Town Council Regular Session


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  Item # 1.       
Meeting Date: 04/17/2013  
Submitted By: Kevin Burke, Town Manager's Office
Department: Town Manager's Office  

Information
SUBJECT:
RESOLUTION NO. (R)13-17, REGARDING THE PRE-ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY (THE “TOWN”) AND TOHONO CHUL PARK, INC. (THE “OWNER”)
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Tohono Chul Park, Inc. is the owner of approximately 48.6 acres of real property, located at 7366 N. Paseo del Norte, in unincorporated Pima County. Tohono Chul Park and the Town desire that the property be annexed into the corporate limits of the Town and that future improvements to the property be developed as part of the Town. Annexation of the property by the Town will provide for high-quality development in the area, ensure orderly, controlled and quality growth and facilitate preservation of open space, sensitive habitat and cultural resources.

A.R.S. § 9-500.05 authorizes the Town to enter into development agreements with any real property owner to provide for the annexation and development of that property. This pre-annexation development agreement is a contract between the Town and Tohono Chul Park, Inc. that specifies the standards and conditions governing development of the property upon annexation into the Town. In return the Park agrees to sign a petition in support of the Town's pending Oracle and Ina annexation.
BACKGROUND OR DETAILED INFORMATION:
The attached pre-annexation development agreement is a standard legal agreement; however, it also contains a number of unique provisions regarding future improvements to the Tohono Chul Park property:

Section 2 - Annexation and zoning
The agreement states that the Town Council will consider concurrent adoption of this agreement and translational zoning to Planned Area Development (PAD). Tohono Chul Park representatives and Town staff worked collaboratively to develop a PAD for the property, which will be presented for public hearing before the Town Council as the next item on this agenda. The PAD provides for future development in accordance with the Park's master plan, and is recommended for approval by the Planning & Zoning Commission.

Section 8.g - Infrastructure. Northern Avenue Improvements
The agreement states that within one year the Town shall perform initial basic maintenance on Northern Avenue between Ina and Chapala Drive. Additionally, Town shall perform roadway and drainage improvements to the portion of Northern Avenue between Ina Road and Chapala Drive necessary to bring the roadway into compliance with Town pavement standards. Upon completion of the improvements, to occur no later than three (3) years following the date of annexation and subject to the availability of funds, the Town will accept that portion of the roadway into the Town’s road maintenance system. The Town's agreement to improve Northern Avenue has been a key element of negotiations with property owners in the annexation area.

Section 10.a - Development Fees and Credits
The agreement states that impact fees will not be required for improvements to the Property permitted under the PAD. Should the property owner institute a subsequent amendment to that PAD that is not consistant with the scope and mission of the Park, the property owner shall pay impact fees to the Town.

Section 12 - Identification Signs
The agreement states that the property owner may construct and maintain community identification signs in accordance with the Town’s sign code, rules and regulations or the PAD if the PAD provides for a specific sign program. The PAD does contain a specific sign program, the details of which are described under the next agenda item.

Section 17 - Cooperation, Marketing and Promotion
The agreement states that the Town and the Park will cooperate in good faith with each other to pursue the development of the Property as contemplated by this Agreement. The Town shall include the Park in reasonable future Town marketing, economic development, tourism and related promotional materials as a destination attraction, which may include Town participation in the development of joint signage on the Property. This provision is the cornerstone of the agreement between Tohono Chul Park and the Town of Oro Valley. The Park recognizes the numerous benefits of developing as a part of the Town, and the Town recognizes that Tohono Chul Park is a tremendous cultural asset that will enhance our community and reinforce the Oro Valley brand - It's in our nature!
FISCAL IMPACT:
 N/A
SUGGESTED MOTION:
 I MOVE to (adopt or deny) Resolution No. (R)13-17, REGARDING THE PRE-ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND TOHONO CHUL PARK, INC.
Attachments
(R)13-17 Pre-Annexation Development Agreement
Pre-annexation Agreement


    

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