Town Council Regular Session


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  Item # 2.       
Meeting Date: 09/20/2017  
Submitted By: Paul Keesler, Community Development & Public Works
Department: Community Development & Public Works  

Information
SUBJECT:
DISCUSSION AND DIRECTION TO THE APPLICANT, MONTERRA HILLS HOMEOWNERS ASSOCIATION (HOA), AND STAFF REGARDING THE DEDICATION OF AN UNNAMED WASH (224-01-196C) FROM PRIVATE TO PUBLIC THAT ALSO INCLUDES THE TRANSFER TO THE TOWN OF THE COMMON AREA PARCEL (224-01-196C) WEST OF MUSETTE DRIVE
RECOMMENDATION:
The Town Engineer recommends the Town Council direct the applicant and staff to satisfy the Conditions of Approval (Attachment B) for acceptance of the unnamed wash (224-01-196c) from private to public, as well as transfer to the Town the common area parcel (224-01-196c) west of Musette Dr., and return the item for formal acceptance at a later Council meeting.
 
EXECUTIVE SUMMARY:
Per the Town Code, Article 7-8-1, an entity may request that the Town consider acceptance of existing private streets, sidewalks, trails, drainage and utility easements as public domain. In this case, the Monterra Hills HOA is requesting that their private common area C (Pima County Parcel #224-01-196C) be accepted by the Town as a public drainageway. However, this drainageway cannot be accepted as public domain until the Town Council has formally accepted it by a public vote.

In addition, because the requested parcel (the blue area on Attachment A) is tied to the parcel just west of the Musette Dr. right-of-way (the green area on Attachment A), the HOA is willing to include this land (the green area on Attachment A) as a part of the overall dedication transaction. As a result, the Town will have the added responsibility to maintain the drainage east of Tangerine Terrace subdivision, but will also receive the added benefit of obtaining the land adjacent to Musette Dr.

Prior to final acceptance, the Town Code conditions and requirements would need to be met (see Attachment B - Conditions of Approval). Since there is a substantial amount of work and cost in satisfying the Town Code Conditions of Approval, this item is being brought to Council first as a request for direction. If the Council is in favor of accepting these parcels for public domain, then staff will work with the HOA to satisfy all required stipulations for the transfer. Once all requirements are met, this item will be returned to Council for formal public vote of acceptance.
 
BACKGROUND OR DETAILED INFORMATION:
The entire Monterra Hills area was annexed into the Town in 1994. The Monterra Hills plat was originally approved in the County on or around July 1988. This was a combination of a housing development, individual parcel, final plat and a block plat for future development. The original Monterra Hills block plat portion included the areas highlighted on Attachment A:
  • The area that now encompasses the Monterra Ridge subdivision - approved in the County, August 1994
  • The area that now encompasses the Monterra Hills II subdivision - approved in Oro Valley, May 1995
  • The area that now encompasses the Monterra Knolls subdivision - approved in Oro Valley, September 1997
  • The area that now encompasses the Tangerine Terrace subdivision - approved in Oro Valley, December 2004
  • The Musette Dr. right-of-way
  • The two parcels that are part of the current request
However, after all the subdividing and construction of the 4 new subdivisions listed above, Monterra Hills HOA still maintained ownership of the discontinuous areas of this current request:
  • The wash parcel (area highlighted by blue on attachment A)
  • The parcel west of Musette Dr. (highlighted by green on Attachment A).
The Monterra Hills HOA is requesting that the Town assume the responsibility of maintaining the unnamed wash west of Tangerine Terrace. In addition, the Monterra Hills HOA wishes to transfer ownership of Common Area C, west of the Musette Dr. right-of-way to the Town as well.

Staff concurs with this request for the following reasons:
  • The unnamed wash serves 3 separate subdivisions, none of which are Monterra Hills. Since multiple subdivisions are served by said wash, it’s within the public interest for the Town to manage its maintenance.
  • This transaction also includes ownership of the parcel west of the Musette Dr. right-of-way. While Musette Dr. is designated to be one of the main Naranja Park access drives, it currently passes closely to many residences within the Tangerine Terrace subdivision. By obtaining ownership to the requested parcel (the green area on Attachment A), the Town would be able to shift the park entrance road to the west, therefore moving it farther away from the currently affected residents of Tangerine Terrace.
FISCAL IMPACT:
No fiscal impact is anticipated for the care, maintenance and ownership of the parcel west of the Musette Dr. right-of-way (green area on Attachment A).

The wash will have some minor fiscal impact. Once it becomes public, the Stormwater Utility personnel will conduct an initial maintenance clean out. The cost of this initial cleanout will be aproximately $7,500. Then, approximately every 5 years, Stormwater Utility personnel will conduct routine maintenance and vegetation thinning. The cost of the routine maintenance will be $5,000 to $7,000, once every 5 years. 

The Stormwater Utility has capacity within its operating budget to accept this expenditure.
SUGGESTED MOTION:
I MOVE to direct the applicant, Monterra Hills Homeowners Association (HOA), and staff to satisfy the Conditions of Approval for the dedication of an unnamed wash (224-01-196c) from private to public, that also includes the transfer to the town the common area parcel (224-01-196c) west of Musette Dr. and return the item for formal acceptance at a later Council meeting.

or

I MOVE to deny the applicant's request to dedicate the unnamed wash (224-01-196c) from private to public, that also includes the transfer to the town the common area parcel (224-01-196c) west of Musette Dr.
Attachments
Attachment A - Location Map
Attachment B - Conditions of Approval


    

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