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MINUTES ORO VALLEY TOWN COUNCIL SPECIAL SESSION NOVEMBER 10, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE

Executive Sessions - Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes 38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.

SPECIAL SESSION AT OR AFTER 6:00 PM

CALL TO ORDER

Mayor Winfield called the meeting to order at 6:05 p.m.

ROLL CALL

Present:	Joseph C. Winfield, Mayor
	Melanie Barrett, Vice-Mayor
	Tim Bohen, Councilmember
	Harry Greene, Councilmember
	Joyce Jones-Ivey, Councilmember (attended via Zoom)
	Josh Nicolson, Councilmember
	Steve Solomon, Councilmember

PRESENTATIONS

Presentation and Introduction of Executive Search Firm for Town Manager Recruitment

Human Resource Director Andy Votava gave a brief overview of the executive search firm process and introduced Ms. Heather Renschler, President and CEO of Ralph Anderson & Associates. Ms. Renschler attended the meeting via Zoom.

Ms. Renschler provided an overview of Ralph Anderson & Associates and of the selection process.

SPECIAL SESSION AGENDA

DISCUSSION AND POSSIBLE ACTION ON TWO SEPARATE ITEMS REGARDING PROPOSED CHANGES TO THE ORO VALLEY MARKETPLACE, LOCATED AT THE SOUTHWEST CORNER OF TANGERINE AND ORACLE ROADS. THE ITEMS INCLUDE:

ITEM C: ORDINANCE NO. (O)22-05: PLANNED AREA DEVELOPMENT (PAD) AMENDMENT
ITEM D: REVISED MASTER DEVELOPMENT PLAN/CONCEPTUAL SITE PLAN
(Continued from the November 2, 2022 regular Council meeting)

Principal Planner Michael Spaeth started the presentation and included the following:

November 2, 2022 Public Hearing
Item C: PAD Amendment

Ms. Kari Silvyn of Lazarus and Silvyn continued the presentation and included the following:

The Team
Development Area 1
Tangerine Road Heights
Development Area 2 - Hotel
Development Area 2 - Apartments
Development Area 2 - Retail/Restaurant
Development Area 3
Development Area 4
Revised Conditions
Oro Valley Village Center
Economic Impact: Nov. 2022
Economic Impact: Feb. 2022 proposal
Oasis Park

Discussion ensued amongst Council, staff, Ms. Silvyn and the applicant, Mr. Horvath, regarding Special Session item #1.


				Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to amend the motion on the table from the November 2nd meeting and substitute that motion with the applicants' proposed conditions as submitted to Council on November 10, 2022, and striking condition #7, no senior care uses are permitted on the property, and incorporating the conditions agreed to by the applicant. Applicants Proposed Conditions as submitted 11-10-22: 1. All structures associated with apartment development in Area 1 shall be 2 and 3-stories as shown on the plans, and buildings shall not be any closer to Tangerine Road than currently represented. All 2-story multi-family buildings within area 1 shall be limited to 29 feet inclusive of architectural features. All 3-story multi-family buildings within area 1 shall be limited to 39 feet, inclusive of architectural features. 2. The hotel in development area 2 shall be located as shown on the revised plans dated November 10, 2022 (south of the drive through restaurant use), and the 49’ plus 10’ for architecture is only permitted for a hotel use. The applicant agreed to the following condition: The additional 10 feet of height for architectural features for the Tangerine Road Hotel is limited to the Porte Cochere/Entry area of the hotel. a. If apartments are approved for Area 2, the apartments are permitted to be 3-stories, but limited to 39 feet inclusive of architectural features and will be not closer to Tangerine Road than currently represented. b. If Area 2 is to be developed without a hotel or apartments, Area 2 can be retail/restaurant as shown on the approved Development Plan along with one drive through not subject to a CUP, but subject to the staff traffic review as stated in the PAD amendment. 3. In development area 4, the 49’ plus 10’ for architectural feature height allowance is permitted for hotel use only. 4. One hotel in the project must receive a certificate of occupancy prior to the certificate of occupancy being issued for any apartments. 5. Regarding the two buildings proposed in the northeast portion of development area 3, the following restrictions apply: a. If only retail is viable, then retail/restaurant shall be permitted. b. If hotel or multi-family is viable, then the building must have retail/restaurant within first-floor space(s), with either multi-family or hotel permitted using part of the first floor and then on the remaining floors. c. The 49’ plus 10’ for architectural features height allowance is permitted for only the mixed retail/restaurant and either hotel or multi-family use. 6. The portions of the Entertainment District area that must be constructed in a form accepted by the Town and in place prior to certificate of occupancy for any apartment development are those required to fulfill the Town Code open space recreational requirement for the apartments. Developer may apply for an economic incentive agreement with the Town to facilitate the additional amenity construction within the Entertainment District. 7. ~~No senior care uses are permitted on the property.~~ 8. Architectural features for hotel(s) may comprise no more than 20% of the roofline as viewed from any 1 side, except for parapet walls used only to screen mechanical equipment. 9. All amenities shown within the Entertainment District will be part of the public/private partnership and a separate agreement with the Town, which could include public engagement by the Town OF ORO VALLEY citizens to identify the amenities per that agreement. 10. Revise Condition #14 first sentence to state: “The Area 2, Option B (Apartments) must include an open space/dog park/ramada/playground and other small outdoor active amenity space (not including a pool) to reflect amenities within Area 1.”

