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HomeMy WebLinkAboutPackets - Council Packets (1649) AGENDA ORO VALLEY TOWN COUNCIL REGULAR SESSION NOVEMBER 4, 1998 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS — TOWN MANAGER The Mayor and Council may consider and/or take action on the items listed below: ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING CALL TO AUDIENCE — According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience" cannot g be discussed by the Town Council as they have not been placed on the . a endaAnyitems must be addressed to the whole Council, not a specific g member. In order to speak during "Call to Audience", please specify what You wish to discuss when completing the blue speaker card. 1. CONSENT AGENDA (Consideration and/or possible action) A. Minutes — October 21, 1998 B. Finance Report— September 1998 C. OV12-98-04 Vistoso Golf Casitas Landscape Plan D. OV12-98-09 Trendwest Landscape Plan E. OV12-98-03 Bond in lieu of third party trust "The Overlook" D.R. Horton Homes F. Request for waiver for signs in right-of-way for Copper Creek Craft Fair G. Resolution No. (R)98-89 Amendment#1 to Intergovernmental Agreement for Use of Multi-Agency Mutual Aid System 2. PUBLIC HEARING — ORDINANCE NO. (0)98-45 AMENDING THE ORO VALLEY TOWN CODE, SECTION 15, ARTICLE 15-3 TOWN WATER UTILITY DIRECTOR/TOWN ENGINEER 3. PUBLIC HEARING- ORDINANCE NO. (0)98-46 AMENDING THE ORO VALLEY ZONING CODE REVISED, CHAPTER 2, SECTION 2-101, DEFINITIONS, AND CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS 4. PUBLIC HEARING - ORDINANCE NO. (0)98-47 AMENDING THE ROONEY RANCH PLANNED AREA DEVELOPMENT, AREA B, ADDITIONAL GASOLINE STATION CONVENIENCE USE, OUTDOOR SALES, 33' MAXIMUM BUILDING HEIGHT, 30' REAR SETBACK, REDUCED PARKING REQUIREMENTS, INCREASED LANDSCAPING, ADOPTION OF SIGN PACKAGE CONSISTENT WITH THE ORO VALLEY RETAIL CENTER 5. OV12-98-10 RANCHO VISTOSO NEIGHBORHOOD 11, PARCEL AF, LOTS 1-68, COMMON AREAS A & B FINAL PLAT (PROPERTY LOCATED ON THE WEST SIDE OF VISTOSO HIGHLANDS DRIVE AND BORDERED BY THE GOLF CLUB AT VISTOSO, HOLES 1, 2, AND 3 ON THE OTHER THREE SIDES) 6. DIRECTION TO TOWN STAFF REGARDING SELECTION OF PREFERRED OPTION FOR ALTERNATIVE WATER RESOURCES 7. ORO VALLEY PROCLAMATION TO SUPPORT THE AMERICAN CANCER SOCIETY'S GREAT AMERICAN SMOKEOUT TOWN MANAGER'S REPORT ENGINEER'S REPORT FINANCE DIRECTOR'S REPORT COMMUNITY DEVELOPMENT DIRECTOR'S REPORT POLICE CHIEF'S REPORT COUNCIL COMMITTEE REPORTS CALL TO AUDIENCE- According to the Arizona Open Meeting Law, the Town Council may only discuss matters listed on the Town Council Agenda. Matters brought up by the public under "Call to Audience"cannot be discussed by the Town Council, as they have not been placed on the agenda. Any items must be addressed to the whole Council, not a specific member. In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. ADJOURNMENT POSTED: 10/28/98 4:30 P.M. RG A packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:30 a.m. — 5:00p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify Kathryn Cuvelier, Town Clerk, at 297-2591. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 1. Please state your name and address for the record. 2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be allowed to address the Council once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During "Call to Audience" you may address the Council on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. t MINUTES ORO VALLEY TOWN COUNCIL (RESCHEDULED) REGULAR SESSION rY OCTOBER 27, 1998 _J„, ORO VALLEY COUNCIL CHAMBERS 4 11,000 N. LA CANADA DRIVE j% REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:03 p.m. ROLL CALL PRESENT Paul Loomis, Mayor Paul Parisi, Vice Mayor Dick Johnson, Council Member Fran LaSala, Council Member NOT PRESENT: Cheryl Skalsky, Council Member PLEDGE OF ALLEGIANCE Mayor Loomis led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Town Manager Chuck Sweet reviewed the meetings for the upcoming week. CALL TO AUDIENCE No speakers. CONSENT AGENDA MOTION: Council Member Johnson MOVED to approve the Consent Agenda as presented. Council Member LaSala SECONDED the motion. Motion carried, 4 —0. A. Minutes—October 7, 1998 B. Police Report C. Oro Valley Building Safety Department Activity Report — September 1998 D. Reappointment of members to serve on the Municipal Property Corporation effective 12-01-98 E. Resolution No. (R)98-81 Authorizing and Approving a Consent Order for a 12-month Extension to Comply with State Backflow Prevention Regulations • F. Resolution No. (R)98-82 Consideration and Possible Approval of an Amendment to the Town FY 1998-99 Capital Improvement Plan G. OV12-97-19 Resurrection Lutheran Church Revised Landscape Plan for a • Columbarium (Located on North First Avenue, north of Naranj a Drive) 10/27/98 Minutes, Regular Council Session 2 H. OV12-98-14 Rancho Catalina Offices Development Plan (Located on the east side of Oracle Road, north and adjacent to the Dome Building) I. OV12-98-14 Rancho Catalina Offices Landscape Plan (Located on the east side of Oracle Road, north and adjacent to the Dome Building) J. 0V13-98-81 Rancho Vistoso Entry Monuments Revised Landscape Plan 2. PUBLIC HEARING —RESOLUTION NO. (R)98-83 REQUEST TO VACATE A PORTION OF THE ORACLE ROAD RIGHT OF WAY TO WILLIAM E. AND BILLIE J. ANDERSON Frank Cassidy, Outside Legal Counsel, stated that Mr. and Mrs. William Anderson desire to acquire a portion of the Oracle Road right-of-way to provide parking for their proposed office building. Mr. Cassidy reported that the Town Attorney was directed by Council to research whether a lease agreement was a legally feasible option. He explained that leasing was a legal option. Mr. Cassidy explained that in an attempt to obtain the value of the property the Town Attorney spoke with an appraiser. The appraiser stated that it would not be financially prudent for the Town to spend the amount for an appraisal given the probable value of the property. Mr. Cassidy stated that the property, due to its small size and thin shape, is not worth very much except to the storeowner. Mr. Cassidy also explained that Arizona State law requires that upon vacation of right-of-way, you must get value for the property. He stated that the Town can consider the value of the improvements to the building itself and other considerations in determining what the value is. Acting Town Engineer David Hook displayed different views of the property proposed for the vacation. In answer to a question from Mayor Loomis, Mr. Cassidy explained that an appraisal would not be necessary if the Town wanted to lease the property, but the Town would carry liability on the property if it were leased. If the Town gave up title of the property, there would be no such concerns. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to accept Resolution No. (R)98-83 and vacate that portion of the right-of-way to the Anderson's. Council Member LaSala SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that the property is not currently on the tax roles. He stated that by vacating the property, the property's viability would be increased to improve it for business for the Town. Motion carried, 4—0. 10/27/98 Minutes, Regular Council Session 3 3. OV12-93-13 GOLF VILLAS AT ORO VALLEY (FORMERLY CANADA VERDE APARTMENTS) REVISED DEVELOPMENT PLAN (Located east of La Canada Drive, south and adjacent to Oro Valley Town Hall) (Continued from 10-07-98) Community Development Director Don Chatfield reviewed the staff report stating that a development plan was approved by the Town Council in 1994 for the Golf Villas At Oro Valley (formerly Canada Verde Apartments.) The applicants have requested removal of patio screens on the units that face the golf course which were previously approved by Council. Mr. Chatfield explained that the development plan approved in 1994 preceded the Golf Course Overlay Zone. He explained that the current zoning code is relevant to the request. Planning staff has determined that the buildings meet the minimum setbacks that are required by the Golf Course Overlay Zone but there is still a potential for errant golf ball strikes which could potentially place the Town at risk as well as the owner. Mr. Chatfield stated that the Development Review Board recommended approval of the request for removal of thepatio golf ball screens on September 8th. Staff also q recommends Council approval since the apartment buildings are at a distance which complies with the Golf Course Overlay Zone setbacks of the Zoning Code Revised. In answer to questions from Council Member LaSala, Frank Cassidy, Outside Legal Counsel, explained that the setbacks are determined by prior Town action. If golf balls gy o beyond that, there could be potential liability for the Town. Mr. Chatfield also explained that when the Golf Course Overlay Zone was created, several golf course architects were consulted along with the Appraisal Institute. He stated the setbacks fall within the range of setbacks that were recommended by the professionals. Mr. Cassidy explained that the property owner would be primarily liable but the Town could be also be named. MOTION: Council Member Johnson MOVED to approve OV 12-93-13, The Golf Villas at Oro Valley (formerly Canada Verde Apartments) Revised Development Plan, with those conditions listed in Exhibit"A". A) 1. Another Golf Course Overlay Zone analysis shall occur upon completion of buildings 7, 11, and 12. If these buildings meet the setback requirements, it will be approved administratively by the Planning and Zoning Administrator. 2. If there are further modifications to this project after construction, the plans must come before the Development Review Board and the Town Council. Vice Mayor Parisi SECONDED the motion. DISCUSSION: Vice Mayor Parisi stated that if the people wanted to put up a protective screen they would be able to do so. He said we should be logical and use common sense. Motion carried, 4—0. ',0/27/98 Minutes, Regular Council Session 4 4. RESOLUTION NO. (R)98-84 SUPPORT OF LANGUAGE IN SENATE BILL 1127 RELATING TO THE ABILITY TO ADOPT LOCAL AMENDMENTS TO THE STATE PLUMBING CODE Community Development Director Don Chatfield stated that efforts have been underway to establish an Arizona State Plumbing Code and to enact legislation pertaining to its administration. He stated that among concerns of the Pima County interests is the ability to make local amendments that are appropriate to our region. He explained that representatives of Pima County have been instrumental in supporting language in Senate Bill 1127 that allows the commission to adopt amendments to the State Plumbing Code, including amendments previously adopted in geographical regions. Mr. Chatfield stated that he felt it was important to support the efforts of Pima County to protect the ability of our region to establish plumbing codes that apply to our area. He further explained that representatives from the area would be attending the Governor's Regulatory Relief Committee in December (original meeting was set for November 3rd) ry and staff would like to present Resolution (R)98-84 as evidence that Oro Valley finds the provision to be important. In answer to a question from Mayor Loomis, Mr. Frank Cassidy, Outside Legal Counsel, explained that the resolution did not need to be adopted with an emergency clause, as it was not going to be a referable act. Mr. Chatfield explained that the resolution was originally written to include the emergency clause because the meeting was set for y November 3rd. Now that the meeting is delayed to December, the emergency clause is not necessary. Vice Mayor Parisi thanked Mr. Chatfield on taking a proactive approach on enhancing the standards in Oro Valley. MOTION: Council Member LaSala MOVED to approve Resolution (R)98-84 endorsing the attached language in proposed Senate Bill 1127, which establishes the ability to adopt regional amendments to the State Uniform Plumbing Code. Council Member Johnson SECONDED the motion. AMENDMENT TO THE MOTION: At the request of Mayor Loomis, Council Member LaSala and Council Member Johnson agreed to remove the emergency clause from the resolution. Motion carried, 4—0. 5. RESOLUTION NO. (R)98-85_ APPROVING THE SALE OF JONES COMMUNICATIONS OF ARIZONA FRANCHISE AGREEMENT APPROVAL TO THE COMCAST CORPORATION Frank Cassidy, Outside Legal Counsel, stated that the franchise agreement with Jones Communications of Arizona, requires that they obtain town approval of any changes such as sale of the company or assets that would involve the Town's citizens. He stated that The Comcast Corporation has agreed to obtain controlling interest of Jones Intercable, Inc. Jones Communications of Arizona holds the Oro Valley cable franchise and is a 10/27/98 Minutes, Regular Council Session 5 subsidiary of Jones Intercable Inc.; therefore, the Town's permission is necessary to move forward with the sale. In answer to a question from Council Member Johnson, Kenna Smith, General Manager of Jones Intercable, explained that Comcast intends to operate Jones Cable as a separate entity. She stated that Comcast has 4.3 million customers in 21 states. She stated that they are working with digital and interne capabilities and are looking into a fiber based system. In answer to a question from Council Member LaSala, Ms. Smith stated that Comcast is a "hands off' company and they are not doing due diligence at the local cable systems. She stated that Comcast is very well run and has a lot of assets and capital to work with. MOTION: Council Member LaSala MOVED to accept Resolution (R)98-85. Vice Mayor Parisi SECONDED the motion. Motion carried, 4 —0. 6. RESOLUTION NO. (R)98-86 ADDITIONAL FUNDING FOR TRANSIT/ TRANSPORTATION VIA HOUSE BILL 2565 Community Development Director Don Chatfield stated that the Local Transportation Assistance Funds (LTAF) help provide transit services to the residents. He explained that through House Bill 2565 additional funding for transit has been approved through the Arizona Department of Transportation (ADOT.) Mr. Chatfield explained that through this grant, the Town of Oro Valley is expected to receive $33,680 in additional funding for fiscal year 1998/99, but due to a delay, appropriations will not start until early January, 1999. Mr. Chatfield stated that the grant is a matching grant and the Town will be responsible for certifying annually that the match has been or is being expended on the proposed projects. He stated that the matching ratio for the Town is at 20% and ADOT matches it with 80%. Mr. Chatfield stated that the Town's portion would be $8,420 which is currently in the Town's budget. Mr. Chatfield reported that proposed projects are: 1) Transit Plan, 2) Funding for 1998 Capital Grant-Section 5310, 3) A Contingency Plan-ADA Improvements to Bus/Bike Shelter, and 4) Upgrade existing signage to existing express route along Oracle Road. He also stated that the grant applications are due to Pima Association of Governments by November 13, 1998. Vice Mayor Parisi congratulated John Zukas, Transit Services Administrator, for all his work on the transportation program for the Town. In answer to a question from Council Member Johnson, Mr. Chatfield explained that it is a one year trial program and will be reviewed for allocations for the following year. MOTION: Council Member Johnson MOVED to approve Resolution (R)98-86, approving the submittal of the application of the House Bill 2565 grant, with the understanding that the Town will be responsible for certifying annually that the match has been or is being expended on the proposed project(s). Council Member LaSala SECONDED the motion. Motion carried, 4—0. 10/27/98 Minutes, Regular Council Session 6 7. RESOLUTION NO. (R)98-87 APPROVAL OF PARSONS-BRINKERHOFF AS CONSULTANT FOR THE TOWN'S "TRANSIT SERVICES — ELEMENT OF THE GENERAL PLAN" Community Development Director Don Chatfield stated that on June 3, 1998 the Council directed staff to research options of transit services, specifically mass transit and paratransit services. He stated that staff budgeted $25,000 in 1998/99 fiscal year for a transit plan. Mr. Chatfield explained that Requests for Proposals were sent out, two consultants were interviewed, and staff has recommended that Parsons-Brinkerhoff be retained as the consultant for the "Transit Services-Element of the General Plan." He also stated that staff has recommended that part of the funding from House Bill 2565 be used toward the funding for the consultant. Council Member Johnson encouraged staff and the consultant to meet with Marana and SunTran personnel to study the entire northwest area transit plan. Mayor Loomis recommended that current development plans and schedules of the Town be included in the scope of the transit plan. He also stated that the Town should get a deliverable data base and asked that all products such as reports and maps be delivered ready to load onto the Town's website. MOTION: Vice Mayor Parisi MOVED to approve Resolution (R)98-87 approving Parsons-Brinkerhoff as consultant for the Town's "Transit Services — Element of the General Plan" using the budget allocation of$25,000 and $22,700 contingent upon receipt of funding from House Bill 2565. Council Member LaSala SECONDED the motion. Motion carried, 4—0. 8. RESOLUTION NO. (R)98-88 APPROVAL OF THE TRANSPORTATION COMMITTEE FOR THE FACILITATION AND IMPLEMENTATION OF THE TOWN'S TRANSIT SERVICES—ELEMENT OF THE GENERAL PLAN" Community Development Director Don Chatfield stated that on June 3, 1998, Council directed staff to look into various options of transit services and also directed staff to form a Transportation Committee to help with the implementation of the plan. Mr. Chatfield reviewed the recommended list for the Transportation Committee. Those citizens recommended were: Tom Bozich, Carl Stoltenberg, Bob Magee, Ben Goff, Nate Peterson, Dr. Irwin Flink, a representative from AlliedSignal, Kim Brandom or Sally Gal for the Catalina Village Council, Tom Bush, Fred McCulloch, Bill Partridge, and a member of the Town Council. Council Member LaSala volunteered to represent the Town Council on the Transportation Committee. Council Member Johnson recommended that the committee be dissolved upon the successful completion of the Transit Plan. MOTION: Council Member Johnson MOVED to approve Resolution (R)98-88, approving the Transportation Committee for the implementation of the Town's 10/27/98 Minutes, Regular Council Session 7 "Transit Services-Element of the General Plan" and Council Member LaSala would represent the Council on the committee. The committee will be dissolved upon the successful approval of the plan. Council Member LaSala SECONDED the motion. Motion carried, 4—0. TOWN MANAGER'S REPORT Town Manager Chuck Sweet introduced Dave Warner, the Town's new Public Relations Specialist. ENGINEER'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Don Chatfield reported that the Building Official's position still remains vacant and they are continuing aggressive recruiting. He also stated that they will be utilizing an interim Building Official and are currently working on easing the department's Plan Review load. POLICE CHIEF'S REPORT Police Chief Wolff thanked everyone for their participation in the G.A.I.N. (Getting Arizona Involved in Neighborhoods) event on Saturday, October 24th. He also reported that the Police Department has received a grant from the Arizona Department of Public Safety for two additional motorcycles. COUNCIL COMMITTEE REPORTS Council Member Johnson reported that a meeting was held on the proposed Town library. He stated they are looking at costs for a 25,000 square foot facility. He stated that they will have more definitive numbers as the Task Force studies the options further, but $5 million is the initial figure for the facility. He explained that $2 million will be available from the County in 1999/2000 for the library facility. Council Member LaSala complimented the members of the Water Utility Commission and Town staff for their work on alternate water resources and working towards getting all golf courses off ground water within 3 — 5 years. He stated that they are looking at all water issues within the Town and regionally. • Vice Mayor Parisi reported that on November 7th, the Council will having a Study Session with the Chamber of Commerce. He also stated that he was proud that Town Council Members and staff could attend the League of Cities and Towns in Lake Havasu. 10/27/98 Minutes, Regular Council Session 8 Council Member Johnson reported that Oro Valley will be hosting the 1999 League of Cities and Towns Annual Conference and he felt it was a good opportunity for the Town. CALL TO AUDIENCE No speakers. ADJOURNMENT MOTION: Council Member Johnson MOVED and Council Member LaSala SECONDED the motion for adjournment at 7:55 p.m. Respectfully submitted, Roxana Garrity, Deputy Town Cler I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 27th day of October, 1998. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 1998. Kathryn E. Cuvelier, CMC Town Clerk T.......: B TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David L. Andrews, Finance Director SUBJECT: Finance Report For Quarter Ended September 1998 SUMMARY: Attached to this communication is the Finance Report for the Quarter Ended September 30, 1998. Financial statements were prepared using pre-audit figures. GENERAL FUND: Selected points for the first quarter of Fiscal Year 1998/99 are as follows: ➢ Sales tax collections from construction are up 63% over the same quarter last year and will meet or exceed budget based on this trend. ➢ Residential buildingpermit fees are up 26% over the same quarter last year and will meet or exceed the budget based on this trend. > Hotel/motel sales tax including bed taxes are down by about 15% compared to the same time last year. pp It appears that these revenues may come in at about $150,000 below budget for the year based on the firstq uarter. However, this potential impact may be offset by construction related revenues. ➢ Federalg rants are below budget due to timing differences related to the billing of outside agencies. $67,000 was received in October on the COPS Universal grant. > State/county shared revenues collected are tracking to budget. ➢ Departmental expenditures are within budget. Other Funds > $1,296,000 is the year-end estimated amount for state shared fuels taxes. This is $281,000 below budget however collections should increase throughout the year based on last years monthly collection history. > Townwide roadway impact fees, alternative water impact fees and water connection fees revenues will meet or exceed budget based on first quarter collections. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 Oro Valley Water Utility ➢ Current retained earnings are at $771,010. ➢ Water revenues will meet or exceed budget based on first quarter estimates. ➢ Capital expenses are below budget. ➢ Current cash balances are exceeding budget by $1,718,187. 6-7P4G-cill--b David L. Andrews Finance Director Chuck Sw-et Town Manager CC: Chuck Sweet, Town Manager All Department Heads Town of Oro Valley ORO VALLEY WATER UTILITY Statement of Cash Flows Through September 30, 1998 Total Actual Budget Cash at July 1, 1998 $ 4,094,333 $ 3,435,714 Total Cash Collections 1,619,750 4,848,113 Total Cash Payments 1,843,930 6,131,861 Net Change in Cash (224,180) (1,283,748) Current Cash Balance $ 3,870,153 * $ 2,151,966 * Pre-audit figure. Town of Oro Valley ORO VALLEY WATER UTILITY Budgeted Income Statement Through September 30,1998 Percentage of Year Completed 3/12=25.0% 1998/99 Percentage September Y-T-D Total of Budget Actuals Actuals Budget Completed OPERATING REVENUES: ._.. Water Revenues $ 368,272 $ 1,007,286 $ 4,432,113 22.7% Other 8,375 44,375 171,000 26.0% TOTAL REVENUES 376,647 1,051,661 4,603,113 22.8% OPERATING EXPENSES: Cost of sales&services 121,048 372,787 2,118,974 17.6% Depreciation&Amortization 106,109 301,363 1,204,224 25.0% TOTAL OPERATING EXPENSES 227,157 674,150 3,323,198 20.3% OPERATING INCOME 149,490 377,511 1,279,915 29.5% NONOPERATING REVENUES(EXPENSES) Interest Income 27,599 53,629 200,000 26.8% Financing from Leases - - 45,000 0.0% 123,425 370,275 1,487,400 24.9% Interest Expense TOTAL NONOPERATING REVENUES 7 ( :PENSES) (95,826) (316,646) (1,242,400) NET INCOME $ 53,664 $ 60,865 $ 37,515 RETAINED EARNINGS AT July 1,1998 * $ 710,145 $ 467,271 CURRENT RETAINED EARNINGS _ $ 771,010 _ $ 504,786 CAPITAL BUDGET Machinery&Equipment $ 5,982 $ 5,982 $ 44,500 13.4% Vehicles - - 133,500 0.0% Meters 11,389 23,738 56,300 42.2% Wells - 3,944 320,000 1.2% Booster Stations - 800 468,000 0.2% ' Transmission/Distribution Main - 440 302,188 0.1% r Reservoirs 7,300 7,300 721,000 1.0% ' , 40,000 0.0% Hydrants - - Telemetry 37,170 60,401 15,000 402.7% ` Structures - - 85,000 0.0% TOTAL CAPITAL BUDGET $ 61,841 $ 102,605 $ 2,185,488 4.7% *Pre-audit figure. Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through September 30,1998 Percentage of Year Completed 3/12=25.0% 1998/99 Percentage ALTERNATIVE WATER RESOURCES September Y-T-D Total of Budget DEVELOPMENT IMPACT FEES Actuals Actuals Budget Completed REVENUES: Development Impact Fees $ 28,020 $ 69,870 $ 234,000 29.9% Interest-Investments 2,960 5,816 10,000 58.2% Carryforward of Fund Balance 411,377 TOTAL REVENUES 30,980 75,686 655,377 11.5% EXPENDITURES: Outside Professional Services - 1,896 120,000 1.6% Improvements - - 535,377 0.0% TOTAL EXPENDITURES $ - $ 1,896 $ 655,377 0.3% REVENUES LESS EXPENDITURES $ 30,980 $ 73,790 FUND BALANCE AT JULY 1,1998 $ 480,680 * CURRENT FUND BALANCE $ 554,470 1998/99 Percentage ORO VALLEY WATER September Y-T-D Total of Budget CONNECTION FEES Actuals Actuals Budget Completed REVENUES: Connection Fees $ 37,853 $ 84,646 $ 349,000 24.3% Other 4,075 8,026 - 100.0% Carryforward of Fund Balance 232,223 TOTAL REVENUES 41,928 92,672 581,223 15.9% EXPENDITURES: Improvements 15,971 15,971 20,000 79.9% pebt Service Payments 73,290 0.0% Contingency 487,943 TOTAL EXPENDITURES $ 15,971 $ 15,971 $ 581,233 2.7% REVENUES LESS EXPENDITURES $ 25,957 $ 76,701 FUND BALANCE AT JULY 1,1998 $ 111,938 * CURRENT FUND BALANCE $ 188,639 * Pre-audit figure. Town of Oro Valley OTHER FUNDS Budget Compared to Actuals Report Through September 30,1998 Percentage of Year Completed 3/12=25.0% 1998/99 Percentage PUBLIC TRANSPORTATION FUND September Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: Local Transportation Assistance Funds $ - $ 21,260 $ 145,000 14.7% Other 1,811 4,685 30,320 15.5% Carryforward of Fund Balance 72,632 TOTAL REVENUES 1,811 25,945 247,952 14.8% EXPENDITURES: Personnel 7,525 19,202 145,982 13.2% Operations&Maintenance 2,252 5,483 58,430 9.4% Equipment - - 7,500 0.0% Contingency 36,040 TOTAL EXPENDITURES $ 9,777 $ 24,685 $ 247,952 11.6% REVENUES LESS EXPENDITURES $ (7,966) $ 1,260 FUND BALANCE AT JULY 1, 1998 $ 91,290 * CURRENT FUND BALANCE _ $ 92,550 1998/99 Percentage TOWNWIDE ROADWAY DEVELOPMENT September Y-T-D Total of Budget IMPACT FEES Actuals Actuals Budget Completed REVENUES: PAG Reimbursement $ - $ - $ 500,000 0.0% La Canada Drive Improvements 6,961 6,961 - 100.0% Interest-Investments 27,647 54,681 178,000 30.7% Development Impact Fees 109,062 385,452 1,165,000 33.1%' Carryforward of Fund Balance - - 4,307,464 TOTAL REVENUES 143,670 447,094 6,150,464 7.3% EXPENDITURES: Improvements 3,726 8,789 1,723,000 0.5% Contingency - - 4,427,464 TOTAL EXPENDITURES $ 3,726 $ 8,789 $ 6,150,464 0.5% REVENUES LESS EXPENDITURES $ 139,944 $ 438,305 FUND BALANCE AT JULY 1, 1998 $4,591,238 * CURRENT FUND BALANCE $ 5,029,543 *Pre-audit figure. Town of Oro Valley HIGHWAY FUND Budget Compared to Actuals Report Through September 30,1998 Percentage of Year Completed 3/12=25.0% 1998/99 Percentage September Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: State Shared Fuels Tax $ 92,891 $ 215,961 $ 1,577,000 13.7% Other Revenues 10,532 22,816 57,500 39.7% Financing From Leases - - 45,000 0.0% Carryforward of Fund Balance 1,376,490 TOTAL REVENUES 103,423 238,777 3,055,990 14.2% EXPENDITURES: Personnel 41,637 112,778 570,868 19.8% Operations&Maintenance 24,952 58,100 386,750 15.0% Street Improvements - - 150,000 0.0% Capital Improvements 9,546 42,949 499,000 8.6% Equipment&Vehicles 3,150 3,150 79,000 4.0% Lease Purchase Payments - - 51,100 0.0% Contingency 1,319,272 TOTAL EXPENDITURES $ 79,285 $ 216,977 $ 3,055,990 12.5% REVENUES LESS EXPENDITURES $ 24,138 $ 21,800 FUND BALANCE AT JULY 1, 1998 $ 1,462,087 * CURRENT FUND BALANCE $ 1,483,887 * Pre-audit figure. Town of Oro Valley GENERAL FUND Budget Compared to Actuals Report Through September 30, 1998 Percentage of Year Completed 3/12=25.0% 1998/99 Percentage September Y-T-D Total of Budget Actuals Actuals Budget Completed REVENUES: _ Local Taxes $ 284,256 $ 726,175 $ 3,723,000 19.5% State/County Shared 357,286 870,446 3,993,000 21.8% Fines 17,456 52,486 233,000 22.5% Licenses&Permits 98,710 323,528 1,001,000 32.3% 61,698 208,950 29.5% 30,292 Charges for Services _ Federal Grants 2,134 2,134 505,592 ' 0.4% State Grants 8,904 58,168 267,754 21.7% Interest Earnings 35,310 69,053 240,000 28.8% Miscellaneous 4,868 12,806 23,300 55.0% Financing From Leases - - 129,000 0.0% Carryforward 5,343,655 TOTAL REVENUES 839,216 2,176,494 15,668,251 = EXPENDITURES: Town Council 2,154 13,419 68,197 19.7% Town Clerk 13,497 46,374 217,995 21.3% Magistrate Court 32,120 79,994 363,499 22.0% Town Manager 22,667 58,643 351,895 16.7% Economic Development 19,607 29,467 305,215 - 9.7% Finance 21,828 55,043 300,964 18.3% Legal 16,167 38,521 355,652 10.8% Community Development Administration 12,909 36,213 201,453 18.0% Planning&Zoning 52,172 102,246 891,524 11.5% Parks&Recreation 49,360 143,676 632,654 22.7% Police 314,312 836,520 4,644,354 18.0% Police-Capital Contingency - - 147,795 0.0% Building Safety 24,690 65,655 415,701 15.8% Custodial&Facility Maintenance 6,489 13,877 189,050 ' 7.3% General Administration: Operations&Maintenance 51,242 77,300 277,147 27.9% Improvements 3,468 3,468 6,000 57.8% Vehicles&Equipment - - 53,500 0.0% Land 200,000 0.0% Transfers to Other Funds - - 2,936,746 0.0% Contingency/Reserve 3,108,910 TOTAL EXPENDITURES $ 642,682 $ 1,600,416 $ 15,668,251 12.7% REVENUES LESS EXPENDITURES $ 196,534 $ 576,078 FUND BALANCE AT JULY 1, 1998 $ 5,885,340 * CURRENT FUND BALANCE _ $ 6,461,418 _ *Pre-audit figure. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4th, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-98-4 Vistoso Golf Casitas Landscape Plan, Rancho Vistoso Neighborhood 11, Parcel AI,Located West of Rancho Vistoso Boulevard, and South of Vistoso Highlands Drive BACKGROUND: The WLB Group, representing the developers, request Town Council approval of a project Landscape Plan. Mirage Homes is developing the Vistoso Golf Casitas condominium project, which is designed as a subdivision plat. It is located in the northwest portion of Rancho Vistoso, in Neighborhood 11, on 5.88 acres of the 18.0-acre, high-density residential Parcel AI. The site is on the west side of Vistoso Highlands Drive, south of the Golf Club at Vistoso temporary clubhouse and bordered by a golf course on the south and southeast sides, open space on the west and Vistoso Highlands on the east. The developer is proposing to construct 13 buildings, each containing four dwelling units, for 52 units total. SUMMARY: OVZCR Buffer Yard standards require a Buffer Yard A along Vistoso Highlands Drive, and a Buffer Yard D along the perimeter of the development. The applicant has elected to utilize a 30' Buffer Yard A along Vistoso Highlands Drive. The buffer yard will consist of a mixture of understory vegetation and trees, including palo -erde, mesquite, ocotillo, indigo bushes, and feather bushes. Sisoo is also utilized in Buffer Yard A, which is not on the Oro Valley Approved Plant List in the OVZCR, and the applicant has provided a fact sheet to Staff. Sisoo is drought tolerant and possesses a low pollen count. A 40' Natural Buffer Yard D is utilized on the western and southwestern boundaries of the property, thus respecting the preserved natural Sonoran desert. An augmented 20' Buffer Yard D is proposed by the applicant for portions of the southwestern and southern property boundaries. This will entail additional vegetation being placed amongst the existing natural Sonoran vegetation, which provide additional visual screening for the development and additional protection from errant golf balls from the adjacent golf course. The Rancho Vistoso PAD requires a minimum of 35% of the development site to consist of landscaped areas or open space. The applicant has more than satisfied this requirement, providing 2.44 acres of open space and landscaped area, or 41.4 % of the site. The western portions of the site will remain as natural open space, thus preserving some of the natural Sonoran desert environment. In compliance with the requirements of the OVZCR, the developers of the Vistoso Golf Casitas have also proposed a recreation area for the project. The recreation area proposed will consist of a pool, spa, club house, and barbeque area. The recreation area, and the landscaping of the parking area throughout the development are in conformance with the requirements of the OVZCR. GENERAL PLAN COMPLIANCE The landscape plan submitted by the applicant is in compliance with the Town of Oro Valley General Plan. The landscape improvements proposed "preserve, restore, and enhance the ecological and scenic qualities of the atural landscape", as required by the General Plan. TOWN OF ORO VALLEY 'OUNCIL COMMUNICATION Page 2 of 2 RECOMMENDATION: Staff recommends approval of the Landscape Plan, subject to those conditions listed in Exhibit"A". SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-4, Vistoso Golf Casitas Landscape Plan, Rancho Vistoso Neighborhood 11, Parcel AI, effective on the date of satisfaction of the conditions in Exhibit"A". OR I move to approve OV 12-98-4, Vistoso Golf Casitas Landscape Plan, Rancho Vistoso Neighborhood 11, Parcel AI, effective on the date of satisfaction of the conditions in Exhibit "A", and the following added conditions: OR I move to deny OV12-98-4, Vistoso Golf Casitas Landscape Plan, Rancho Vistoso Neighborhood 11, Parcel Al, finding that: OR I move to continue OV12-98-4, Vistoso Golf Casitas Landscape Plan, Rancho Vistoso Neighborhood 11, Parcel AI, until such time that the issues in Exhibit"A" attached herewith are resolved. ATTACHMENTS: 1. Exhibit"A" 2. Reduced Copy of Landscape Plan F:\ov\Ov 12\1998\12-98-04\LPTC.RPT f P ; 'n: : d Zonin', A , Pi inistrator • '11I ' i/Li Iliv•ELLijiiiiiiit. 4/ 1 r to • Artity De/ pment irecto Town Manager EXHIBIT "A" TOWN COUNCIL CONDITIONS OF LANDSCAPE PLAN APPROVAL OV12-98-4 VISTOSO GOLF CASITAS, RANCHO VISTOSO,NEIGHBORHOOD 11 Parcel AI 1. Label the 30' Buffer Yard A on Sheets #5 through#7. 2. 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TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4th, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: OV12-98-9 TRENDWEST RESORT LANDSCAPE PLAN FOR A 16.73 ACRE, 111-UNIT TIMESHARE RESORT, LOCATED WEST OF RANCHO VISTOSO BOULEVARD AND SOUTH OF VISTOSO HIGHLANDS DRIVE, RANCHO VISTOSO NEIGHBORHOOD 10 PARCEL H BACKGROUND: THMS Associates, representing the developers of the Trendwest Resort, request Town Council approval of a projectLandscape Landsca Plan. The 16.73 acre property is located on the west side of Hidden Springs, south of Pebble Creek Drive, and is designated "Medium High Density Residential (MHDR)" under the Rancho Vistoso PAD. Thero ert is abutted on the north by Pebble Creek Drive and the Vistoso Resort Casitas, and to the east by p p y Hidden g Sp rin s Drive. A riparian wash area and the Club at Rancho Vistoso Golf Course are to the west of the site, and Desert Fairways Drive is located to the south. Mirage Homes proposes to build a 111 unit timeshare resort, clustered in twenty buildings dispersed through the 12.04 acres of the site to be developed, with vehicular access off of Hidden Springs Drive. SUMMARY: OVZCR Buffer Yard standards require a Buffer Yard A along Hidden Springs Drive, a Buffer Yard C along Pebble Creek Drive and Desert Fairways Drive, and Buffer Yard D along the remaining perimeter of the development. The applicant has elected to utilize a 20' Buffer Yard A along Hidden Springs Drive. The buffer and will consist of a mixture of understory vegetation and trees, including palo verde, mesquite,te, ocotillo, Texas Mountain Laurel, and feather bushes. Gregg Ash is also utilized in Buffer Yard A, which is not on the Oro Valley Approved roved Plant List in the OVZCR, and the applicant has provided a fact sheet to Staff. Gregg Ash is a nativep lant of the southwest, found between 2000' and 5000' in elevation, is drought resistant, and has a very low pollen count. A 20' modified Buffer Yard C is utilized by the applicant on the frontage of the site facing Desert Fairways Drive and Pebble Creek Drive, and features the same vegetative density and variety as the Buffer Yard A along Hidden Springs Drive. A 20' natural Buffer Yard C is utilized for portions of the northern and southern perimeter of the site, and a 40' natural Buffer Yard D is utilized on the western perimeter of the site, thus preserving and protecting the natural Sonoran desert vegetation found in the wash. The landscaping provisions provided by the applicant are in compliance with the OVZCR. The Rancho Vistoso PAD requires a minimum of 10% of the site be landscaped or open space, and the applicant has more than satisfied this requirement, providing 4.77 acres of natural open space, or 28.5 % of the site. The western portion of the site will remain as natural open space, thus preserving the existing wash, its riparian habitat, and the natural Sonoran desert environment. In addition, the developers of the Trendwest Resort have proposed a recreation area for the project, meeting the requirements of the OVZCR. The recreation area proposed will consist of a pool, spa, tennis court, a basketball half-court, and a playground area. The recreation area, and the landscaping of the parking area throughout the development are in conformance with the requirements of the OVZCR. TOWN OF ORO VALLEY ,OU NCIL COMMUNICATION Page 2 of 2 GENERAL PLAN COMPLIANCE The Trendwest Landscape Plan is in compliance with the Town of Oro Valley General Plan. The landscape improvementsproposed ro osed "preserve, restore, and enhance the ecological and scenic qualities of the natural landscape", as required by the General Plan. DRB ACTION: On October 13th, 1998 the DRB recommended approval (6—0) for the Trendwest Landscape Plan, with conditions. The applicant has complied with all conditions. RECOMMENDATION: Staff recommends approval of the Landscape Plan. SUGGESTED MOTIONS: The Council may wish to consider one of the following motions: r move to approve OV 12-98-9, Trendwest Landscape Development Plan, Rancho Vistoso Neighborhood 10. Parcel H. OR I move to approve OV 12-98-9, Trendwest Resort Landscape Plan, Rancho Vistoso Neighborhood 10, Parcel H, with the following added conditions: OR I move to deny OV 12-98-9, Trendwest Resort Landscape Plan, Rancho Vistoso Neighborhood 10, Parcel H, finding that: • OR I move to continue OV12-98-9, Trendwest Resort Landscape Plan, Rancho Vistoso Neighborhood 10, Parcel H, until such time that the issues in Exhibit"A" attached herewith are resolved. ATTACHMENTS: 611 1. 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'(g'1,31 Landscape Architecture 196 W.Simpson St _ F \ Urba.--,53456' Irrigation Design (520)882-9655 ORO VALLEY,ARIZONA Environmental Services Fax(520)882-4007 ' g- CIT,1 (29. rd'i TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Shirley Gay, Assurance Clerk SUBJECT: Request for D. R. Horton Homes Rancho Vistoso Neighborhood 7 F "The Overlook" to post a Bond in lieu of Third Party Trust Agreement. (OV12-98-03) SUMMARY: Lou Turner with D. R. Horton Homes has requested to post a Bond in lieu of Third Party Trust in the amount of $1,044,363.02. RECOMMENDATIONS: As of the date that this report was written, Staff had not seen the proposed bond because the applicant had just received confirmation of the amount required. . However, this form of assurance is the same as what was approved byTown Council for La Cholla Estates and includes the wording recommended by counsel. Staff will pp provide a recommendation at the Town Council Meeting. SUGGESTED MOTION: The Town Council may wish to consider one of the following motions: I move to approve OV 12-98-03 Rancho Vistoso Neighborhood 7 F D. R. Horton Homes, Bond in lieu of Third Party Trust OR I move to deny OV 12-98-03 Rancho Vistoso Neighborhood 7F D.R. Horton Homes Bond, in lieu of Third Party Trust. ATTACHMENTS: 1. Bond to be provided at hearing. . / lia..._.4-4)4, ' . . d Zo 'n A A dministrator 0,, •ii. 1 ,, A ic - t1 _�1/ I i unity De "o pmen Direc or do410" e Town M. ager F:\INDIVID\SAG\Tccrel.doc TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR & COUNCIL s FROM: Valerie Feuer, Senior Planner SUBJECT: Copper Creek School Request for Approval of a Sign Waiver for Non-Profit Crafts Fair BACKGROUND: Copper Creek School parents are again organizing a crafts fair event to raise monies for needed school supplies, equipment and to assist some needy Copper Creek families through the holiday season. The event is to be held on December 5, 1998, from 9:00 a.m. to 4:00 p.m. at the school. SUMMARY: Ms. Mary Weber, a Crafts Fair committee member, has requested approval to publicize the event by placing temporary signs at major intersections in and around the Town. The signs would belaced� per the letter of p request, only at major intersections. Such signs would precede the event by approximately a week and would be removed promptly at its conclusion. Ms. Jennings also requests that the $25.00 fee be waived for this non-profit event. RECOMMENDATION: Planning Staff recommends that, as part of this evening's consent agenda, the Council grant a sign waiver (free of charge) for the Copper Creek Crafts Fair. The temporary signs maybeplaced at theappropriate Oro Valley intersections, with the stipulation that all signs be removed promptly, before 5:00 p.m. Sunday, December 6. ATTACHMENT: 1. Letter of Request from Ms. Weber j A~11 gL— )(.... Planning a • Zoning Administrator 1 / I i/ . 0 C• ity p to ment I irecto 1 ) , i f / , 4 ta Town Manager F:\INDIVID\VBF\coppercr.wai October 22, 1998 Town of Oro Valley Mayor Loomis and Town Council 11000 North La Canada Oro Valley, AZ 85737 Dear Mayor and Council Members: I am writing this letter to you on behalf of the Copper Creek Craft Fair Committee. We will be holding our sixth annual Craft Fair on Saturday, December 5, 1998 from 9:00am until 4:00pm. We are requesting that the Town of Oro Valley grant a waiver to the Town Code for placement of signs off the school property. We wish to make this event a big success and fund-raiser for the school. In order to do this, we will need to place our signs, advertising the event, during the week prior to the Fair. The signs will be placed on the corners most visible to motorists, but only on streets of heavy traffic (i.e., La Canada/Naranja; Tangerine/La Canada; Tangerine/Oracle; Oracle/Magee; Lambert/La Cholla; La Cholla/Hardy, etc). Since this event is a fund-raiser for the school, we are also requesting a waiver of the $25 non-refundable sign fee. Monies raised on this day will be used to defray costs of the needed additional educational items that the teachers will purchase for use in Copper Creek classrooms. These additional supplies will supplement the minimally funded resources to enhance the children's learning experience. The monies will also be used to help a few Copper Creek families during the upcoming holiday season. Thank you for your support in this matter. Sincerely, ')/i)L2AA4- Mary G. Weber Craft Fair Committee Member TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR AND COUNCIL FROM: Werner S. Wolff, Chief of Police RESOLUTION (R)98-89 For Use of SUBJECT: Amendment#1 to IntergovernmentalAgreement Multi-Agency Mutual Aid System. SUMMARY: The I.G.A.for use Multi-Agency a Multi-A ency Mutual Aid System was entered into between and among the City of Tucson,Pima Dept.Of Public Safety,Arizona Board of Regents,City Arizona �yity of South Tucson,Town of Oro Valley,Pima County Community College,e,Town of Marana,Northwest Fire District and Golder Ranch Fire District in 1997. The g Parties to the Multi-Agency Mutual Aid System Agreement wish to amend the Agreement to include Tucson Airport Authority and the Town of Sahuarita. ATTACHMENTS: 1. Original copy of Amendment#1 to the Intergovernmental Agreement For Use of Multi-Agency Mutual Aid System. 2. Resolution No.(R)98-89 FISCAL IMPACT: Approved Budget FY 98/99: $2,000.00 RECOMMENDATION: approve the amendment to the I.G.A. for use of Multi-Agency Mutual Aid System. I recommend Mayor and Council appro SUGGESTED MOTION: I move that Mayor and Councilpp approve Resolution No. (R)98-89 allowing Amendment#1 to the Intergovernmental Agreement For Use of Multi-Agency Mutual Aid System. Werner S. Wolff C .o Police / -4_ Charles F. Swee. Town Manager RESOLUTION NO.(098-89 98-89 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING THE EXECUTION OF AMENDMENT #1 TO THE MULTI- AGENCY MUTUAL AID SYSTEM INTERGOVERNMENTAL AGREEMENT ALLOWING THE AGREEMENT TO INCLUDE TUCSON AIRPORT AUTHORITY (PUBLIC SAFETY)AND THE TOWN OF SAHUARITA TO JOINTLY PARTICIPATE IN SAID AGREEMENT. WHEREAS, the Town of Oro Valleypursuant to Arizona Revised Statutes § 11-952 is authorized joint and cooperative action with other public agencies and is empowered to enter into agreements for by Title 9 Arizona Revised Statutes to enter into contracts and to establish and maintain the Oro Valley Department,De artment, pursuant to A.R.S. § 9-240.12; and WHEREAS,the Town of Oro Valleyentered into a mutual aid agreement with the City of Tucson for the participation artici ation and administration of a Multi-Agency Mutual Aid System, is WHEREAS, itthe desire of the Town of Oro Valley to amend said Intergovernmental Agreement in order to provide for the health, safetyand welfare of the residents in the Town of Oro Valley; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA: 1. That they Mayor of the Town of Oro Valley, Chief of Police, Werner S. Wolff, and other administrative officials are hereby authorized to take such steps as necessary to execute and implement Amendment # 1 to said agreement. PASSED AND ADOPTED Mayor bythe Ma or and Town Council of the Town of Oro Valley, Arizona, this 4TH day of NOVEMBER , 1998. TOWN OF ORO VALLEY, ARIZONA Paul H. Loomis, Mayor ATTEST: Kathryn E. Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney Amendment No. 1 To Intergovernmental Agreement For Use of Multi-Agency Mutual Aid System WHEREAS, a Multi-Agency Mutual Aid System Agreement was entered into between and among the City of Tucson, Pima County, Arizona Dept. of Public Safety, Arizona Board of Regents, City of South Tucson, Town of Oro Valley, Pima County Community College, Town of Marana, Northwest Fire District and Golder Ranch Fire District (hereinafter"the parties"); WHEREAS, the parties to the Multi-Agency Mutual Aid System Agreement wish to amend the Agreement to include Tucson Airport Authority (Public Safety) and the Town of Sahuarita. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING, the parties hereto agree as follows: Section 1. The Intergovernmental Agreement attached hereto incorporated into this amendment as if fully set forth herein is amended to include the following parties who by this amendment agree to all terms contained in the Intergovernmental Agreement: By the authority A.R.S. 2-314 By the authority of A.R.S. 11-952(D) & Resolution No. 1997-43 Tucson Airport Authority Town of Sahuarita 7005 S. Plumer Avenue P.O. Box 22152 Tucson, AZ 85706 Sahuarita, AZ 85629 Section 2. All other terms and conditions of the Agreement shall remain in full force and effect. Section 3. This amendment may be executed in one or more identical counterparts, each of which shall be deemed an original, but all of which taken together shall constitute the amendment. DATED THIS DAY OF , 1998 Page 2 WHEREAS, the Pima County, enters into this agreement by authority of A.R.S. 11-201, -251, -951, -954 and WHEREAS, Arizona Department of Public Safety, enters into this agreement by authority of A.R.S. 41-1713 B.3 and WHEREAS, Arizona Board of Regents on behalf of University of Arizona Police, enters into this agreement pursuant to A.R.S. 11-951 by authority of A.R.S. 15-1625 and WHEREAS, City of South Tucson/Police Department, enters into this agreement by authority of A.R.S. 11-952 and WHEREAS, Town of Oro Valley/Police Department, enters into this agreement by authority of A.R.S. 11-952 and WHEREAS, Pima Community College, enters into this agreement by authority of A.R.S. Section 15-1444; and WHEREAS, Town of Marana, enters into this agreement by authority of A.R.S. Title 11-952D; and WHEREAS,Northwest Fire District, enters into this agreement by authority of A.R.S. 48-805 and WHEREAS, Golder Ranch Fire Department, enters into this agreement by authority of A.R.S. 48-805 and Page 3 WHEREAS, it is the desire of the Agencies to contract with the City for use of the Multi-Agency Mutual Aid System NOW, THEREFORE, the City and Agencies agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to set out the understanding of the City and Agencies as to their mutual responsibilities and rights regarding the use of the Multi-Agency Mutual Aid System. The Multi-Agency Mutual Aid System provides public safety providers with a regional radio communications system which allows member agencies from different jurisdictions and on different frequencies to communicate during times of emergencies. The City shall provide, bill and collect for use of the system, for maintenance on City owned equipment and lease costs related to the housing of equipment at the FM Engineering Tucson Mountain site. A Steering Committee comprised of members from the Multi-Agency Mutual Aid System will set policy, procedures, administer costs and review membership. Section 2. Financing. A. Each Agency is responsible for remitting payments as will be generated by the City's Accounts Receivable Section for use of the Multi-Agency Mutual Aid System. Each Agency will pay a fee of$2,000 per year for lease costs, use and maintenance of the Multi-Agency Mutual Aid System, which is a regional public safety emergency communications system for the Tucson Metropolitan area. The system is supported and funded by the participating agencies and Departments. Page 4 B. These funds will be sent by each Agency to: City of Tucson Accounting Division P.O. Box 27320 Tucson, AZ 85726-7320 Section 3. Obligations of the Agencies. A. Each Agency is responsible for making payments in the amounts billed within 30 days from the date of billing, for use of the Multi-Agency Mutual Aid System. B. Each Agency is responsible for supplying all equipment required for making its communications system compatible with the Multi-Agency Mutual Aid System. Each Agency will retain ownership of all such equipment. C. Each Agency is responsible for performing maintenance on all of its own equipment. D. The City assumes responsibility for performing maintenance on all City owned equipment. E. The City shall maintain all documentation of charges incurred, and such shall be available for inspection by each Agency. F. Each Agency is responsible for complying with the systems operating procedures (Appendix A). Page 5 Section 4. Budget. Each Agency represents that it has within its respective budget sufficient funds to discharge the obligation and duties assumed under this Agreement. Should any Agency fail to obtain continued funding during the term of the Agreement through a failure of appropriation or approval of funds, then in that event this Agreement shall be deemed to terminate for that Agency by operation of law. In such event, termination shall be effective on the last day of the year for which funds have been appropriated or approved. Section 5. Effective Date and Termination. This Agreement shall be effective upon the date of filing in the Office of the Pima County Recorder or September 2, 1997, whichever is later. Thereafter, the Agreement may be renewed for additional (1) year periods by written approval of each Agency. Any Agency may terminate this Agreement by giving written notice to the City not less one hundred-eighty (180) days prior to the termination date which shall be set forth in the notice. In the event of such termination each Agency shall be liable for their proportionate share of cost expenses incurred or arising out of their performance of the terms of this Agreement occurring prior to the termination date set forth in the notice. Section 6. Term. This Agreement will remain in effect for twenty years, subject to the terms and conditions of Section 5, supra. Page 6 Section 7. Notices. All notices required to be made herein shall be sent to Agencies at their addresses as they appear below or to other such places as designated by the Agencies from time to time. Communications Division Pima County Office of Emergency Management Operations Department 130 W. Congress Street P.O. Box 27210 Tucson, AZ 85701 Tucson, AZ 85726-7210 Arizona Department of Public Safety University of Arizona, Police Department 2201 W. Encanto 1200 E. Lowell Phoenix, AZ 85005 Tucson, AZ 85721 City of South Tucson, Police Department Pima County Sheriffs Department 1601 S. 6th Avenue 1750 E. Benson Highway S. Tucson, AZ 85713 Tucson, AZ 85713 Town of Oro Valley, Police Department Pima County Community College 11000 N. La Canada 6680 S. Country Club Oro Valley, AZ 85737 Tucson, AZ 85709-1740 Page 7 Town of Marana, Police Department Northwest Fire District 12775 N. Sanders Road 4701 N. La Cholla Blvd. Marana, AZ 85653 Tucson, AZ 85705 Golder Ranch Fire Department 3535 E. Hawser Tucson, AZ 85739 Section 8. Nothing in this Agreement is to be construed as either limiting or extending the legal jurisdiction of any Agency to this Agreement. Section 9. Arbitration. To the extent applicable, each Agency agrees to use arbitration as provided in Arizona Revised Statutes, Sec. 12-1518 et.seq. to resolve disputes arising out of terms of this Agreement. Section 10. Indemnification. To the extent which it legally may, each Agency shall indemnify, defend and hold harmless the other Agency or Agencies, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which results from any act or omission of the Page 8 indemnifying Agency, its agents, employees or anyone acting under its direction, control, or on its behalf, whether intentional or negligent. Section 11. Non-Discrimination. Each Agency agrees to be bound by applicable State and Federal rules governing equal employment opportunity and non-discrimination. Section 12. Conflict of Interest. This Agreement is subject to Arizona revised Statute 38-511 regarding Conflict of Interest. Section 13. Insurance. Each Agency represents that it shall maintain for the duration of this Agreement policies of public liability insurance covering all of their obligations undertaken in the implementation of the Agreement providing bodily injury limits of not less than $1,000,000 for any person, of not less than $1,000,000 for any one occurrence, and property damage liability to a limit of not less than $1,000,000. The Agencies may fulfill the requirements of this section by programs of self insurance to limit the scope of indemnification set forth in Section 10. Section 14. This Agreement may be executed in one or more identical counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one agreement. Page 9 IN WITNESS THEREOF, each Agency has caused this instrument to be executed by its authorized signatory and the City has caused this instrument to be executed by the Mayor upon Resolution of the Mayor and Council and attested to by the Clerk. APPROVED: CITY OF TUCSON PIMA COUNTY BY: BY: George Miller Raul M. Grijalva, Chairman As Mayor and not personally Pima County Board of Supervisors COUNTERSIGNED this day of , 1998. BY: BY: Kathy Detrick Stanley L. Cheske, Chief Deputy As City Clerk and not personally Pima County Sheriff Page 10 Pursuant to A.R.S. Sec. 11 - 952D, the attorney for the Agencies here to have determined that the foregoing is in proper form and is within the powers and authority granted under the laws of this State to the City. BY: BY: Assistant City Attorney Deputy County Attorney TOWN OF ORO VALLEY BY: BY: ,4 ce- I.COM 15 Attorney for Town of Oro Valley Mayor ATTEST: Oro Valley Town Clerk 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Shirley Seng Utility Administrator SUBJECT: Ordinance No. (0) 98- 45 Amending the Oro Valley Town Code Article 15-3 Town Water Utility Director/Town Engineer SUMMARY: On August 5, 1998, Town Council approved the adoption of the Final Budget for fiscal year 1998/99. As a result of this action, the Department of Public Works and Oro Valley Water Utility were officially separated into individual departments. In conjunction with the separation of the two departments, a proposed Water Utility Director's position was approved and accepted by Town Council. Subsequently, that position has been filled by the former Town Engineer. The Town is currently recruiting to fill the Town Engineer's position. In view of the above circumstances, staff has observed that a few revisions will need to be made to the Town Code Article 15-3 whereby the Water Utility Director is designated as the Town Engineer. This issue was brought before the Oro Valley Water Utility Commission at their regular meeting on October 12, 1998. The Commission approved a recommendation to amend the Town Code accordingly. FISCAL IMPACT: None. COMMISSION RECOMMENDATION: The Oro Valley Water Utility Commission respectfully recommends approval of Ordinance No. (0) 98- 45 Amending the Oro Valley Town Code Article 15-3 as indicated in Exhibit A of the Ordinance. STAFF RECOMMENDATION: Staff concurs with the Commission and recommends approval of Ordinance No. (0) 98- 45 SUGGESTED MOTION: I move to approve Ordinance No. (0) 98- 45 Amending the Oro Valley Town Code Article 15-3 Town Water Utility Director/Town Engineer. or I move to not approve Ordinance No. (0) 98- 45 Amending the Oro Valley Town Code Article 15-3 Town Water Utility Director/Town Engineer. TOWN OF ORO VALLEY COUNCIL COMMUNICATION PAGE 2 OF 2 ATTACHMENTS: 1. Ordinance No. (0)98- 45 Amending the Oro Valley Town Code Article 15-3. 2. Existing Town Code Article 15-3 (changes have been lined out and/or highlighted) 411, k \ 1.1J Utility Administ.ator C ___X---" W.ter Utility Director ,ter. Town M. ager ORDINANCE NO. (0)98- 45 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY ARIZONA AMENDING THE ORO VALLEY TOWN CODE ARTICLE 15-3 TOWN WATER UTILITY DIRECTOR/TOWN ENGINEER WHEREAS, ORO VALLEY has the requisite statutory authority to acquire, own and maintain a water utility for the benefit of the landowners within and without the Town's corporate boundaries pursuant to the provision of Arizona Revised Statute 48-571 et. Seq., and WHEREAS, ORO VALLEY is a political subdivision of the State of Arizona, and pursuant to Article 13, Section 7 of the Arizona Constitution, is vested with all the rights, privileges and benefits, and entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS, ORO VALLEY adopted the Final Budget for Fiscal Year 1998/99 which resulted in the separation of the Department of Public Works and the Oro Valley Water Utility into individual departments; and WHEREAS, ORO VALLEY approved a Water Utility Director's position; and WHEREAS, ORO VALLEY now finds it necessary to amend the Oro Valley Town Code according to state law; NOW, THEREFORE, BE IT RESOLVED BY THE ORO VALLEY MAYOR AND TOWN COUNCIL: 1) That the referenced article of the Oro Valley Town Code is hereby amended as follows: See attached Exhibit"A" for text to be amended in Article 15-3. 2) That any prior ordinances or rules in conflict with this ordinance are hereby rescinded. 3) That if any court of competent jurisdiction finds any clause or provision to be illegal, that part shall be severable and shall not effect the rest of the document. Adopted this 4TH day of NOVEMBER , 1998 by the Mayor and Council of Oro Valley. Mayor ATTEST: APPROVED AS TO FORM: Town Clerk Town Attorney EXHIBIT "A" The Town Code is to be amended as follows: compliance with federal, state and local ARTICLE 15-3 TOWN WATER UTILITY DIRECTOR ordinances and requirements in general; 15-3-1 Duties 15-3-2 Term preparation of annual budgets; preparation of 15-3-3 Compensation capital improvement plans. 15-3-1 Duties The Water Utility Director shall report to and 15-3-2 Term take direction from the Town Manager. The The Water Utility Director shall be appointed Water Utility Director shall be responsible for by the Town Manager in accordance with the day to day management of the Town water Town Policy and other Town Ordinances. system, including but not limited to; the inspection and repair of the water system; 15-3-3 Compensation sufficiency of water supply; enforcement of The Town Council shall provide the terms and this Water Utility Code; review of all provisions of compensation to be provided by engineering plans; review of all contracts with the Town to the Water Utility Director in the Town Attorney; preparation of water accordance with State Law, Town Ordinances system development plans, improvement or and Town Policy. expansion plans; collection of all funds due to the Town water utility; compliance with all federal, state and local health regulations; ATTACHMENT 2 (Existing Town Code—changes have been lined out and/or highlighted) ARTICLE 15-3 TOWN WATER of water system development plans, UTILITY DIRECTOR/TOWN improvement or expansion plans; collection of ENGINEER all funds due to the Town water utility; 15-3-1 Duties compliance with all federal, state and local 15-3-2 Term 15-3-3 Compensation health regulations; compliance with federal, state and local ordinances and requirements in 15-3-1 Duties general; preparation of annual budgets; The Town Engineer Water Utility Director preparation of capital improvement plans. shall have th© duties and responsibilities a& determined by the Town Coincil by resolution 15-3-2 Term or ordinance, in addition to those duties and The Town Engineer's term will be as provided -. - - -• repot t by state law Water Utility Director shall be and f ydirection from the Town Manager. appointed by the Town Manager in accordance The Town Engineer Water Utility Director with Town Policy andother' oma.Crnae ....:•�K'x.<'n`S vyaxati:•:aec.�Qa.\\:aiNWoi2'tirk:•'0.act;:.:. ..+M::,..,,......+....e. ,}..�v.+ Y a .. ..n.m N.•...?nr.s,,e,,So4cbly..c,.>ni..xn a••r ti,.:±x?•:�*°�t'3>,61Jq,..%: shall be responsible for the day to day management of the Town water system, 15-3-3 Compensation including but not limited to; the inspection and The Town Council shall provide the terms and repair of the water system; sufficiency of water provisions of compensation to be provided by supply; enforcement of this Water Utility Code; A_ t the Town to the Town Engineer waterUtility review of all engineering plans; review of all ecor in accordance with State Law, Town contracts with the Town Attorney; preparation •'•;; fi3.:s3.a::•:.rawy..;ri:'w"�' .oa,&'2aS'}.' TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: PUBLIC HEARING, ORDINANCE 0(98)-46 - PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE REVISED (OVZCR), CHAPTER 2, SECTION 2-101, DEFINITIONS, AND CHAPTER 7, MULTI-FAM LY RESIDENTIAL DISTRICT REGULATIONS. BACKGROUND: At the Planning and Zoning Commission's direction, Staff has prepared a zoning code amendment that will clarify the issue of short-term rentals in residential districts. Currently, chapters 6 and 7 in OVZCR may permit short-term residential uses in the single family and the multi-family districts, because they do not discuss specific time requirements. Thus, areas intended for residential uses could be used for resort/hotel type uses. To address this, staff has been using the definition of boarding houses or lodging houses to permit short-term rentals as Conditional Use Permits (CUPs) in the R-6 residential district. This definition, however, has not been adequate to fully describe the proposed uses. SUMMARY: Staff has researched zoning codes on the Internet to see how different jurisdictions handle short-term rentals in residential districts. The City of Boulder, Colorado and Maui County, Hawaii address short-term rentals in their zoning codes. Relevant sections from these zoning codes have been proposed in the OVZCR that will clarify this issue. In Chapter 2, Section 2-101, a new definition has been added for short-term rental properties, which proposes a specific time requirement(30 days)and ensures compatibility with the surrounding neighborhood. The 30 days is based on the State Tax Code and Town Code regulations related to rental of real property. The "Hotel" definition also proposes a specific time requirement along with a brief description of different uses associated with hotels. The term "Residential" is another proposed amendment to this section in order to clearly designate the permitted occupancy periods of 30 days or more for residential zoning districts. The proposed amendments in Chapter 7,Multi-Family Residential District Regulations are located in Articles 7-2, R-4R Resort District; 7-4, R-S Residential Service District; and 7-5, R-6 Multi-Family Residential District. These proposed amendments are outlined below: • In Article 7-2, hotels are still a permitted use, but it is subject to the amended definition set forth in Section 2-101. The Boarding house or lodging house and short-term rental property use is added to Section 7-203B, Uses Subject to Conditional Use Permit. • Article 7-4 adds the Boarding house or lodging house and short-term rental property use to Section 7-403B, Uses Subject to Conditional Use Permit. • Article 7-5 adds the Boarding house or lodging house and short-term rental property use to Section 7-503B, Uses Subject to Conditional Use Permit. • The above-referenced amendments are subject to the definitions set forth in Section 2-101. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval ( 5 - 0 ) on October 6, 1998. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 RECOMMENDATIONS: Staff recommends Town Council approval for amendments to Chapters 2 and 7 of the OVZCR, clarifying the issue of short- term rentals in multi-family residential districts. The appropriate motions are included below. SUGGESTED MOTION: The Oro Valley Town Council may wish to consider one of the following motions: I move to approve the amendments to the Oro Valley Zoning Code Revised, Chapter 2, Section 2-101, Definitions, and Chapter 7,Multi-Family Residential District Regulations,as presented in attached Ordinance No. (0)9846 . OR I move to approve the amendments to the Oro Valley Zoning Code Revised, Chapter 2, Section 2-101, Definitions, and Chapter 7, Multi-Family Residential District Regulations, as presented in attached Ordinance No. (0)98-46 with the following revisions: OR I move to deny approval of the amendments to the Oro Valley Zoning Code Revised, Chapter 2, Section 2-101, Definitions, and Chapter 7, Multi-Family Residential District Regulations, as presented in attached Ordinance No. (0)9 -46 finding that: ATTACHMENTS: 1. Exhibit"A"—Proposed OVZCR Amendments 2. Ordinance No. (0)9846 . 3. Town Code, Section 8,Underlined k,\Ahd, 1 P11. 1 in• and ZoningAdministrator _ ,. I 1 . AI /:. 1_4?) Co a.. ity De o pment 1'irecto J , " i i Town Man._er F:\ZONECODE\ZCR\7\strordtc.rpt TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 EXHIBIT"A" PROPOSED AMENDMENTS TO THE OVZCR CHAPTER 2,DEFINITIONS AND CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS CHAPTER 2 DEFINITIONS ARTICLE 2-1. Definitions Section 2-101 General SHORT-TERM RENTAL PROPERTY shall mean a building(s) of a residential character other than a hotel or motel compatible with the neighborhood offering temporary lodging for less than one month (30 days). This use shall not create any impact greater than those existing in the residential district. This shall not include any of those properties held by a person who is not deemed to be in the rental business per Section 8 of the Town Code. HOTEL '- • - - •- Shall mean an establishment that offers temporary lodging in rooms, for less than one month (30 days), that has interior common corridor access to rooms, may include a restaurant and may contain accessory uses and services, including, without limitation, newsstands, gift shops, and similar incidental uses conducted entirely within the principal building but excludes a"short-term rental property"as defined in this section. RESIDENTIAL shall mean single and multiple dwellings that are occupied for 30 days or more. CHAPTER 7 MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS ARTICLE 7-2. R-4R RESORT DISTRICT Sec. 7-203 Use Regulations A. Permitted Uses 1. Hotels.-, subject to the definition set forth in Sec. 2-101. B. Condition-al-Uses Uses Subject to Conditional Use Permit 4. Boarding house or lodging house and short-term rental properties, subject to the definition set forth in Sec. 2-101. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 ARTICLE 7-4. R-S RESIDENTIAL SERVICE DISTRICT Sec. 7-403 Use Regulations B. Uses Subject to Conditional Use Permit 11. Boarding house or lodging house and short-term rental properties, subject to the definition set forth in Sec. 2-101. ARTICLE 7-5. R-6 MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 7-503 Use Regulations C. Uses Subject to Conditional Use Permit 8. Boarding house or lodging house and short-term rental properties, subject to the definition set forth in Sec. 2-101. ORDINANCE NO. (0)98- 46 AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO AMENDMENTS OF THE ORO VALLEY ZONING CODE REVISED, CHAPTER 2, DEFINITIONS AND CHAPTER 7, MULTI-FAMILY RESIDENTIAL DISTRICT REGULATIONS RELATING TO SHORT-TERM RENTALS; ESTABLISHING THESE AMENDMENTS AS PART OF THE TOWN OF ORO VALLEY ZONING CODE REVISED. BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. That certain document known as "Amendments to the Oro Valley Zoning Code Revised, Chapter 2, Definitions, and Chapter 7,Multi-Family Residential District Regulations", is hereby referred to, adopted and made part hereof as if fully set out in this ordinance, any provisions thereof to become effective thirty days after the adoption of this ordinance by the Town Council. SECTION 2. All ordinances and part of ordinances in conflict with provisions of this ordinance or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference are hereby repealed on the effective date of this ordinance. SECTION 3. Repeal of all ordinances and parts of ordinances in conflict with the provisions set forth herein or any part of the amendments to the Oro Valley Zoning Code Revised adopted herein by reference does not affect rights and duties that have matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. If any section, subsection, sentence, clause,phrase or portion of the ordinance or any part of the code adopted herein by reference 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 4TH day of NOVEMBER , 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier,Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney (3) Payment of the tax herein imposed to a landlord by a tenant shall be deemed payment of the tax for the tenant for the purposes of allowing a protest to be initiated under Sections 8A-570 through 8A-575 . (4) The filing of a protest petition by a tenant shall not relieve the landlord of his obligation to report and remit the protested tax, or any subsequent periodic payments of tax governed by the initial protest. (h) Refunds . Any refunds of taxes authorized by this Chapter shall be made to the tenant. Any refunds of interest and civil penalties authorized by this Chapter shall be made to the person liable for such, as provided in subsection (f) above. Sec. 8A-444 . Hotels. The tax rate shall be at an amount equal to two percent (n) of the gross income from the business activity upon every person engaging or continuing in the business of operating a hotel charging for lodging and/or lodging space furnished to any: (a) Person. (b) (Reserved) Sec. 8A-445 . Rental, leasing,_ and licensing for use of real property. (a) The tax rate shall be at an amount equal to two percent (2U of the gross income from the business activity upon every person engaging or continuing in the business of leasing, or renting real property located within the Town for a consideration, to the tenant in actual possession, or the licensing for use of real property located within the Town for a consideration including any improvements, rights , or interest in such property; provided further that: (1) Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs, or improvements are considered to be part of the taxable gross income. (2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are considered to be part of the taxable gross income. (3) However, if the lessor engages in telecommunication activity, as evidenced by installing individual metering equipment and by billing each tenant based upon actual usage, such activity is taxable under Section 8A-470 . (b) If individual utility meters have been installed for each tenant and the lessor separately charges each single tenant for the exact billing from the utility company, such charges are exempt. 