the property owner to submit what they consider the riparian area to be. He understood that that was coming forward this evening with their presentation. He can't force the property owner to provide a riparian map. That is their will or not, so he can't say that there is any specific date they will come forward with that. Commissioner Bistany said the continuance being indefinite, the property owner indicated, stipulated to certain areas that they might designate as riparian areas and our problem is that we can't see what was stipulated as it overlays what we see. The question is by the next meeting can you provide that overlay? Chair Cox stated the applicant is the Town. The Town is asking us to approve a riparian area that is very clear to us. Based upon what he has heard and his knowledge of real estate, we have an issue here that he doesn't think a continuance will help. At this point, the Town needs to sit down and come up with a riparian area that is agreeable to both parties. Commissioner McKee agreed with Chair Cox that a continuance is not going to solve this issue. He would lean towards approving the establishment of a riparian area, but with different boundaries than are proposed by the applicant, those boundaries being the two year flood area that the owner has indicated. Motion failed with 2 yes, 5 no vote. Commissioners Kinared and Bistany voting yes. MOTION: Commissioner Manross MOVED to recommend denial of OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K, finding that the request does not meet the three criteria of riparian area, that the area does meet the General Plan criteria and that the timeliness of the Town's request is not practical. Commissioner Krenkowitz seconded the motion. Motion carried 7 yes, 0 no. BREAK 8:10 to 8:15 October 5, 2004 Approved Minutes, Planning and Zoning Commission executive Session 10 2. FISCAL YEAR 2005-2006 CAPITAL IMPROVEMENTS PROGRAM AND APPOINTMENT OF A COMMISSIONER TO THE TECHNICAL ADVISORY COMMITTEE Mr. Nodine gave the staff report. A schedule has been put together for meeting in October and project request sheets should come in this month. There has been discussion about a potential study session. At this point we are continuing with the program and looking for recommended appointees for that committee. MOTION: Commissioner Manross MOVED to recommend Commissioner Bistany to the 2005-2006 Capital Improvement Program Technical Advisory Committee. Commissioner Kinared seconded the motion. Motion carried 7 yes, 0 no. 3. APPOINTMENT OF A PLANNING & ZONING COMMISSION MEMBER TO A TASK FORCE THAT WILL REVIEW AND MAKE RECOMMENDATIONS FOR CHANGES TO THE EXISTING COMMUNITY ECONOMIC DEVELOPMENT STRATEGY (CEDS). Commissioner Kinared asked to be considered by the Commission. MOTION: Commissioner Manross MOVED to nominate Commissioner Kinared for the Community Economic Development Strategy Committee. Commissioner Bistany seconded the motion. Motion carried 7 yes, 0 no. 4. GENERAL PLAN UPDATE: CITIZEN ADVISORY COMMITTEE APPOINTEES AND ANTICIPATED PROCESS Commissioner Manross requested this item be on the agenda because the appointments had been made by the Council and the Commission had not seen any of the names of the committee members and what direction they had been given. He would like to reiterate that he hopes this committee will go forth diligently. The Town of Oro Valley is one of the only towns of this size in the state that has not had a General Plan put forward. It needs to be done and it is imperative that we get this back out to the citizens again. Commissioner Kinared appreciated that we have the information, but would like to express his disappointment that the Council did not appoint a member from this Commission, who sat through all of the public hearings related to the General Plan. Commissioner Bistany added that he just went to the Arizona Planning Conference and Cave Creek Arizona has yet to pass their general plan. Cave Creek has said they are happy their general plan did not pass because they are in a continual state of updating. Commissioner McKee said he will attempt to represent the Planning and Zoning Commission on the committee. He did attend most of the meetings for the last plan. If the Commissioners have any concerns to bring forth, he will be happy to do so. Chair Cox said that he attended the Council meeting of which we have the draft minutes. Without being specific he was disturbed by the comments of some of the decision makers that they preferred citizens of the Town rather than members of boards and commissions. It October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 11 was said so many times that he personally thought that most people that sit of boards and commissions and devote their time and effort to it, probably didn't appreciate it. He would ask that our liaison pass along to the rest of the Council that those kinds of comments are not appreciated. Chair Cox has heard from several members of boards and commissions who felt exactly the same way. He would also like to thank Council Member Culver for her efforts to get boards and commission members put on the committee. 5. PLANNING AND ZONING COMMISSION RULES AND PROCEDURES Mr. Nodine gave a presentation that was done by Commissioner Krenkowitz in response to the Study Session held July 28th. All the changes relate to that, except Commissioner Krenkowitz included one area revision, 2.4A to address a comment received from Mr. Adler. Chair Cox thanked Commissioner Krenkowitz for his efforts and time. Chair Cox called attention to page 9, 2.5, regarding site inspections. He felt it would be appropriate to put in the following paragraph: "A site visit is conducted solely for the purpose of allowing Commissioners to gather additional information. The public or other interested parties may not actively participate to any extent other than that outlined in paragraph 2.5C." Site visits are to view the property and hear comments and are for the Commissions benefit. Under paragraph 2.6, Agenda and Zoning Code Amendments, Chair Cox asked if there was a conflict. 2.6A, last sentence, says the Commission Chair shall approve the agenda before its dissemination, distribution, and posting. 2.6C, says the Town Staff may place matters on the agenda. Do we need to add something to the effect that the Town Staff may add items to the agenda but not after the Chair has approved the agenda? Commissioner Krenkowitz's intent was for the Staff to prepare the agenda but for the Chair to approve it. The intent than is that the agenda is not the agenda until such time as the Chair approved it. The Chair has the prerogative or potential of changing the agenda because the Chair may be aware of comments by other Commissioners, or two or more of the Commissioners may have communicated to the Chair an interest in a certain item that Staff may not be aware of. The final authority is the Chair. Mr. Nodine said as a way to reduce any confusion, C could be move up to the first sentence in A and then the order fits. Commissioner Kinared said on page 19, 3.132A and B, Ex Parte Contacts, it seems that we should be discouraging those kinds of contacts. He would eliminate paragraph B and in A substitute in line 2 "avoid communicating with applicants or their agents" to say with "interested parties". In line 6 "Commissioners should invite and encourage applicants" substitute "interested parties" for applicants. It should not just be with the applicant, it should be with everybody. Commissioner Manross said he believed that there would be some times outside, when the public information that we need to have, has gotten outside the realm of this thing. As long as it is revealed how received there should be no problem. He feels the way it is written now it covers all aspects. October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 12 Commissioner Bistany agreed and understood about limiting any discussions with an applicant because of the appearance of impropriety. No Commissioner should solicit comments from the public, but if they are approached he thinks it is not inappropriate to tell someone in the public that you can't speak to them. Commissioner Kinared says we need to treat everyone equally, proponents and opponents. Commissioner Bistany said we assume communication if being initiated by the Commissioner. He is talking about communication initiated by a resident of the Town to a Commissioner. It needs to be revealed by everybody. He doesn't want to have to tell a member of the public he can't talk to them. Commissioner Krenkowitz said the intent is that A was only supposed to deal with communication with applicants. B was to deal with the public. He thought that what was incorporated in A and the underlying principal in B, was the dissemination of the information that no Commissioner was to engage in any conversation with the applicant or with the public without relaying that information to the rest of the Commission. Full disclosure is the intent of A and B. Chair Cox said he thought the Commissioners should avoid contact with the applicant. When we talk about interested parties, it could be conceivably anything that comes before the Commission. The citizens of Oro Valley are interested parties. Once the agenda is published he may get several phones calls with comments from the public. Should all conversation be shared? He hopes that is not the intent. Commissioner Bistany felt it should be disclosed when you enter into a dialogue of significance. Chair Cox asked to have significance defined. He wants public input other than those who come before the Commission. What does the Commission think should be reported and how do you measure it? Commissioner Krenkowitz said in terms of language, it is limited by the adjective "relevant". The intent is that the information would be conveyed if it would impact that Commissioner or any other Commissioner's judgment. There is an element of personal responsibility. Vice Chair Anning said we are in danger of writing ourselves into a corner. He doesn't personally want to know how many people you talk to on the street. If you go to a neighborhood meeting, you are being basically programmed by a group of people who have information that the Commission has not received yet, you need to report that. It may be the responsibility of the Commission to let that individuals know you don't want to hear any more. We have obligations as individuals to be fair how we treat people. It was recommended by Commissioners Manross, Anning and Bistany that the wording should be left as is. Commissioner Krenkowitz asked if they would agree to the following language: "A site visit is October 5, 2004 Approved Minutes, Planning and Zoning Commission executive Session 13 conducted solely for the purpose of providing Commissioners with pertinent information. Participation of others shall be as stated in paragraph 2.5C." The other Commissioners felt that wording was good. Attorney Andrews pointed out several grammatical errors. He also pointed out on