July 14, 2010

CALL TO ORDER -at 5:00 p.m.


Satish Hiremath, Mayor
Bill Garner, Vice Mayor
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
Lou Waters, Councilmember

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Hornat to go into Executive Session at 5:00 p.m.

MOTION carried, 7-0.

Mayor Hiremath stated that the following would attend Executive Session for Item 1: Chief Civil Deputy Joe Andrews and Human Resources Director Betty Dickens.
He stated that the following would attend Executive Session for Item 2:  Chief Civil Deputy Joe Andrews, Town Clerk Kathryn Cuvelier, Interim Town Manager Jerene Watson, Interim Assistant Town Manager Stacey Lemos and Assistant to the Town Manager Kevin Burke.



Pursuant to ARS 38-431.03(A)(1) for discussion or consideration of the possible appointment of a Town Manager


Pursuant to ARS 38-431.03(A)(1) discussion with Town Attorney for legal advice relating to annexations

MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Snider to go out of Executive Session at 6:15 p.m.

MOTION carried, 7-0.


CALL TO ORDER - at 6:32 p.m.


Satish Hiremath, Mayor
Bill Garner, Vice Mayor
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
Lou Waters


Discussion regarding Oro Valley Town Code section 10-3-1 prohibition on Air Soft guns

Click here for Study Session Item 1

Chief Civil Deputy Attorney Joe Andrews presented the item. He stated that it was brought to Staff’s attention that Council and the citizens did not necessarily desire this ordinance.

Mayor Hiremath opened the floor for public comment.

Oro Valley resident Lee Sauder stated that this law was for a problem that did not exist. He explained that the youth in Oro Valley had played with these items for years and it had not been a problem. He noted that the guns could not be compared to a BB gun as the projectile did not carry the same weight. He stated that he preferred to return to the previous ordinance. He noted that the Oro Valley Police Department could handle this issue administratively as they had before. He suggested that a caveat could be added to require that a safe distance from residences be maintained and that the debris be removed.

Vice Mayor Garner stated that the guns were not prohibited; however an incident occurred where an officer was dispatched and the Town Code came in to question. He noted that no one had been cited under the previous or current Code and that there was never a prohibition on air soft guns and that they could be used on private property. He stated that the issue began when the debris landed on someone else’s property.

Discussion ensued regarding:
~A person must be over the age of eighteen to use air soft guns
~The new wording states "air soft guns" to clarify that the ordinance was applicable to these devices
~Whether Council should be involved in this issue
~Mr. Sauder was an Assistant Scout Master
  *The children in his development played with air soft guns in common areas outside the development
~Children should not be charged with a misdemeanor
~The Oro Valley Police Department did not have input to the revised ordinance
  *Research conducted by the department, after the fact, showed that there had not been a problem
  *The complaint was that children were in the wash shooting BB guns when they were actually shooting air soft guns
~A person cited under the age of eighteen would be charged with a misdemeanor and sent to Juvenile court; if the person was over the age of eighteen, they would be sent to Magistrate court
~A person in the wash or a common area would not need permission to be there; it would not be a trespassing issue.
  *The common areas of Homeowners’ Associations that have signs stating, "No Trespassing," enable officers to enforce that policy.
    -The person trespassing must be told that they cannot be there; if that is not conveyed then there is nothing the police can do until the trespasser has been informed otherwise
~Nuisances could be handled under other provisions
~The original ordinance did not state "air soft" specifically, which is the difference between the previous and the current ordinances
~Other statutes could be used to address the reckless use of air soft guns
~The new law states that air soft guns shall be treated as BB guns 

Mayor Hiremath stated that if there was not a problem to begin with, a return to the previous verbiage was likely warranted.

Councilmember Snider requested that staff return with the original wording.



Councilmember Gillaspie requested that Discussion and Action regarding the Town Manager’s contract be placed on the July 21, 2010 Town Council Regular session agenda.  The item was seconded by Councilmember Solomon.


Mayor Hiremath adjourned the Study Session at 6:58 p.m.


CALL TO ORDER - at 6:58 p.m.


Satish Hiremath, Mayor
Bill Garner, Vice Mayor
Barry Gillaspie, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
Lou Waters

Planning and Zoning Commission:
Clark Reddin, Chair
John Buette, Commissioner
D. Alan Caine, Commissioner
Mary Caswell, Commissioner
Robert LaMaster, Commissioner
Robert Swope, Commissioner


Environmentally Sensitive Lands (ESL) Project Overview and Introduction of Draft Zoning  Elements

Click here for Joint Study Session Item 1

Conservation and Sustainability Manager Bayer Vella presented the item.  He stated that the purpose of the Environmentally Sensitive Lands (ESL) was rooted in the Town’s 2005 General Plan. He highlighted three of seventy-five policies:
1) Declaration that the Town needs to improve its consevation of natural, cultural, scenic and hillside resources.
2) Declaration to create a comprehensive system for ESL to address these resources 
3) Support and implement the Sonoran Desert Conservation Plan

He stated that the purpose was two-fold:
~Entailed new regulations for resource preservation
~Refinement of existing zoning regulations and maintain compliance with the General Plan
  *Riparian Habitat Overlay District
  *Tangerine Road Scenic Corridor
  *Oracle Road Scenic Corridor
  *Cultural Resource Standards
  *Hillside Development Standards

He noted that the ESL process was currently ready to implement policies. He stated that the advisory committee had produced an ordinance with two branches:
~One branch was for compliance with the Sonoran Desert Conservation Plan and natural resources preservation and applied to rezonings only
~The second branch consisted of other types of resources that were currently addressed in the Zoning Code
He noted that the reasons for the separate approaches were due to the limitations set by current statutes and a matter of fairness and that the two were distinguished by process.