35 (c) Charges by primary health care facilities to patients of such facilities for use of rooms or other real property; during the course of their treatment by such facilities are exempt . (d) Charges for joint pole usage by a person engaged in the business of providing or furnishing utility or telecommunication services to another person engaged in the business of providing or furnishing utility or telecommunication services are exempt from the tax imposed by this Section. (e) Exempt from the tax imposed by this Section is gross income derived from the rental , leasing, or licensing for use of real property to any non-profit primary health care facility, except when the property so rented, leased, or licensed is for use in activities resulting in gross income from unrelated business income as that term is defined in 26 U.S .C. Section 512 . (f) A person who has less than three (3 ) apartments , houses] trailer spaces , or other lodging spaces rented, leased or licensed or available for rent, lease , or license within the State and no units of commercial property for rent, t=657.77751-7-777 —Within the State, is not deemed to be in e re - MI6 •- .4111Mce-E:1+-r- -. e exemn t from t e tax imposed by this section on such income . However, a person wno has one (1) or more units of commercial property is subject to the tax imposed by this section on rental, lease and license income from all such lodging spaces and commercial units of real estate even though said person may have fewer than three (3 ) lodging spaces . (g) (Reserved) (h) Except as may be provided in another section of this chapter, the tax prescribed by this section shall not include gross income from the rental , leasing or licensing of lodging or lodging space to an individual who resides therein. (i) (Reserved) (j ) Exempt from the tax imposed by this Section is gross income derived from the activities taxable under Section 8A-444 of this code. (k) (Reserved) (1) (Reserved) (m) Notwithstanding the other provisions of this section, the tax imposed by this section does nct apply to the rental , leasing or licensing for use of commercial property. 36 TOWN OF ORO VALLEY 4 COUNCIL COMMUNICATION MEETING DATE: November 4th, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David Marsh, Planner I SUBJECT: ORDINANCE NO. (0)98-47 AMENDING THE ROONEY RANCH PLANNED AREA DEVELOPMENT,AREA B, ADDITIONAL GASOLINE STATION CONVENIENCE USES OUTDOOR SALES, 33' MAXIMUM BUILDING HEIGHT, 30' REAR SETBACK, REDUCED PARKING REQUIREMENTS, INCREASED LANDSCAPING, ADOPTION OF SIGN PACKAGE CONSISTENT WITH THE ORO VALLEY RETAIL CENTER BACKGROUND: The Rooney Ranch Planned Area Development was adopted by the Mayor and Council in 1989. The project encompasses approximately 150 acres, and its "hub" is at the intersection of North First Avenue and Oracle Road. The Town's General Plan projects that the First Avenue/Oracle Road intersection will become Oro Valley's future "downtown" and Staff has received numerous inquiries from people interested in establishing themselves and their businesses at this prominent intersection. The adopted PAD provides for a mix of uses, including fairly intense commercial development at the intersection of North First Avenue and Oracle Road, and transitioning to neighborhood commercial, office and residential uses of varying densities along the north side of the Canada del Oro Wash. This wash provides a wide, natural buffer between the two types of development. Area B is located on the northwest corner of Oracle Road and N. First Avenue. Additional background information regarding Rooney Ranch and the details of this specific PAD amendment proposal are included in the Staff report to the Planning & Zoning Commission, attached herewith. SUMMARY: The applicant's request for PAD amendments related to Area B of the Rooney Ranch PAD involves seven areas. It is requested that: 1. An additional gasoline station convenience use be permitted. 2. Outdoor sales be added as a permitted use. 3. Increase the maximim permitted building height from 30' to 33'. 4. Reduce the rear setback from a 2:1 height ratio to 30' along the portion of the property adjacent to the C.D.O. Wash. 5. Decrease parking requirements from 1 space per 200 SF to 1 space per 300 SF. 6. Increase the landscaped area from 15% to 20% of the site, and placement of 10' of landscaping within the Oracle Road right-of-way. 7. Request approval to adopt a sign package consistent with the Oro Valley Retail Center(aka Target Center). TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 PLANNING & ZONING COMMISSION ACTION: The Planning and Zoning Commission held a duly-noticed public hearing on these PAD amendment requests on October 6th, 1998. The motion for recommendation was as follows: 1. Approval of an additional gasoline station convenience use, with the condition that the construction of the gasoline sales station be delayed until such time that a study of traffic flow for the First Avenue/Oracle Road intersection is complete, and Staff is in a position to recommend to Council that the placement of a gas facility will not cause an unusual increase in the amount of traffic at the First Avenue/Oracle Road intersection. 2. Approval of an increase in maximum building height from 30' to 33', excluding significant vertical architectural features, such as clock towers, etc, with the condition that buildings within 100' of Oracle Road be limited to a maximum 25' height. 3. Approval of a decrease in setback from the rear property line, facing the CDO wash, from a 2:1 height ratio to 30'. The Planning And Zoning Commission placed a condition that a 6' high wall be constructed the full length of the rear property next to the wash, with landscaping provided on the wash side of the wall. 4. Approval of a decrease in parking requirements from 1 space per 200 square feet of commercial floor area, to 1 space per 300 square feet. 5. Approval of outdoor sales as a permitted use, with the condition that outdoor sales shall not include any construction materials or construction equipment, and that those items placed in outdoor sales be of a seasonal nature; and the applicant shall work with Staff and the DRB to determine the type of screening that will be provided for the outdoor sales. In addition, Staff shall work with the applicant to formulate development criteria to permit outdoor sales, and establish means of regulation and review. 6. Denial of increased landscaping from 15% to 20% of the site, and placement of 10' of landscaping within the Oracle Road right-of-way (ROW). 7. Continuance of the sign package in order to obtain feedback from the DRB. DEVELOPMENT REVIEW BOARD ACTION At their October 27th, 1998 meeting, the DRB reviewed a proposal to screen and architecturally integrate the proposed outdoor sales area with the building. The DRB voted 3 to 3 on a recommendation for approval of the use of an arcade and other elements to screen outdoor sales. The members of the Board opposed to the recommendation for approval stated that they were voting against it on the principle that outdoor sales should not be permitted. A copy of the motion and minutes of the DRB meeting will be provided at the Town Council meeting on this item. TOWN OF ORO VALLEY 2OUNCIL COMMUNICATION Page 3 of 4 GENERAL PLAN COMPLIANCE: Staff has evaluated the request for amendment to the Rooney Ranch PAD proposed revisions for Area B against the General Plan Land Use Plan and Policies and finds that the proposal conforms to the General Plan policies. RECOMMENDATION: Staff supports the P&Z Commission's recommendations, and recommends approval of the PAD amendment for Area B as it relates to increased building height, reduced rear setback, and reduced parking requirements, subject to the conditions attached as Exhibit A. Further, Staff supports the P&Z Commission's recommendation that outdoor sales be permitted; however, due to concerns over clutter and potential negative impacts of outdoor sales, Staff has formulated with the applicant a set Development Critertia for Outdoor Sales, attached herewith, which will mitigate visual impacts and allow review and regulation of outdoor sales privileges. Staff supports the Planning & Zoning Commission's recommendation of approval for the additional gasoline station convenience use; however, Staff had initial concerns for the potential for five gasoline stations on the west side of Oracle Road within the Rooney Ranch PAD. Staff recommends denial for the portion of the PAD Amendment for Area B as it relates to increased landscaping. The sign package has been continued by the Planning & Zoning Commission, and will be reviewed by Town Council at a later date. SUGGESTED MOTION: I move to approve Ordinance No. (0)98-47 ,OV9-98-6, amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, reduced parking requirements, outdoor sales, and an additional convenience use for gasoline sales, and recommend denial as it relates to increased landscaping, with those conditions listed in Exhibit "A" attached herewith. OR I move to approve Ordinance No. (0)98- 47,OV9-98-6, amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, reduced parking requirements, outdoor sales, and an additional convenience use for gasoline sales, and recommend denial as it relates to increased landscaping, with those conditions listed in Exhibit "A" attached herewith.and the following added conditions: OR I move to deny Ordinance No. (0)98- 47,OV9-98-6, amendments to the Rooney Ranch PAD Area B, finding that: OR I move to continue Ordinance No. (0)98- 47 ,OV9-98-6, amendments to the Rooney Ranch PAD Area B, until such time as the issues outlined in Exhibit"A" attached herewith are resolved. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 ATTACHMENTS: 1. Ordinance No. (0)98-47 2. Exhibid"A"—Planning Staff Conditions 3. Proposed PAD Amendment 4. Development Criteria—Outdoor Sales & Appendix A 5. Planning Staff Report to Planning &Zoning Commission 6. Minutes of October 6th, 1998 P&Z Commission meeting 7. Minutes of October 27th, 1998 DRB meeting(to be presented at Town Cou • meeting) F:\OV\OV9\1998\9-98-6\PADTC.RPT Planning nd Zoning Administrator Community Devel • ent Director / , i /5 Town Manage ORDINANCE NO. 98-47 AN ORDINANCE AMENDING THE ROONEY RANCH PLANNED AREA DEVELOPMENT DOCUMENT FOR AREA B, PROVIDING AN ADDITIONAL GASOLINE STATION CONVENIENCE USE, OUTDOOR SALES, 33' MAXIMUM BUILDING HEIGHT, 30' REAR SETBACK, AND REDUCED PARKING REQUIREMENTS, AS REQUESTED BY OV9-98-6, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Barclay Group, the overall developers of the Rooney Ranch Planned Area Development, have requested an amendment to the Rooney Ranch Area Development Document as it pertains to Area B, relating to an additional gasoline station convenience use, outdoor sales, 33' maximum building height, 30' rear setback, and reduced parking requirements; and WHEREAS, an application to amend said Planned Area Development has been filed with the Town by Barclay Group; and WHEREAS, Article 10-3 of the Oro Valley Zoning Code Revised provides for the establishment of, and amendments to, a Planned Area Development District; and WHEREAS, the Planning and Zoning Commission has considered said application for amendment to the Planned Area Development, as it pertains to Area B, at a duly noticed Public Hearing, in accordance with State Statutes, and has made its recommendations to the Town Council; and WHEREAS, the Oro Valley Town Council has considered the requested Planned Area Development amendment at a Public Hearing and finds that it to be consistent with the Town's General Plan and Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY: SECTION 1. The Planned Area Development Document may be amended for Area B as it pertains to an addition of a gasoline station convenience use, subject to condition no. 6 of the attached Exhibit"A". SECTION 2. The Planned Area Development Document may be amended for Area B as it pertains to an increase in maximum building height to 33', subject to condition no. 3 of the attached Exhibit"A". SECTION 3. The Planned Area Development Document may be amended for Area B as it pertains to a decrease in rear setback to 30', subject to condition no. 4 of the attached Exhibit SECTION 4. The Planned Area Development Document may be amended for Area B as it pertains to the reduction of parking requirement to 1 space per 200 square feet of commercial floor area. SECTION 5. The Planned Area Development Document may be amended for Area B as it pertains to outdoor sales as a permitted use, subject to condition no. 5 of the attached Exhibit"A". SECTION 6. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict; SECTION 7. That this ordinance and the various parts thereof are hereby declared to be severable. If any section, sub-section, sentence, clause, word or phrase of this ordinance is, for any reason, held to be unconstitutional, such holdings shall not affect the validity of the remaining portion of this ordinance. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona this 4th day of November, 1998. Paul H. Loomis, Mayor ATTEST: Kathryn Cuvelier, Town Clerk APPROVED AS TO FORM: Tobin Sidles, Town Attorney F:\OV\OV9\1 998\9-98-6\ORDTC.rpt EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV9-98-6 ROONEY RANCH AREA B PAD AMENDMENT 1. Development Criteria D, Minimum Landscape Requirements, shall be amended back to 15 %, and the "Ten feet of required landscaping may be in the public right-of-way" statement shall be struck. 2. From Development Criteria H. A , remove the phrase "Access to Oracle Road and to First Avenue shall be limited to ingress/egress points established by the Traffic Impact Analysis" as it is redundant and restates the previous sentence. 3. Development Criteria B, Building Heights, shall be amended to read "Maximum 25 feet for all buildings within 100 feet of Oracle Road. All of others 33 feet to top of parapet. Campaniles and clock towers and other significant vertical architectural statements of the mission vernacular are exempt." 4. As a condition of approval for a reduced rear setback of 30', place the following phrase under Development Criteria D, Minimum Landscape Requirements: " A minimum 10' Buffer Yard A shall be located along the rear property line. A 6' high wall shall be constructed the full length of the rear property next to the wash, with landscaping provided on the wash side of the wall." 5. Development Criteria—Outdoor Sales, and Appendix A: Permitted Outdoor Sales Items—Area B, Rooney Ranch PAD, attached herewith, shall be included as part of this PAD Amendment. 6 . The construction of the gasoline sales station shall be delayed until such time that a study of traffic flow for the First Avenue/Oracle Road intersection is complete, and Staff is in a position to recommend to Council that the placement of a gas facility will not cause an unusual increase in the amount of traffic at the First Avenue/Oracle Road intersection. Area B Area B is one of the two main Town Commercial Centers. The more intense commercial activities front—-Oracle Road and North First Avenue near the intersection. The of land use mix includes retail (INCLUDING OUTDOOR SALES), financial institutions, -• • -- . - - - - AND CONVENIENCE USES. The area contains 19.83 acres. : : Z Z : __ _. � _��• _ _ et it - - •v- - - mss- _ 1. NO MORE THAN TWO (2) CONVENIENCE USES, AS DEFINED IN THE ORO VALLEY CONVENIENCE USE ORDINANCE, SHALL BE ALLOWED. 2. if aoees-s be-:.. - - ••. - : - t-=- - - - aa ion of Area 0 from Oracfe Road through the—L. - - - a: �- - , t-. i- - - - - - - - - - -- ;: - - - - is i ! .. Area - "- - - - - -•- - - - - - - - - - - 19.8 acres • i --" • '- -":entiai, Retail/Financial Offices, Retail Center and Retail/Convenience Use (INCLUDING OUTDOOR SALES). Primary Uses Ho - - - •' " c' - - - „ - - - - • - • : -" " , Restaurants, Restaurants with Lounges, Financial Institutions, -- _ —r .-- •- - . -- = ' -i=" • - :, Retail Center (C-2)(INCLUDING OUTDOOR SALES), Retail/Convenience Use Gasoline Sales. Alternate Uses Retail(INCLUDING OUTDOOR SALES),business and professional offices. Uses shall be restricted to general offices or restaurant and other permitted uses as determined from those provided in the C-1 District of the Oro Valley Zoning Code Revised and Multifamily. Development Criteria A. Setbacks - ". •" - •" a•- : - - - ;: a •- - - :• ,;-- Z - •::.- roadways to create - - - - - - - - a - a _ - - ma; - - : - - - % -. • . -_ .- -. •:.. • � ; • •i- - - - � - ' - - •. - •• • ; • •• •• • • ie 1. FROM ORACLE ROAD - 2:1 RATIO WITH BUILDING HEIGHT, 60' MINIMUM. 2. FROM NORTH FIRST AVENUE - 2:1 RATIO WITH BUILDING HEIGHT, 60' MINIMUM. 3. FROM CDO/RIVERPARK - 30' MINIMUM. B. Building Heights - : - : - • -- : ; a•- - -- - - a , : a -a_ - -- - : i • 3 - C-2 uses: otherwise 25 feet maximum. . 33 FEET TO TOP OF PARAPET. ARCHITECTURAL ELEMENTS (I.E., BELL TOWERS, ETC.) ARE EXEMPT. C. Maximum Density - Floor Area Ratio of .40. Revised 5/3/97, 8/28/98 & 9/21/98 CC-3 D. Minimum Landsc, Requirements - +5 20 percent (suL, to "I" of the Landscape Policy). No bufferyards will be required between like uses. TEN FEET OF REQUIRED LANDSCAPING MAY BE IN THE PUBLIC RIGHT-OF-WAY. E. Parking Requirements - ONE SPACE PER 300 S.F.; HANDICAPPED SPACES per Chapter 11 of the Oro Valley Zoning Code Revised 1 - i= ,-. = t= - - - - •birratio-rt ce F. Auto service bays shall not face Oracle Road. G. A detailed Traffic Impact Analysis, u - - - - --•- - - - - -. • r:: a' - a. - - ^ -- -' - - - 1, A*.', shall be submitted with the final development plan for this project. That Traffic Impact Analysis must be approved by the Town Engineer and the Arizona Department of Transportation prior to development plan approval. H. Oracle Road Scenic Corridor Protection This clause, along with other performance standards of the PAD, establishes Oracle Road Scenic Corridor protection mechanisms that seek to provide preservation of scenic views along this roadway and replace ORSCOD requirements. Due to the unique character of this property, the scenic qualities shall be protected in the following manner: A. Access to Oracle Road. Direct access to Oracle Road shall be limited to those connections established on the Comprehensive Plan Map of this document except as they may be amended by the Traffic Impact Analysis (see Paragraph G, Page CC-4). ACCESS TO ORACLE ROAD AND TO FIRST AVENUE SHALL BE LIMITED TO INGRESS/EGRESS POINTS ESTABLISHED BY THE TRAFFIC IMPACT ANALYSIS. B. Landscaping Treatments. Approved landscaping is to be installed and maintained prior to the issuance of a certificate of occupancy, subject to the following: 1. A minimum 25-foot front landscape buffer is required. 2. Free-standing building pads require approved landscape plans consistent with area maintained as natural. 3. All areas other than those covered by buildings or paving for required parking, shall be landscaped or maintained as natural. 4. Landscaping islands in accordance with the Town's off-street parking ordinance shall be provided in all parking areas visible from Oracle Road. 5. Thick vegetation, massed near the edges of paved surfaces, is required to screen all parking and maintenance areas that would otherwise be visible from the Oracle Road right-of-way. Revised 5/3/97, 8/28/98 % 9/24/98 CC-4 hoK GO'39tid -14101 ** j 0 r c .c �. pCp� X Obo G N ,U 15 15 Vr � vQ00 vCca. ` . - 5 i.0 ....., g - i Z E 2 . E--,- O.. ��.. G. a.. U`/ G•t%! 3 g C. Z 0 Z A ;.:2 r TA U r v r 75 .- Z. �V O ,G G fl C O C h. v • yy V yy V O O ei v U O m . C v1 r.»hVV OuOVVI u ,O C 7 >rn Z 0 o n , —03 a 4„ >, ,„- " —. o 42 0 E o 2 I37) Z �j =o 00 ?. O G c .nG t� N E c 'C]. U 2 ra.-1 G_ sX. can "Cgii. u u u 'C v �. Q L OC z ' ..b O G .� G - N y - g eg >,2-. E a c 2 = E tc, a .i ; ,... . tv. ..... 0.- 0 .i.".!•... (14 E-- O • �. O •6 .-.... ? = z 6 gg 3 .Q G - d 3 Q G A V -aV A T // v c... u c... v 1.. •C y [ . 1� = N N. .-. Gc I •— u 0 ••— U o < < 7 r, z '.S 1 1 0 9 ° x z C ..., ^ V c.-4 ‘,.. V :4 1. 'r -, `~ y la' ` Q ed O '...;:o L4 6. _ y .. . — . � . f, -..-6 ui"V ->_, 2 g .O >, o.. v' �" w x •- > ' a,4 co c UVJH1 1 = .• 0 .N.r .....- cis—. 0 . .. c C u z -' h u L h 3 u N 5 c.. ., c) $4,• ad 1:3 ,-. -1:1 ).., .6 C C sk7 C Co G.� u G"' ca O •`� •c g V O L•CS E OC 1 . - v► a7 3%i "Q:'tt 'Co u al GLC C Ls.O - C = g ' c C u C C _ u._ as N u 0Z --• �13 V 0 G. g Q ti.. d S . U y CH > r+C `� .y u ,�_ c c� C 0 El -�o c � c - y E 24 F c. 2 r DRAFT Development Criteria Outdoor Sales—permitted with the following conditions: 1. Outdoor sales shall only occur in those areas so indicated on the development plan for Area B. 2. The outdoor sales area shall be clearly delineated by architectural features,and shall be screened by significant architectural elements such as arcading, columns etc. A minimum 6' wide sidewalk area shall remain clear for pedestrian circulation. 3. No items in the outdoor sales area shall exceed six feet. Plants, shrubs,trees, landscape display presentations, and items with significant vertical elements, such as patio furniture umbrellas, shall be exempt. 4. No outdoor sales items shall be left out overnight. Plants, shrubs,trees, and landscape display presentations are exempt from this requirement. 5. One large movable planter, containing a tree (6' minimum height) or shrub (4' minimum height), shall be required per every 20 linear feet of outdoor sales area to provide additional landscaping and screening elements. The placement of the planters shall not interfere with the operations of the loading zone,nor shall the planters occupy the minimum 6' wide sidewalk area reserved for pedestrian circulation. 6. Products or product displays shall not be mounted on exterior structural walls. 7. Outdoor storage of items is prohibited. Delivery items shall be placed within the store by the end of the business day. 8. Seasonal outdoor sales events, such as Christmas tree sales, outside of the designated outdoor sales area shall be subject to a Special Use Permit under the OVZCR. 9. Permitted Outdoor Sales Items—Permitted items for outdoor sales are listed in Appendix A. Items allowed for sale are to be restricted to items of a seasonal nature, and are not to include construction materials or construction equipment. Items may be added to Appendix A upon administrative review and approval of the Planning and Zoning Administrator of the Town of Oro Valley. 10. Outdoor sales signage shall not include fluorescent or iridescent colors, and shall be limited to four square feet in size per display. DRAFT 11. Review and Regulation of Outdoor Sales—Outdoor sales shall be subject to the review and regulation of the Planning and Zoning Administrator of the Town of Oro Valley. A violation of the above outdoor sales criteria shall result in a written violation notification addressed to the store manager. Upon a violation of the outdoor sales criteria,the offending party will be given a written notice of violation, and a copy of the notice shall be posted on the offending item(s). If the violation is not corrected within 72 hours,the offending party shall be issued a citation, and a copy of the citation shall be posted on the offending item(s). Upon five citations within a one year period the Planning and Zoning Administrator shall review the outdoor sales privileges of the offending party, and the party will be notified in writing of the review. The Planning and Zoning Administrator may suspend or revoke the outdoor sales privileges of any or all items of the offending party. The Planning and Zoning Administrator will notify the party in writing of his or her decision within two weeks of the notice of review of outdoor sales privileges. The decision of the Planning and Zoning Administrator may be appealed to the Board of Adjustment. DRAFT Appendix A: Permitted Outdoor Sales Items—Area B, Rooney Ranch PAD 1. Plants, shrubs, and trees 2. Outdoor patio furniture 3. Picnic tables 4. Gardening tools 5. Power tools 6. Consumer electrical appliances,not to include heavy equipment. 7. Lawn and gardening equipment 8. Paving stones, and other hard landscaping materials, as incorporated into a landscape display presentation. 9. Gas ranges, BBQ's, etc. 10. Seasonal items 11. Rugs 12. Other analogous items. ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: October 6th, 1998 TO: PLANNING AND ZONING COMMISSION FROM: David Marsh, Planner I SUBJECT: OV9-98-6, REQUEST TO AMEND ROONEY RANCH PLANNED AREA DEVELOPMENT,AREA B (aka Albertson's-Home Depot Center)REVISED REVISED STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to Area B of the Rooney Ranch PAD as it relates to increased building height,reduced rear setback, and reduced parking requirements,with those conditions listed Exhibit"A" attached herewith. Staff recommends denial of the proposed amendments as it relates to outdoor sales,an additional convenience use for gasoline sales,and landscaping in the right-of-way. Staff recommends continuance of the proposed amendments as it relates to the sign package to allow the Commission to consider the comments of the DRB at the October 13th preview presentation. REVISED SUGGESTED MOTIONS: The Planning and Zoning Commission may wish to consider one of the following motions: I move to recommend approval to Council of OV9-98-6,amendments to the Rooney Ranch PAD Area B,as it relates to, increased building height, reduced rear setback, and reduced parking requirements, recommend continuance as it relates to the sign package,and recommend denial as it relates to outdoor sales, an additional convenience use for gasoline sales, and increased landscaping, with those conditions listed in Exhibit "A" attached herewith. OR I move to recommend approval to Council of OV9-98-6,amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, and reduced parking requirements, recommend continuance as it relates to the sign package,and recommend denial as it relates to outdoor sales, an additional convenience use for gasoline sales, and increased landscaping, with those conditions listed in Exhibit "A" attached herewith,and the following added conditions: OR I move to recommend denial to Council of OV9-98-6,amendments to the Rooney Ranch PAD Area B,finding that: OR I move to continue OV9-98-6, amendments to the Rooney Ranch PAD Area B, until such time as the issues outlined in Exhibit"A"attached herewith are resolved. 1 ORO VALLEY PLANNING & ZONING DEPARTMENT PLANNING AND ZONING COMMISSION REPORT MEETING DATE: October 6th, 1998 TO: PLANNING AND ZONING COMMISSION FROM: David Marsh, Planner I SUBJECT: 0V9-98-6, REQUEST TO AMEND ROONEY RANCH PLANNED AREA DEVELOPMENT,AREA B (aka The Albertson's -Home Depot Center) 1. ADDITION OF A GASOLINE STATION CONVENIENCE USE 2. OUTDOOR SALES AS A PERMITTED USE 3. INCREASE IN BUILDING HEIGHT FROM 30' TO 33' 4. REDUCE REAR SETBACK TO 30'ALONG THE C.D.O. WASH 5. DECREASE PARKING REQUIREMENTS TO 1 SPACE PER 300 SF 6. INCREASE LANDSCAPING FROM 15% TO 20% OF THE SITE, AND PLACE 10' WITHIN THE ORACLE ROAD RIGHT-OF-WAY 7. ADOPT A SIGN PACKAGE CONSISTENT WITH THE ORO VALLEY RETAIL CENTER(AKA THE TARGET CENTER) OWNERSHIP: Barclay Holdings#11 Limited Liability Company 8145 N. 86th Place Scottsdale,AZ 85258 AGENT: Charlie Hulsey WLB Group 4444 E. Broadway Tucson,AZ 85711 1 PETITIONER'S PROPOSED USE AND STATED REASON: The property owner requests Town approval to amend the adopted Planned Area Development document for Rooney Ranch Area B. The applicant contends that the proposed PAD Amendment for Area B will allow the property to be more marketable, and meet the development criteria demands of two perspective clients,namely a Home Depot store and an Albertson's store proposed for the site. The applicant's amendment proposal involves seven separate issues,which are as follows: 1. The applicant proposes to adopt a sign package which is consistent with the one approved for the Oro Valley Retail Center(aka the Target Center)in Parcel D of the Rooney Ranch PAD. 2. The applicant proposes that an additional convenience use be permitted in order to develop a gasoline station in conjunction with the proposed Albertson's store. 3. The PAD amendment proposal includes the addition of outdoor sales as a permitted use to allow outdoor sales at a proposed Home Depot store. 4. The applicant requests an increase in height for commercial buildings from 30' to 33'. 5. The PAD amendment proposal includes the reduction in rear building setback along the C.D.O. wash from a 2:1 building height ratio(ie 30' high building must be setback 60')to a 30' setback from the rear property line. 6. The applicant proposes to reduce the parking requirements for the development from 1 parking space per 200 square feet of commercial space,to 1 parking space per 300 square feet. 7. An increase in landscaped area from 15% to 20% of the project site is proposed by the applicant. It is also proposed that the first ten feet of the landscaped area along Oracle Road be placed in the right-of- way(ROW). BACKGROUND: The Rooney Ranch Planned Area Development was adopted by the Mayor and Council in 1989. The project encompasses approximately 150 acres, and its "hub" is at the intersection of North First Avenue and Oracle Road (see attached location map). The Town's General Plan projects that the First Avenue/Oracle Road intersection will become Oro Valley's future "downtown" and Staff has received numerous inquiries from people interested in establishing themselves and their businesses at this prominent intersection. The adopted PAD provides for a mix of uses, including fairly intense commercial development at the intersection of North First Avenue and Oracle Road, and transitioning to neighborhood commercial, office and residential uses of varying densities along the north side of the Canada del Oro Wash. This wash provides a wide,natural buffer between the two types of development. SURROUNDING LAND USES/GENERAL CHARACTER: North -Vacant Rooney Ranch PAD Area A—neighborhood commercial,and multi-family residential East -La Reserve Vacant Land,Desert Point retirement center,and UMC at La Reserve South -Vacant R1-144 property West - Canada del Oro Wash, and Rooney Ranch PAD Area D; Fry's, commercial pads, and Target under construction 2 PREVIOUS REZONING CASES ON PROPERTY: Through a process which began in 1988, the Rooney family successfully rezoned 150 acres of its Oro Valley holdings from R1-144 to a Planned Area Development, which includes commercial, office, multi- and single-family residential and miscellaneous other uses. The rezoning was approved, and the PAD put into place, in February of 1989. In June, 1997, Town Council approved a PAD Amendment that retained permitted uses but removed the specific sub-areas within the PAD, thus allowing developers more flexibility to meet market demands. PREVIOUS REZONING CASES IN GENERAL AREA: Steam Pump Ranch, a 43 acre site abutting Oracle Road to the east of the Rooney parcel, was rezoned to a PAD with permitted uses similar to the Rooney PAD, in 1996. While under Pima County jurisdiction, an 86 acre parcel of land,now known as Palisades Point,was rezoned for 66 single family residences on lots of two-thirds of an acre,or greater. This project lies to the north and east of subject property. NOTIFICATION: In compliance with State Statutes and the OVZCR, notices have been mailed to all property owners within 600 feet of the Rooney Ranch PAD boundary. To date, Staff has received two calls from the public requesting clarification, and were neither for or against the proposal. Staff has also received a phone call and letter from Tosco Marketing Company, the owners of the former Sub-Area 6 in Area B, expressing concern over the proposed PAD Amendment and opposition to allowing an additional gasoline sales convenience use(see attached letter) GENERAL PLAN CONFORMANCE: Staff has evaluated the request for amendment to the Rooney Ranch PAD proposed revisions for Area B against the General Plan Land Use Plan and Policies and finds, overall, that the proposal conforms to the General Plan policies,with specific exceptions noted below and in Planning Considerations. Land Use- Specifically,the PAD amendment conforms with the projected uses for First Ave./Oracle Road on the Land Use Map. The Land Use Element recommends Community Commercial uses for Area B, as it is located at the intersection of two principal arterials. The principle proposed uses for Area B fall within this category,and are in conformance with the General Plan. Economic Development- The Town's economic development, as discussed in the General Plan policies, is of vital importance to the future of the Town. The proposed amendments to the Rooney Ranch PAD provides the permitted commercial uses within Area B with some flexibility in the siting and physical design of new commercial structures. In addition, the sign package proposed will allow for a high level of visibility, while also respecting the sign code and conforming with the signage for Area D (aka the Target Center). These provisions will increase the development potential of the land, potentially resulting in an influx of businesses, new sources of tax revenue and increased employment opportunities. The attraction of new businesses to the Town of Oro Valley will improve the economic health of the Town by "ensuring long-term financial and economic sustainability". Community Design —The Community Design Element of the General Plan states that one should "ensure that the built environment is aesthetically pleasing" and to consider that"all sides of buildings may impact their surroundings and should be coherently designed and treated". While the PAD Amendment proposed does conform with the Community Design aspect of General Plan, Staff is concerned about the outdoor 3 sales component of the permitted uses, particularly concerning the proposed Home Depot development. Research by Staff has shown that the outdoor sales areas of stores such as Home Depot are often far from aesthetically pleasing, consisting of tall stacks of brick, drywall, and bags of cement, and frequently used more as outdoor storage than sales. While the applicant has stated in meetings with Staff that they are willing to work with the Town to resolve the concerns over outdoor sales for the Home Depot project, Staff has serious reservations over granting this privilege, owing to the experience of other jurisdictions attempting to regulate outdoor sales. PLANNING CONSIDERATIONS: Planning Staff has reviewed the proposed PAD Amendment,and the planning considerations are as follows: Proposed Sign Package: The applicant has proposed a sign package for Area B that is meant to be in conformance with the package approved for the Oro Valley Retail Center(aka the Target Center) in Parcel D of the Rooney Ranch PAD. Such a sign package would present an unifying element between the two centers,and reduce visual clutter. Staff has no objection with the proposed sign package, and supports the applicant's proposal. Several minor revisions have been placed as conditions for approval in order to bring the proposed sign package in conformance(see Condition#9). Proposed Additional Convenience Use for a Gasoline Station The applicant proposes that an additional convenience use be permitted in order to develop a gasoline station in conjunction with the proposed Albertson's store. The applicant has stated that the gasoline service station is a standard feature of new Albertson's stores, and wishes for the convenience use to be added to meet the development needs of their client. While the additional convenience use is in conformance with the General Plan's Community Commercial designation for the site, Staff has concerns about the potential for an over proliferation of gas stations along the west side of Oracle Road. With the proposed amendment, there will be the potential for possibly five gas stations along the west side of Oracle Road for the half-mile stretch between Pusch View Lane and the north end of Area B.It is important to note that this does not include the development potential for gasoline stations on the east side of Oracle Road. Moreover, Area B already has development rights for one gas station in the former Sub-Area 6 (also known as the Lieber or Unocal property). The owners of the former Sub-Area 6,the Tosco Marketing Company,have indicated that they are going to develop the property as a gasoline station once the Albertson's-Home Depot Center has been constructed(see attached letter). Outdoor Sales as a Permitted Use The applicant requests for the addition of outdoor sales as a permitted use to allow outdoor sales at a proposed Home Depot store. Staff can not support the applicant's request to permit outdoor sales for a proposed Home Depot store. While Staff may be agreeable to permitting the outdoor display and sale of plants, limited to specific areas adjacent to the garden center, Staff has serious concerns over the aesthetic impacts of outdoor sales areas in stores such as Home Depot. Research by Staff has shown that these areas are more often outdoor storage than sales,and discussions with the Planning Department of Thousand Oaks, California, over their efforts to regulate outdoor sales have shown that it is a highly contested and problematic approach. Moreover, the 4 thrice-yearly outdoor sales outlined in the attached letter from Lewis&Roca can be accommodated through a special event permit under the OVZCR,and thus does not require a PAD amendment for this purpose. Increase in Building Height The PAD Amendment proposes an increase in height for commercial buildings from 30' to 33'. This would allow for increased overhead space in the main commercial stores, while allowing for proper screening of roof-mounted mechanical equipment through the use of parapets. Staff supports the applicant's request on the condition that all commercial buildings located within 100' of Oracle Road be limited to a maximum 25' in height, which will be in conformance with the development criteria of the Oro Valley Retail Center. In addition, Staff requests that the height exemption for significant vertical architectural elements be amended to reflect the original wording of the PAD document (see Condition#4). Reduced Rear Setbacks The PAD amendment proposal includes the reduction in rear building setback along the CDO wash from a 2:1 building height ratio(ie 30' high building must be setback 60')to a 30' rear setback. Staff supports the request, with the condition that a 10' rear Buffer Yard A be provided along the rear property line, which is identical to the condition placed on the Oro Valley Retail Center (see Condition #10). A reduced setback of 30' will still provide a minimum distance of 100' from the top of the outside bank along the CDO wash,and a minimum 50' from the top of the outside bank along the Foothills wash. Reduction in Parking Requirements The applicant proposes to reduce the parking requirements for the development from 1 parking space per 200 square feet of commercial space, to 1 parking space per 300 square feet. This will allow the provision of a proper amount of parking for clientele, while not needlessly placing underutilized parking spaces behind the buildings in order to meet code. Staff supports this amendment proposal. Increase in Landscaped Area An increase in landscaped area from 15% to 20% of the project site is proposed by the applicant. It is also proposed that the first ten feet of the landscaped area along Oracle Road be placed in the right-of-way. The placement of landscaped area within the right-of-way would allow the applicant to meet the landscape requirements of the code, while placing more parking spaces in front of the stores and closer to Oracle Road. Staff does not support this request, as the proposed increase in landscaping relates only to an increase in area, not in actual vegetation or landscape treatment. By placing ten feet of the landscaped area within the Oracle Road right-of-way,there is an actual reduction in landscaping,as the vegetation density permitted in the right-of-way by ADOT is much less than those required in buffer yards under the OVZCR. The applicant has agreed to remove this request,and Staff concurs(see Condition#1). STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to Area B of the Rooney Ranch PAD as it relates to the sign package, increased building height, reduced rear setback, and reduced parking requirements, with those conditions listed Exhibit "A" attached herewith. Staff recommends denial of the proposed 5 amendments as it relates to outdoor sales, an additional convenience use for gasoline sales, and landscaping in the right-of-way. SUGGESTED MOTIONS: The Planning and Zoning Commission may wish to consider one of the following motions: I move to recommend approval to Council of OV9-98-6,amendments to the Rooney Ranch PAD Area B,as it relates to the sign package, increased building height, reduced rear setback, and reduced parking requirements, and recommend denial as it relates to outdoor sales, an additional convenience use for gasoline sales,and increased landscaping,with those conditions listed in Exhibit"A" attached herewith. OR I move to recommend approval to Council of OV9-98-6,amendments to the Rooney Ranch PAD Area B,as it relates to the sign package, increased building height, reduced rear setback, and reduced parking requirements, and recommend denial as it relates to outdoor sales, an additional convenience use for gasoline sales,and increased landscaping,with those conditions listed in Exhibit"A" attached herewith,and the following added conditions: OR I move to recommend denial to Council of OV9-98-6, amendments to the Rooney Ranch PAD Area B, finding that: OR I move to continue OV9-98-6,amendments to the Rooney Ranch PAD Area B,until such time as the issues outlined in Exhibit"A"attached herewith are resolved. ATTACHMENTS: 1. Exhibit"A"—Conditions for Approval 2. Location Map of Areas within the Rooney Ranch PAD 3. PAD Amendment Proposal 4. Letter from Lewis and Roca on outdoor sales for Home Depot,dated September 22nd, 1998. 5. Letter from Ron Sudra,Tosco Marketing Company,dated September 29th, 1998. F:\OV\OV9\1998\9-98-6\PADAMDPZ.rpt 6 EXHIBIT "A" PLANNING AND ZONING COMMISSION CONDITIONS OF APPROVAL OV9-98-6 ROONEY RANCH AREA B PAD AMENDMENT 1. Development Criteria D, Minimum Landscape Requirements, shall be amended back to 15 %, and the"Ten feet of required landscaping may be in the public right-of-way"statement shall be struck. 2. From Development Criteria H. A , remove the phrase "Access to Oracle Road and to First Avenue shall be limited to ingress/egress points established by the Traffic Impact Analysis" as it is redundant and restates the previous sentence. 3. Paragraph#1 on page CC-3 shall be amended to read "No more than two (2) convenience uses, as defined in the Oro Valley Convenience Use Ordinance, shall be allowed, except financial institutions." 4. Development Criteria B, Building Heights, shall be amended to read "Maximum 25 feet for all buildings within 100 feet of Oracle Road. All of others 33 feet to top of parapet. Campaniles and clock towers and other significant vertical architectural statements of the mission vernacular are exempt." 5. The phrase"including outdoor sales"and"(including outdoor sales)" shall be struck from all pages of the PAD Amendment. 6. Under the first paragraph on page CC-3, the phrase "..., financial institutions, and convenience uses"shall be amended to read"...,financial institutions,and convenience uses(excluding gasoline sales,except for the area formerly known as Sub-Area 6 or the `Lieber' property)". 7. Primary Uses, on page CC-3, shall be amended to read "..., Retail Center (C-2), Retail/Convenience Use(excluding gasoline sales, except for the area formerly known as Sub-Area 6 or the `Lieber' property)". 8. Appendix B,Oro Valley Center,Area B Sign Guidelines, shall be included as Development Criteria I in this PAD Amendment. 9. The Area B Sign Guidelines shall be amended as follows to be in conformance with the sign package approved by Town Council for Area D(aka the Oro Valley Retail Center): • Halo illumination shall be of white color only • Monument Sign Size: max height 8' on Oracle Road,and 6' on N.First Avenue • Monument Sign Illumination: Halo-illuminated text, internally illuminated logos, characters only emitting light • Monument Sign Max Logo Size: replace" 10' 6""with " 8' ". 10. As a condition of approval for a reduced rear setback of 30', place the following phrase under Development Criteria D, Minimum Landscape Requirements: " A minimum 10' Buffer Yard A shall be located along the rear property line." 7 •• . . . • . _ • • • T .... 5 %. V.-.1*: EL. .71:' . , ....r.g :<6 4;11-W. -774:1:$''- : 7 .- ct. . wowri -....., OkW• • .• M• iirZ . *:";:!L.--401 '...; 41.!.. "IP' db.- • . - 'n .Wer- .t,.!1:-. .... :ma 114 13 — , 4; ,.., . .041.Eri -i, .1.'41.-..`kia I- .., ...."44. rti ,./ , :: -i.A .ti. 0 . 4 ,........14117." .,.......• • ''''•.; ..arqrla -.. VPI. ' ••,-.."-"'-1 ./e.."* - . iiir.‘sfe.e" V:3,,,..11:, - • sm.'s'',. s ......- a 4 . AREA .� - _ ...,_. 1),.....;-:." • ' 44.. ...L4/1 14 .-It? •\ A . _.t..., -......::-.„.- ,,, 41.*7-4"/ .:.• L .N.:.1.. . _--- - . • y e5 f - - diLi, .., - • .., , .1.-1, ,„, ......... ..._ . . ...,.. - -, las ,,..rvi isv,-=' - .,- ,-, _. , . • 1 ..... 1, ' ..:;/..St'\\ rOt. 4.1 'I e;#1.1 %".' . . .. • •��.•:. %. •V• r• .) $! i r - V % .1....' % . • N.% Illt, \•Z \IT11 ' . 7 . EXHIBIT CC - COMP .«- % : - .....,'4-47.:.:). ' . ' - . • 7 , % • or — ' TAREA . • f- �•rL -9' • . ,.. THE TOTAL • -�' , # .. A, . /•.‘ --** C Is' ; I. COMPREHiENSFVE PLAN .--: "'"1.....a. ' A(:: „„. . - t il • I S N .. . . .� .• . ..e` AREA . '4 t •- - • ' NO''.'' • N.. /....... • .• , ,,(;) . . lop, .A l i D . .• . - j....• - - - , -_. .--, !. • FOOTNOTE: • .�•'• .• 0 • - .• ���: __-:+_ -- • • 'y 111 �• Shows Major C�rcuiation PatternsOnly4 ' - •; • & Does Not Reflect Existing Curb Cuts. 0 I •-- -.A �- . - _ ieftl- •. . ii":. --- .., — . ,..,. . .....„.70... ,..,....„\.1 .. - al .- _. - ... ..: _, . ._ -41,_ - -....,... _ , • .::::._ —..,....,...„....-_,,.. _ . ... .... r ... . . .„ .0.4 ,... ....„ : • ...: ... -.• .1.: ,.//: ::47 - :::.. dior 4,....t ,..jett.Z.. 0.; 4'.'1.. ' . 4111EMMIND 41••• :4,: .... ,•,, „..4....ler. ,...... ....r.r. ..*,.. \ e. . .........L....) ..••••::ck::‘,11,..1 . • #. : .0...'., _q, ..__,,„ iti, .. .......... ,, ...... .. .,. ., .... ., • r • e.- .,T7,-:.1-.. .- • <''' ..)- .-,.'1 -.... .--- . -•,-,,.. , .•,1:-...,-4• : --- _,--•-....-- ...,--. ..\.. ,4 -. .•..,r • , ..:4 rI 1 T.tLC1, ..▪ .-- , , .. . I .•, •• • ....••/• •, ,. •mo i. : ' k • J ..� L .. • "......?1,/ Li, \:. • o i 1 ••'N',:„. t• i� Ste• ;••• `• �~:\ or” - ,- .4 • C--- .7.-"-r•-.-:•_..-"=: r. of tswi, -ctr--- -..1.--/-- ---'-.-:---',le,---,-,. . -,--, • --, -.,.--s.....-, ,....,- . \\:. .,......... ._................., .„.., -it, -- , \.„,,,:',.-•,-i,....-...::. , • 11 =• -j • . "---- -• '-- - - ...-:......--• ‘.... -., • .%▪ .1 •. ' .. A.,,,,::::.... ;_•.. ....... ... . ...... I' • .. ......A6-3:-. •:;,provi , -71 ,i ! - . , , . / - .. . .• • x -7-•-. . l'.,.... ...‘,.....--.."-::,••, 1".1 ,,,.._•.,:i. L..,...r.-.'d,17:. .,......... . ....,.,.. ) ) %. ‘ • ..ir..Eirtir .. . ‘,,,--( ' •••..":.,\%-IN .----.;,...,-'-.:---. 1 I Area B Area B is one of the two main Town Commercial Centers. The more intense commercial activities fro ,Oracle Road and North First Avenue near the intersection. The of land use mix includes retail (INCLUDING OUTDOOR SALES), financial institutions, e , - : -• • : --• • - - - - AND CONVENIENCE USES. The area contains 19.83 acres. 1. No"Convert - - .- - -'' :- •- •- - - C a - . :, - i - C ;•- ;, - 1 • - el- - NO MORE THAN TWO (2) CONVENIENCE USES, AS DEFINED IN THE ORO VALLEY CONVENIENCE USE ORDINANCE, SHALL BE ALLOWED. 2. If access be : - - - ••• - : -- ;.-1- - - - - - - a_-ion of Area B from Oracle Road :•i - - - - - i :i - •, L-,- - - - i : - : - - -- :: - Zi: 3 - - - -- - - - • Area B ettsifte- - - -•- - - - - - - - - - - - - •- - 19.8 acres t.'• • • '- -•:ential, Retail/Financial Offices, Retail Center and Retail/Convenience Use (INCLUDING OUTDOOR SALES). Primary Uses 14o - .•': - „' - , •- - - „' - - - • - • - - - - _ - r - : -• • • , Restaurants, Restaurants with Lounges, Financial Institutions, -- _ = -- •- - -- = ' - • - = Retail Center (C-2)(INCLUDING OUTDOOR SALES), Retail/Convenience Use Gasoline Sales. Alternate Uses Retail(INCLUDING OUTDOOR SALES),business and professional offices. Uses shall be restricted to general offices or restaurant and other permitted uses as determined from those provided in the C-1 District of the Oro Valley Zoning Code Revised and Multifamily. Development Criteria A. Setbacks • - - - - - a -- C - - - i ••a-- - • • t t th •- - - a - - - .a- • - - - - - -� v� -v - •r•f,r • • , -• •• r • • r , • r • r • ••r a - - - r • •+ s •r •• • + r • hIt 1. FROM ORACLE ROAD - 2:1 RATIO WITH BUILDING HEIGHT, 60' MINIMUM. 2. FROM NORTH FIRST AVENUE - 2:1 RATIO WITH BUILDING HEIGHT, 60' MINIMUM. 3. FROM CDO/RIVERPARK - 30' MINIMUM. B. Building Heights - - - - a ; -.- a _a . * ;- -; - -, • : ; C-2 uses: otherwise 25 feet maximum. . 