page 8 that we make a distinction between executive sessions and public meetings, but when we say all persons so desiring shall be permitted to attend the meetings and hearing, he would like it to say "public" meetings. Bill Adler, 10720 N. Eagle Eye Place, said that at your last meeting when you had this item under review, you asked Staff to provide information on evaluations. The Board of Adjustment has completed an outline of how they are going to be conducting their evaluations and that is available to the Commission if interested. Evaluations are to be done by Town policy and should be part of this process. Ex Parte is a legal term and is related only to applicants and appellants. It is a judgment call as to whether you feel disclosure is necessary. In Section 2.9E4 the limitation on the public's ability to communicate with the Commission in writing has some restrictions that are unrealistic. When the Commissions agenda is not posted until 3 or 4 days before the meeting, and public information is not available it is unrealistic to expect the public to be able to put into writing and have it distributed 4 or 5 days in advance. In the interest of fairness you want to be sure the public has the opportunity to receive information, understand it and comment in writing, with enough notice so it is not a burden on Staff being able to make copies and distribute. But we don't want to preclude the public's opportunity to get information and respond. Chair Cox asked if we could change that to two days. Mr. Nodine said the schedule set for the Development Review calendar is that items need to be submitted at the time of resubmittal, when the applicant would have to resubmit for the Commission to be addressed in the Staff Report and attached as an attachment. They need to be provided to us one week after the resubmittal, which is about 3 days before the packets go out to be included in the packets so it is delivered to you. After that, anything that comes in, we make every effort to copy and get to you and that is covered by written communications that are not timely received, etc. Mr. Adler had another concern in the same section 2.9E4a, that when you have public hearings he doesn't think the Chair should put restriction or limits on speakers, other than the normal 3 minutes. If it is a public hearing anyone can speak. Chair Cox felt if there is a huge number of people there and all saying the same thing, he thinks the Chair should have that discretion. Mr. Adler said there was a time when this board was interested in what the public thought, and you entertained creating forums to try to facilitate getting information as to how the Planning Commission arrived at its decisions and how you prioritized your thought processes. The deletion of 1.3 Section, where you have a clear opportunity to set forward the priorities and process by which you view decision making, you remove the opportunity to explain yourselves. You may want to reintroduce that section. October 5, 2004 Approved Minutes, Planning and Zoning Commission Executive Session 14 MOTION: Vice Chair Anning MOVED to recommend approval of the attached Commission Rules and Procedures dated September 15, 2004, as modified this evening with a consensus of the changes made. Commissioner Manross seconded the motion. Discussion: Chair Cox asked if any of the Commissioners felt there should be language included that these rules should be reviewed on an annual, semi-annual or every two year basis. Commissioner Krenkowitz felt that did not have to be added into the rules, as that can be done by request of the Chair or by any two Commissioners at any time. Motion carried with 7 yes, 0 no vote. PLANNING UPDATE The 2004 Annual Boards and Commissions Conference will be held on Friday, November 12, 2004 at the Black Canyon Conference Center, Phoenix, AZ. This fulfills the 8 hour requirement for continuing education and the Town pays for and provides transportation. We are looking to put together an advisory committee for CEPTD, if anyone would like to volunteer. ADJOURN REGULAR SESSION MOTION: Commissioner Kinared MOVED to adjourn the Planning and Zoning Commission meeting. Commissioner Manross seconded the motion. Motion carried with 7 yes, 0 no vote. Meeting adjourned at 9:15 p.m. Respectfully submitted, • Cv6 J 1 C '� Diane Chapman, Recor ing Secretary 4. .. r ii, AFFIDAVIT _7- PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) �� ,i being first duly So',*t►i•; ep 6gte i•f''dt'ays that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached PUBLIC HEARING AMEND RIPARIAN MAP OV9-•••04--07 10/6/04 7: 00 PM was printed and published correctly in the regular and entire issue of said THE i DAILY TERRITORIAL for issues; that was first made 16th SEPTEMBER 04 on the day of 20 1i.:ith and the last publication thereof was made on the day of SEPTEMBER n4 20 ; that said publication was made on each of the following dates, to-wit: 09/16/04 Request of TOWN OF ORO VALLEY Daily Territorial -2'7 C.....9— \\....xi I- c..,,..-C:-.2,"K-N,... Subscribes dnd sw to before me this day of 20 16th SEPTEMBER 34 r Public in and for the County of Pim ,State,(..-,, ,,.: \\__ ,t ,c ,..,_1.. A .Ona Y U Y , 4 My Commission xpires: ;vey ,,�, , `� ,'- e • NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN REVIEW TOWN COUNCIL TIME at or after 7:00 p.m.on WEDNESDAY,October 6,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT:PUBLIC HEARING.ORDINANCE(0)-04- .OV9-04-07.REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RI- PARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE.PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Plan- ned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please con- tact David Ronquillo,Planner,at 229-4817 or dronquillo@orovalley.net /s/Bayer Vella,AICP Senior Planner Pub:The Daily Territorial September 16,2004 Req:Town of Oro Valley hrov9-04-07 jw AFFIDAVIT - PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first duly sworn, eposes an says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached PUF+L I C HEAR I NG ORDINt NCE (L`}) —04, 0V9--04-0,' 10/06/04 7 PM was printed and published correctly in the regular and entire issue of said THE 1 DAILY TERRITORIAL for issues; that was first made 17t h SEPTEMBER 04 on the day of 20 17ti"3 and the last publication thereof was made on the day of EPTEN1 3ER. 04 20 ; that said publication was made on each of the following dates, to-wit: 09/17/04 Request of TOWN OF ORO VALLEY Daily Territorial By Subscr and swo to before me this day of 20 17th SEPTEMBER 04 •Q I; ry Public in and for the County of Pima, Sta0� �i '; . „ary -u is-AnzonA My Commission Expires: ( Q Pm A COUNTY . ;yr Commission Expires:" �r ` ' FEBRUARY 4, 2008 • , NOTICE OF PUBLIC HEARING CANCELLATION BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,CAN- CELLATION NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: CANCELED REVIEW TOWN COUNCIL CANCELED TIME:at or after 7:00 p.m.on WEDNESDAY,October 6,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: CANCELLATION: PUBLIC HEARING. ORDINANCE (0)-04- , OV9-04-07.REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TQ EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Plan- ned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. In the future,members of the public will be invited to a meeting in the future and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. Should you nave any questions regard- ing this mater,please contact David Ronquillo,Planner,at 229-4817 or dronauil- lo(o�orovalley.nef /s/Bayer Vella,AICP Senior Planner Pub:The Daily Territorial September 17,2004 Req:Town of Oro Valley hrov9-04-07(2)jw NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p. m. on WEDNESDAY, October 6, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater, please contact David Ronquillo, Planner, at 229-4817 or dronquillo@orovalley.net Bayer Vella,AICP Senior Planner F:\OV\OV9\2004\9-04-07\Notice\TCnotice10-6-04.doc NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p. m. on WEDNESDAY, October 6, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater, please contact David Ronquillo, Planner, at 229-4817 or dronquillo@orovalley.net Bayer Vella, AICP Senior Planner Posted: 9-15-04 Time: 8:30 a.m. By: sg F:\O V\O V9\2004\9-04-07\Notice\TCnotice 10-6-04.doc NOTICE OF PUBLIC HEARING CANCELLATION BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, CANCELLATION NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: CANCELED REVIEW TOWN COUNCIL CANCELED TIME: at or after 7:00 p. m. on WEDNESDAY, October 6, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: CANCELLATION: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. In the future, members of the public will be invited to a meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any questions regarding this mater, please contact David Ronquillo, Planner, at 229-4817 or dronquillo@orovalley.net Bayer Vella,AICP Senior Planner Posted: 9-15-04 Time: 2:00 p.m. By: sg C:\Documents and Settings\sgay\Local Settings\Temporary Internet Files\OLK6A\TCnotice10-6-04-cancellation.doc October 13,2004 Re: OV9-04-07,La Reserve Riparian Map Amendment,Parcel 220-080-08K Dear Applicant: At their regular scheduled meeting of October 5, 2004, the Planning and Zoning Commission voted (7 - 0) to deny the proposed riparian map amendment. The project will proceed to Town Council on October 20. Sincerely, David Ronquillo Planner cc: Shirley Gay File 4. fr ' 110$°°'Itr' N $ ) 10• • Yd.,. Ns. ,,, opt • , :adoell_, '', * • ,>' ,,,. . 7s 4111: .:,• ge 'a.1%* 1 1/4 N N......i.. ir. ‘ A Property Lines t ';. _ #.♦ .. - »- '+ y- „-.*',,...-. #,`,'#4 lir.,Itoptit a 0,40,'A, -09 thy i '1111:..-‘‘ #i t ;, *N. ' 1/"4 µ 011: 2 , . t 4 2 * sii. ..s. i lok _,, ,,,,01„, Sitli"" . -. 1 4' s 4 * * APik IF . *. , , (1 #** A d? 1114 Aw. 4-, **.'• ;fit t Ap, `.: '► *dr 1,10,,, * . • 4 7,-.,'• •' *** altar • .f 4 e vit, . a lifirt.",..js)00 . . 10800 ,2 It 4 . , „. # Olk *.,,,b10:11.. litit,41111; 4 . !S 4 illic ., .., 'fri ar r.- :� a a. 'j 1 ,01, ... 4/ r,► „' \III 4 ar* * ir {qa 0791 a mom ,. ,,dr ;e+ . v will, -� ' . / toms., Al 0 4 all' '� x 110 Ix 1[ aril T .'s - TOB.. '* _ - -ot 10779 y• z.� 4. - Harris t-' _ .. Delineated , 1 r N. elineate .• g-ci 10 �a _ ._ ' , �$ � .., .w . Riparian . , ' f-� . 07r p � Area �' v w7?0 �. lriii _� its #v a , , tits Ntt,: ili "......,„,...30.4.....jr 4 S tea''• t,. . , * - x r 7' ' -1,I -..., .14.Ni.ti.., lowicilll I. • Sir 7°' 'lb 's 111A. iii iall, .. • .0 411 44 ,... * 0 4 +- 44 27 a Air. ...., A .„ * , _. - - s .., _ , .....40 ''t- . ' n-• ' ' s w�� e� ,.,,,,,. • < , • di• �w � � ". � �, �•r • ie., lik 1. Au y 4*� kir * . TIaW A -- _# yt Q . a 1:4 ..... 4, i; '�` Existing. 17g8 �ps ,-4. jier ' '10 444 Alt 40 Riparian 1*Aa CA,- '' 41-11*1 41k- ' I. Or "" ., 4 'd Area :n• ' - •ft a k.... 4.. . - . .. . ..... ,...., . pi.Alk 04% _v Is , 44 . le' , .....,- 41 10 - kiik, 4' "" -16;1411. 246,,,ikc ba:Yritril.,....