MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
October 5, 2016
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
 
REGULAR SESSION AT OR AFTER 6:00 PM

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
Brendan Burns, Councilmember
Bill Garner, Councilmember
Joe Hornat, Councilmember
Mary Snider, Councilmember
Mike Zinkin, Councilmember

PLEDGE OF ALLEGIANCE

Mayor Hiremath led the audience in the Pledge of Allegiance.

UPCOMING MEETING ANNOUNCEMENTS

Economic Development Manager Amanda Jacobs announced the upcoming Town meetings and events.

COUNCIL REPORTS

Councilmember Zinkin reported that he attended the National League of Cities' 2016 University Leadership Summit where participants focused on their role as an agent of change and innovation in their communities.

Councilmember Snider reported that the Amphitheater Governing Board had selected Innovation Academy as the name for the new Amphitheater Science, Technology, Engineering and Mathematics (STEM) School scheduled to open in Oro Valley for the 2017-18 school year.

Councilmember Snider introduced Ironwood Ridge High School Senior and Youth Advisory Council Historian, Patrick Klass. Mr. Klass will be attending Town Council meetings in order to report the information to the Youth Advisory Council.

Vice Mayor Waters reported that on October 3rd, he and Councilmember Hornat attended the ribbon cutting for Aeromar's inaugural international commercial airline service from Mexico to Tucson International Airport (TIA). Mr. Waters acknowledged many groups for their diligence in re-establishing nonstop and direct air service into Mexico from TIA.

Mayor Hiremath reported that he attended the iHeart Radio Oro Valley Music Festival held on October 1 and October 2, 2016. He said the turnout was great and the event generated a tremendous positive economic impact through out the region.

Vice Mayor Waters reported on the Community Conversation on Distracted Driving event that took place September 22, 2016. Mr. Waters also announced that he will be attending the Look! Save a Life press conference on October 7, 2016.

DEPARTMENT REPORTS

Town Clerk Mike Standish announced that new artwork was on display in the Council Chambers by artist Cita Scott.

Water Utility Director Philip Saletta reported on the following three major activities of the Water Utility:

- Water Rates Analysis
- Inter-Governmental Agreement (IGA) regarding the Central Arizona Project (CAP) delivery and protecting and preserving the ground water 
  aquifer
- Regional cooperation with Metro Water and Marana Utilities regarding long term delivery of the CAP water

INFORMATIONAL ITEMS

ORDER OF BUSINESS

Mayor Hiremath reviewed the order of business and stated the order would stand as posted.

CALL TO AUDIENCE

No comments were received.

PRESENTATIONS

1.

Proclamation - Domestic Violence Awareness Month


Proclamation

Mayor Hiremath proclaimed the month of October, 2016 as Domestic Violence Awareness Month in the Town of Oro Valley.

Victim Services Director for the Pima County Attorney's Office Laura Penny, accepted the proclamation on behalf of Pima County Attorney Barbara LaWall.

CONSENT AGENDA

A.

Minutes - September 21, 2016


9-21-16 Draft Minutes

B.

Resolution No. (R)16-49, authorizing and approving an amendment to the FY 2016/17 adopted budget to increase the number of transit operators in the Transit Division budget


(R)16-49 Transit Operators

C.

Appointment to the Stormwater Utility Commission (SWUC)


Application

MOTION: A motion was made by Councilmember Zinkin and seconded by Vice Mayor Waters to accept Consent Agenda items (A - C).

MOTION carried, 7-0.

REGULAR AGENDA

1.

PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SAKURA SUSHI, LOCATED AT 12125 N. ORACLE RD. #105


Sakura Sushi Liquor License

Mr. Standish presented item #1.

Mayor Hiremath opened the public hearing.

No comments were received.

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to recommend approval of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Yiu Lau for Sakura Sushi, located at 12125 N. Oracle Road #105.

MOTION carried, 7-0.

2.

