MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
February 20, 2008
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 7:00 PM

CALL TO ORDER - at 7:02 p.m.

ROLL CALL

PRESENT:
Paul Loomis, Mayor
Al Kunisch, Vice Mayor
K.C. Carter, Council Member
Barry Gillaspie, Council Member
Helen Dankwerth, Council Member
Paula Abbott, Council Member

EXCUSED: Terry Parish, Council Member

PLEDGE OF ALLEGIANCE

Mayor Loomis led the audience in the pledge of allegiance.

UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER

Assistant Town Manager Jerene Watson reviewed the upcoming meetings and events.

COUNCIL REPORTS - No reports.

DEPARTMENT REPORTS - No reports.

TOWN MANAGER’S REPORT - No report.

INFORMATIONAL ITEMS

Mayor Loomis congratulated Nancy Ellis with the Parks and Recreation department on a job well done for their efforts in cleaning up a trail along the Cañada Del Oro Wash.

ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING

CALL TO AUDIENCE - No speakers.

PRESENTATION: Presentation from the U.S. Department of Energy Clean Cities Program to the Town of Oro Valley for its commitment to reduce petroleum consumption

Mayor Loomis presented Town Engineer Craig Civalier with a certificate from the U.S. Department of Energy’s Clean Cities Program for the commitment to reduce petroleum consumption. He stated that this was presented by the Pima Association of Governments (PAG).

1.

CONSENT AGENDA


Item M was pulled by Council Member Abbott for discussion.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Dankwerth APPROVE the Consent Agenda with the exception of Item M.

MOTION carried, 6-0.

A.

Minutes - January 16 and January 23, 2008


B.

Building Safety Activity Report - January 2008


C.

Coyote Run Monthly Transit Report - January 2008


D.

Economic Development Division Monthly Report - January 2008


E.

Metropolitan Tucson Convention & Visitors Bureau Semi-Annual Report: July - December 2007


F.

Northern Pima County Chamber of Commerce Quarterly Report: October 1, 2007 - December 31, 2007


G.

Public Safety Fire and Emergency Medical Service Providers Quarterly Report - October 1, 2007


H.

Resolution No. (R)08- 04 Approval of an Intergovernmental Agreement with Pima County/Pima Regional Special Weapons and Tactics Team to allow continuation of Oro Valley’s participation in the Pima Regional SWAT Team for a term of 5 years


I.

Resolution No. (R)08- 05 Granting a Right -of -Way Easement to Tucson Electric Power Company (TEP)  for the purpose of extending electrical service for the Water Facility to be located at 420 E. Pusch View Lane, Oro Valley, Arizona


J.

Resolution No. (R)08- 06 Accepting the bid and award of contract to N.A.C. Construction for $1,987,952.95 for the Canada Del Oro Linear Park: La Canada Drive to First Avenue, Project No. OV 30 02/03 08


K.

OV12-05-23A Approval of an 18 month time extension effective March 1, 2008 - May 20, 2009 of a development plan for "Big Horn Commerce Centre" to accommodate the planned Arizona Department of Transportation (ADOT) Oracle Road widening project and to coordinate with ADOT on traffic-related issues. This project is located east of Oracle Road and south of North Rams Field Pass


L.

OV12-05-24 Approval of a final plat for four residential attached single-family townhomes known as the Shadow Mountain Estates III subdivision, located two parcels south of Calle Concordia on the west side of Oracle Road


M.

OV12-04-09 Approval of a final plat for 33 single-family lots on 35.77 acres - La Canada Ridge subdivision, located on the west side of La Canada Drive, just south of Moore Road (PULLED FOR DISCUSSION)


N.

OV12-04-30I Approval of a development plan for Chase Bank at Oro Valley Marketplace, located within Rancho Vistoso Neighborhood 4 at the southwest corner of the Tangerine and Oracle Road intersection, Lot 25


O.

OV12-07-11 Approval of a development plan for the Garden Gate, located on the east side of Oracle Road and south of Calle Diamante


P.

Appointment of Robert W. Milkey to the Oro Valley Water Utility Commission with term effective February 20, 2008 through June 30, 2008


Council Member Abbott stated that she could not support Item M.

MOTION: A motion was made by Council Member Dankwerth and seconded by Vice Mayor Kunisch APPROVE Item M.

MOTION carried, 5-1 with Council Member Abbott opposed.

2.

PUBLIC HEARING - ORDINANCE (O)08- 03 ADOPTING ARTICLE 3-4 OF THE ORO VALLEY TOWN CODE ENTITLED "PROCUREMENT"


Procurement Administrator Brian Garrity presented the proposed amendments to

the Town Code regarding procurement.

 

Mayor Loomis opened the public hearing at 7:10 p.m. There being no speakers,

he closed the public hearing.


MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott ADOPT Ordinance (O) 08-03 Adopting Article 3-4 of the Oro Valley Town Code entitled "Procurement" with the additional condition that the Town Procurement Administrator return to the Town Council within one year with a report on the status of the Procurement Code with any suggestions for improvement that may have been identified.

MOTION carried, 6-0.

3.

PUBLIC HEARING CONSIDERATION AND POSSIBLE APPROVAL OF AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SAFFRON INDIAN BISTRO LOCATED AT 7607 N. ORACLE ROAD, #101


Mayor Loomis opened the public hearing at 7:13 p.m. There being no speakers, he closed the public hearing.

MOTION: A motion was made by Vice Mayor Kunisch and seconded by Council Member Dankwerth APPROVE the issuance of the Series 12 Liquor License to the Arizona State Liquor Board for Mr. Saurabh Sareen at Saffron Indian Bistro loacated at 7607 N. Oracle Road, #101.

MOTION carried, 6-0.

4.

PUBLIC HEARING - ORDINANCE NO. (O)08- 04 OV9-06-03 ADOPTING A REZONING REQUEST BY THE PLANNING CENTER REPRESENTING TARIQ KHAN FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF TANGERINE ROAD AND LA CHOLLA BOULEVARD FROM R1-144 TO R1-20 AND C-N Explanation: Applicant Tariq Khan, represented by The Planning Center, requests approval of a rezoning of property to accommodate a 68 lot single-family residential subdivision and a neighborhood commercial area on the northwestern 10 acres of the property, at the corner of Tangerine Road and La Cholla Boulevard.


Bob Conant of the Planning Center represented the applicant and presented the request.  

Mayor Loomis opened the public hearing at 7:32 p.m.

 

Oro Valley resident and Wilson Elementary School liaison Nancy Martin thanked the developer for working with the residents. She stated that she wanted to remind Council of a letter dated May 9, 2003 submitted to Council by Wilson Elementary School Principal Adrian Hannah. She stated that the letter supported the Town’s 1996 General Plan and cited additional restrictions. She noted drainage issues on Glover Road as well as the zoning were issues of safety for the school children. She thanked Town Engineer Craig Civalier and his staff for the traffic light at Glover Road and La Cholla Boulevard and for their cooperation with the Ironwood Homeowners Association to set street lights so as to minimally impact the residents. She commented that the school children were in support of the Naranja Town Site and that they want a pool.

 

Mayor Loomis closed the public hearing at 7:35 p.m.


MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott ADOPT with conditions Ordinance (O) 08-04, rezoning of approximately 70.42 acres, located on the southeast corner of Tangerine Road and La Cholla Boulevard, from R1-144 to C-N and R1-20, with the conditions as listed in Exhibit B:
1. All future development shall maintain the setbacks, buffer yards and site coverage boundaries as indicated on the Tentative Development Plan.
2. The C-N commercial zoning boundary shall conform to the General Plan land use map. All aspects of the commercial development shall be contained within the boundaries of the commercially-zoned area.
3. A pedestrian connection shall be provided between the two recreation areas.
4. All Standard Conditions per Resolution 90-21 for Non-PAD rezoning shall apply.

With the additional conditions:
1. Lighting on the back of the office retail facing lots 44, 45 and 46 is restricted to no higher than 10 feet.
2. Use is restricted as specified in the letter of May 9, 2003 from the Amphitheater School District sub-paragraph 1.
    a. Prohibit hotels, motels, drive through restaurants, rehabilitation centers/halfway houses, 24 hour convenience stores, manufacturing of products involving toxic materials, gas stations, automotive tire sales, and big box retailers over 35,000 square feet.
    b. 25 feet height restriction.
    c. No access of commercial development onto and limited future residential access on to Glover Road.
    d. 100 foot buffer zone adjacent to Wilson K-8 School.
    e. No apartment developments.
    f. 150 foot setback on La Cholla/Tangerine deveolpments.

MOTION carried, 6-0.

5.

OV12-06-23 REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR A TEN LOT SUBDIVISION KNOWN AS THE "ENCLAVE AT DESERT SKY" LOCATED AT 9797 NORTH DESERT SKY ROAD Explanation: The site is zoned R-4 Townhome District. The site consists of 2.08 acres or 90,721 square feet. Maximum building height for this zone is twenty-five feet. Ten lots are proposed with an average lot size of 6,406 square feet.


Dan White of Physical Resource Engineers presented the details of the  preliminary plat.  

Tom Bailey of T.D.B. Builders stated the following:
~The request to build two story homes had been reduced to a total of three.
~He wanted the right to choose which lots the two story homes would be built.
~The homes would range from 2,000 to 2,400 square feet.
~"Empty nesters" were the demographic they were appealing to.
 

