MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
May 16, 2012
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION

CALL TO ORDER

Mayor Hiremath called the meeting to order at 6:00 p.m.

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Onita Davis, President of the Oro Valley American Legion Auxiliary Unit 132, led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Economic Development Manager Amanda Jacobs announced the upcoming Town meetings.

COUNCIL REPORTS

Vice Mayor Waters spoke about the Arts and Culture brainstorming session that was held yesterday and said that the session focused on what was wanted within the community regarding arts and culture.

DEPARTMENT REPORTS

Parks, Recreation, Library & Cultural Resources Director Ainsley Legner announced that the movie Hugo would be featured at James D. Kriegh park on Saturday at 7:00 p.m. on field #4.

Ms. Legner invited the public to attend the ribbon cutting for the Keg playground at James D. Kriegh park on Friday, June 1st at 9:00 a.m.

Management Assistant Catherine Vorrasi spoke on the aquatics center expansion project and encouraged everyone to become a "friend" by donating $250 or more. 
Contractor Simply Bits became a gold sponsor of the pool by donating five years of wireless service for the facility at a cost of approximately $50,000.

Arizona Swimming Association accepted the Town’s bid and the Town was awarded the 8 and under State Championship swim meet which was sheduled to be held in March, 2013.

Ms. Jacobs announced the next Oro Valley Concert Series would be held tomorrow, Thursday, May 17 at the Oro Valley Marketplace from 6:00 - 7:30 p.m. and will feature the group Retro Swing Seven.

CALL TO AUDIENCE

No comments were received.

ORDER OF BUSINESS

Mayor Hiremath stated that presentation #3 would be heard after regular agenda item #4.

INFORMATIONAL ITEMS

1.

Public Safety Providers Quarterly Reports - Third Quarter FY 2011/12 (Jan - Mar 2012)


Public Safety Providers Quarterly Reports - Third Quarter FY 2011/12 (Jan - Mar 2012)

PRESENTATIONS

1.

Proclamation - Oro Valley American Legion Auxiliary Poppy Days


Proclamation

Mayor Hiremath proclaimed May 25th through May 27th as Oro Valley American Legion Auxiliary Poppy Days.

Onita Davis, President of the Oro Valley American Legion Auxiliary Unit 132


spoke on the sacrifices made by our Armed Forces to preserve the freedom for all Americans and encouraged the public to support the members of our Armed Forces by wearing a red remembrance poppy this Memorial Day weekend.

2.

Presentation of Plaques of Appreciation to Mike Zinkin for his service on the Board of Adjustment from January 5, 2011 to March 31, 2012 and to Mark Napier for his service on the Planning and Zoning Commission from October 27, 2010 to March 31, 2012


Mayor Hiremath presented a plaque of appreciation to Mark Napier for his service on the Planning and Zoning Commission and to Mike Zinkin for his service on the Board of Adjustment.

CONSENT AGENDA

Councilmember Garner requested that item (F) be removed from the Consent Agenda for discussion.

A.

Minutes - March 7, April 4, April 18 & May 2, 2012


3/7/12 DRAFT Minutes

4/4/12 DRAFT Minutes

4/18/12 DRAFT Minutes

5/2/12 DRAFT Minutes

B.

Police Department Statistics - March 2012


OVPD Stats March 2012

C.

Appointment to the Tucson-Pima County Bicycle Advisory Committee


Application - Adam Wade

D.

Fiscal Year 2011/12 Financial Update through March 2012


Attachment A-General Fund

Attachment B-Highway Fund

Attachment C-Bed Tax Fund

Attachment D-Vacancy Savings Report

Attachment E-Summary All Funds

E.

Resolution No. (R)12-25, Amendment No. 1 to the Intergovernmental Agreement for the Provision of Animal Control Services between the Town of Oro Valley and Pima County


Reso 12-25

Amendment One

MOTION: A motion was made by Councilmember Garner and seconded by Councilmember Hornat approve Consent Agenda items (A)-(E).

MOTION carried, 7-0.

F.

Resolution No. (R)12-26, authorizing and approving a Financial Participation Agreement between the Town of Oro Valley and the Greater Oro Valley Chamber of Commerce (Chamber) (PULLED FOR DISCUSSION BY COUNCILMEMBER GARNER)


Reso 12-26

Chamber FPA 2012-13

Councilmember Garner requested clarification regarding the proposed changes to the Financial Participation Agreement.