33 FEET TO TOP OF PARAPET. ARCHITECTURAL ELEMENTS (I.E., BELL TOWERS, ETC.) ARE EXEMPT. C. Maximum Density - Floor Area Ratio of .40. Revised 5/3/97, 8/28/98 & 9/21/98 CC-3 D. Minimum Landsc, Requirements - 1 5 20 percent (suL, to "I" of the Landscape Policy). No bufferyards will be required between like uses. TEN FEET OF REQUIRED LANDSCAPING MAY BE IN THE PUBLIC RIGHT-OF-WAY. E. Parking Requirements - ONE SPACE PER 300 S.F.; HANDICAPPED SPACES per Chapter 11 of the Oro Valley Zoning Code Revised with-part' = = - - - -• = = - F. Auto service bays shall not face Oracle Road. G. A detailed Traffic Impact Analysis, tr-accordance-wt - - - , - -•- - - - -. ' i - - - - - - - - - - - ' - 1, •:•, shall be submitted with the final development plan for this project. That Traffic Impact Analysis must be approved by the Town Engineer and the Arizona Department of Transportation prior to development plan approval. H. Oracle Road Scenic Corridor Protection This clause, along with other performance standards of the PAD, establishes Oracle Road Scenic Corridor protection mechanisms that seek to provide preservation of scenic views along this roadway and replace ORSCOD requirements. Due to the unique character of this property, the scenic qualities shall be protected in the following manner: A. Access to Oracle Road. Direct access to Oracle Road shall be limited to those connections established on the Comprehensive Plan Map of this document except as they may be amended by the Traffic Impact Analysis (see Paragraph G, Page CC-4). ACCESS TO ORACLE ROAD AND TO FIRST AVENUE SHALL BE LIMITED TO INGRESS/EGRESS POINTS ESTABLISHED BY THE TRAFFIC IMPACT ANALYSIS. B. Landscaping Treatments. Approved landscaping is to be installed and maintained prior to the issuance of a certificate of occupancy, subject to the following: 1. A minimum 25-foot front landscape buffer is required.. 2. Free-standing building pads require approved landscape plans consistent with area maintained as natural. 3. All areas other than those covered by buildings or paving for required parking, shall be landscaped or maintained as natural. 4. Landscaping islands in accordance with the Town's off-street parking ordinance shall be provided in all parking areas visible from Oracle Road. 5. Thick vegetation, massed near the edges of paved surfaces, is required to screen all parking and maintenance areas that would otherwise be visible from the Oracle Road right-of-way. Revised 5/3/97, 8/28/98 % 9/24/98 CC-4 ... C.: Z ? 4 ._. do c .. 3 = ..3 -i n 3a - • o S' g e g c H U Q: n ct• c S it ... © &r K -- Z p h t,-) as -= O — x y. 7t et �• -- _.g C - = �1 T ' .• c � o "' m H C O� n ..• = ,-— T p O' a t 1 GT A 2 _ .- a n n g A O.on vo O 'n = = FE: A .0 3 n .L.. w .�' ... ?b'D N r CD = • A= = �- c� 7"' C- ? 47 t7 ' 1'3 .r A C A O Imii '0 A a a 1 ':�-rGc�� Rt^ — t 1 I n �� O . C 7; a gR _. 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'-z co o." i 1 • a t:::F, c- a r ? = 0 tt ** TOTAL PAGE.O2 ** 1I1E' 7IS Phoenix Office Tucson Office AND 40 North Central Avenue One South Church Avenue Suite 700 Phoenix.Arizona 85004 i 129FacsimtieTucson.Arizona 85701-1620 O( /\ (602)262 5747 Facsimile (520)622-3088 MCI ID: LLP Telephone(602)262-5311 Telephone(520)622-2090 697-6314 LAWY ERS Frank S.Bangs,Jr. Our File Number (520)622-2090 80000.80233 Internet:fsblarlaw.com September 21, 1998 ii EC E p � � SEP VIA FACSIMILE TRANSMISSION 2 2 1998 AND FIRST CLASS MAIL Tc,Y� ,,r fro Valley Mr. Donald L. Chatfield Community Development Director Attention: Mr. David Marsh TOWN OF ORO VALLEY 11,000 North La Canada Drive Oro Valley, Arizona 85737-7015 Re: Rooney Ranch Oro Valley Center PAD amendments; proposed guidelines for outdoor sales and change to Area B sign guidelines Dear Don: I believe that Charlie Hulsey of the VLB Group has forwarded to you today supplemental information regarding the Rooney Ranch Oro Valley Center PAD amendments previously submitted by Charlie on behalf of The Barclay Group. On behalf of Barclay and Home Depot, I am submitting the following supplementary information from Home Depot: 1. Outdoor Display of Merchandise. I understand that representatives of Barclay and Home Depot met with you to discuss outdoor sales and the conditions under which staff could support the inclusion of such sales in the PAD amendments. Outdoor display of products is fairly typical in a retail environment. Home Depot, like other retailers, knows that such displays attract customers and encourage sales. When properly maintained, such displays can provide a visually interesting and attractive shopping experience. The reference to outdoor sales in the proposed PAD amendments contemplates two different outdoor displays: a. Sidewalk merchandise sales. On a daily basis Home Depot displays products on the sidewalk in front of the store. These items consist mainly of seasonal merchandise such as barbecues, rugs and tiles. Separate sidewalk displays of seasonal plants and garden center products will be located directly in front of the outdoor garden center fence. These displays would be subject to the following guidelines: 46124.01 LEWISs. Donald L. Chatfield AND Attention. Mr. David Marsh RO September 21, 1998 LLP Page 2 LAWYERS • Outdoor displays will occupy no more than one-half the width of the concrete sidewalk area between the building wall and edge of customer pick-up lane, providing no less than six feet for the clear pedestrian area. • Displays will be no more than 8 feet in height, excepting live plants. • Freestanding displays will not be attached to either the sidewalk area or vertical wall planes. • Those portions of the sidewalk reserved for pedestrian movement will be visually distinguishable by use of integrally colored concrete and sawcut or score joints. • There will be no temporary advertising signage outside of the designated outdoor display areas. The customer pick-up lane is solely intended for the loading of merchandise into customer vehicles and will be denoted with a yellow stripe, hatched pattern. This area must be maintained clear in order for fire and other emergency vehicles to have access to the store. For this reason, no merchandise would be placed in the customer pick-up lane at any time. b. Seasonal outdoor sales events. These events occur approximately three times a year in an area located directly beside the outdoor garden center. The items displayed in this location will generally be Christmas trees during the Christmas season, gardening tools in the spring and patio furniture in the summer. The area will be screened with either a black vinyl-coated fence fabric, a fabric netting or other temporary screening material approved by the Town. The site area devoted to such displays will be established in advance and approved by the Town. In addition, Home Depot will agree to keep all store products in the outdoor garden center below the top of the fence immediately adjacent to high metal racking, if the Town will allow the fence to be 24 feet high where it is currently depicted as 20 feet high on the submitted building elevations. 46124.01 _. Donald L. Chatfield AND E�JIS Attention: Mr. David Marsh IROCA September 21, 1998 LLP Page 3 LAWYERS All outdoor promotions are usually prepared by the store manager, but for this store they will be handled in conjunction with Home Depot's District Manager. Home Depot is providing this additional safeguard to insure that all of the Town's concerns about aesthetics and safety are met. If any problems do arise, the Town can either contact the store manager or the District Manager. It is my understanding that the approval of these outdoor display areas would be handled as a special use permit. Once a use permit is approved by the Town, Home Depot could thereafter conduct the outdoor display and sales subject to conditions approved by the Town. The outdoor sales area is an integral part of the ambience Home Depot wishes to create, which is to provide a pedestrian activity and energy in the store's retail environment. Home Depot understands the concerns raised by Town staff and will work diligently to come up with a plan that is acceptable to the Town and conducive to enhanced customer service. 2. Changes to Sign Guidelines. Home Depot requests a change to the Area B sign guidelines previously submitted to the Town. This change occurs in the "Major Tenant" category under the "Illumination" heading. For the existing phrase "halo-illuminated text" the following phrase would be substituted: "Individual illuminated text characters (not logos), consisting of a combination of back-lit halo and translucent face illumination, ..." This approach would permit Home Depot to display its identifying color at night, while maintaining the uniformity of halo illumination found throughout the Center. Home Depot will provide staff with photographs of the use of this method of illumination at other stores. Please call me if you have any questions. Sin rely er4 ank . :angs, Jr. FSB/sl cc: Mr. Trey Eakin Mr. James Lloyd Mr. Larry Slonin Mr. Paul Bleier Mr. Charles Hulsey (All via telecopy) 46124.01 1 500 N. Priest(Drive h_-r-,^o`•:1: Tempe• AZ 85281 P.O.Box 52086 Phoenix, AZ 85072.2x35 802.728.3000 TOSCO Marketing Company September 29, 1998 To: Dave Marsh Plc:inning and Zoning Town of Oro Valley Re: Rooney Ranch, Parcel B Amendment I will be unable to attend the 10/6/98 mee g to discuss the Barclay Group request to amend the Rooney Ranch,Parcel B development. I would lie the following to be entered into the mirmtes of the meeting: Tocso Corporation,via the acquisition of the 76 Products Company in 1997, acquired the rP • "St ump-Unocal"parcel adjacent to the northern property line of the Rooney Ranch, • '' �that Parcel B,property_ In 1989 Unocal purchased this property with the understanding their property would be the only gas use north of 1st Ave., south of the Foothills Channel Tosco intends to develop this parcel for a convenience gas use after the Parcel B comer has been developed. Allowing two gas users within the same developed shopping center would behr unusual and is not supported by Tosco Corporation. Ron Sunda Real Estate Mana,ger 602-728-7161 .6., =4! Z3 E.SCd ONI S7CO±S 3i1,I1 t':6L-OLb-ZO9, :6I 660 I/6:/S0 MINUTES OF THE ORO VALLEY PLANNING AND ZONING COMMISSION MEETING October 6, 1998 CALL TO ORDER: 6:10 P.M. ROLL CALL: PRESENT: Wayne Wiant, Vice-Chair Bill Moody, Commissioner Dean McCook, Commissioner Martha Briggs, Commissioner Bill Partridge , Commissioner Absent Dennis Douglas, Chair OTHERS PRESENT: Bryant Nodine, Senior Planner Linda Thompson, Clerk MINUTES MOTION: Moved, Seconded (Moody/Briggs) and carried by a 5-0 vote (Douglas–absent) to approve the minutes of the August 18th, 1998 Planning & Zoning Commission Study Session, as written. MOTION: Moved, seconded (Moody/Briggs) and carried by a 5-0 vote (Douglas – absent) to approved the minutes of the September 1, 1998 Planning & Zoning Commission minutes, as written. PUBLIC HEARING: OV9-98-6 REQUEST TO AMEND ROONEY RANCH PLANNED AREA DEVELOPMENT —PARCEL B (AKA THE ALBERTSON'S – HOME DEPOT CENTER) Bryant Nodine introduced the staff report into the record. He explained that the applicant contends that the proposed PAD amendment for Area B will allow the property to be more marketable, and meet the development criteria demands of two perspective clients, namely a Home Depot store and an Albertson's store proposed for the site. The amendment proposal involves the following seven separate issues: 1) adopting a sign package which is consistent with the one approved for the Oro Valley Retail Center; 2) an additional convenience use be permitted in order to develop a gasoline station in conjunction with the proposed Albertson's store; 3) the addition of outdoor sales as a permitted use to allow outdoor sales at a proposed Home Depot store; 4) increased height for commercial buildings from 30' to 33'; 5) a reduction in the rear building setback along the CDO wash from a 2:1 building height ration to a 30' setback from the rear property line; 6) reduced parking requirements from 1 parking space per 200 square feet of commercial space, to 1 parking space per 300 square feet; and, 7) an increased landscaped area from 15%to 20% of the project site. Bryant reviewed staff's concerns with each of the requests with the Commission. In closing, he stated that staff does recommend approval of the proposed amendments as they relate to increased building height, reduced rear setback and reduced parking requirements, continuance of the sign package. Staff recommends denial of the outdoor sales, the additional convenience use for gasoline sales, and the increase landscaping, subject to certain staff conditions that should also be approved with this project. Bill Moody commented that he would not want to see parking allowed behind the Home Depot store and asked if staff has had any discussions with the applicant concerning this. Bryant Nodine replied that they are looking for parking in the front of the store and removing any parking in the rear. In terms of the rear setback, Commissioner Moody commented that the store on Oracle has a fence behind the store, and he felt that if they were going to put up a fence at this location it should either be solid to block the view from the adjacent residents. Bryant stated that this request would be passed along to the DRB during their architectural review. Charlie Hulsey, WLB, representing Barclay, explained the rationale behind their request for decreased parking. Staff was happy with the request due to the decrease in asphalt that would be needed for the project. He pointed out where the linear park would be located behind Home Depot and stated that the landscaping from that park would help block the view. Mr. Hulsey briefly explained the background of several of the parcels now earmarked for gas stations along Oracle Road. He stated that there is always the potential along commercial corridors for gas stations on both sides of the road. Mr. Hulsey discussed the reality of these potential locations actually developing as gas stations and added that Barclay would have no problem agreeing to a stipulation that would prohibit them from developing their two other sites as gas stations. If, however, gas stations were to develop in this area, they would need to be constructed on the low side of the highway due to the view corridor, which is the side they are proposing for their convenience use. He clarified that the gasoline use being requested with the Albertson's pad would only consist of a pump with a canopy in front of the grocery store. The heights are restricted to 25' and the developer has assured that the canopy would only be 19' in height. The architectural detailing would be the same as the Albertson's store because they would want the public to know that it is affiliated with Albertson's. Larry Slonim, Home Depot Architect, commented that their intent is to allow as much flexibility in merchandising the store without negatively impacting the community. He will continue to work with planning staff to mitigate the impact of outdoor sales. Ken Robertson, District Manager for Home Depot, explained that a lot of the outdoor display is based on seasonal conditions. He felt it necessary to have this type of sales use in front of the store. Different types of products would be presented that would appeal to this community. Therefore, Mr. Robertson stressed that the outdoor sales area in Oro Valley would not necessarily be similar to the other Tucson locations. Dean McCook asked if the other stores around Town had restrictions placed on them as to what they could display in front of their store. Mr. Robertson replied yes, the store on Broadway and Kolb has restrictions placed on their display. He stated that they are usually against this approach based on the seasonal nature of the display and the community demand. Commissioner McCook compared the Mission store, which is very nice and doesn't store a lot of materials out front, to the River Road store, which is an eyesore due to the materials stored outside that create a junky look. He was very concerned with the types of products that would be stored in front of the proposed store and didn't want to take any chances that it would become junky looking. Mr. Robertson replied that they are proposing to consistently limit the type of presentation; however, at strategic times they would like to have the ability to market outside the front of the store. He commented that Home Depot is trying to get away from the marketing strategy that requires a lot of materials in front of the store, but seasonally they would like to have the ability to do so. Bill Moody stated that he often sees storage sheds, cement mixers, trailers for hauling, pallets stacked up, etc., and really hasn't seen much change in this approach. He, personally, would have trouble allowing anything other than plants and shrubs in the front of the store. In terms of seasonal sales, Wayne Wiant asked staff, in the event the Commission denied outdoor sales, if Home Depot would be able to apply for a permit that would allow seasonal sales for a short period of time. Mr. Nodine confirmed they could; however, these permits are special event permits designed for special occasions, not seasonal sales. They do not allow continuous use and would be restricted to seasons. In addition, the permit would not be renewed continuously. Home Depot would have to routinely come in and apply for a new one. Mr.Nodine pointed out that special event permits were not a right, but dependant upon the Town and the Town's attitude, which could not be guaranteed. Allen Tanner, Real Estate Agent for Home Depot, commented that Tucson has always been viewed as a 2 1/2 store market. It has only been recently that they decided 3 stores in Town would work. Home Depot has been trying to move the Broadway store for the last 3 years, so it is not a proto- typical layout of the store. The Oracle/River store never had enough land to organize and store the materials as they would like, so it is not a good example of a Home Depot either. The proposed site, however, does provide enough land that Home Depot feels they can finally build a proto-typical store that would allow the storage area needed to make a nice store. Mr. Tanner agreed that all of the concerns mentioned were valid, but the goal is to open a very exciting store that would be oriented towards the needs of this community. It would also take the pressure off of the Oracle/River store, which would hopefully allow them to clean that area up and make it a nicer store. Mr. Tanner commented that the outdoor sales area is really more of a display than sales, and Home Depot would try hard to get something set up that would meet everyone's needs and goals. Paul Blier, Blier Industries, informed the Commission of the method of signage that they are proposing for the Home Depot. He explained that a halo back lit letter, which creates a very dark, opaque face at night, does not provide the ability for the trademark color to come forward. He would like to modify the illuminations to include translucent face illumination. This would allow the color to be illuminated, and the perimeter would be white, which would cause a muted version of the color to show. Mr. Blier stated they would like to provide slight illumination through the letters along with back lighting, which would actually diminish the amount of light that comes through the face of the letter. This approach would actually cut down the brightness of the orange color. Matt Moutafis, 10707 N. Pomegranate Drive, stated that he has spent time trying to enhance the visual aesthetics of this project. He has offered his resources and talent to the project to help solve the problems involved with issues such as outdoor sales and signage. Mr. Moutafis' approach is to creatively solve these issues by working together with the applicant, staff and the community. PUBLIC HEARING OPENED Chris Duncan, 922 Crown Ridge Drive, stated that unless the Town sets restrictions now regarding the outside appearance of the Home Depot, business and economics will wind up dictating what is done and how the store looks. He asked if a traffic flow study has been done based on this project, especially if a gas station is proposed at this location. The intersection is heavily used now, and this type of use would only add to the present congestion. Mr. Duncan felt it was important to try and keep as much traffic as possible off of First Avenue, and allowing travelers the ability to move around without getting onto Oracle Road. Bryant Nodine replied that the Town recently received the traffic study for this intersection and is in the process of working with ADOT to come up with a solution. Mr. Duncan asked if anyone had taken into consideration how the Home Depot store would look on the ground once lit up and the effect it would have on adjacent property owners. He stressed that it would not be wise to ruin real estate values or the quality of life for these homeowners. Bill Adler, 10720 N. Eagle Eye Place, commented that on page 3 of the staff report, there is a misleading statement that indicates Steam Pump Ranch and Rooney Ranch are similar in nature. Mr. Adler stated that they may be similar, but the idea for Steam Pump Ranch was in no way similar to this PAD. The Commission attached some quality criteria to the uses in Steam Pump, which he felt was very important, and in fact, likened Steam Pump to St. Phillip's Plaza on Campbell Avenue. The use being discussed tonight will by no means resemble the uses approved for Steam Pump once it is developed. In terms of notifications, Mr. Adler pointed out that no one lives within 200 feet from this property, and notifications should have been mailed out at least 600'. When the Town was reviewing the Steam Pump Ranch project, he asked that staff increase the mailing to include all residents, and afterwards more residents did show up for the public hearing and had opinions that they wished to voice. Mr. Adler felt this mailing should be increased to include the El Conquistador area, all the way over to La Canada Drive. In his opinion, it was a huge project that would affect all the residents of the area. In terms of the outdoor sales,he did not have a problem with the concept, and in fact, felt it was a very important part of merchandising; however, the manner in which it would be done was very important also. He commented that the enclosure and treatment of the area would need special attention. Mr. Adler felt that a permanent area needed to be set up for the outdoor sales, which would be aesthetically pleasing to the community. He felt the Commission could provide direction to the DRB on how to proceed and what should be done to keep the area attractive in light of the park area adjacent to it. In regard to the convenience use, Mr. Adler pointed out that on page CC4.F. it states that auto bays shall not face Oracle Road, which makes it obvious that a gas station is not the only thing the applicant had in mind. However, if handled in a manner that is attractive, it would not necessarily be offensive and could actually create a nice project. Mr. Adler held a strong opinion on building mass and bulk and felt that the overhead presented by staff came no where close to depicting what an extra 3 feet would really do to the mass of this building. He did not necessarily oppose the increase height, but wanted to point out that he didn't feel the Commission really got a good feel of the impact 3 feet times the whole size of the building would have on the frontage of the property. He asked only, that when the Commission makes their decision, to ask staff to help them better understand what the impact of this building would be on the property based on the lot size, etc. As far as reduced parking was concerned, Mr. Adler asked if this meant wider lanes and better sight visibility, which he hasn't hear discussed. Oscar Rothenbuecher, 1575 Bright Angel, shared some of the concerns already mentioned. On the issue of outdoor sales for the purpose of business, he felt it needed to be conducted inside an attractive screen, as suggested by Mr. Adler. Mr. Rothenbuecher also felt it important that this area did not encroach into a public area and felt that the Commission needed to keep in mind not only the appearance, but the needs of the citizens. He stated that the traffic on First Avenue is already congested, and the roadway needs to be widened now. He felt a major traffic study and long range plan was needed in terms of growth, so the Town would not wind up doing patch jobs later on. Charlie Hulsey, WLB, clarified