				Discussion ensued amongst Coucil, staff, Ms. Silvyn, and Mr.Horvath regarding the substitute motion as amended by Councilmember Solomon.
				Vice Mayor Barrett requested an amendment to require that the hotel in area 4 must receive a certificate of occupancy prior to the certificate of occupancy being issued for any apartments in area 4. Councilmember Solomon accepted the amendment, seconded by Councilmember Greene. Discussion continued amongst Council, staff, Ms. Silvyn and Mr. Horvath.
				Mayor Winfield requested an amendment to the motion to leave in condition #7, no senior care uses are permitted on the property. Councilmember Solomon accepted the amendment, Councilmember Greene did not accept the amendment. Discussion continued regarding senior care uses as defined in condition #7. Mayor Winfield requested an amendment to leave in condition #7, no senior care uses are permitted on the property. Councilmember Solomon accepted the amendment, seconded by Councilmember Greene. Vice Mayor Barrett requested an amendment to include the language "open to the public" in condition #5b. Councilmember Solomon accepted the amendment, seconded by Councilmember Greene. Vice Mayor Barrett requested an amendment to Condition #5c to include the language, "the 49' plus 10' for architectural features height allowance is permitted for hotel use only in development area 3". Councilmember Solomon did not accept the amendment. Vice Mayor Barrett requested that condition #8, #7 from Attachment 1 - Conditions of Approval, as provided on November 10, 2022, be stricken. This amendment was not accepted by Councilmember Solomon and Councilmember Greene. Vice Mayor Barrett requested that condition #10 be stricken from the motion. Councilmember Solomon did not accept the amendment. Councilmember Bohen requested clarification on condition #9 from Mr. Rothschild. Mr. Rothschild stated the following language should be utilized for condition #9: All amenities shown within the Entertainment District will be subject to a separate agreement with the Town, which will include public engagement by the Town of Oro Valley citizens to identify the amenities per that agreement. Councilmember Solomon agreed to the amendment, seconded by Councilmember Greene.


				Motion by Councilmember Steve Solomon, seconded by Councilmember Harry Greene to amend the motion on the table from the November 2nd meeting and substitute that motion with the applicants' proposed conditions as submitted to Council on November 10, 2022, and to include the following amendments as stipulated by Council. Applicants proposed conditions: 1. All structures associated with apartment development in Area 1 shall be 2 and 3-stories as shown on the plans, and buildings shall not be any closer to Tangerine Road than currently represented. All 2-story multi-family buildings within area 1 shall be limited to 29 feet inclusive of architectural features. All 3-story multi-family buildings within area 1 shall be limited to 39 feet, inclusive of architectural features. 2. The hotel in development area 2 shall be located as shown on the revised plans dated November 10, 2022 (south of the drive through restaurant use), and the 49’ plus 10’ for architecture is only permitted for a hotel use. The applicant agreed to the following condition: The additional 10 feet of height for architectural features for the Tangerine Road Hotel is limited to the Porte Cochere/Entry area of the hotel. a. If apartments are approved for Area 2, the apartments are permitted to be 3-stories, but limited to 39 feet inclusive of architectural features and will be not closer to Tangerine Road than currently represented. b. If Area 2 is to be developed without a hotel or apartments, Area 2 can be retail/restaurant as shown on the approved Development Plan along with one drive through not subject to a CUP, but subject to the staff traffic review as stated in the PAD amendment. 3. In development area 4, the 49’ plus 10’ for architectural feature height allowance is permitted for hotel use only. 4. THE HOTEL IN AREA 4 in the project must receive a certificate of occupancy prior to the certificate of occupancy being issued for any apartments IN AREA 4. 5. Regarding the two buildings proposed in the northeast portion of development area 3, the following restrictions apply: a. If only retail is viable, then retail/restaurant shall be permitted. b. If hotel or multi-family is viable, then the building must have retail/restaurant OPEN TO THE PUBLIC within first-floor space(s), with either multi-family or hotel permitted using part of the first floor and then on the remaining floors. c. The 49’ plus 10’ for architectural features height allowance is permitted for only the mixed retail/restaurant and either hotel or multi-family use. 6. The portions of the Entertainment District area that must be constructed in a form accepted by the Town and in place prior to certificate of occupancy for any apartment development are those required to fulfill the Town Code open space recreational requirement for the apartments. Developer may apply for an economic incentive agreement with the Town to facilitate the additional amenity construction within the Entertainment District. 7. No senior care uses are permitted on the property. 8. Architectural features for hotel(s) may comprise no more than 20% of the roofline as viewed from any 1 side, except for parapet walls used only to screen mechanical equipment. 9. All amenities shown within the Entertainment District will be subject to ~~the public/private partnership and~~ a separate agreement with the Town, which ~~could~~ WILL include public engagement by the Town OF ORO VALLEY citizens to identify the amenities per that agreement. 10. Revise Condition #14 first sentence to state: “The Area 2, Option B (Apartments) must include an open space/dog park/ramada/playground and other small outdoor active amenity space ~~(not including a pool)~~ THAT IS COMMENSURATE to reflect amenities within Area 1.”, MINUS THE POOL AND INDOOR CLUBHOUSE.