PUBLIC HEARING AND POSSIBLE ACTION ON REQUESTS RELATED TO THE PROPOSED NAKOMA SKY SENIOR LIVING FACILITY LOCATED AT THE SOUTHEAST CORNER OF 1ST AVENUE AND NARANJA DRIVE:

A. GRADING EXCEPTION TO ALLOW CUTS AND FILLS GREATER THAN 12 FEET

B. CONCEPTUAL SITE PLAN, LANDSCAPE PLAN, AND RECREATION AREA PLAN

C. CONCEPTUAL ARCHITECTURE


Attachment 1 - Conditions of Approval

Attachment 2 - Location Map

Attachment 3 - Tentative Development Plan

Attachment 4 - Architectural Rezoning Conditions

Attachment 5 - Applicants Submittal

Attachment 6 - General Plan

Attachment 7 - Zoning Map

Attachment 8 - Grading Exception Request

Attachment 9 - Grading Exception Analysis

Attachment 10 - Design Principle Analysis

Attachment 11 - November 2015 Modified Architectural Concept

Attachment 12 - Proposed Architecture Composite

Attachment 13 - Resident Email

Attachment 14 - CDRB Staff Reports

Attachment 15 - CDRB Minutes

Attachment 16 - PRAB Staff Report

Attachment 17 - PRAB Minutes

Principal Planner Chad Daines presented item #2 and outlined the following:

- Purpose
- Location
- Site Plan/ Landscape Plan
- Tentative Development Plan
- Item A - Grading Exception
- Item B - Grading Exception
- Item B - Site Plan/ Landscape Plan
- Item B - Senior Care Requirements
- Item B - Separated Pedestrian Access ways
- Item B - Recreation Plan
- Item B - Recreation Area Plan (Private Amenities)
- Item C - Current Architectural Concepts
- Item C - Architectural Details
- Summary & Recommendation

Discussion ensued amongst Council and staff regarding the proposed Nakoma Sky Senior Living Facility.

Keri Silvyn, of Lazarus, Silvyn & Bangs, P.C. and representing the applicant, gave a brief presentation on the reduction in massing and height of the proposed Nakoma Sky Senior Living Facility and discussed the following items:

- Grading Exception
- Proposed Conceptual Architecture
- Conceptual Site Plan, Landscape Plan and Recreation Area Plan

Discussion continued amongst Council, staff and Ms. Silvyn regarding the proposed Nakoma Sky Senior Living Facility.


Mayor Hiremath opened the public hearing.

The following individual spoke in favor of item #2.

Oro Valley resident Bill Niehaus

Mayor Hiremath closed the public hearing.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to approve the Nakoma Sky Senior Living Facility Grading Exception, subject to the conditions in Attachment 1.

                                                        Attachment 1 - Conditions of Approval
                                                    Nakoma Sky Senior Living Facility OV1601351

Planning Conditions

1.    The Grading Exception is limited as described and depicted on Attachment 8. The site shall conform to all other   
       requirements relating to grading provided in the Nakoma Sky PAD and Zoning Code.

2.    All cut slopes shall be treated with a restorative aging agent and revegetated to reflect existing native vegetation. All
       areas of disturbance shall be recontoured to mimic existing grades and revegetated to reflect existing native vegetation. All
       graded areas shall be treated with an approved dust control method as provided in the Zoning Code.

3.    A non-motorized public access easement over the public trail in the easternmost wash shall be dedicated as part of the
       Final Plat.

4.    All plan sets shall be amended to reflect the sidewalks, pathways and trails as depicted on the Conceptual Site Plan.

5.    The Transit Stop shall be constructed in conjunction with the development of the commercial portion of Nakoma Sky
       (Development Areas G/F) or at the time the Town of Oro Valley extends transit service north of First Avenue to the
       Nakoma Sky Property, whichever occurs first.

6.    Pursuant to the Zoning Code, a waiver is granted to eliminate the pedestrian access ways to the lower level of the parking
       structure wet of the main apartment building and to eliminate the pedestrian access ways to the parking structure north
       of the main apartment building.

7.    The Community Park shall be completed as approved by the Town Council (except for the single unisex/family restroom)
       by the third anniversary of the Final Certificate of Occupancy for the apartment buildings and prior to construction of any
       future residential phase of the Nakoma Sky development. If a second phase of residential development proceeds within
       three years of the Final Certificate of Occupancy issuance, the Community Park may be constructed simultaneously with
       the second phase of residential construction and must be completed by the final Building Permit issuance for the second
       phase of residential construction.