Mayor Loomis opened the floor for public comment at 8:04 p.m.

 

Oro Valley resident Michael Commerlond stated that when he bought his home,

he expected that the lot would be developed with a total of three single story

homes rather than ten homes. He stated that two story homes would eliminate all

views.

 

Oro Valley resident Jim Weill stated that he would be happy if the homes were

single story homes. He noted that if the homes were two stories, it would invade

his privacy.

 

Oro Valley resident Nathan Adler stated that he concurred with the previous

speakers and added only that this project would be catastrophic to the

neighborhood.

 

Oro Valley resident and realtor Kathy Baldauf stated that in her professional

opinion, two story homes would negatively impact property values. She noted that a portion of the value of her home was the view of Pusch Ridge from her back patio.  She stated that she would be willing to work with the builder.

 

Oro Valley resident and Vice President of Desert Sky Club Homeowners’ Association Bruce Stahmer stated that his neighborhood was negatively impacted by another development by poor drainage. He noted that the retention ponds are inadequate for the area as water floods not only the roads but the surrounding homes.

 

Mayor Loomis closed the floor at 8:19 p.m.

 

Mayor Loomis called for a recess at 8:25 p.m. The meeting resumed at 8:32 p.m.


MOTION: A motion was made by Council Member Gillaspie and seconded by Vice Mayor Kunisch APPROVE the preliminary plat for Enclave at Desert Sky, as requested by Tom Bailey of T.D.B. Builders, represented by Physical Resource Engineering, OV12-06-23 with conditions as stipulated by Staff with the additional condition that as per Section 22-6 B 2,3, and 4 of the Oro Valley Zoning Code Revised which specifies that the proposed development shall not have a detrimental effect upon the general health, safety and welfare or persons and under number 3, that the proposed development shall promote a desirable relationship with structures to one another, to the open spaces and topography and to the site and number 4 the height, area and setbacks and overall mass as well as parts of any structure and landscaping shall be appropriate to the development. Therefore restrict the two story buildings to lots 1, 8 and 10.

MOTION carried, 6-0.

6.

OV12-07-01 REQUEST FOR APPROVAL OF A DEVELOPMENT PLAN/PRELIMINARY PLAT FOR "INNOVATION COMMERCE CAMPUS" LOCATED AT THE NORTHWEST CORNER OF RANCHO VISTOSO BOULEVARD AND VISTOSO COMMERCE LOOP Explanation: The zoning is Rancho Vistoso Planned Area Development Campus Park Industrial (CPI) and is approximately 15.23 acres. Professional office and industrial uses are proposed.


Kim Acorn of Psomas and Acorn and Associates presented the request on behalf of Anthem Equity.  

Mayor Loomis opened the floor for public comment at 9:12 p.m.

 

Oro Valley resident Naida Carlson stated that her home has been surrounded with commercial development, devaluing her home. She stated that the loading docks were within 75 feet of her home.

 

Oro Valley resident Sandra Hoy-Johnson stated that the construction of this property will negatively impact her home and community. She asked Council to require the builder to build the taller buildings at lower elevations and the shorter buildings at the higher elevations. She requested that loading docks and trash bins be screened by a solid wall.

 

Oro Valley resident James Lomas stated that he wanted the taller buildings along Vistoso Commerce Loop.

 

Oro Valley resident Camille McKeever stated that her quality of life and home value will be negatively impacted. She noted that a lot of concessions have been made by the builder; however, the building height was still a problem.

 

Mayor Loomis closed the floor at 9:28 p.m.

 

Mr. Acorn noted that:
~Loading docks would operate Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.
~The site had CC & R’s that clearly define emissions, lighting and many other details.


MOTION: A motion was made by Mayor Loomis APPROVE OV12-07-01, Anthem Equity, preliminary plat and development plan for Innovation Commerce Campus with the conditions as listed in Exhibit A. Motion failed due to lack of second.

MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to continue this item to the next meeting.

Council Members requested the following:
~That 36 foot poles be placed where buildings 11, 12, 13 and 14 would be erected for a visual reference.
~S
take the dock areas behind buildings 11, 12, 13 and 14.
~Schedule a site tour for residents to see how the area will look.  

MOTION carried, 5-1 with Mayor Loomis opposed.

7.

FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)


Council Member Gillaspie requested an update via memo from the Legal department and/or the Public Works department regarding an ordinance for vehicle noise, specifically commercial trucks.   

Council Member Dankwerth requested an update via memo from Parks and Recreation Director Ainsley Reeder regarding an ordinance for model airplanes at the Naranja Town Site.

CALL TO AUDIENCE - No speakers.

ADJOURNMENT

MOTION: A motion was made by Council Member Carter and seconded by Vice Mayor Kunisch to adjourn at 9:40 p.m.

MOTION carried, 6-0.