MOTION: A motion was made by Councilmember Garner and seconded by Vice Mayor Waters to Approve Resolution No. (R)12-26, authorizing and approving a Financial Participation Agreement between the Town of Oro Valley and the Greater Oro Valley Chamber of Commerce with the following changes:

Add the following language to Section 2, item b.  THE FINAL DRAFT OF THE SHOP ORO VALLEY COUPON BOOK WILL BE COORDINATED BETWEEN THE CHAMBER PRESIDENT/CEO AND THE ECONOMIC DEVELOPMENT MANAGER.

Add the following language to Section 2, item c.  THE CHAMBER WILL HAVE 5 NEW OV DOLLARS CARD ACTIVATIONS EACH QUARTER.

Add the following language to Section 2, item d.  AND ANY OTHER ECONOMIC DEVELOPMENT RELATED MATERIALS AS DEEMED APPROPRIATE BY THE CHAMBER PRESIDENT/CEO AND ECONOMIC DEVELOPMENT MANAGER.

MOTION carried, 6-1 with Councilmember Gillaspie opposed.

REGULAR AGENDA

1.

PUBLIC HEARING: RESOLUTION NO. (R)12-27, APPROVING REQUEST FOR A CONDITIONAL USE PERMIT FOR A PROPOSED FRY’S GAS STATION IN THE MERCADO AT CANADA HILLS, NORTH OF THE NORTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE


Reso 12-27

Attachment 1 - PZC Conditions of Approval

Attachment 2 - PZC Conditions of Approval (Revised by Staff)

Attachment 3 - CDRB Conditions of Approval (Information Only)

Attachment 4 - 4/3/12 PZC Report

Attachment 5 - Applicant’s Submittal

Attachment 6 - Neighborhood Meeting Summary

Attachment 7 - Draft 4/3/12 PZC Minutes

Attachment 8 - Staff CUP Analysis

Attachment 9 -Opposition Letters 

Planning Manager David Williams gave an overview of the item and outlined the following:

-Proposed location
-Proposed Site Plan
-Public participation process
-Issues/concerns

Development and Infrastructure Services Director Paul Keesler discussed neighborhood traffic issues.

Staff recommended approval subject to the modified staff conditions.

Jeff Guyette, Fry’s Food Stores


gave an overview of the proposed Fry's gas station.

Mayor Hiremath opened the public hearing.

The following individuals opposed item #1.

John Musolf, resident


Ken and Debra Popelas, residents


Jim Harrison, resident


Donald Bristow, resident


Bill Adler, resident


Bill Paulos, resident


The following individuals supported item #1.

Larry Russell, Manager of Fry’s Food & Drug Store at Lambert Lane and La Cañada Drive


Richard Tracy, Sr., resident


Hugh Mosher, resident


Mayor Hiremath closed the public hearing.

MOTION:  A motion was made by Councilmember Solomon and seconded by Vice Mayor Waters to approve Resolution No. (R)12-27, approving a request for a Conditional Use Permit for a proposed Fry’s gas station in the Mercado at Canada Hills finding that the request meets the criteria for a Conditional Use Permit and subject to the conditions as modified and presented by staff and that the operation hours shall be from 5:00 a.m. to 11:00 p.m.

Exhibit A
Staff Modified Conditions
Fry’s Gas Station in the Mercado

3.  Total Merchandise display area may occupy no more than half the total facade length of the kiosk building MUST COMPLY WITH THE TOWN’S STANDARDS FOR OUTDOOR DISPLAY.
4.  Landscape planters must be provided at the north, west, and east elevations SIDES of the kiosk building.
8.  Provide a landscape buffer TREES on both sides of La Canada Drive as determined appropriate by staff.
9.  Limit hours of operation to 5 a.m. to 11 p.m.
10.  An attendant shall occupy the kiosk during hours of operation.
11.  Illumination shall meet IES standards for lighting or the Town’s minimum requirements, whichever is less.

MOTION carried, 7-0.

2.

REQUEST FOR APPROVAL OF CONCEPTUAL SITE PLAN AND CONCEPTUAL ARCHITECTURE FOR A PROPOSED FRY’S GAS STATION IN THE MERCADO AT CANADA HILLS, NORTH OF THE NORTHEAST CORNER OF LA CANADA DRIVE AND LAMBERT LANE


Attachment 1 - CDRB Conditions of Approval

Attachment 2 - CDRB Conditions of Approval (Revised by Staff)

Attachment 3 - CUP Conditions of Approval (Informational Only)

Attachment 4 - 4/10/12 CDRB Report

Attachment 5 Site Plan and Architecture

Attachment 6 - Architecture

Attachment 7 - Neighborhood Meeting Summary

Attachment 8 - Draft 4/10/12 CDRB Minutes

Attachment 9 - Opposition Letters

Mr. Williams gave an overview of the item and outlined the following:

-Location
-Conceptual Site Plan
-Circulation
-Landscape areas
-Conceptual Architecture

Staff recommended approval subject to staff modified conditions.