Vote: 6 - 1 Carried

OPPOSED:

Councilmember Tim Bohen


				Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Harry Greene to approve the Revised Master Development Plan/Conceptual Site Plan, subject to the conditions in Attachment 1, Item D, subject to the conditions in the applicants' proposed conditions, as amended, and approved in item C, based on a finding it is in conformance with all applicable General Plan and Zoning Code requirements Attachment 1 - Conditions of Approval Item D – Revised Master Development Plan/Conceptual Site, Landscape and Recreation Area Plans 8. Transfer of ownership from Arizona Department of Transportation and the Town of Oro Valley to parties affiliated with Oro Valley Marketplace must be accomplished prior to issuance of any building or grading permits in areas where development is planned within existing public rights of-way. 9. Evaluate and eliminate gaps in pedestrian serving lighting along the pedestrian route leading from the Tangerine Apartments and along the building frontages adjacent to Tangerine Road to the Entertainment District in order to ensure a continuous level of safety. [ADDED BY COMMISSION] 10. Significant changes, as determined by the PZA, to the Entertainment District requires reconsideration by Town Council. 11. Pedestrian level safety lighting must be installed within the Entertainment District and along the CDO Multi-use path in accordance with Oro Valley Code and current IESNA standards to ensure acceptable levels, distribution and type of lighting as determined by the Planning and Zoning Administrator and Town Engineer. At a minimum, the CDO Multi-use path pedestrian level lighting must be provided continuously along the south side of the Tangerine Apartments to the connecting pedestrian path leading to the development area south of Water Harvest Way. [ADDED BY COMMISSION] 12. All pedestrian crosswalks on Water Harvest Way not located at a traffic signal intersection shall be improved with raised pedestrian tables and safety measures that trigger driver awareness (e.g. reflectors, lighted crosswalk signs, etc.) as determined by the Town Engineer. All existing speed tables shall be removed to accommodate new ones at required pedestrian crossings. 13. A continuous and direct pedestrian connection and associated improvements must be provided to link the southern edge of the Oracle Road inline grouping of retail buildings (Best Buy, Tuesday Morning etc.), Oracle apartments and the adjacent building pad to the south (Red Lobster etc.). 14. The Area 2, Option B (Apartments) must include a pool, clubhouse, and dog park to reflect amenities provided in Area 1. The wall depicted in this option adjacent to Water Harvest Way (shown as “Retaining Wall”) is required and must be a minimum of 6’ in height to deter pedestrian traffic. Further, a row of cacti or other similar vegetation containing thorns, spines or sharp leaves shall be provided adjacent to the inside portion of the wall. The Master Development Plan shall be updated accordingly subject to Planning and Zoning Administrator and Town Engineer approval.

Vote: 6 - 1 Carried

OPPOSED:

Councilmember Tim Bohen

ADJOURNMENT


				Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene the adjourn the Special Session at 8:15 p.m.

Vote: 7 - 0 Carried

_________________________________________
Michelle Stine, MMC
Deputy Town Clerk

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 10th day of November 2022. I further certify that the meeting was duly called and held and that a quorum was present.

_____________________________________
Michael Standish, CMC
Town Clerk