* 41"*"**-4- *-- a Zps ik#" �r Alt t \ ,i, - n* 10,..., 4 ,� .411$ 7 ,ir i, a 51.143�; 4. of OIIIPP *' A 1 of'''.10 y :11121PINIPTSV xi iiii A _ 1 �' I."41 r ��{ _ im:Ptit, 00:: . y • LHA LA RESERVE, L.LC. 1050 East River Road, Suite 300 Tucson, Arizona 85718 (520)293-1702/Fax (520)293-0539 email: slenihan@usa.netIE' \ C ] r ) I October 19, 2004 Mr. Bryant Nodine Planning Director Town of Oro Valley 11000 N. LaCanada Drive Oro Valley, AZ 85737 Re: J.K.E. Bio - Consultant BC Riparian Report Dear Bryant: Enclosed please find eight (8) copies of the above-referenced report; one for you, one for the Mayor and one each for the Council Members. Very truly yours, LHA LA RESERVE, L.L.C. /;9 y !. Stephen J. Lenihan SJL:mkg Enclosures t; It W JJI-e `o _ ao-© Y ���-e gip/ �o r/ Cop <s fo 1K 1`e- Line , s TOWN OF ORO VALLEY ,�_s—C' 5 "'OWN COUNCIL STAFF REPORT MEETING DATE: October 20, 2004 TO: HONORABLE MAYOR& COUNCIL FROM: David Ronquillo, Planner SUBJECT: PUBLIC HEARING: RESOLUTION NO. R(04)- 29 , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K BACKGROUND The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. In terms of location, the surrounding properties include the following: North: Foothills Business Park East: Fairfield Pusch Ridge Subdivision - Vacant land that was previously platted West & Southwest: Boulder Canyon Apartments and La Reserve Parcel 0 & S Subdivision (across Pusch Wilderness Drive) Southeast: Bridge The topographical constraints of this site include; areas of 25% slope, portions of wash and areas of dense vegetation. There are numerous areas of this site that have been previously graded (see attached aerial). The bridge, located near the southeast property line, spans a large wash that flows from the Catalina Mountains downward through the subject parcel. The wash area on the uphill side of the bridge is designated as protected riparian area; however, this designation abruptly terminates at the bridge. The riparian area on the downhill side of the bridge was not included as part of the Overlay District. Currently, a preliminary plat has been proposed for this site, which includes significant encroachment into the proposed riparian area. The plat was submitted on May 13, 2004, well before Staff was aware that there might be a riparian site on the property. The plat will be reviewed by the Development Review Board on October 12. Project Chronology The following is a chronology of the events relating to this project; • July 16 —Initial report submitted by Harris Environmental concluding that a portion of this parcel meets the characteristic of a xeroriparian habitat. • July 21 - Staff met with the applicant to discuss Harris Environmental findings and the proposed riparian amendment. F:\O V\OV 9\2004\9-04-07\Reports\TCrpt.10-20-04.doc 1 , TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 2 • July 30th — Staff sent a letter to the applicant indicating the noticed public hearing scheduled for the August 3 meeting would be cancelled to allow additional time for the applicant to research the site and meet with Staff. • September 1 — The applicant had not made progress on the site research so Staff sent a letter to the applicant indicating the noticed public hearing scheduled for the September 7 meeting was cancelled to allow additional time for the applicant and Staff to meet and discuss findings. • September 4 — The applicant submitted a letter of protest representing 100% of property owners, which �'4would require a majorityvote bythe Town Council. I • September 22 — Both consultants, Harris Environmental and JKE Bio-Consulting met on site for an iw extended site review of the proposed riparian area. • September 29— Staff met with the owner and their representatives to discuss consultant's findings. -'' • October 4 — In an effort to achieve a consensus on the riparian limits, Harris Environmental and J O�' Bio-Consulting again met on site to check the accuracy of their findings. • October 5 — The Planning and Zoning Commission reviewed and denied the proposed riparian map amendment. SUMMARY: Staff requests to amend the Town Riparian Habitat Protection Overlay District associated with Chapter 10-7 of e Oro Valley Zoning Code to include a portion of Parcel 220-080-08K. At a field visit to investigate the isting wash and vegetation within this parcel, it was determined by Staff that portions of this site may qualify as a riparian area. Staff consulted with Harris Environmental, who provided the research of the current OVZCR riparian map. Harris Environmental was hired by the Town to further analyze the validity of the existing wash and the vegetation within this area. Through field visits and GIS analysis, it was formally determined by Harris Environmental that the characteristics of this area qualify as a xeroriparian habitat. The Oro Valley Zoning Code (Chapter 2) defines a xeroriparian habitat as "supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include Mesquite, Blue Palo Verde, Desert Willow, Caticaw Acacia, Whitehorn Acacia, Desert Hackberry and Ironwood. Actual Species composition is typically a function of the extent and frequency of stream flow. Xeroriparian habitats are present along washes throughout the Town of Oro Valley." As specified by Harris Environmental, "this definition addresses two components of a riparian habitat; hydrology and species composition and the code further subdivides xeroriparian habitat based on vegetation volume and structure and species composition." The property owner has also consulted with their representative from JKE Bio-Consulting to analyze the validity of the proposed riparian area. On September 22, 2004, both consultants (JKE Bio-Consulting and Harris Environmental) conducted an extended site review of the subject parcel to examine the surface drainage patterns, vegetation composition and disturbance of the site and attempt to achieve a consensus if a xeroriparian habitat existed and if so, the extent of the proposed boundaries. In the end, both agreed that the parcel did contain xeroriparian habitat; however, disagreed with the delineations of the proposed limits. The attached port from Harris Environmental provides a detailed analysis of this site visit and explanation of the findings. he property owner has chosen not to submit a formal report from JKE Bio-Consulting. Exhibit A & B show 4 the delinea of n o e limitsp p ro osed both consu� l�an�'s�xc i it B was transferred from t1 eland drawn mast provided by JKE Bio-Consulting. A more inclusive map was shown at a later meeting,but not submitted. F:\OV\OV9\2004\9-04-07\Reports\TCrpt.10-20-04.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 3 On September 29, Planning Staff met with the applicant and their representatives to further review the extent of the riparian limits. At this meeting, both consultant's presented their detailed findings, which included discussions regarding plant volumes, plant types, and the hydrology of the area and it was determined that the area west of the primary channel was still an issue. In an attempt to further resolve the differences, the two consultants met on the site on October 4 prior to the Commission meeting and in the end there was still no consensus, Overall, both consultants have based their findings on different conclusions. Harris Environmental, representing the Town has focused their analysis on species composition and water flow connectivity. JKE Bio- Consulting, representing the applicant has focused their analysis on density volume, species composition and water flow off the hill side. Based on the data provided at this time, specifically the report provided by Harris Environment, Town Staff recommends that the xeroriparian habitat delineated in Exhibit A be included in the Town's Riparian Habitat Protection Overlay District. If this area is approved as a xeroriparian habitat, approximately 14 lots within the proposed preliminary plat would encroach into the designated area. The applicant can apply to encroach into the riparian area per Sec. 10-704 of the OVZCR and the Planning & Zoning Administrator can approve or deny encroachment based on a mitigation plan. The Administrator's decision may bF ppeal d to the D velopmen . Review Board and Town Council. fiV V ' " ( 1"v 6 > t r ) 4" ;ENERAL PLAN CONFORMANCE: 06/ ,� ',uv�k . Alte .f ( 5f- 70 pe twieta, Staff has evaluated this proposal with regards to the General Plan. This site is designated as Low Density Residential (LDR). A Riparian Overlay District may be applied to any General Plan designation. The following Policies are applicable; • Policy 8.1G, "Indigenous (native desert) vegetation and riparian habitats should be maintained and enhanced where possible. " This proposal would further expand the Town's Overlay District and maintain the proposed xeroriparian habitat that would otherwise not be protected. • Policy 6.2G, "Preserve and enhance open space areas that protect the visual, natural and cultural resources of the community. " Preservation of the existing wash and dense vegetation along this portion of the site would be achieved. PUBLIC NOTIFICATION AND COMMENT: As required by State Statue, public notification regarding the proposed amendment was given to the adjacent property owner's. Since the completion of this report, no comments have been received from residents. The affected property owner has filed a letter protesting the designation. F:\OV\OV 9\2004\9-04-07\Reports\TCrpt.10-20-04.doc 1 . TOWN COUNCIL STAFF REPORT TOWN OF ORO VALLEY Page 4 PLANNING & ZONING COMMISSION ACTION: At their regular meeting of October 5, 2004, the Planning & Zoning Commission voted (7 — 0) to deny the proposed riparian map amendment with the following motion: MOTION: Commissioner Manross MOVED to recommend denial of OV9-04-07,proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K finding that the request does not meet the three criteria of the riparian area, that the area does meet the General Plan criteria and that the timeliness of the Town's requests is not practical. Commissioner Krenkowitz seconded the motion. Motion carried 7 yes, 0 no. SUMMARY OF FACTORS: Factor For 1. Based on the letter submitted from Harris Environmental, this portion of property meets the characteristics of a xeroriparian habitat. 2. This proposal would further expand the Town' Riparian Overlay District and maintain the existing xeroriparian habitat within this portion of property. 3. Meets the applicable General Plan Policies. 'actors Against 1. This portion of property is not protected in the existing Riparian Habitat Protection Overlay District and may be developed. 2. Though no formal report has been submitted for review, by testimony, JKE Bio-Consulting disagrees with the delineation of the riparian map limits proposed by Harris Environmental. zo B cause the applicant submitted a letter of protest representing 100% of the property owners for the proposed mendment, a majority vote by Town Council will be required (Per Sec. 3-111 of the OVZCR). i ' SUGGESTED MOTIONS: 6) 2 81 t/ The Town Council may wish to consider one of the following motions: I move to adopt Resolution No. (R)0429 , OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A. OR I move to adopt Resolution No. (R)04.