that there are currently two traffic studies being done. One addresses everything south of the project and is currently being reviewed by ADOT. The Town is doing the other for First Avenue that takes into account this project and the impacts it will have on traffic. Mr. Hulsey commented that there is no denying the project will be large and First Avenue is currently under-developed, but ADOT and the Town are currently addressing these concerns. He stated that there would certainly be areas throughout the Town that would be impacted by the viewshed, and pointed out that would be true whether the building was 30' high or 35' high,just as Target can be seen from several locations. He concurred that this project would change the viewshed of the Palisades residents; however, the zoning was in place for all this activity before Palisades was approved. Mr. Hulsey stressed that there is nothing similar between Steam Pump Ranch and St. Phillip's Plaza, and felt the comparison should not have been made. In response to the area of notification, Mr. Hulsey felt they were already pushing the limit by going 600' when they were only required to go 300'. To go beyond that would bring in liabilities that the Town didn't necessarily need. He stated that he had no problem meeting with the residents from around Town if they would like to further discuss this project. Mr. Hulsey pointed out that they held a public meeting for the Target project for all of the residents around Town and no one showed up. In regard to the concern with outdoor sales, he commented that it would be very beneficial and part of Home Depot's marketing strategy. In terms of what is kept in the outdoor sales area, or stored around the store, Mr. Hulsey agreed that there needed to be some type of restriction and control in place. He felt the list provided by staff, regarding outdoor sales, was something they could work with staff on and iron out prior to going before the DRB, who would also place limitations on how they can do outdoor sales. The statement referenced by Mr. Adler,regarding bay doors, has been in the PAD since the day it was written, and he was not sure what it was intended for. He assumed it was for facilities such as Brake Master, and would be happy to take that statement out for Parcel B since it was not applicable. In response to the concern with the increased height, Mr. Hulsey suggested that the Commission, or residents, stand on Lambert Lane and visually add 3' to the top of the Target Building. The perception of 3' would be practically nil. The reduction in parking requirements would not mean wider lanes. The intent was to get rid of the excess asphalt. The islands would be larger and more vegetation and trees would be provided to enhance the parking area. Bill Partridge questioned why there are typically not many trees in parking areas. Mr. Hulsey explained that the vegetation has to be either close to the ground or high enough so as not to interfere with sight visibility. Larry Slonim commented that they could extend the length of the colonnade across the length of the store to delineate where the outdoors sales would be. It would also help to maintain this area, and break up the length of the massing of the building. Functionally, to create a landscape area in the front of the store to break up the massing makes it difficult to pick up and move merchandise around. In terms of the height issue, Mr. Slonim stated that they didn't need exactly 33', but that height was functional because of the drainage and mechanical equipment. He stated they could try to generate the mass of the building on a computer and insert the building into a photo of the area so the Commission could visualize the store from different views. Commissioner Briggs asked Mr. Hulsey if he could provide the Town with a written document stipulating that the land owner would not develop his other two sites as gas stations if this request were approved. Mr. Hulsey confirmed that they could provide this letter to the Commission is they so desired. PUBLIC HEARING CLOSED The Commission took a break 7:55 PM and resumed the meeting at 8:05 PM. Dean McCook believed that the Town needed to have a gas station at this location. He commented that there is not a gas station on the west side of the road from the southern Town boundary, north to Catalina. He stated that outdoor sales is obviously a vital part of the Home Depot operation and felt there must be a way to design the area so it would be aesthetically pleasing to the residents and still be viable to Home Depot. Commissioner McCook voiced that he would like to see this store located in Oro Valley. Bill Partridge felt the issue was so complex that each of the Commissioners should voice their views on each of the items. He did not have any problem approving the height and setback request, and suggested continuing the convenience use issue with the sign package. In addition, it was his personal opinion that the outdoor sales issue should also be continued, to see if working with staff and DRB, the applicant could come up with a proposal that would allow the use without creating piles of junk in front of the building. Martha Briggs recommended approving the convenience use for the gas station as long as the applicant stipulates that it would be the only one constructed in this area. She concurred to approving the height, setbacks, parking reductions and continuing the sign package and outdoor sales issues. Commissioner Briggs felt that staff came up with good recommendations on how to handle the outdoor sales. She agreed that it was more than just screening the area,but also involved what would be allowed to be sold in the area. Commissioner Partridge offered that the Town could not micro-manage what Home Depot could or could not sell, but they should present a proposal to the DRB that would include what they wanted to sell in outdoor sales. Bill Moody felt that the Commission should approve the convenience use and outdoor sales. However, he would like to see all construction materials prohibited from outdoor sales and all approved items be screened by the building, or whatever the DRB would be happy with. He suggested that a wall be constructed in the rear of the building, the full length of the property, 6' high, with landscaping on the west side of the wall so that the view of the back of the site is pleasing. Anything that would be stored behind the building or left sitting there for any length of time, such as equipment or gardening racks, should not exceed the height of the wall. Commissioner Moody concurred with approving the height, setbacks and parking reductions, and continuing the signs. In regard to the gas station, he would like to see it approved subject to a traffic flow study. If the study indicates that this project would put too much of a demand on the intersection, the convenience station should be delayed until such time that First Avenue is widened or the traffic flow problem is alleviated. Wayne Wiant pointed out that he is part of the Technical Advisory Committee for the Design Guidelines for Oro Valley. From his stand point, this building was a rather bland, straight mass of building which would be more aesthetically pleasing if broken up. He felt that lengthening the colonnade as suggested by the Home Depot representative would help. Commissioner Wiant would like to see an attractive looking facility that wouldn't display the clutter seen at other Home Depot stores. He recommended that the DRB suggest something more architecturally pleasing, extending the colonnades and adding more features along the top of the building to make it more attractive. He felt extending the colonnade would also provide a good place for the outdoor sales and encouraged the applicant to enclose the outdoor sales with some type of ramada so that it would be open to the sun but still shaded. Mr. Wiant was not sure that every square foot of the building required 33' of height. By changing the architecture,he felt some of those areas could be reduced in height, which would also help alleviate the massing problem. He, personally, was not concerned with the additional 3' in height. He went out to First Avenue and stood by the homes in the area and discovered that there is a hill that blocks the view from most of the homes anyway, except those along Lambert Lane. The homes along the ridge would have a view of the building, but he hoped that the lighting would be done in a way that it would be shielded from the area. Commissioner Wiant was not happy with the location of the gas station due to the traffic congestion. If he had to choose a location, he would choose a location south of the Target store, because most people from Oro Valley come down First Avenue. He felt it would be more convenient as people turn towards Tucson, to gas up south of First Avenue than to turn north and then try to get back in a southerly direction. Mr. Wiant was very upset with the clutter seen at the Oracle/River Home Depot and commented that shopping carts and large carts were usually all over the place. He felt something needed to be done to keep them from being left in the parking lot. Mr. Wiant commented that he is interested in the sign; however, most of the residents will know where Home Depot is and will not have to rely on the sign to guide them. He suggested a sign with subtle colors, but stated he would leave those decisions to the DRB. He was comfortable approving the rear setback, but agreed that there should be a fence and landscaping in the rear of the building. Mr. Wiant was not opposed to the reduced parking requirements and concurred with continuing the sign package. In terms of the outdoor sales, he had no problem with allowing plants or Christmas trees but did have a problem with building materials of all sorts and pallets being left out long after the materials had been removed. Commissioner Wiant stressed that he would like a center that is nice,that the entire Town could be proud of. Bryant Nodine recommended that the Commission deny the convenience use, not due to a proliferation of pumping stations, but because the Giant station is an approved use, which is to the south, and the location to the north in Sub-area 6 is also approved for a gas station. In regard to the outdoor sales, he appreciated all of the Commission's comments. There is still a lot of work to do, which has to be incorporated into the conditions of the PAD. Therefore, they can't be sent to the DRB to work out with the architectural review. He recommended that the Commission make those conditions, or concerns most important to them part of the motion, so staff can work with the applicant to incorporate them into the PAD. Bill Partridge asked if the PAD didn't include the sign package. Mr. Nodine concurred that it did, but the sign package would come back to the Commission for further review. Commissioner Partridge asked if the outdoor sales couldn't also be brought back to them with the sign package. Charlie Hulsey clarified that the outdoor sales is something they need to proceed with because it would go into the early planning stages of the site. The signs could be delayed because they are not tied to planning the facility. If the Commission requires screening of the outdoor sales area, that would have to be worked out with the DRB in terms of architecture. MOTION: Moved, seconded (Moody/Briggs) and carried by a 5-0 vote to recommend approval to Council of OV9-98-6, amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, and reduced parking requirements, subject to the following staff conditions. Further, recommend that outdoor sales be allowed, but shall not include any construction materials or construction equipment, and that those items placed in outdoor sales be of a seasonal nature; the applicant shall work with staff and the DRB to determine the type of screening that will be provided for the outdoor sales. Further, recommend approval of a convenience use for gas sales and that the construction of the gasoline sales station be delayed until such time that a study of traffic flow for the First Avenue/Oracle Road intersection is complete and staff is in a position to recommend to Council that the placement of a gas facility will not cause an unusual increase in the amount of traffic at the First Avenue/Oracle Road intersection. Further, recommend denial of the increased landscaping, recommending to the DRB that a 6' high wall be constructed the full length of the rear property next to the wash, with landscaping provided on the wash side of the wall. In addition, a recommendation should be made to the DRB that no equipment or materials, extending more than 2' above the height of the wall, be allowed to be stored in the rear area of the property. And finally, recommend that the sign package be continued. MOTION FOR AMENDMENT: MOVED,seconded (Briggs/Partridge) and carried by a 5-0 vote(Douglas—absent)to amend the above motion,to include garden center items in the outdoor sales area,limit the height to no more than 6',and allow all plant materials to remain in the outdoor sales area overnight. Planning and Zoning Staff Conditions: 1. Development Criteria D, Minimum Landscape Requirements, shall be amended back to 15 %, and the "Ten feet of required landscaping may be in the public right-of-way" statement shall be struck. 2. From Development Criteria H. A , remove the phrase "Access to Oracle Road and to First Avenue shall be limited to ingress/egress points established by the Traffic Impact Analysis" as it is redundant and restates the previous sentence. 3. Paragraph #1 on page CC-3 shall be amended to read "No more than two (2) convenience uses, as defined in the Oro Valley Convenience Use Ordinance, shall be allowed, except financial institutions." 4. Development Criteria B, Building Heights, shall be amended to read "Maximum 25 feet for all buildings within 100 feet of Oracle Road. All of others 33 feet to top of parapet. Campaniles and clock towers and other significant vertical architectural statements of the mission vernacular are exempt." 5. The phrase "including outdoor sales" and "(including outdoor sales)" shall be struck from all pages of the PAD Amendment. 6. Under the first paragraph on page CC-3, the phrase "..., financial institutions, and convenience uses" shall be amended to read "..., financial institutions, and convenience uses (excluding gasoline sales, except for the area formerly known as Sub- Area 6 or the `Lieber' property)". 7. Primary Uses, on page CC-3, shall be amended to read "..., Retail Center (C-2), Retail/Convenience Use (excluding gasoline sales, except for the area formerly known as Sub-Area 6 or the `Lieber' property)". 8. Appendix B, Oro Valley Center, Area B Sign Guidelines, shall be included as Development Criteria I in this PAD Amendment. 9. The Area B Sign Guidelines shall be amended as follows to be in conformance with the sign package approved by Town Council for Area D (aka the Oro Valley Retail Center): • Halo illumination shall be of white color only • Monument Sign Size: max height 8' on Oracle Road, and 6' on N. First Avenue • Monument Sign Illumination: Halo-illuminated text, internally illuminated logos, characters only emitting light • Monument Sign Max Logo Size: replace" 10' 6" "with " 8' ". 10. As a condition of approval for a reduced rear setback of 30', place the following phrase under Development Criteria D, Minimum Landscape Requirements: " A minimum 10' Buffer Yard A shall be located along the rear property line." 11/04/98 Minutes, Regular Council Session 3 Mr. Chatfield explained that the definition being presented as an amendment to Chapters 2 and 7 would more adequately describe short-term uses within the R-6, Multi-family district. He explained that the new definition proposes a specific time requirement (30 day rental) and insures compatibility with the surrounding neighborhood. He explained that the 30 days is based on the State Tax Code and Town Code regulations related to rental of real property. Mr. Chatfield also reported that the "hotel" definition and the term "residential"have been redefined to clarify when such uses are permitted. Mr. Chatfield stated that the Planning and Zoning Commission and staff recommend approval of the amendments to Chapters 2 and 7 of the Zoning Code Revised. In answer to a question from Council Member Skalsky, Town Attorney Tobin Sidles stated that the amendments deal strictly with rental situations. In answer to questions from Council Member Johnson, Mr. Chatfield explained that the amendments are specific to multi-family residential districts (apartment and condominium projects.) He also explained that short term rentals would be subject to bed and rental tax. In answer to a question from Vice Mayor Parisi regarding Bed and Breakfast facilities, Mr. Chatfield explained that they are permitted within other residential districts and are governed by a different process. They would require a Home Occupation Permit through the Zoning Department. Mayor Loomis opened the public hearing. There being no speakers, the public hearing was closed. MOTION: Council Member Johnson MOVED to approve the amendments to the Oro Valley Zoning Code Revised, Chapter 2, Section 2-101, Definitions, and Chapter 7, Multi-Family Residential District Regulations, as presented in Ordinance No. (0)98-46. Council Member Skalsky SECONDED the motion. Motion carried, 5 —0. 4. PUBLIC HEARING — ORDINANCE NO. (0)98-47 AMENDING THE ROONEY RANCH PLANNED AREA DEVELOPMENT, AREA B, ADDITIONAL GASOLINE STATION CONVENIENCE USE, OUTDOOR SALES, 33' MAXIMUM BUILDING HEIGHT, 30' REAR SETBACK, REDUCED PARKING REQUIREMENTS, INCREASED LANDSCAPING, ADOPTION OF SIGN PACKAGE CONSISTENT WITH THE ORO VALLEY RETAIL CENTER Community Development Director Don Chatfield reported that the Rooney Ranch Planned Area Development (PAD) was adopted by the Mayor and Council in 1989. He stated that the project includes approximately 150 acres with the "hub" of the project at the intersection of North First Avenue and Oracle Road. He stated that the Town's General Plan projects this area will become Oro Valley's downtown or Town Center and several people have expressed interest in establishing their businesses in the area. 11/04/98 Minutes, Regular Council Session 4 Mr. Chatfield reviewed maps of the Rooney Ranch PAD. He explained that the adopted PAD provides for a mix of uses, with fairly intense commercial uses near the intersection of First Avenue and Oracle Road, and transitioning to neighborhood commercial and residential uses along the north side of the Canada del Oro (C.D.O.) Wash. Mr. Chatfield summarized the applicant's request for PAD amendments related to Area B. He explained that the applicant has requested an increase in permitted building height from 30 feet to 33 feet. Mr. Chatfield reviewed an overhead display of the proposed gasoline stations within the Rooney Ranch Area and stated that the applicant has also requested an additional gasoline station convenience use in conjunction with the Albertson's store. The applicant has also requested: outdoor sales (displays) be a permitted use, a reduction in the rear setback from a 2:1 height ratio to 30 feet along the portion of the property adjacent to the C.D.O. Wash, to decrease parking requirements from 1 space per 200 square feet to 1 space per 300 square feet, increase the landscaped area from 15% to 20% of the site and placement of 10 feet of landscaping within the Oracle Road right-of-way, and approval of adoption of a sign package consistent with the Oro Valley Retail Center(Target.) Mr. Chatfield clarified that planning staff is not ready to act on the sign package issue. He explained that the sign package was considered by the Planning and Zoning Commission on Tuesday, November 3rd and staff is still working on the Commission's recommendations. He stated that staff hopes to bring the sign package forward to • Council on November 18th or December 2nd. Mr. Chatfield reviewed the Planning and Zoning Commission's recommendations for the PAD amendments and the development criteria and list of allowed items for "outdoor sales/ displays". He explained that the Commission recommended denial of the increased landscaping from 15% to 20% and placement of 10 feet of landscaping within the Oracle Road right-of-way. Mr. Chatfield also reported that the Development Review Board reviewed a proposal for screening of the proposed outdoor sales area and voted 3 to 3 on a recommendation for approval of the use of an arcade and other elements to screen outdoor sales. He explained that those members of the Board voting in the negative were opposed to outdoor sales. Mr. Chatfield said that staff has evaluated the request for the amendments to the Rooney Ranch PAD and support the Commission's recommendations and recommend approval of the amendments to Area B as it relates to increased building height, reduced rear setback, and reduced parking requirements. He stated that staff also recommends that outdoor sales be permitted, but due to concerns over clutter, staff formulated the Development Criteria for Outdoor Sales and request that the criteria be adopted as part of the PAD amendments. He stated that staff also supports the approval for the additional gasoline station and recommends denial of the increased landscaping and that the sign package portion be continued. Mr. Chatfield informed the Council that Home Depot has expressed some concerns over not being able to display construction materials on the 11/04/98 Minutes, Regular Council Session 5 exterior of the building. He explained that the display of such items would not be consistent with the Commission's or staff's recommendations. In answer to concerns expressed by Council Member LaSala regarding the reduction of parking spaces, Mr. Chatfield explained that staff's analysis shows that the reduction is consistent with the range that is professionally accepted. In answer to questions from Mayor Loomis regarding the height of significant vertical structures, Mr. Chatfield stated that staff is not adverse to providing limitations, but it has been left to the Development Review Board's prudence in the past. He stated that if Council so desired, they could include language that requires the determination of compatibility by the Planning and Zoning Administrator or the Development Review Board. Mayor Loomis asked to add the word "only" to Item #8 of Appendix A, "Paving stones, and other hard landscaping materials, as incorporated into a landscape display presentation only. " Mr. Chatfield agreed that would be acceptable. Council Member Skalsky asked to have the specific number of parking spaces that would be deleted. David Marsh, Planner I, stated if the reduction of parking spaces was allowed, there would be 58 less spaces which would provide a total of 888 parking spaces. Charles Hulsey, The WLB Group representing the Barclay Group, displayed a detailed overview of the proposed site and clarified some points. He explained that parking is limited at the back of the stores (Home Depot and Albertson's) with the majority of parking at the front for easier access. He explained that Albertson's is now including gasoline sales with their new store sites, but it would be a "small scale" facility. He also explained that they are asking for a building height that is suited to the building plan. He stated that the highest point is 42-43 feet for the bell towers which is comparable to the bell towers at the Frys Store. He stated that typically bell towers are designed based on the proportions of the building. Mr. Hulsey explained that the text of the Rooney Ranch PAD does not address the setbacks of the rear of the buildings. They are asking for a set distance of 30 feet for setbacks for the property. Mr. Hulsey stated that the applicant had withdrawn the request for the landscaping changes but that item was reviewed by the Planning and Zoning Commission anyway. He also stated that they are asking to place a 3 foot rear wall along the back of the property and enhance the area with trees as it runs along the proposed Canyon del Oro Linear Park. He stated that they felt this would help alleviate potential graffiti. Allen Tanner, representing Home Depot, thanked David Marsh and Bryant Nodine for their work on the project. He explained that Home Depot likes to have heavy construction supplies on the exterior of their stores but they have decided not to continue this request as they want to provide a special store for Oro Valley. 