       The Single family restroom associated with the Community Park shall be required to be constructed at such time as a 
       sewer line has been constructed in the street that will provide access to the residential units in the eastern portion of
       Development Area A and the residential units in Development Area A are being developed.   

       Nakoma Sky shall provide the Town appropriate assurances (such as a bond) for the Community Park at the time of the
       Final Certificate of Occupancy for the main campus apartment building. The assurances shall be released at the time of
       substantial completion of the Community Park excluding the restroom. Town staff may determine assurances are not 
       required at the time of Final Certificate of Occupancy if the Community Park is 25% complete. A public access easement
       over the community park and trailhead area shall be dedicated on the Final Plat.

MOTION carried, 6-1 with Councilmember Zinkin opposed.

MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to approve the Nakoma Sky Senior Living Facility Conceptual Site Plan (including waiver of separated pedestrian access ways), Landscape
Plan and Recreation Area Plan, subject to the conditions in Attachment 1.

                                                                        Attachment 1 - Conditions of Approval
                                                                   Nakoma Sky Senior Living Facility OV1601351

Planning Conditions

1.    The Grading Exception is limited as described and depicted on Attachment 8. The site shall conform to all other   
       requirements relating to grading provided in the Nakoma Sky PAD and Zoning Code.

2.    All cut slopes shall be treated with a restorative aging agent and revegetated to reflect existing native vegetation. All
       areas of disturbance shall be recontoured to mimic existing grades and revegetated to reflect existing native vegetation. All
       graded areas shall be treated with an approved dust control method as provided in the Zoning Code.

3.    A non-motorized public access easement over the public trail in the easternmost wash shall be dedicated as part of the
       Final Plat.

4.    All plan sets shall be amended to reflect the sidewalks, pathways and trails as depicted on the Conceptual Site Plan.

5.    The Transit Stop shall be constructed in conjunction with the development of the commercial portion of Nakoma Sky
       (Development Areas G/F) or at the time the Town of Oro Valley extends transit service north of First Avenue to the
       Nakoma Sky Property, whichever occurs first.

6.    Pursuant to the Zoning Code, a waiver is granted to eliminate the pedestrian access ways to the lower level of the parking
       structure wet of the main apartment building and to eliminate the pedestrian access ways to the parking structure north
       of the main apartment building.

7.    The Community Park shall be completed as approved by the Town Council (except for the single unisex/family restroom)
       by the third anniversary of the Final Certificate of Occupancy for the apartment buildings and prior to construction of any
       future residential phase of the Nakoma Sky development. If a second phase of residential development proceeds within
       three years of the Final Certificate of Occupancy issuance, the Community Park may be constructed simultaneously with
       the second phase of residential construction and must be completed by the final Building Permit issuance for the second
       phase of residential construction.

       The Single family restroom associated with the Community Park shall be required to be constructed at such time as a 
       sewer line has been constructed in the street that will provide access to the residential units in the eastern portion of
       Development Area A and the residential units in Development Area A are being developed.   

       Nakoma Sky shall provide the Town appropriate assurances (such as a bond) for the Community Park at the time of the
       Final Certificate of Occupancy for the main campus apartment building. The assurances shall be released at the time of
       substantial completion of the Community Park excluding the restroom. Town staff may determine assurances are not 
       required at the time of Final Certificate of Occupancy if the Community Park is 25% complete. A public access easement
       over the community park and trailhead area shall be dedicated on the Final Plat.

MOTION carried, 7-0.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Garner to approve the Nakoma Sky Senior Living Facility Conceptual Architecture.

MOTION carried, 6-1 with Councilmember Zinkin opposed.

3.