- 29 , OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in xhibit A and the following added conditions: . OR F:\OV\OV 9\2004\9-04-07\Reports\TCipt.10-20-04.doc TOWN OF ORO VALLEY TOWN COUNCIL STAFF REPORT Page 5 I move to deny Resolution No. (R)04-29 , OV9-04-07,proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K as specified in Exhibit A, finding that: ._.... ,... : . 1. Resolution No. R(04)- 29 ." 2. Harris Environmental Letter & ,. 3. Exhibit"A"Harris Environmental Riparian Limits 4. Exhibit"B"JKE Bio-Consulting Riparian Limits i AIL P oni Administrator ( Co i Develo ent Director °" Town Manager cc: Steve F:\OV\O V 9\2004\9-04-07\Reports\TCrpt.10-20-04.doc RESOLUTION No. (R)04- 29 A RESOLUTION OF THE TOWN OF ORO VALLEY, ARIZONA TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K WHEREAS, the proposed riparian map amendment will expand the Town's Riparian Habitat Protection Overlay District to include a portion of property as specified in Exhibit A; and WHEREAS, the Planning and Zoning Commission, having considered said application and request at a duly noticed Public Hearing, in accordance with State Statue, and having made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has duly considered the proposed amendment at a duly notified Public Hearing and finds that it is consistent with the Town's General Plan, and other Town Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Council hereby adopts the riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of property as specified in Exhibit A; and SECTION 2. The effective date of the riparian 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 the ordinance or any part of the riparian map amendment adopted herein 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 20th day of October, 2004. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Town Attorney . ^yet � ` ,4N. 9 :' � � HARRIS ENVIRONMENTAL GROUP, INC. 58 East 5th Street,Tucson,AZ 85705 520-628-7648 Fax: 520-628-1458 5 October 2004 Bayer Vella Town of Oro Valley 11000 N. La Canada Drive Oro Valley,Arizona 85737 RE: Parcel#22008008K Dear Mr.Vella, On 22 September 2004, Harris Environmental conducted an extended site review of Oro Valley Parcel #22008008K with Jay Esler (JKE Bio-Consulting), a representative of the parcel owners. Additionally, we conducted three vegetation volume transects in the study are with Mr. Esler on 4 October 2004. Parcel #22008008K consists of 11.73 acres located within the La Reserve planned area development at the northwest corner of Pusch Wilderness Drive and North Buck Ridge Drive. The purpose of these site visits was to examine the vegetation composition and structure, surface drainage patterns, and disturbance on the site and then attempt to come to a consensus on whether the parcel contained xeroriparian habitat and, if so, the limits of that habitat. While we both agreed the parcel contains xeroriparian habitat, our delineations of its limits differ. The Town's Zoning Code (Chapter 2) defines xeroriparian habitat as areas "supported by intermittent or ephemeral stream flows. Typical species associated with this habitat type include mesquite,blue palo verde, desert willow, catclaw acacia, whitethorn acacia, desert hackberry and ironwood. Actual species composition is typically a function of the extent and frequency of stream flow." This definition addresses two components of riparian habitat; hydrology and species composition. The Code further subdivides xeroriparian habitat based on vegetation volume and structure and species composition. Finally, disturbance to the drainage patterns from development or flood control devises should be considered when delineating riparian habitat. Based on these four criteria (hydrology, species composition,vegetation volume,and disturbance),we believe the area delineated is xeroriparian habitat. Hydrology First, the habitat delineated was connected to the hydrology of the overall drainage system as evidenced by the presence of multiple,braided channels, supplied by upstream flow,that both drained into and bypassed the engineered channel on the northeast side of the parcel. This pattern of multiple, braided channels is a natural phenomenon influenced by various factors, including energy of the water flow, gradient of the system, soil substrate, and sediment load. However, the channel pattern we observe today is just a snap-shot of a dynamic process. In riparian systems with braided channels and broad floodplains, it is more appropriate to define the riparian zone based on the extent of all channels, rather than just the single largest or smaller individual channels because movement of the channels across the floodplain may occur through time. Harris Environmental Group,Inc. Species Composition During Harris Environmental's first visit to the parcel in early July, we identified several species, including mesquite (Prosopis velutina), blue paloverde (Parkinsonia floridium), catclaw acacia (Acacia greggii), and desert hackberry (Celtis pallida), that are listed in the Town's definition as typical of xeroriparian habitat. Mr. Esler and Harris biologists subsequently agreed that four species not listed in the Town's definition are potential indicators of riparian habitat. These species included seep willow(Baccharis glutinosa), canyon ragweed(Ambrosia ambrosioides), desert lavender(Hyptis emoryi), and janusia (Janusia gracilis). Seep willow typically occurs along streams and other waterways and is listed by the U. S. Department of Agriculture as a facultative wetland indicator species in Arizona and New Mexico (USDA NRCS 2004)1. Canyon ragweed is common to abundant along washes throughout the warm deserts of Arizona. Desert Lavender is common in gravelly or sandy washes and in canyons below 3000'. Janusia is a widespread vine common to desert washes. During this most recent visit all four of these additional species were actively growing within the area I delineated as xeroriparian habitat. Total Vegetative Volume The Town's Code subdivides xeroriparian habitat into three categories based partially on total vegetative volume (TVV). 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 25-meter transects (numbers 1, 2, and 8) that were previously established by Mr. Esler. Vegetation recorded included plants that were dead but still rooted in the ground. These dead plants contribute to the overall structure of the vegetation and provide habitat for wildlife. In addition, dead (but rooted) plants provide erosion control in areas of water flow. The inclusion of these plants is consistent with the objective of habitat measurement, and was confirmed with a landscape architect involved in the Town's original riparian mapping project (McGann & Associates et al. 1995) and the consulting firm that first applied the methodology to riparian habitats. Based on our measurements, two of the three transects (Figure 1) sampled support vegetation volumes consistent with the Town's definition of Xeroriparian C Habitat(vegetation volume of 0.500— 0.675 m3/m2). fi Table 1. Vegetation volume within Parcel#22008008K as measured on 4 October 2004. Transect Vegetation Volume (m3/m2) ( 14 . 1 0.673 Ao& 2 0.450 �,e-� Gl 8 0.534 U ��6 y Disturbance ( `12 Finally,the original surface water flow across the parcel has been modified by the presence of earthen 1 and rock berms, fill, and an unimproved dirt road probably used to construct the bridge over the wash. However, virtually all of the upstream flow continues to pass through the delineated riparian habitat, thereby keeping it functionally intact with the upstream system. 'USDA Natural Resources Conservation Service. 2004. The Plants Database,Version 3.5(http://plants.usda.gov).National Plant Data Center,Baton Rouge,LA.70874 USA. Parcel#22008008K Riparian Habitat 2 Town of Oro Valley HEG#04-135 Harris Environmental Group,Inc. ' " Conclusion The area delineated as xeroriparian habitat exhibits linear continuity of water flow, despite evidence of site disturbance, supports plant species composition consistent with riparian habitats, and contains vegetation volumes within the levels listed in the Town's Code. If you require any additional information,please do not hesitate to contact me at(520) 628-7648. Sincerely, may Colby Henley Natural Resources Division Manager LITERATURE CITED MacArthur,R. H. and H. S.Horn. 1969. Foliage profile by vertical measurements. Ecology 50:802— 804. McGann & Associates, W. Shaw, M. Livingston. 1995. Summary Report, Town of Oro Valley Riparian Habitat Classification and Mapping Project. 19pp. 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. USDA Natural Resources Conservation Service. 2004. The Plants Database,Version 3.5 (http://plants.usda.gov).National Plant Data Center,Baton Rouge,LA. 70874 USA. Parcel#22008008K Riparian Habitat 3 Town of Oro Valley HEG#04-135 {y a p vie '''.4„ * Aki ;tee 10. t , , „,,,,,,,, , - I 1 .# * i Oil -* 4,4 # �. : Property Lines 4► _ : i C '_". - uF Fx • UY' x r • 4. w d . r ' 4 10 ; to 4 4.;''' * IMP*411,014'' '1111.#.11bill * s *441,,, a ,, Ilk AI' 7 iiik # , . Ir. A► . 44. ,', -..v.itt .l•-*e*.T,,wi.„ .. * 1.*..4,16'.*0. 1 ` 't s'f -0 '..�.... , 4, t.,.R.. �,' .. -. i s T n..r._, '3 y1 4,yAQ,�' it „....,., , ......41, , .r , . ,.....,4:_p_ :114-1111::,.1 z -;:‘,. 4,- ..,0, 0 . ,,,. ; ! i et1 1-44."l'i-4 r �' 7 --.'*'*'''*4'•441„:,0#'.-,4.,,144.*: :7 •-' Metes �. ° " * # ''.+ .. 4 a°.. - - 14 ..allpeilli..,_ , . o ii 4,1i.. ' ,0 _A LIF ._-,-7.-ur 1 ' 4) * .or ... 4 .4, f-, irli. , - Harris, ,1r4 .{11.,-...-'1,a,, t' *. • '! @ I n ate{�' 144 t0 - t # *- q; tit ,4. . # t._ .' f ,Riparian - . # # 411. •' f* •Area,., ,�� � �= __= ,, `'," ...*1/40, 1 v. ..,.. .it fit, ylk , . t. . ,, ,,„ 4 .4g. t 0 s # ., s' i s ` 41 1 w c "E - ' Lam- k W " , V\ )1; ) r % iior, sit,,.. . . 0....44::,,,,,, 40" _ * . 01 , „ • ' `+►, _ tr` ?;fit , * ,.. .` r ' `00d► M i'` t! aR r „ a• ,yti �y ,. may'� µ ,. - Existing Riparian 1 ___- i.t rea 1,4 4tt. • >~ '� 1y'�` a .. -----_ :, _ frit, /Air , , *' � -+�. .__ , ' •tic .)*- i . d��t. .�. �„_* k �rt _�� _ . `•ii Ali 4 > 4„. •) 4 ii.zsdP :.....11 :, :11114.,'4 c 4. 'bi . Ze... If -‘..... . - t fsk * ' het s � l( ham;- �� 4 .* + `. �,,. *r. « iiiiir ' 1'ek :We*' :#1,,PI,:141‘I'tt:.e • �\ • V., �,� � ,��Ai,,� � „� .. ,It x...'F ii " �.. � + ''' ,, • . - 09. A ttelk . - k 74. **. •.' '**- , 14.Y. r,s, tit ,[p �,qyr,� ; 1B,, 'i r4p YR R Cif ' . , r k4+ 4, , �1 6, , ..., , • . s.. k t`'_ 14 ,'* . * �r} • r am' fl *111 v R,'. 4 4 i.,,,,, , • . JKE Bio-Consulting �' : , asit _ 0' ,. *It°•. br- i 11, Delineated Riparian Area . + - 11 i $ i'� * . , I.*** -*- "NO' ..- Ipip '41, 4 171* i ' 'ANL;'4 a w 0 ' { 1fir. eit' .,- : .1, ": '147::. 14t,410f111642601.10` Or'. *, 0# Ir. .., i.. 'J..41,op 01,A, ..,*, it * f ,, .,, s +y P f.sue. *•, t IV r♦ a, . 1.4.0.4,:ir,..:44, , asity,..... _ 446 itio, .M iii '"...,_ t.r .