11/04/98 Minutes, Regular Council Session 6 In answer to a question from Council Member LaSala, Mr. Tanner stated that they have outlined with staff a list of what they can display on the exterior. He stated that an arcade feature on the outside will help screen the items. He also stated that if for some reason Home Depot violates the agreement, they can be cited. He stated that they are trying to create a pleasant atmosphere to fit into Oro Valley. In answer to a question from Council Member Johnson, Mr. Tanner reviewed a rendering of the store front and proposed arcade area. He stated that this would screen the outside displays and movable planters would provide additional screening where needed. In answer to a concern expressed by Council Member Skalsky regarding the list of outdoor items, Mr. Tanner stated that the outdoor display items were substantially different than those at the Oracle/River store. He explained that the outdoor displays provide an opportunity to display special promotions and merchandise seasonal items. Mr. Tanner stated that they have worked hard to mitigate the visual impact of the outdoor displays. Mr. Hulsey stated that the arched arcade would be 12 feet wide and under a roof. He stated that the outdoor displays would provide a marketing tool for Home Depot. He said that the proposed plans for the Home Depot would provide something the Town can be proud of. • Mayor Loomis recessed the meeting at 8:22 p.m. to allow the public to review the conceptual plans of the Home Depot. The meeting resumed at 8:37 p.m. Mayor Loomis opened the public hearing. The following citizens spoke in support of the Home Depot and stated that it would be a good addition to the Town: Chad Blunt, 851 W. Port Royal Place Leslie McKee, 10333 N. Oracle Road, #9101 Noel Crabtree, 1660 E. Buck Hollow Court Richard Underwood, 10945 N. Pomegranate John McKee, 11884 N. Copper Butte Jared Madsen, 9475 N. Milagro Richard Feinberg, 1451 E. Triton Place, stated that he was impressed with Home Depot's plans but was concerned with the number of gas stations being proposed in close proximity of each other. Mayor Loomis closed the public hearing. In answer to a question from Council Member Johnson, Mr. Chatfield explained that five areas have current zoning entitlements for gasoline convenience use. He stated that the 11/04/98 Minutes, Regular Council Session 7 only control the Town now has, is what the projects will look like upon completion. He stated that the likelihood for all the gas stations to be built was very slim from a marketing standpoint. He stated that staff's primary concern was not so much with the number of stations, but with the ingress and egress along Oracle Road and with the circulation around the Bank of America. He also stated that staff could look at adjusting the rights from the middle area to the southern area, but proper noticing requirements would need to be put into place for consideration of areas other that Area B of the Rooney Ranch PAD. Charles Hulsey, representing the applicant voluntarily removed the 2 proposed gas stations marked in "fushia" from their request. Mr. Sidles stated that the item relating to removal of the proposed gas stations would have to come back to the Council with proper notification. Vice Mayor Parisi stated that gas stations are market driven. He also explained that the Town would benefit from Highway User Revenue Funds (HURF) that come from gasoline sales. In answer to a question from Council Member LaSala regarding landscaping, Mr. Chatfield explained that the applicant's request is to increase the landscaping from 15% to 20% using 10 feet of right-of-way to satisfy that requirement. He explained that this would move trees out of the interior parking lot which is where the Town wants to provide relief from the massive asphalt. They would also use a large area of the Arizona Department of Transportation right-of-way whose standards for plant density are much lower than Oro Valley's. Mr. Chatfield stated that staff could accept the proposal if the applicant said they would plant the 15% that is required on the site and will plant the 10 feet in the right-of-way. Mr. Hulsey reiterated that the landscape request had been withdrawn so it was a moot point. He further explained that the original idea was not an attempt to put down more asphalt, but to provide more screening along Oracle Road. Mr. Chatfield clarified that the applicant had withdrawn their original landscaping proposal. He explained that there were previously a number of concerns about sufficient parking, so the possibly of moving parking to the front 10 feet of the site and use the right-of-way for landscaping was discussed. Mr. Chatfield explained that with the adjustment in the parking ratio, it was not necessary to use that area for parking. He stated that staff would support landscaping in the right-of-way provided the owner agreed to maintain the landscaping and it would be in addition to the requirements for private landscaping. Richard Underwood, Development Review Board Member, asked that the landscaping be referred back to the DRB and give them the opportunity to improve and enhance the landscaping in the right-of-way and provide possible screening to the proposed gas 1111 station. 11/04/98 Minutes, Regular Council Session 8 Mr. Hulsey reiterated that the applicant has withdrawn the request for landscaping in the right-of-way. He further stated that there is not a request for an amendment to the PAD for landscaping, the landscape plan is finished and includes landscaping in the right-of- way, and the request did not consider anything to do with the parking spaces. Mayor Loomis stated that the requirement for the PAD is to meet the 15% for landscaping. Any additional items would be placed on the development plan. Council Member Johnson expressed his concerns regarding outdoor display items being placed near the front doors and would like to have some limit as to how close the items could be set. Mr. Tanner stated that the outdoor display items would be limited to the arcade areas which are the covered areas which would allow a display near the entrance of the store. Ken Robertson, District Manager of Home Depot, 3200 W Ina, stated that they would not want to block the doorway but would want to display seasonal items near the door. Mr. Chatfield stated that Council could set the distance items could be placed near the doorway. MOTION: Council Member LaSala MOVED to approve Ordinance No. (0)98-47, OV9-98-6, amendments to the Rooney Ranch PAD Area B, as it relates to increased building height, reduced rear setback, reduced parking requirements, outdoor sales, and an additional convenience use for gasoline sales, and recommend denial as it relates to increased landscaping, with those conditions listed in Exhibit "A" and, continue the sign issue and the gasoline station to a later date and that a 3 foot wall landscaped to screen the wall be added. MOTION SECONDED by Council Member Skalsky. Exhibit A: 1. Development Criteria D, Minimum Landscape Requirements, shall be amended back to 15% and the "Ten feet of required landscaping may be in the public right- of-way" statement shall be struck. 2. From Development Criteria H.A, remove the phrase "Access to Oracle Road and to First Avenue shall be limited to ingress/egress points established by the Traffic Impact Analysis" as it is redundant and restates the previous sentence. 3. Development Criteria B, Building Heights, shall be amended to read "Maximum 25 feet for all buildings within 100 feet of Oracle Road. All of others 33 feet to top of parapet. Campaniles and clock towers and other significant vertical architectural statements of the mission vernacular are exempt." 4. As a condition of approval for a reduced rear setback of 30 feet, place the following phrase under Development Criteria D, Minimum Landscape Requirements: "A minimum 10 foot buffer yard A shall be located along the rear property line. A 6 foot wall shall be constructed the full length of the rear 11/04/98 Minutes, Regular Council Session 9 property next to the wash, with landscaping provided on the wash side of the wall." 5. Development Criteria— Outdoor sales and Appendix A: Permitted Outdoor Sales Items — Area B, Rooney Ranch PAD, shall be included as part of this PAD amendment. 6. The construction of the gasoline sales station shall be delayed until such time that a study of traffic flow for the First Avenue/Oracle Road intersection is complete, and staff is in a position to recommend to Council that the placement of a gas facility will not cause an unusual increase in the amount of traffic at the First Avenue/Oracle Road intersection. Appendix A: Permitted Outdoor Sales Items—Area B, Rooney Ranch PAD: 1. Plants, shrubs and trees. 2. Outdoor patio furniture 3. Picnic tables 4. Gardening tools 5. Power tools 6. Consumer electrical appliances, not to include heavy equipment 7. Lawn and gardening equipment 8. Paving stones, and other hard landscaping materials, as incorporated into a • landscape display presentation only. 9. Gas ranges, BBQ's, etc. 10. Seasonal items 11. Rugs 12. Other analogous Items Mayor Loomis offered the following amendments to the motion: 1. "Outdoor sales" be changed to "Outdoor displays." 2. Outdoor displays will not be allowed within 6 feet of the doors. 3. Add the word "only"to Item 8 4. Add a limitation to the overall height of the bell towers to 45 feet. The amendments were accepted. Discussion followed regarding the items as listed for outdoor display sales. It was the consensus of the Council that they should not get involved in the marketing strategies of Home Depot and should allow Appendix "A"to remain intact as presented. CALL FOR THE QUESTION: Motion carried, 4— 1, with Mayor Loomis opposed. TOWN OF ORO VALLEY 5 COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Dennis Silva, Jr., Planner I SUBJECT: OV12-98-10 RANCHO VISTOSO NEIGHBORHOOD 11, PARCEL AF, LOTS 1-68, COMMON AREAS A & B, FINAL PLAT LOCATED ON THE WEST SIDE OF VISTOSO HIGHLANDS DRIVE AND BORDERED BY THE GOLF CLUB AT VISTOSO, HOLES 1, 2,AND 3 ON THE OTHER THREE SIDES. BACKGROUND: This is a request for Town Council approval of a final plat in Rancho Vistoso Neighborhood 11, Parcel AF. The developer, Fairfield Rancho Vistoso, LLC, represented by the WLB Group, has platted the 17.44 acres into 68 single family residential lots, and common areas, one of which is a recreation center. Parcel AF abuts the west side of Vistoso Highlands Drive,while the remaining three sides are bordered by golf course. SUMMARY: The zoning of Parcel AF is PAD Medium Density Residential (MDR), which permits a density of 2.1 to 5 dwelling units per acre. The density for this parcel is 3.9 units per acre. Surrounded on three sides by the 3olf Club at Vistoso, the property lines were evaluated for setbacks from greens and tees based on the OVZCR Golf Course Overlay District. The south boundary of parcel AF faces golf hole number 1, the west side faces golf hole number 2, and the north side faces golf hole number 3. The average lot size for this parcel is 8,641 square feet with the minimum lot size at 6,165 square feet and the maximum at 12,227 square feet. The maximum permitted building height is 30 feet, two (2) stories. The building setback requirements are: front, 20-feet; side, 5-feet or zero (0) feet for common wall or zero (0) lot line development; and rear, 10-feet. By a separate item, currently being considered by the Commission, Fairfield Homes, the developer, requests that 50% of the lots be granted a reduced front setback requirement. They are proposing a 10-foot front setback, with a minimum 20-foot setback to the garage. Staff agrees with this request since it will minimize garage frontage. The general notes of this final plat may be amended pending the approval of the PAD amendment(see condition#1 in Exhibit A). GENERAL PLAN COMPLIANCE: In complying with Focus 2020: Oro Valley General Plan, promoting high quality residential neighborhoods, as stated in Policy 4.1A, includes the use of appropriate buffers to protect the integrity and aesthetic context of neighborhoods. Parcel AF complies with this policy by ensuring those proper buffers will exist between the golf course and the residential development. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 4 TRAFFIC/ROADS: Access to this site will be from a single entrance to Vistoso Highlands Drive. The project traffic engineer has determined that the project will generate 750 average daily trips. The engineer anticipates 80% of the traffic will originate from or exit onto Vistoso Highlands Drive to Rancho Vistoso Boulevard east of the site. The remaining 20% of the traffic are expected to utilize Vistoso Highlands west of the project entrance after completion of Vistoso Highlands Drive. The project is expected to generate 75 trips during the PM peak hour. The project will have minimal impact on Vistoso Highlands Drive traffic capacity. No offsite road improvements, other than construction/completion of Vistoso Highlands Drive to the subdivision entrance, are required for this project. DRAINAGE: Drainage on the site flows from north to south. The most significant offsite drainage flow enters property from the north. This offsite drainage will be conveyed around the subdivision using drainage swales. Post development onsite drainage will be conveyed through the streets. Onsite drainage will be discharged via channels to be constructed between lots in two locations along the south side and one on the west side of the subdivision. The project engineer has determined that drainage retention requirements can be met using the existing retention surplus on the golf course. GRADING: This site will be mass graded. The grading done during the development of the site will be for the building sites, streets and utility construction. The finished floor elevation of the homesites next to Vistoso Highlands Drive will be within 1 foot +1- of the elevation of the Vistoso Highlands Drive road surface. The Rancho Vistoso PAD grading standards applies to this project. No grading waiver will be required to develop this parcel. RECOMMENDATION: Staff recommends approval of the final plat, with the condition recommended in Exhibit "A", finding the plat to be in compliance with the Oro Valley General Plan, Medium High Density Residential development standards of the Rancho Vistoso PAD, and the Oro Valley Zoning Code Revised Final Plat requirements. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-98-10, Rancho Vistoso Neighborhood 11, Parcel AF, Lots 1-68 and Common Areas A & B, Final Plat with the condition attached as Exhibit "A". OR I move to approve OV 12-98-10, Rancho Vistoso Neighborhood 11, Parcel AF, Lots 1-68 and Common Areas A & B, Final Plat, with the condition attached as Exhibits "A" and the following added conditions: OR TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 3 of 4 I move to deny OV 12-98-10, Rancho Vistoso Neighborhood 11, Parcel AF, Lots 1-68 and Common Areas A & B, Final Plat, finding that: ATTACHMENTS: 1. Exhibit "A" - Conditions for Approval 2. Reduced copy of the Final Plat / i , / ,„ . Pl.., ing a- d Zoning Administrator :; - I .. i,a ' 1f, Coty De I•�•ment i rector o• r / ; ' . 440 Town Manag-r F:\ov\ovi2\1998\12-98-10\FPTC.RPT TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 4 of 4 EXHIBIT "A" TOWN COUNCIL CONDITIONS FOR APPROVAL OV 12-98-10 RANCHO VISTOSO NEIGHBORHOOD 11, PARCEL AF FINAL PLAT 1. If approved, all established conditions in the PAD Amendment for this project regarding the reduced 10- foot front setback for houses and 20-foot front setback for garages shall be stated in the general notes. 1 D10 86/01/60 JMO Idi-AV\1Vld\SZOB61\'N Ov Cm01 w �j R r 4 f.F 3 ~ $ F F- g Q J N 1f LA, i f lw ' g z 'g t' g•;pi. 0 iiii! 1 4 f 2P§ ix ' eV, P 2-n hl 4g, - ..g < p3 iii W ¢\ t� S Nr �� CZF �ZSUm�� , 5 & Op�RH .� cictCL O�t tyin r� r pZf 8 § ,nrz . r < O'm P g V.§ < `J PiZ . �}O O�� �o �&��U�S �a���i j �� }� SpP, � ...4�t�~ :p! C,)'4 1 0, ri 1Nd 5rAg2 WI. 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B , ix n c CD r CD r G�' 4•.• vi y� CJI'1/L, v� N 959 ti� m •�� � + z 8�l�ov f O• A o, S G m '� yhoi^ry 'te's s, / is It 8Z•sg r 2 - 4 3 1/ L _ t vi .t� toy. 048/N 3��� ,£9'£9.l t N O 4\j '44,,, 3 .8.. . 2�S —o -i M zF, M n ` ykh��6� •tjp��y .4%. N N n'= '620 - - th yn Y 1�� ,00'OOZ�a o U 9 sq '1-464 i1" co W f/ i ''r' _.. �. — C, N 158.51' 9 79.56' �, •. 1 Z N v a \IF i _ S01'30'00"E 298.42' m r� � t ,1,OZ ^to •W g • N rn •P r 9.i .�, t vl rm u:. 4 N FEE ir) n uW F n^ tom ,96,, .,,, g- “D m ', ir)n T.„ '1'01 g�u 7 �h ti^ N� N� ' .e i ,rs28 z Ti, s g i.[i S$ 4.00,008/S iUi OrO! 716pr• 1.0 i : Lz < W U 2 1.0 U P:1.1)NK h .!� Ivo• * T.V.._ -,,,,, mar TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR& COUNCIL FROM: David G. Hook, P.E. Water Utility Director SUBJECT: Direction to Town Staff Regarding Selection of Preferred Option for Alternative Water Resources SUMMARY: Over the last few months, the Water Utility Commission (Commission) has held discussions regarding Alternative Water Resources (AWR). At its regular meeting on 10-12-98, staff presented the Commission with a summary of the information and data available from recent studies and correspondence. Staff also presented a matrix summarizing the cost and schedule of the available short term options (refer to Attachment #1). These four options are those that can be implemented in the near term and can compliment other options that will be considered for the long term. After much discussion, the Commission concluded that Option B is the preferred option most appropriate to pursue at this time. The costs are favorable, the schedule is doable, it accomplishes the goal of removing golf courses from groundwater and provides prompt resolution to the challenge of meeting ADWR's regulatory conservation requirement. Additionally, it is consistent with the recommendations of the Water Supply Alternatives report. The Commission felt that none of the other three options should be totally removed from the table, but set aside without further devotion of resources at this time. It was acknowledged that if either the cost or schedule for any of the options changed significantly from that discussed, then the preferred status of Option B would need to be re-evaluated. The joint study session held on 10-26-98 with the Commission yielded additional considerations for and clarifications of certain aspects to achieve the desired results of removing turfed areas from groundwater. Suggestions for consideration included an alternative route of bringing infrastructure from Pima County's Ina Road treatment plant into Oro Valley, ensuring that the infrastructure is designed with maximum flexibility that will allow future options to be successfully implemented, obtaining any available outside funding and researching the feasibility of providing AWR to all turfed areas including schools and parks. As discussed, staff will clarify the infrastructure included in Pima County's proposal and research how other communities have gained control of their effluent. The remaining three options (A,B & D) were also briefly discussed in terms of cost, feasibility and potential revenue that may be produced to offset the costs. In addition, it was noted that control of storm water may play an important role in addressing water issues of the Town in years to come. FISCAL IMPACT: The fiscal impact of a recommendation to commit staff resources and outside professional resources to pursue in-depth negotiations on a specific option is estimated to cost less than$10,000. TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 COMMISSION RECOMMENDATION: At their meeting on 10-12-98, the Commission unanimously approved the following motion on this matter: I move to forward to the Mayor & Council at the forthcoming study session, based on the information available to date, a recommendation that the Town pursue detailed negotiations and research regarding Option B on the attached matrix as the best project for implementation in the near term. Further, I move that a response to the city's counterproposal be prepared along the lines that, while the Mayor & Council wish to resolve issues between the City and Town, the complexity of the issues will preclude the Town from achieving such resolution in the near term and that the Mayor & Council must pursue other options available to address the immediate A WR needs of the community. STAFF RECOMMENDATION: Staff fully supports the recommendation of the Commission and respectfully requests that staff be given direction to: 1. Respond to the City of Tucson's counterproposal as suggested by the Water Utility Commission. 2. Aggressively pursue Option B as the preferred alternative for implementation in the near term. 3. Ensure maximum flexibility in the design of Option B infrastructure to fit future conditions. 4. Evaluate cost effectiveness of providing capacity for all turf uses. 5. Monitor the status of Options A,C & D in the event one becomes viable. 6. Report back to Mayor& Council quarterly with clarification and progress updates. SUGGESTED MOTION: I move to direct staff to prepare a response to the City of Tucson counterproposal and pursue Option B as per staff recommendations #1-6 above. Or I move to direct staff to prepare a response to the City of Tucson counterproposal and pursue Option B with the following modifications Or I move that there be no direction to staff at this time. ATTACHMENTS: 1. Matrix of Options, dated 10-12-98 _oczet". 4td4 ".' : tility Dire r Town Manag Co z V )N T"' c I z O 0 Q •CO N-"" C a.a) CD +- a) Q t0 O _ a • a) CD Cf) C Lf) 0- W CL CL (L ,, t ,� LQ < < < > aC LU W Wk W >- }- >- >- .3 ,t...- o _ IC) IC) in LC) CU c v U 0 0 0 0 0 E4- CJS I— I-- I— I— a) j d- co d- co o cv w L U o > C 2 a) M -05m :: cv co tz LL a) a) N co 0 - cn Co U �. Cu c0 a) co W 0 0 0 0 C CU C J F--- I— I— I— I— ° o 0 1-15 ° D co 0 `N 0 M N- j CD 0 0 coCOOOC cv a) W Ea Ea N- 0 w Ea o0 - c = Z Co a. CD OCD= 4-LUp - > Ci M . .. I CO C ~ ° o o � Z I- v a) Co: o Q Z .0 a3 o I- W 77 -D o o (l) 2 N a) = L 0 2 2 Ewa) 0J W W o cv C o LL � F—Cn � � CD a 1,'-- _ 0 >' >-i 2 3 o s Q W Cn 2 (/) ,D N .�V 2 x a W z ° � Lo W W E to to W 0 2 >- ° ca Q Q a) a o .Q I— Z --J 0 2 u) c E-- CL 0 0 W <7 -2 o C a) o Q Q 0 W 2 __j W O o _c cn Z = W W - U f- 0 0 CC) Ct J W CD >` cum ›... m W (J) W 0 >-' .n E U m o. m m � p w W 0 V V C < IL W > ..._, O J F moaD = u- W > Z < < Q c22 � c O - �• 0 0 > � o ° ° Ca Q c coO) mm X Q Z 0 Q Cr a" Et_' cv 2cCo F- c" UUUU Q > a) 2 Q Q Q m 0 oo . . z r- NM4 TOWN OF ORO VALLEY 7 COUNCIL COMMUNICATION MEETING DATE: November 4, 1998 TO: HONORABLE MAYOR & COUNCIL FROM: Kathryn Cuvelier, Town Clerk SUBJ: AMERICAN CANCER SOCIETY'S GREAT AMERICAN SMOKEOUT SUMMARY: At the request of Vice Mayor Parisi, attached is a proclamation designating Thursday, November 19, 1998 as The American Cancer Society's Great American Smokeout. ATTACHMENT: Mayor's Proclamation SUGGESTED MOTION: 1 move to approve the Mayor's Proclamation designating November 19, 1998 as the American Cancer Society's Great American Smokeout. C 1 et441(1,1; Kathryn uvelier, Town Clerk Chuck S eet, Town Manager 0Ae 6,ide tAff,iolt Oro 14alleti Arpona O 4, I rodamation AMERICAN CANCER SOCIETY'S GREAT AMERICAN SMOKEOUT NOVEMBER 19, 1998 "QUIT FOR TODAY....COMMIT FOR LIFE" WHEREAS, the American Cancer Society's Great American Smokeout encourages smokers to quit, and WHEREAS, increasing numbers of children are experimenting with a product that can produce lifetime addiction with an increased risk of cancer, and WHEREAS, more Americans die every year from tobacco-related diseases than from AIDS, alcohol, car accidents,fires, illegal drugs, murders, and suicides combined, and WHEREAS,youth-related promotions such as the Great American SmokeScream and the Great American Smokeout Pledge encourage youth not to start smoking, and WHEREAS, the health benefits of not smoking are substantiated and well known, NOW, THEREFORE, I Paul H. Loomis, Mayor of the Town of Oro Valley, Arizona, by virtue of the authority vested in me, do hereby proclaim Thursday, November 19, 1998 as THE AMERICAN CANCER SOCIETY'S GREAT AMERICAN SMOKEOUT day in this town, and in doing so, urge all smokers and smokeless tobacco users to demonstrate to themselves and our children that they can quit and to further encourage our children not to start smoking by joining the American Cancer Society's Great American Smokeout. PASSED AND ADOPTED this 4th day of November, 1998. ATTEST: Paul H. Loomis, Mayor Kathryn E. Cuvelier, Town Clerk