Jeff Guyette, Fry’s Food Stores


spoke on the staff modified conditions and requested that staff conditions #6 and #7 be removed.

Mayor Hiremath opened the floor for public comments.

The following individuals opposed item #2.

Tom Crozier, resident


Jim Harrison, resident


MOTION: A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to approve the Conceptual Site Plan for the proposed Fry’s gas station in the Mercado at Canada Hills directly north of the northeast corner of La Canada Drive and Lambert Lane subject to conditions in Attachment 2 Part 1 and deleting Planning Condition #6 , finding that the Conceptual Site Plan meets applicable design principles and standards.

Attachment 2
Conditions of Approval
Fry’s Gas Station at the Mercado

Part I: Conceptual Site Plan

Engineering:
1.  As currently designed, the access aisle for the accessible parking space is positioned within the P.A.A.L. Relocate the access aisle so that it does not require a disabled individual to load and unload within the an unprotected P.A.A.L. This can be accomplished in the following manner:

-Provide a sidewalk within the raised island located adjacent to the north side of the parking space. This will require that the island be widened to 6’ to fit a 5’-wide sidewalk.

-Extend the curb return to the east so that the bull nose lines up with the curb line to the north. Provide a 45 degree transition for access into the accessible parking space.

-Provide a 5’-wide crosswalk from the raised island to the kiosk area.

-Stripe the pavement on the west side of the accessible parking space as shown to delineate the vehicular path from the parking area. See redlines on sheet 1 for additional information.

2.  Provide an accessible route from within the boundary of the site that connects with the rest of the site and the public right-of-way.

3.  Provide appropriate sight visibility triangles (SVT’s) at PAAL intersections on the Conceptual Site Plan and the Conceptual Landscape Plan. Refer to the redlined Conceptual Site Plan drawings for locations and dimensions of SVT’s required for this project.

4.  Indicate the location of the proposed trash enclosure on the site plan.

Planning:

1.  A sidewalk shall be added to the northern and western elevations SIDES of the proposed restaurant.

2.  The Conceptual Site Plan shall be revised to indicate a six foot wide landscape/pedestrian area around the kiosk.

3.  Outdoor seating area that provides at least a shaded bench must be provided for the restaurant.

4.  A shared refuse storage area DUMPSTER with a six foot high screen wall TRASH ENCLOSURE must be provided in conjunction with the restaurant and located so that it would be shielded from view from the roadway by the future restaurant building.

5.  A note shall be added to the Conceptual Site Plan indicating that merchandising displays around the kiosk are limited to two feet wide.

6. Planters are required at the north, east, and west elevations of the kiosk building, and adjacent to the pumps.

7. If construction costs for Lots 3, Lot 8, and Lot 9 exceed $1,034,403, the applicant must submit a proposal for additional public art.

8. The Conceptual Site Plan PARKING CALCULATIONS must be revised to reflect 26
required parking spaces, and 20 provided spaces.

9. The five foot wide separation area between the restaurant and gas station should be lengthened and landscaped.

10. A ten foot wide landscape area must be included at ON the northern, southern, and western elevations SIDES of the proposed restaurant. For the kiosk, this requirement may be met by providing a six foot wide stamped concrete area around the building.

11. Four bicycle parking spaces located on Lot 9 in previously approved DP/Preliminary Plat must be included.

12. Final Site Plan must be incorporated into the previously approved Development
Plan/Preliminary Plat as an “Amended Development Plan,” and include a cover sheet, updated layout for the Mercado at Canada Hills Center, and updated parking analysis.

13. Additional information items must be added to the Final Site Plan, as noted in the March 9, 2012 comment letter and Conceptual Site Plan submittal checklist.

14. Final Site Plan must include an updated parking analysis and provided A REVISED open space CALCULATION for the Mercado at Canada Hills Center.

15. Final Site Plan must address comments from Golder Ranch Fire District dated February 29, 2012, and Oro Valley Water dated February 13, 2012.

16. An amended Final Plat must be submitted for revision of the location of the lot line between lots 8 & 9.

MOTION carried, 6-1 with Councilmember Garner opposed.

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to reconsider regular agenda item #1.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Gillaspie opposed.