°`1st ji, . x � 1 . #_. • It c ' 1114, 41, 414, iv *4010,„ b , deit*.* • 11 .," - - "t 4 46' *- .4,„_'14t 1.,Atit .4,6,4 ��pp R� i { , ivei„,.,,,,, - ,„ . rit .40.1tr ."r" It+lb A,. - ,..,., . - I. , IR : IP f. "'" ,11444 , '40. ^,, litil. 0 1111 * -41 ligt \ 41%, 1,,, ',.,, 1,.. . '" .4 _ Ara ,L. i' ' . *1/4 -, 4114.% 71.,,„;, •4 •• 4 , • .0 so. 44„: - (t".'4Y Apitso Itli'"r *I *i:-411111.- 4 ,a a r. ,-v ,,.' 4. : ,itir: . .. , jtirk Ilii . e, —ir*. . , ,. -0, .1\40,- 4i-l' 40,,,, is, .4* 11 1° OAP ' . '' ir„,,:it**,. ji . „' 4, -, '„ ,.. tar ilt ' ' .. s•,,,,- gm_.....9 i� ..0- iegritor .. itiha. ivik,10 ' - .-..— .14. ---4•0 • ' * :it' . , t**ii.4 'r70441'„, ..404N.:1%-4* Ti'lio'. :'''''' siki * 4 i, Joit , 44 - t -- ill++ �}. ,7F ��y �.y,T .' !* x •.fit, `.. E 4. .... — ��O c f �e - .w: C 'f.:.:Alm" '#. a .1•i •41 Pt_LEY AR/ 0 11 0. 44 16- c: °L/NDED 9' Office of the Town Attorney Memo CONFIDENTIAL SUBJECT TO ATTORNEY CLIENT PRIVILEGE To: Mayor and Council From: Tobin Sidles,Acting Town Attorney ,14/..- CC: Chuck Sweet,Town Manager Date: October 18,2004 Re: AMENDMENT TO THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT TO INCLUDE PIMA COUNTY PARCEL#220- 080-08K (Executive Session Item#5 for the 10-20-04 Meeting) Background: In an Executive Session Communication provided earlier the Town Attorney's office advised the Mayor and Council as follows as it applies to Pima County Parcel#220-080-08K: The Town may approve a Preliminary Platt under Anzwool. If the Town is seen to delay the Plat request,then successful legal action against the Town is likely. The Town can deny the Preliminary Plat if the application fails to meet the criteria spelled out in the Town regulations.Anzwool. Finally,in the event the Preliminary Plat is approved because it meets the criteria spelled out in the Town regulations,the Town can still subsequently approve the Rezoning of the Property under Dawe v. City of Scottsdale before the Property owners vest their property rights. After further review of the La Reserve PAD,the applicable zoning on the Property, there are additional legal considerations. Specifically,within the PAD the term Development Plan is defined to include Plats as follows: F:\Coundl\Executive\2004 EX\102004 EX re Zoning and Plat for Parcel No 220-080-08K Addition.doc . Section XIV Development Site Plan,Approval of Development Site Plans and Plats(Collectively"Development Plans") Subsection 3 of this very section of the PAD further provides as follows: Approval-The Mayor and Council shall act upon the submitted Development Plan at the next regularly scheduled public meeting. Compliance with the development standards of this Plan (Plan is defined in the PAD as the PAD1 shall be the sole basis for action by the Mayor and Council,except that the Mayor and Council may defer action in order to obtain additional information where the Mayor and Council determine that a Development Plan,as submitted,may pose a hazard to the public health,safety and welfare. (Emphasis added). Conclusion: To apply riparian habitat gulation to development within the PAD the criteria must be included within the PAD because the sole basis for action by the Mayor and Council is governed by the standards of the PAD. Moreover,the Riparian Overlay District is not part of the PAID. Consequently,amended riparian standards in the OVZCR cannot apply. Put another way,only the adopted La Reserve PAD standards apply to plats within the La Reserve PAD.Unfortunately the zoning regulation adopted in 1986 that applies to Pima County Parcel#220-080-08K still applies today. // / •Page 2 Xeroriparian Evaluation LHA La Reserve L.L.C. Proposed La Reserve Villas Boulder Canyon Area Town of Oro Valley, Arizona r---- __ ___ RCE (rv � OCT 2 0 2oe4 Prepared By: J.K.E. Bio-Consulting Tucson, Arizona INTRODUCTION Engineering and Environmental Consultants,Inc. (EEC)representing LHA La Reserve L.L.C. was in the preliminary plat review phase for several months when the Town Of Oro Valley presented new information that potentially could effect the viability of the proposed plan. This information was communicated to Engineering and Environmental Consultants, Inc. during a re-submittal. The new information, obtained in a preliminary finding by Harris Environmental Group,Inc.,was the identification of area xeroriparian previously not designated By the Town of Oro Valley. Notification of potentially regulatory area in the parcel was made later in the process, after two re-submittals. This area was not previously identified or included in the Town of Oro Valley's"Riparian Habitat Protection Overlay District". Harris Environmental Group's recommendation was to add the newly delineated area to the "Riparian Habitat Protection Overlay District". To obtain clarification and understanding LHA La Reserve L.L.C. contacted Jay Esler a "Town-qualified Biologist"to assist in their goal. First, a preliminary investigation of the parcel along with a review of Harris Environmental Group's findings and recommendations was requested by LHA La Reserve L.L.C.. The results of this preliminary investigation were four main conclusions. One,xeroriparian habitat was present in the parcel. Two,the recommendation of inclusion of an area had merit. Three, further investigation would be necessary to identify the xeroriparian limit. The xeroriparian limit would be used to determine the delineation of the xeroriparian habitat present. Four,the possibility inclusion into the Town of Oro Valley's Riparian Habitat Protection Overlay District existed. Due to the potential impact of such action, a second thorough investigation of the parcel was requested of J.K.E. Bio-Consulting. Before an area can be added to the Protection Overlay District, delineation of the xeroriparian habitat would be necessary. Then the delineation then could be overlaid into the Protection District. The second thorough investigation would provide the needed familiarity and data to accomplish this goal. This thorough investigation would specifically address the parameters to be investigated set forth by the town and used to define xeroriparian habitats as mandated by the Town of Oro Valley. In addition,values would be quantified and a determining method of delineation would be identified and tested. This would result in delineation supported by specific values and parameters that are evident in the parcel. Also this method must address the parameters set by the Town of Oro Valley and concur with excepted models of xeroriparian habitat. 1 A request was made by Bryant Nodine, AICP, Oro Valley Planning &Zoning Administrator of the involved biologists at a site meeting on September 07, 2004. The request specifically was that the J.K.E. Bio-Consulting biologist, share and discuss the findings of the second through investigation with Harris Environmental Group,Inc. biologist. The goal was to see if a concurrence could be reached. This meeting and discussion was requested to take place prior to submittal of their conclusions to the town. The request was agreeable to both biologists and a site meeting was scheduled for September 22, 2004. A second joint visit to the site occurred on October 04, 2004 to review three transects previously performed by J.K.E. Bio-Consulting by the Harris Environmental Group, Inc. biologists. On the second joint visit it was determined that the Harris Environmental Group, Inc. biologist would determined the data(value numbers)with the J.K.E. Bio-Consulting biologist observing and recording the data on the required data sheet. This was done to allow better comparison and review. A discrepancy was observed on the first transect by the biologist from J.K.E. Bio-Consulting. He observed the Harris biologist counting small dead shrubs as "hits" in the 25-meter transect. A discussion then occurred concerning, why count dead plant material and what dead plant material would be counted. Both biologists agreed that dead annuals should be counted since seasonally would account for a variance if they were not counted. The absence of dead trees in any of the transects resulted in dead trees not being a factor or a concern of discussion. When other dead perennials were discussed, a difference of opinion became apparent. It was agreed that the Harris biologist would determine what was dead and would be included in the data with the number of dead shrub"hits" also recorded. The separate recording of the dead shrub"hits"then could be mathematically analyzed later as to the effect of inclusion in the data. It was the hope at the time that the difference in opinion would be resolved by the dead shrub"hits"not representing a significant percentage of the data. In other words,did the dead shrub"hits" inclusions alone push the resulting value above the minimum threshold used in determining xeroriparian habitats. The results of the mathematical analysis were,the dead shrub"hits" inclusions, were significant. In two transects, including the dead shrub"hits"resulted in a value that exceeded the minimum threshold used to determine the presence of xeroriparian habitats. Without inclusions of the dead shrub"hits" none of these transects exceeded the minimum threshold used to determine the presence of xeroriparian habitats. 2 Second opinions were obtained by Jay Esler from two local noted experts, affiliated with the creation of the Sonoran Desert Conservation Plan, as to the validity of including dead "hits" from small perennials(shrubs) in this application. The opinion from both experts was that they should not be included in this application and expressed strong reservations in a delineation based on dead shrubs. These opinions concurred with the opinions of Jay Esler, biologist, J.K.E. Bio-Consulting. Agreement was reach by concurring opinions that the main drainage delineated by J.K.E. Bio- Consulting was xeroriparian habitat and would be included in both of the consultants' delineation. The difference in opinion over the validity of counting dead shrub"hits" in this application was not resolved and no concurrence was reached. Consequently, no agreement was reached on the presence of a second xeroriparian corridor,west of the main drainage, running north/south along the lower edge of the large step, in the middle of the parcel. 