Mr. Vella reviewed the ESL Open Space Categories:
~Sonoran Desert Conservation Plan
  *Mapping was conducted by Pima County in 2001
  *Resource Categories:
    -Riparian 95% 
    -Bio Core 80%
    -Multiple Use 66%

He reviewed the ESL Conservation Standards:
~Wildlife Linkage 100%
~Critical Resource 95%
~Core Resource 80%
~Resource Management Areas (RMA) 66% 

It was noted that the map was not supportive of human needs and the growth expectations in the General Plan
thus they tried to take the Resource Science map and merge it with a Future Growth map.

He reviewed the Flexible Design Standards:
~Town Council discretion
~Building Heights
~Development Process
~Native Plant Salvage
~Mixed Use
~Lot Size and Density

He noted that the list was a work in progress and that they were working in conjunction with the Southern Arizona Home Builders Association.

He stated that the Arroyo Grande annexation required clustered development which was prohibited by the Town’s Zoning Code. He noted that the incentive for builders to make the lots smaller was that they could charge premiums for larger lots and there would be fewer roads and fewer utilities to accommodate. 

He stated that the Scenic Resource Category was divided into tiers:
~Tier I - Tangerine and Oracle Roads
  *Have existing overlay districts
~Tier II - First Avenue and La Cholla Boulevard
  *New stipulations require the preservation of vegetation within fifty feet of the road 
~Tier III - La Canada Drive, Moore Road, Rancho Vistoso Boulevard, Naranja Drive, Palisades Road, Lambert Lane, Linda Vista Road, Calle Concordia and Hardy Road
  *Design guidelines are optional

It was noted that the General Plan listed the aforementioned roads for scenic resource protection.

General Plan Compliance and Fiscal Balance:
~Applicable to rezoning
~No increase to review time
~Flexibility and conservation design
~Reduced infrastructure costs
~Natural resources and property values 

Mr. Vella listed the next steps for the ESL:
~Public comment and review during July 2010
  *Open house for residents
  *Developer forum
  *Property owner forums
  *Planning and Zoning Commission and Town Council Study Session
~Public Hearings during August and September 2010
  *Planning and Zoning Commission
  *Town Council

Discussion noted the following:
~ESL would not require that additional open space be set aside
~Open space has been set aside for Arroyo Grande
~The ESL open space system did not apply to Arroyo Grande
~Responsibility for maintaining the open space will be subject to pre-annexation discussions.

Discussion ensued regarding:
~Important to ensure that in the future, a developer would not be subjected to the stipulations again 
~Flexibility and allowances were made so as not to encumber landowners
~Connectivity was a key element in this project
~Areas in Arroyo Grande have been designated as open space and will remain so
~The closer together the houses are the lower the cost for infrastructure

~The document has been developed over the course of the past two years
  *The plan would be to complete the project this Fall 

It was clarified that developers were consulted regarding the cost of salvaging plants and that currently plants need to be tagged. It was noted that ESL incorporated an exemption from salvaging plants from areas designated for development.

It was noted that an open house was scheduled for August 4, 2010. Councilmember Snider asked if another open house could be held when more people have returned from vacation. Mr. Vella stated he would look in to it.

Mr. Vella clarified the height restrictions for each tier:
~Tier I
  *The building height remains the same
~Tier II
  *Has a setback to building height ratio of 2 to 1
  *The further the building can be set back from the road the higher it can be built
  *Aside from the setback to building height ratio, it is a guideline approach
~Tier III
  *Design guidelines
  *Negotiate with the developer

It was noted that the following were efforts to negate the financial impact:
~Only apply the standards that involve rezoning
~Unprecedented flexibility in terms of how land is developed
~Opportunities for reduced infrastructure costs
~Additional site coverage for commercial development

He stated that the assessment was that the financial impact was neutral.

It was noted that currently there were no endangered species in this area; however there were several listed as vulnerable.

It was clarified that the Core Resource Areas represented vegetation that had higher value in terms of habitat due to the concentration of Ironwood trees.

Each resource category was assigned specific open space qualities:
~Major wildlife corridors permit hiking and roads only
  *The flexibility increases from this category      
~In certain areas, golf courses and playing fields will be permitted as it will not impede wildlife
  *This will meet the recreational requirements for Arroyo Grande
~Different tiers have different qualifications

~The majority of developers/owners that would not be subject to open space requirements could opt in for the incentives
~For unknown conditions such as land with cultural resources:
  *It would be required to survey the property
  *For significant resource discoveries, a treatment plan must be made
    -Per Town Code the treatment plan must be made within in a specific time frame for review
  *Development could continue in the area surrounding the discovery
~The ordinance would only apply to the Town limits
~All annexations require a pre-annexation agreement
  *During this process, provisions to retain certain criteria that Pima County offered may be requested by the citizens affected
    -The ESL would provide more flexibility to the citizens than Pima County offers currently
~The town is interested in open space that entails connectivity for habitats only 


MOTION: A motion was made by Councilmember Waters and seconded by Councilmember Hornat to adjourn at 8:06 p.m.

MOTION carried, 7-0.