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to remove the condition for planters by the pumps from the Conditional Use Permit and retain the planters around the kiosk.

MOTION carried, 5-2 with Councilmember Garner and Councilmember Gillaspie opposed.

MOTION:  A motion was made by Councilmember Solomon and seconded by Councilmember Hornat to approve the Conceptual Architecture for a proposed Fry’s gas station in the Mercado at Canada Hills directly north of the northeast corner of La Canada Drive and Lambert Lane subject to the conditions in Attachment 2, Part 2 and finding that the Conceptual Architecture meets applicable design principles and standards with the following modifications:  Strike Conceptual Architecture Condition #7 and clarify that there shall be no signage or logo on the west side of the canopy.

Attachment 2
Conditions of Approval
Fry’s Gas Station at the Mercado

Part 2:  Conceptual Architecture

1.  The projecting flags shall be replaced with another method for labeling pump number.

2.  A paint color for the gas station canopy roof shall be provided to minimize reflectivity and blend with the paint color of the side of the structure.

3.  The height of the architectural elements on the gas station canopy must be confirmed SHALL NOT EXCEED ONE (1) FOOT IN HEIGHT.

4.  Light Reflectivity Values shall be provided for all paint colors.

5.  Specifications for the slump block shall be provided to match the block of the existing Mercado at Canada Hills Center.

6.  ARCHITECTURAL ELEMENTS SHALL BE ADDED TO THE WEST AND EAST ELEVATIONS THAT ARE CONSISTENT WITH THE FEATURES ON THE NORTH AND SOUTH ELEVATIONS.

7.  TAPERED COLUMNS CONSISTENT WITH THE CENTER’S ARCHITECTURE SHALL BE INCORPORATED INTO THE GAS STATION CANOPY ARCHITECTURE.

MOTION carried, 6-1 with Councilmember Garner opposed.


Mayor Hiremath recessed the meeting at 8:05 p.m.

Mayor Hiremath reconvened the meeting at 8:14 p.m.

3.

EL CORREDOR PLANNED AREA DEVELOPMENT


A.

RESOLUTION NO. (R)12-28, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT ENTITLED EL CORREDOR PLANNED AREA DEVELOPMENT FOR 20 ACRES LOCATED ON THE NORTHEAST CORNER OF LINDA VISTA BOULEVARD AND ORACLE ROAD FOR HIGH DENSITY RESIDENTIAL AND COMMERCIAL/OFFICE USES


Reso 12-28

Attachment 2 - Exhibit "A" - PAD Document

MOTION: A motion was made by Councilmember Hornat and seconded by Councilmember Garner to Approve Resolution No. (R)12-28, declaring as a public record that certain document entitled El Corredor Planned Area Development for 20 acres located on the northeast corner of Linda Vista Boulevard and Oracle Road for High Density Residential and Commercial/Office uses.

MOTION carried, 7-0.

B.

PUBLIC HEARING: ORDINANCE NO. (O)12-07, APPROVING THE EL CORREDOR PLANNED AREA DEVELOPMENT FOR 20 ACRES LOCATED ON THE NORTHEAST CORNER OF LINDA VISTA BOULEVARD AND ORACLE ROAD FOR HIGH DENSITY RESIDENTIAL AND COMMERCIAL/OFFICE USES


Ord 12-07

Attachment 2 - Exhibit A - PAD Document

Attachment 3 - Conditions of Approval - PZC

Attachment 4 - April 24, 2012 PZC Report

Attachment 5 - Applicant’s Response to PAD Criteria

Attachment 6 - Table 23-1, Permitted Uses

Attachment 7 - 3/28/12 Neighborhood Meeting Summary

Attachment 8 - Resident Emails

Mr. Williams gave an overview of the item and outlined the following:

-Location
-Rezoning from C-1 to Planned Area Development (PAD)
-Development concept
-Conceptual Site Plan
-Future Transportation Improvements
-Public input process
-Agreements with neighbors
-PAD criteria conformance

Mike Grassinger of the Planning Center


gave an overview of the proposed El Corredor PAD.

Mayor Hiremath opened the public hearing.

The following individuals spoke in opposition to item #3.

Dan Zespy, resident


Gary Flynn, resident


The following individuals expressed concerns regarding item #3.

Maria Oertle, resident


Bill Adler, resident


Mayor Hiremath closed the public hearing.

Applicant Ross Rulney


gave an overview of the proposed El Corredor PAD.