3 STUDY AREA The study area is described as an approximately 12 acre irregular parcel located in the lowest canyon area of the northwest-facing slope of the Santa Catalina Mountains in the Pusch Ridge Area. The parcel is located adjacent to the Boulder Canyon area of the existing La Reserve Development area,Town of Oro Valley, Pima County, and Arizona. The majority of the parcel is contained in the NE 1A of the SE 1/4 of section 7, Township 12 S, Range 14 E, on the U.S.G.S. 7.5-minute Oro Valley, Arizona,topographical map. The parcel eastern boundary is at the section line between sections 7 and 8 with a small portion extending eastward into the NW 1A of the SW 1A of section 8. The area supports two biotic communities as it transitions from Arizona Upland in southern most portions close to the bridge to Semidesert Grassland at the north end close to the public drainage way. The biotic community present in the southern portion is classified as the Arizona Upland Subdivision of Sonoran Desertscrub supporting a Jojoba-Mixed Scrub Series. The biotic community present in the northern most portions are classified as Semidesert Grassland with a Velvet Mesquite-Scrub Series. The vegetation varies in association with different elevations, slopes, and aspect. These differences cause the plant community to transition and effect the available moisture. The immediate plant community supported reflects these differences. Over all the vegetation is described as patchy. Elevations range from 2710 ft. along the eastern slopes to 2595 ft. at the narrow western end. Topography is varied with canyon slopes at the southern portion close to the bridge. Farther north opposing slopes drain into a widening valley. Most of the northern edge is flat with a gentle slope,west, and north towards the public drainage way. Present is a historical main drainage along the eastern slope flowing out of the canyon. This drainage is delineated on the U.S.G.S. 7.5-minute topographical map. (See Map# 1) Substrate is described as rocky with large boulder covered by sandy loam. Commonly found throughout the parcel are areas of exposed boulders. Two hydrological forces are present in the study area. One is accumulated runoff flowing basically north through the study area from the upper canyon. The other is sheet flooding from the slopes on the west and east sides of the parcel. Unlike what is usually found in narrow canyons, the two sources of runoff do not fully combine into a single main drainage. This confluence would probably occur somewhere father down-flow out of the parcel. Any runoff exiting the parcel eventually flows into the public drainage way. The public drainage way directs flow west and then southwest. The highest vegetation volume, density and plant diversity is found in the southern most portion of the parcel. Vegetation volume, density, and plant diversity decrease as you move north. This is most likely because the xeroriparian influence weakens as you move north. The weakening xeroriparian influence is a result of the runoff(sheet flooding) from the slopes west of the parcel not combining with the flow coming out of the canyon. Runoff from the western slopes only intermittently combines and does not flow into the main drainage. This is what is described as sheet flooding. In addition,the northern portion of the parcel is where the transition zone is found. 4 XORERIPARIAN DELINEATION The goal in xeroriparian(Riparian) delineation is to separate the watercourse from the watershed. Since xeroriparian habitats are a result of an increased mesic (water) influence,the plant community present should reflect this and contain evidence of this effect. A limit (point)where the influence on the plant community is no longer evident (effects) should also be identifiable. Simply defined,xeroriparian habitats experience an increase in available moisture verses the surrounding areas. In addition, they also experience a higher frequency of moisture present. In other words,they receive more water more often. This has the effect of supporting higher levels of growth and greater plant diversity. These basic principals combined with expertise allow the biologist to delineate the xeroriparian area. The combination prevents the erroneous designation of areas such as roadsides and cattle tanks as xeroriparian rather than their correct description as moisture retention areas. Transient areas that experience temporary and infrequent periods of the characteristics of xeroriparian habitats should also be excluded from any delineation. To enact the town's protection philosophy a requirement that any biologist evaluating possible sensitive areas must obtain "Town-qualified" status prior to beginning any investigation. In addition, a specific protocol was adopted and its use was mandated. The protocol included parameters and a method to be used by professional biologists (Town-qualified) with xeroriparian expertise. Using consistent methods would allow comparison and create consistency. The same methods used to identify xeroriparian habitats could also be used to delineate the identified xeroriparian areas. When moving away and basically perpendicular to the identified xeroriparian corridor eventually you find a point where the parameters are no longer met. This results in a limit (delineation) that is defined by the parameters chosen by the Town of Oro Valley to be used in their jurisdictional areas. 5 PARAMETERS On page one&two of the protocol after the description of"XEROIPARIAN HABITATS"the various parameters that should be considered when determining xeroriparian habitats are listed. A list of these parameters follows, taken from the protocol. 1 The area in question must occur along or adjacent to a watercourse. This should be discernable both from an aerial photograph and on the ground. 2 Have drainage patterns changed since designation? For example, have there been changes in hydrology because of development, or installation of flood control devices? 3 Species composition should be similar to that listed in the Xeroriparian A, B, or C descriptions. Xeroriparian plant species composition may be distinct from the species composition that occurs on the surrounding uplands, or it may be similar, but exhibit more vigorous and robust growth forms and/or increased plant density. 4 Vegetation along xeroriparian washes is generally more densely spaced than vegetation in the surrounding upland. 5 Vegetation volume should fall within the ranges presented in the Xeroriparian A, B,or descriptions(Table 1). The premise that these parameters must be considered when determining the validity of classifying areas as one of the three Xeroriparian subcategories is also restated in the last paragraph on page three and the top of page four. A copy of the protocol is included with this report. 6 METHOD FOR EVALUATING PARAMETERS (1-4) Numerous field visits and investigations of the study area and representative areas were performed on different days. Unaltered representative areas were compared to the study area to determine how much of what is present in the study area is due to the alterations done approximately in the early 1980s. Each of the parameters was addressed by investigating the parcel along with the pertinent surrounding areas. All the pertinent areas were investigated, analyzed, and recorded in field notes. A hydrology report from Clint Glass, CMG Drainage Engineering, Inc. was reviewed. Photographic evidence was also obtained to be analyzed and included with this report. Aerial photographs were also reviewed for possible evidence supporting a conclusion. A U.S.G.S. 7.5-minute topographical map was reviewed for any evidence related to the parameters. METHOD FOR DETERMINING VEGETATION VOLUME(Parameter 5) To determine vegetation volume in the field a string line was measured and marked from 0 to 25 meters using a 30-meter tape measure. The zero point was marked several meters in from the end of the sting so that the line could be staked or tied to the vegetation present. After the 25-meter mark the string continued for several meters also. The string then could be pulled tight horizontally through a typical and representative section of designated xeroriparian habitat,keeping the string as straight as possible. Each meter mark on the orange string line was marked in black and approximately equal to the diameter on the 7.5-meter forestry pole used. When making each vertical investigation the pole was leveled in all directions with the base on the ground and the pole covering the string line mark. A small plastic ruler was held or attached perpendicular to the pole. The ruler was adjusted to set at a one-decimeter radius perpendicular to the pole. This radius could now be rotated 360°and up and down. Each"hit"was recorded on the provided sample data sheet. Thirteen transects were performed in various areas of the parcel to determine if the volume present fell within the ranges for any of the three xeroriparian types recognized by the Town of Oro Valley. Each transect was photographed and delineated on a 1"= 50' aerial photograph reproduction of the study area. By selecting locations representing all the variable communities,volume model sampling was performed on all the variations present. Different elevations, slopes, and aspects were sampled providing the most representative data from the various microhabitats present. No mathematical analysis was done while performing the transects and recording the data. The data from each transect was analyzed. In addition, data was combined to get an overall result. Data sheets,transect photographs, and a map are included with this report(Copy One). 7 RESULTS Xeroriparian habitat was found in the parcel, associated with the main drainage. This area was identified and delineated using the parameters mandated by the Town of Oro Valley. This area was delineated on a large-scale map and included with this report. The following section contains the results from investigating each of the five parameters listed in the approved and provided protocol. Number one,the Relationship to a Watercourse: The area delineated, includes the main drainage (watercourse) and any areas that are a result of or contributive to this main drainage. Most of the western portion of the parcel is not associated or combines with the main drainage along the eastern edge. No links to the main drainage were found with the western sheet flooding or the small intermittent minor drainages found in the western portion. In the western portion, the flow moving east down the slopes eventually runs north without connecting with the main drainage. The flow then enters the public drainage way at numerous locations. Topography supports this since the slope in this portion of the parcel is generally to the north and west. Even at the northern portion of the parcel, which is mainly flat,there is a gentile slope away from the main drainage. The result of investigating this parameter is only the eastern main drainage and associated areas meet this criterion. Number two,Drainage Pattern Changes: No improvements have effected drainage patterns since the designation was made. There are the two improvements causing major changes to normal runoff and drainage patterns in the study area. These are the construction of a berm under the bridge and the leveling of the western portions into a step like topography. The extent of these alterations have had on drainage patterns is not certain. When you investigate the area up flow near the bridge, you find an area without the same alterations. Flow patterns in this area are described as one main drainage channel along the eastside of the canyon. Runoff from the westside of the canyon flows down slope and then flows north without combining with the main channel. This westside northerly flow is scattered in numerous flows does not fully combine until it reaches the berm under the bridge. This is basically the same as what happens in the study area except the western scattered flow never combines in any significant way, only in the public drainage way. Future proposed improvements could strengthen the xeroriparian corridor by directing some or all of the western flow into the main channel. 