DISCUSSION AND POSSIBLE ACTION ON REQUESTS RELATED TO A PROPOSED ASSISTED LIVING AND MEMORY CARE FACILITY LOCATED AT 9005 N. ORACLE ROAD

A. CONCEPTUAL SITE PLAN, LANDSCAPE PLAN AND RECREATION AREA PLAN

B. CONCEPTUAL ARCHITECTURE


Attachment # 1 Condition of Approval

Attachment # 2 Location Map

Attachment # 3 Applicant Submittal

Attachment # 4 General Plan

Attachment #5 Zoning Map

Attachment # 6 Parking Study

Attachment # 7 CSP Design Principles

Attachment # 8 CA Design Principles

Attachment # 9 Neighborhood Meeting Notes

Attachment # 10 Balloons

Attachment # 11 Support Letter

Attachment # 12 CDRB Staff Report

Attachment # 13 - CDRB Minutes

Principal Planner Chad Daines gave an overview of the proposed Assisted Living and Memory Care Facility that included the following:

- Purpose
- Item A - Conceptual Site Plan and Landscape Plan
- Item 2 - Architectural Concept
- Item B - Conceptual Architecture
- Surrounding Development
- View impacts from western residential area
- View impacts from residential area to the west
- Public Participation
- Summary & Recommendation


Discussion ensued amongst Council and staff regarding item #3.

CA Ventures, Senior Vice President of Development, Matt Booma, gave an overview of the following:

- Oro Valley Senior Living
- Building Elevations


Discussion ensued amongst Council, staff and Mr. Booma regarding the proposed assisted living and memory care facility.

MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Zinkin to approve the Conceptual Site Plan (including waiver from separate resident walkways), Landscape Plan and Recreation Area Plan subject to the condition in Attachment 1.

                                                                    Attachment 1
                                                             Oro Valley Senior Care
                                                  Conceptual Site Plan and Landscape Plan
                                                             Conditions of Approval

Engineering 

     1.  Address all minor, technical redlined comments within the attached Conceptual Site Plan (CSP) and Conceptual
          Landscape Plan (CLP). Provide a comment response letter and return all redlined originals to the Town of Oro Valley.
          (Zoning Code Section 22.9.D.2.a)

MOTION carried, 7-0.

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Zinkin to approve the Conceptual Architecture.

MOTION carried, 7-0.

4.

DISCUSSION AND POSSIBLE DIRECTION TO STAFF TO REVIEW POLICY REGARDING COUNCILMEMBER’S TRAVEL EXPENDITURES FOR CONFORMANCE TO BUDGET


Councilmember Hornat presented item #4.

Discussion ensued amongst Council and staff regarding Councilmember's travel expenditures for conformance to budget.

Town Council directed staff to work with Councilmember Hornat to revise the Town Council Policy No. 3, titled Councilmember Travel and Trip Reports and return to Council for review and possible action in February 2017.

5.

MOTION TO REMOVE THE FOLLOWING ITEM FROM THE TABLE: DISCUSSION AND POSSIBLE DIRECTION REGARDING THE TOWN’S INVOLVEMENT IN THE OVERLOOK RESTAURANT LOCATED AT 10555 N. LA CANADA DRIVE, INCLUDING THE POSSIBILITY OF CONTRACTING THE SERVICES OR CLOSING THE RESTAURANT


MOTION: A motion was made by Councilmember Snider and seconded by Vice Mayor Waters to deny removing item #5 from the table.

MOTION carried, 4-3 with Councilmember Burns, Councilmember Garner, and Councilmember Zinkin opposed.

6.

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE TOWN'S INVOLVEMENT IN THE OVERLOOK RESTAURANT LOCATED AT 10555 N. LA CANADA DRIVE, INCLUDING THE POSSIBILITY OF CONTRACTING THE SERVICES OR CLOSING THE RESTAURANT
(This item is only necessary if the motion to remove the item from the table is successful)


This item was not discussed due to the failure of removing the item from the table at item #5.

7.

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE COMMUNITY ELEMENTS OF PHASES II AND III FOR THE AQUATICS CENTER


Councilmember Burns presented item #7.

Discussion ensued amongst Council and staff regarding the Community Elements of Phases II and III for the Aquatics Center.

Town Council directed that this item be discussed during Council's Strategic Planning Session in 2017.

FUTURE AGENDA ITEMS

No future agenda items were requested.

CALL TO AUDIENCE

No comments were received.

ADJOURNMENT

MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to adjourn the meeting at 8:02 p.m.

MOTION carried, 7-0.