MOTION: A motion was made by Councilmember Gillaspie and seconded by Councilmember Hornat to adopt Ordinance No. (O)12-07, approving the El Corredor Planned Area Development for 20 acres located on the northeast corner of Linda Vista Boulevard and Oracle Road for High Density Residential and Commercial/Office uses subject to the Conditions of Approval in Exhibit B and that one (1) convenience use with drive-through and one additional convenience use subject to a Conditional Use Permit shall be allowed.

Exhibit B
Conditions of Approval
El Corredor PAD
OV912-001

Planning Conditions

1. Address all redline comments, which include language "clean up" and edits rather than substantive edits.

2. All permitted and conditional uses in the C-1 (Development Area A) and R-6 (Development Area B) zoning districts, as shown in Table 23-1, Table of Permitted Uses, in Chapter 23 of the zoning code shall be enabled, with the following modifications:

     a. Development Area A (C-1)
         The following uses shall be added as permitted ("P") or conditional ("C"), as indicated:
               -Full service restaurant with alcohol-(P)
               -One (1) convenience use with drive-through-(P); additional convenience uses shall require a CUP
     b. Development Area B (R-6) 
         The following uses shall be added as permitted ("P") or conditional ("C"), as indicated:
               -Short term rental properties-(P)
               -Model homes-(P)
               -Temporary real estate offices-(P)
               -Restaurant, café or delicatessen as an accessory use to the multi-family residential, with or without alcohol-(C)

3. The design of the overflow trail parking shall be reviewed and approved by the Parks, Recreation, Library and Cultural Resources Department.

4. Buildings within 100’ of Oracle Road shall be limited to 18’ or 1 story

Engineering Traffic Impact Analysis (TIA) Conditions

1.  An updated Traffic Impact Analysis will be required with any future site plan submittal.

2.  Provide additional information related to recommend improvements that will be required along Linda Vista Boulevard and Oracle Road. This shall include preliminary geometric recommendations due to turn lane warrant and queuing analyses to be completed as a part of the TIA.

3.  Verify whether left-turn storage is required at that Oracle Road/Linda Vista Boulevard and Linda Vista Boulevard/Driveway 3 intersections, and if so, whether there is adequate spacing for back-to-back left turns and associated tapers.

4.  Provide additional information to address the south leg of the Pusch Ridge Christian Academy driveway. Indicate what improvements may be necessary to mitigate any safety concerns (e.g. crosswalk, signage, etc). Also, verify that the volumes created by the school have been incorporated within the functional volumes of the Oracle Road/Linda Vista Boulevard intersection improvements.

5.  Provide a level of service analysis for each traffic movement at the Linda Vista Boulevard/Oracle Road intersection; it was only provided for the overall intersection.

MOTION carried, 7-0.


Councilmember Garner was excused from the meeting at 9:38 p.m.

4.

PUBLIC HEARING: RESOLUTION NO. (R)12-29, APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE TOWN OF ORO VALLEY FOR THE FISCAL YEAR 2012/2013


Reso 12-29

Schedules

CIP Docs

Finance Director Stacey Lemos presented the item and discussed the following:

-FY 2012/13 Budget Timeline
-FY 2012/13 Final Budget

Mayor Hiremath opened the public hearing.

The following individuals spoke on the budget.

Joleen Meyer, resident

Sheryl Forte, resident

John Musolf, resident 

Bill Adler, resident 

Dave Perry, resident and President of the Greater Oro Valley Chamber of Commerce

Vera Shury, resident 

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember Solomon to approve Resolution No. (R)12-29, approving the adoption of the final budget of the Town of Oro Valley for the Fiscal Year 2012/13 and further Move to approve the Town of Oro Valley Capital Improvement Plan for FY 2012/13 through FY 2016/17.

MOTION carried, 6-0 with Councilmember Garner absent.

3.

Presentation of Plaques of Appreciation to Councilmember Barry Gillaspie for his service on the Oro Valley Town Council from June 4, 2004 to June 6, 2012 and to Councilmember Steve Solomon for his service on the Oro Valley Town Council from June 2, 2010 to June 6, 2012


Mayor Hiremath presented Plaques of Appreciation to Councilmembers Barry Gillaspie and Steve Solomon for their service on the Oro Valley Town Council.

FUTURE AGENDA ITEMS

Councilmember Gillaspie requested a future agenda item be placed on the June 20th Council agenda regarding an Economic Expansion Zone, seconded by Mayor Hiremath.

Mayor Hiremath requested a future agenda item regarding the Naranja Town Site, seconded by Councilmember Hornat.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Gillaspie to Adjourn the meeting at 10:25 p.m.

MOTION carried, 6-0.