8 Number three, Plant Species Composition. The plant species composition found in the study area is varied due to the transition zone present. Indicator plant species such as Cat-claw Acacia(Acacia greggii) and Hackberry (Celtis spp.) are not useful since they occur in many areas not considered xeroriparian such as the surrounding slopes. In addition, Cat-claw Acacia begins to transition out at north end,therefore not a good indicator. The general presence of Desert Lavender (Hyptis Emoryi), Seep Willow(Baccharis glutinosa), and Canyon Ragweed(Ambrosia ambroiodes)was determined to be the species composition used to identify and delineate the xeroriparian habitat. All of these plant species are strongly xeroriparian, fit current xeroriparian models, and are appropriate for the study area. In the corridor, delineated coexistence was found throughout. In the disputed, second, western, xeroriparian corridor, coexistence is not found throughout its length, and Seep Willow is only present in the upper(Southern)portion. Number four, Vegetation Density. The vegetation density in the study area varies and generally decreases as you move north. The possible exception to this is the small groupings of Velvet Mesquite (Prosopis velutina)found near the public drainage way. In these patchy areas, runoff seems to collect causing a retention effect. These mesquite areas are much less dense than the delineated xeroriparian corridor. In addition,they are much less dense than the surrounding upland and the comparative areas north and west. The overall density was investigated taking account of the patchy nature of the vegetation present. Small isolated patches of increased density were not included in the delineation since they do not meet the overall criteria for defining xeroriparian habitats. Areas included in the delineation show some degree of density increase. Number five,Vegetation Volume. Initially eight vegetation volume transects were performed in the study area. After discussions with the Town of Oro Valley Planning and Zoning Department and a divergence between the two consulting biologists an additional five vegetation volume transects were performed. These additional transects were performed to further refine the xeroriparian limit and test the divergent opinion of a second, western, xeroriparian corridor. Vegetation volume was determined by the Town of Oro Valley Planning and Zoning Department's Bryant Nodine, AICP ("If the volume is not there then it is not to be considered xeroriparian")to be the primary factor on which to include or exclude areas in the delineation. As defined by the Town of Oro Valley areas with vegetation volume below .500 m3/m2 are not to be considered xeroriparian habitats. In this delineation, areas with vegetation volumes less than.500 m3/m2 were not included. The location of each transect was photographed and mapped(See Map# 2 &Photographs, Copy One). 9 The results are as follows. Vegetation volume transect number one .420 m3/m2, number two .390 m3/m2, number three .460 m3/m2,number four .690 m3/m2, number five .620 m3/m2,number six .300 m3/m2,number seven.370 m3/m2, and number eight .410 m3/m2, number nine .410 m3/m2, number ten.420 m3/m2,number eleven .430 m3/m2, number twelve .450 m3/m2, and number thirteen.450 m3/m2. J.K.E. Bio-Consulting performed seven vegetation volume transects in the disputed, second, western, xeroriparian corridor. They are numbers, nine .410 m3/m2, twelve .450 m3/m2, one .420 m3/m2, eleven.430 m3/m2,thirteen.450 m3/m2,eight .410 m3/m2, and six .300 m3/m2 (See Map#2). It is important to note that none of the seven vegetation volume transects performed in this area resulted in values above the minimum threshold used by the Town of Oro Valley to identify xeroriparian habitats. In addition,the average value for these vegetation volumes is .410 m3/m2,well below the minimum threshold. The Town of Oro valley set a minimum value of.500 m3/m2 or higher to identify xeroriparian habitats. Values below this threshold represent areas not to be considered xeroriparian by their definition. The low volumes found in the disputed, second,western, xeroriparian corridor further supports the conclusion of not considering this area xeroriparian and not including it in the delineation. The areas included in the xeroriparian corridor have average volume values of.500 m3/m2 or higher. It is important to note,areas not included, when sampled, all had volume values of.460 m3/m2 or lower. When averaged, the vegetation volume value for the areas outside of the delineation is .410 m3/m2. This value is well below the lowest vegetation volume the Town of Oro Valley associates with xeroriparian habitats. When averaged,the vegetation volume value inside the delineation is .580 m3/m2. 10 CONCLUSIONS Prior to formulating a final conclusion a review of the hydrology conclusions and report, prepared by Clint Glass, CMG Drainage Engineering, Inc. was considered. It was determined prudent to defer to the expert in matters concerning hydrology. In addition, a second opinion as to the validity of including small(< 1.5 meter) dead shrubs in this application was obtained from two local noted experts. The second opinions were obtained from Linwood Smith, Ph.D., Coordinating and Lead Expert, and Phil Jenkins, Plant Expert, for the Sonoran Desert Conservation Plan's Priority Conservation Areas. Both agreed that in this application it was not valid to include dead"hits" from small dead shrubs for the purpose of delineating xeroriparian habitats. Combining the results from investigating the five parameters and the opinions of the experts,the following conclusions were made. The eastern main drainage and the associated areas represent the xeroriparian corridor present in the parcel. In addition,the hydrology report from Mr. Clint Glass, CMG Drainage Engineering, Inc., delineating the various floodplains supports the conclusion of this report. The area delineated meets the criteria set by the Town of Oro Valley and current xeroriparian models. The areas outside the delineation do not. Some areas outside the delineation may contain one or two of the parameters weakly exhibited. This is not enough to warrant inclusion. The purpose of the five parameters is a combination of these factors define xeroriparian habitats, with the Town of Oro Valley giving vegetation volume the most significance. A large-scale map is included with the report which shows the conclusions(delineation) stated in this report(See Map#3). 11 MAP # 1 j, . /,�•\ .\ -7 ' ( „ •• i' • Steam Pump■ ■ .� q/01 sit •���` -� i Ranch ' ■ / '' �� • ■ ■ AA '> BM 2 585 /i l �\ I �,,• r,- - �\ • • ! 0 • .- ' 7.../ a 7 .\ ••,;.s BM \ * . .-. lI'l' �2 57 5 i_llk �/ z ; % . 1\. ' -ems ^ : :\\„:OY\ l s .,„ 4 - )cam ; (7') -. i \\-----/- ,---'' ---'",,',„.c. . _ \\ 1 .c...,.'it .-,-'.1.0''', \.•‘',.. , -. "-17---•;----:,-....--- I /ij .. - /117,7-, ),, ,,_: \ .„ c4a\i',..‘.:..,,,,..\.%:\; .a.n. k.,,:,,‘ ,•‘_\_-.--,c çiArci f, * -A, / \ / ' \\.• `,� f j ( ffJ ■ / ` •- .. • \ , i' ---- ---- \1/ ' ., .._.. ... - • • • , •,-- 2543 . . ■ ■ i ■■ i, .. . ‘ k.._ ' • " • • au , .' I.( : *"•' , 1---,.„..‘, '\ ',. ■ w .. iii 1.. i i ;_ �f- • iiiii % II a • ■ . ■ a -.. !,w■ ■ ww■ ,.■ ■. ■ ■ ■ • 5 44I . - amora. • 1 i • in• ' _.. • il i III , \ ,is Ito, .. . : Bia- • ;„\ .r.-,...:-:, -N. . a a u • 8 ' i mi. ' . aa asa%IL .*. C.ourse • mwa , . N . . .i.,„.?1 , .- ,:). \ ._., 1 .z.. ' , : , \ .. . _ ., . . ' w •., ■ a■a ■w d ...I' \ % w , • ,. . ,- „,."6..e . . ' ' I Z ' . . ... , ,- .2',-\\*I ik... . , I 1.1 (I r.m 1'. ' --_,,_.___Th ..... !•• ,, . . ate_.. r +'' ■ ■ 1 e s ■ `I , p f f" e` MAP # 2 J.K.E. Bio-Consulting & Harris Environmental Group, Inc. Combined Delineation Transect Locations MAP # 3 J.K.E. Bio-Consulting Xeroriparian Delineation NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised, NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p. m. on WEDNESDAY, October 20, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11,000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater, please contact David Ronquillo, Planner, at 229-4817 or dronquillo@orovalley.net Bayer Vella,MCP Senior Planner Posted: 9-21-04 Time: 3:00 p.m. `�( tiA Bto- y: sg Y)%6V C.\Documents and Settings\sgay\Local Settings\Temporary Internet Files\OLK6A\TCnotice10-20-04.doc .,_y IF AFFIDAVIT PUBLICATION STATE OF ARIZONA) :ss. COUNTY OF PIMA ) being first duly sworn,depose§'and says that (he) (she) is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tuc- son, County of Pima, State of Arizona and elsewhere, and the hereto attached PUBLIC HEARING ORDINANCE (0) -04, 0V9--04-07 REQUEST TO AMEND THE RIPARIAN MAP was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for issues; that was first made 23rd SEPTEMBER 04 on the day of 20 23rd and the last publication thereof was made on the day of SEPTEMBER 04 20 ; that said publication was made on each of the following dates, to-wit: 09/ 3/04 Request of TOWN OF ORO VALLEY Daily Territorial , By c------_*•--0 y c.,... ' ,.)___..) 1 i ,:-_-.- c3-,----... Subscri and sworii to before me this day of 20 23rd SEPTEMBER • 34 , ry Publicin a d or the County TPim�-State of Arizonaf a »4' My Commission Expires: e E\,1A COUNTY at r'.'ay Cotillm s3 i0i1 xpire { . 'F B UARY 4, 230 lit NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNC In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p.m.on WEDNESDAY,October 20,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , 0V9-04-07, RE- QUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10- 7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Plan- ned Area Development. The area under consideration is in close proximity to the existing"closed"bridge. 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. Should you have any questions regarding this mater,please con- tact David Ronquillo,Planner,at 229-4817 or dronquillo@orovalley.net Pub:The Daily Territorial September 23,2004 Req:Town of Oro Valley hrov9-04-07 jm NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p.m.on WEDNESDAY,October 20,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING, ORDINANCE (0)-04- , OV9-04-07,REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed" bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner,at 229-4817 or dronquillo@a,orovalley.net NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462 of the Oro Valley Zoning Code Revised,NOTICE OF PUBLIC HEARING FOR A ZONING AMENDMENT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: REVIEW TOWN COUNCIL TIME: at or after 7:00 p.m.on WEDNESDAY,October 20,2004 PLACE: Oro Valley Town Hall,Council Chambers 11,000 North La Canada Drive Oro Valley,Arizona SUBJECT: PUBLIC HEARING,ORDINANCE (0)-04- , OV9-04-07,REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE,PARCEL 220-080-08K The subject property consists of 11.73 acres and the zoning is La Reserve Planned Area Development. The area under consideration is in close proximity to the existing"closed" bridge. 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. Should you have any questions regarding this mater,please contact David Ronquillo,Planner,at 229-4817 or dronquillo(aiorovalley.net NOTICE OF PUBLIC HEARING BEFORE THE ORO VALLEY TOWN COUNCIL In accordance with ARS 9-462,Arizona State Statutes, and Section 3-202 of the Oro Valley Zoning Code Revised, (OVZCR), NOTICE OF A PUBLIC HEARING FOR A PROPOSED CONDITIONAL USE PERMIT BEFORE THE ORO VALLEY TOWN COUNCIL IS HEREBY GIVEN: TIME: at or after 7:00 p. m. on WEDNESDAY, October 20, 2004 PLACE: Oro Valley Town Hall, Council Chambers 11000 North La Canada Drive Oro Valley, Arizona SUBJECT: PUBLIC HEARING: ORDINANCE (0)-04- , OV8-04-04, MR. GEORGE VIGNYVICH, REPRESENTING M & I BANK, REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT FOR A BANK, LOCATED IN THE ROONEY RANCH SHOPPING CENTER AT THE SOUTHWEST CORNER OF FIRST AVENUE AND ORACLE ROAD - WITHIN THE ROONEY RANCH PLANNED AREA DEVELOPMENT,PARCEL 220-09-0240. As proposed, the 5,010 square feet bank building would provide traditional banking services, with two drive-through ATM islands located on the south side of the building, and a regional administrative office for the bank. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenda for the meeting will be made available 24 hours prior to meeting time. Should you have any questions regarding this matter, please contact Susana Montana, Planner II at 229- 4814 or smontana@orovalley.net. Bayer Vella,AICP Senior Planner F:\OV\OV8\2004\8-04-04\Notice\TC Notice.doc F:\OV\OV8\2004\8-04-04\Notice\TC Notice.doc MINUTES Page 6 of 24 CIP SUPPORT STAFF Name Role Bob Jacklitch Water Bryant Nodine P&Z Larry Stevens PD Mary Rallis Finance Jose Rodriquez Public Works Terry Vosler Building Safety Mary Hartz-Musgrave Library 4. RESOLUTION NO. (R)04- 108 APPROVING AUTHORIZATION FOR THE MAYOR TO ACCEPT THE BIDS AND CONTRACT WITH THE ASHTON COMPANY, INC. IN THE AMOUNT OF $4,496,014.00 FOR THE ORACLE ROAD IMPROVEMENT DISTRICT ROAD IMPROVEMENT PROJECT Engineering Division Manager Jose Rodriguez reported that bids were opened on September 30, 2004 for the Oracle Road Improvement District Road Improvement Project. Staff is recommending the award of contract to The Ashton Company in the amount of$4,496,014. In response to a comment from Council Member Dankwerth, Mr. Rodriguez confirmed that this project did not in any way include any improvements, changes, or modifications to Calle Concordia. MOTION: Council Member Gillaspie MOVED to APPROVE Resolution (R)04-108. Council Member Culver SECONDED the motion. Motion carried, 6—0. 5. PUBLIC HEARING - ORDINANCE (0)-04-29 OV9-04-07, REQUEST TO AMEND THE RIPARIAN MAP ASSOCIATED WITH CHAPTER 10-7 OF THE ORO VALLEY ZONING CODE REVISED TO EXPAND THE TOWN'S RIPARIAN HABITAT PROTECTION OVERLAY DISTRICT BY INCLUDING A PORTION OF A SITE LOCATED WITHIN THE LA RESERVE PLANNED AREA DEVELOPMENT AT THE NORTHWEST CORNER OF PUSCH WILDERNESS DRIVE AND NORTH BUCK RIDGE DRIVE, PARCEL 220-08-008K Planning and Zoning Administrator Bryant Nodine reviewed an overhead map of the area and explained that the property is zoned in the La Reserve Planned Area Development(PAD). He stated that the site includes areas of 25% slopes, portions of wash, areas of dense vegetation and portions of the site have been previously graded. Mr. Nodine reported that Harris Environmental Group who was hired to study the site for riparian areas has determined that a portion of this parcel meets the characteristics of a xeroriparian habitat. He further reported that the property owner has further consulted with JKE Bio- Consulting to analyze the validity of the proposed riparian area. Mr. Nodine also explained that the property owner has filed a letter of protest against the proposed riparian map amendment. He stated that the Planning and Zoning Commission met on October 5th and recommended denial of the proposed httn://www.townoforova.11ev_com/TnwnHall/Meetinus/Cnnncil/MinnitPc/1 n7004 rnnnri1 17inY/Tnna MINUTES Page 7 of 24 riparian map amendment. Mr. Nodine then reviewed the factors for and against the proposed riparian amendment. FACTORS FOR include: ➢ The property meets the characteristics of xeroriparian habitat according to the Harris Environmental Group findings. ➢ It would expand the Town's Riparian Overlay District and maintain the xeroriparian habitat within this portion of the property. ➢ It meets the applicable General Plan policies. FACTORS AGAINST include: ➢ This portion of the property is not currently protected and may be developed and there is a plat in the process that was submitted prior to the proposed habitat amendment. ➢ There is disagreement on one portion of the area by the consultants whether it is or is not a riparian area. Steve Lenihan, 1810 E. Calle del Vaso, (one of three of the property owners) stated that there were three reasons to deny the amendment to the riparian map: 1)Fairness issues—Property was zoned as part of the La Reserve PAD in 1986 and the developer at that time set aside large amounts of open space. In return for the open space allotment, they were given the right to develop certain areas (zoned for commercial uses, apartments and other residential uses.) In view of this "trade-off', it would be unfair to go back on that agreement. 2)Does not believe the Town has the legal authority to "rezone" this property—Prior to purchase of the property in 2003, they met with Town staff to make sure they could develop the property as planned and that there were no unknown issues. They have also spent approximately $50,000 in planning and engineering fees which would give them vested rights and the PAD provides that the owner initiate "rezonings"; and 3)Does not believe that most of the Harris Environmental Group delineation qualifies as riparian area under the Town's ordinances. Jay Essler, JKE Bio-Consulting, reviewed an aerial photo of the property and explained that the property owners hired him to perform a general overview of the property. He reviewed a riparian delineation of the property and stated that he has performed further surveys of the property in dispute to determine if there was indeed a xeroriparian area on the property. He explained that none of the seven transects he evaluated along the disputed line support xeroriparian values. Mr. Essler also reported that he and two biologists from Harris Environmental Group met on the site and relocated transects, performed surveys, etc. He explained that Harris Environmental Group counts dead shrubs. By counting the dead shrubs, the three transects that they randomly checked exceeded the threshold of the minimum of xerioriparian; however,without counting the dead shrubs, none of the transects meet the xeroriparian requirements. Mr. Essler stated that he has conferred with two other biologist experts and they agreed that using the dead shrub count and that count being the weighing factor, was inappropriate in xeroriparian delineation. He further reviewed a hydrology report, its relationship to the property, and stated that he felt the property owners were already protecting what was in his opinion the xeroriparian corridor on the site. httn://www.townoforovallev_com/TownHall/Meetings/Council/Minutes/102004 council ... 12/03/2004 MINUTES Page 8 of 24 Mr. Lenihan then asked that the Council vote against the expansion of the riparian habitat map. He also stated that they would be willing to put wording on the Final Plat that states that the wash would remain natural and in its present condition. Council Member Culver thanked Mr. Lenihan for providing the information that was previously requested regarding the study by their consultant and how this plat fit into the riparian area. She asked that they work with the Town staff and the community to preserve as much riparian area as possible. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. Council Member Gillaspie stated that this item was not a rezoning as referenced but an amendment to the riparian overlay district. He also commented that there was an existing PAD on the property and he felt the appropriate way to handle this would have been to amend the PAD first and then amend the Riparian Overlay District. He stated that there were plausible disagreements on what the xeroriparian area may be and with the interpretation by Mr. Essler and the vast majority of the lots not in the flood plain area, he felt that the amendment should be denied. MOTION: Council Member Gillaspie MOVED to DENY Ordinance (0)04-29, OV9-04-07, proposed riparian map amendment to expand the Town's Riparian Habitat Protection Overlay District to include a portion of Parcel 220-080-08K because he finds that the amendment to the Riparian Habitat Protection Overlay District is in substantial conflict with the development rights established under the La Reserve PAD. Council Member Dankwerth SECONDED the motion. DISCUSSION: Vice Mayor Abbott stated that while she was concerned about the encroachment into riparian areas, she recognized that the PAD rules the site and that the xeroriparian area was not discovered until after the applicant filed the preliminary plat. However, it was clear to her that the area meets the xeroriparian habitat but to what extent was debatable. She stated that she hoped that the applicant would work to preserve as much of the critical area as possible MOTION CARRIED, 6 - 0. Mayor Loomis recessed the meeting at 8:37 p.m. The meeting resumed at 8:45 p.m. 6. ANNEXATION PUBLIC HEARING REGARDING REQUEST TO ANNEX APPROXIMATELY 3.259 ACRES OF UNINCORPORATED TERRITORY LOCATED EAST OF THE CURRENT TOWN LIMITS INCLUDING A PORTION OF THE SOUTHWEST QUARTER IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 14 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY,ARIZONA (KNOWN AS ANNEXATION AREA I—BIG HORN COMMERCE CENTER) Special Project Coordinator Scott Nelson reviewed the Council Communication and an overhead map depicting the property. He explained that the Council approved an amendment to the 1996 General Plan land use designation from Commerce Park(CP) to Community Commercial (CC) in June 2004 with the condition that the amendment would not take affect until the property was annexed into the Town. He stated that on July 12, 2004 , Mr. Bob Solfisburg (owner of the Big Horn Commerce Center) sent a letter of request to initiate the annexation of his property. On August 18th, the Council voted to initiate the annexation process. He then reviewed the annexation and notification process. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. (No action was required at this time.) http://www.townoforovalley.com/TownHall/Meetines/Council/Minutes/102_004 rniiiwil 1 WnYOnna