Area of Property: /- Existing Land Use: Vacant Proposed Land Use: Low Density. * If more than one, attach list Applicant *:

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1 TOWN OF ORO VALLEY DEVELOPMENT & INFRASTRUCTURE SERVICES DEPARTMENT N. LA CANADA DRIVE, ORO VALLEY, AZ PHONE: (520) FAX: (520) GENERAL APPLICATION FORM Office Use Only OV Case #: Application Type Major General Plan Amendment Rezoning/PAD Amendment Planned Area Development Conditional Use Permit Zoning Code Amendment Conceptual Site Plan Conceptual Public Art Conceptual Architecture Final Site Plan Conceptual Landscape Plan Final Plat Pre-Application Zoning Verification Sign Criteria Sign - PAD Exemption Master Sign Program Communication Facility Tier 1 and 2 Minor Communication Facility Major Revised Development Plan x Other Grading Exception Subject Property Information: Address: Parcel/Tax Code: G, , Subdivision / Commercial Center Name: Sanctuary at Silverhawke Book / Page or Sequence Number: Lot Number(s) Legal Description: Section/Township/Range: A portion of Section 6 T12S, T14E Area of Property: /- Ac. Existing Land Use: Vacant Proposed Land Use: Low Density Residential Applicant Information: * If more than one, attach list Applicant *: Name: Lisa Hoskin Firm: Meritage Homes Address: 3275 W. Ina Road, Suite 220 City: Tucson State: AZ Zip: Telephone: Fax: lisa.hoskin@meritagehomes.com Property Owner(s) if different from Applicant *: Name: James Kai Firm: Capri Co. LLC. Address: 6088 W Arizona Pavilions Dr. City: Marana State: AZ Zip: Telephone: Fax: jameskai@kaienterprizes.com Consultant: Planner (Discipline) Name: Paul Oland Firm: The WLB Group, Inc. Address: 4444 E. Broadway Blvd. City: Tucson State: AZ Zip: Telephone: Fax: gpoland@wlbgroup.com 1

2 Project Description/Narrative: Please see attached narrative and exhibits. I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property or the Owner's authorized representative, and if not the owner, I have obtained the owner's permission to perform stated work. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The approval of this application does not presume to give authority to violate or cancel the provisions of any other federal, state or local law for which this project may be subject to. Notice: It is the applicanuowner's responsibility to ensure all private rules and regulations (such as Covenants, Conditions & Restrictions (CC&R's)) of the subdivision and/or commercial center are adhered to. Contact your Home Owners Association or property management to determine applicable requirements. It is also the applicant's responsibility to coordinate with all outside agencies to secure their acceptance or clearance. Failu~~ o do so may delay issuance of permits. See attached list of agencies. A~?.~---- J - Paul Oland... 10/18/2016 / p, ficant's Signat;--e Print Name Date Important Note: All submittals received after 4:00 p.m. will be processed the next day Submittals will be rejected if: Not folded using Pima County fold & collated; There are missing items on the checklist unless otherwise approved by Planning Division Manager or Town Engineer. Re-submittals cannot be accepted without a transmittal and a written narrative summary describing the purpose of submittal.. 2

3 October 18, 2016 Bayer Vella, AICP Planning Administrator Town of Oro Valley N. La Canada Dr. Oro Valley, AZ Subject: Sanctuary at Silverhawke Narrative to Accompany Grading Exception Application WLB No J-002 Dear Bayer: This narrative accompanies an application requesting a Grading Exception for the Sanctuary at Silverhawke project. Please refer to the attached Exhibit A showing the location of the property subject to this Grading Exception Request. This narrative serves to summarize this request and provide responses to the five required findings per the Oro Valley Zoning Code, Section E Exceptions and Interpretation Review. Request This request for Grading Exception is to seek relief from the maximum cut and fill requirements of the Oro Valley Zoning Code at the project entrance located on 1st Ave. Section 27.9.E.1.a of the Oro Valley Zoning Code states the following: The maximum depth of a cut or fill shall not exceed six (6) feet measured vertically from the existing grade to the finished elevation. The depth of a cut or fill slope may be increased to eight (8) feet when terracing is utilized in conformance with Illustration The terraces shall be landscaped to the satisfaction of the Town. For any construction, the height of exposed, constructed slopes shall not exceed 12 feet in vertical dimension. Section D.3.g.v.g.2.B: of the Oro Valley Zoning Code further states the following: Cut and Fill Limits. The maximum cut or fill restrictions in Section 27.9 may be increased and shall not exceed twelve (12) feet measured vertically from existing grade to finished grade elevation.

4 Bayer Vella, AICP October 18, 2016 Page 2 The Town s design of 1st Avenue necessitates this request and the exception is essential to providing proper access to the development. We request a Grading Exception for this property in order to allow additional cuts and fills beyond the 12 feet in certain areas of the site that are permitted by D.3.g.v.g.2.B of the Oro Valley Zoning Code. Areas on Site Subject to the Grading Exception This Grading Exception would apply to the area of the area near the intersection of 1st Avenue and Naranja. The existing curb return for the future entrance road at 1st and Naranja is built in such a way that requires a significant amount of cut to meet the grade of the proposed entry road. This area would receive between approximately 12 to 15 feet of cut to meet the grade of the existing intersection curb return. Please see Exhibit B. Findings and Responses to the Five Findings for a Grading Exception 1. The exception meets the intent and purpose of this code: As is stated in Section 27.9 Grading of the Oro Valley Zoning Code, The purpose of this ordinance (grading) is to provide for the public health, safety and general welfare and to protect and preserve aesthetics of the natural environment through regulation of all types of excavation and earthwork on private and/or public land. The grading on this site will be in conformance with the regulations and development standards of the Oro Valley Zoning Code (with the exception of the requested revisions herein) and the Design Guidelines for the Town of Oro Valley. All of these documents will act to provide for the public health, safety and general welfare as it relates to this property and this Grading Exception will not detract from these items. The Design Guidelines of the Town of Oro Valley contain regulations that protect and preserve the aesthetics of the natural environment. Those regulations include the following items: The general idea of the grading concept is to utilize contour grading and landscaping techniques in the creation of cut slopes to achieve appearances that emulate natural, undisturbed slopes. All exposed disturbed areas will be re-vegetated with plant material and treated to create a natural appearance. Long slopes may be designed to include bench terraces. Q:\182053\J The Sanctuary at Silverhawke\04 Platting\Grading Exception\Grading Exception Narrative.docx

5 Bayer Vella, AICP October 18, 2016 Page 3 Tops and toes of slopes shall be rounded to smoothly transition with the natural grades. Cut slopes will be sculpted and re-vegetated to emulate naturally existing slopes. Seeding and erosion control techniques will be employed. Constructed slopes will be built using materials and colors such that they will blended in to the natural environment to the greatest degree possible. Slopes will be landscaped in accordance with the Design Guidelines of the Town of Oro Valley. 2. Granting the exception constitutes the minimum to allow the proposed improvement. The project as designed cannot be constructed as planned and as currently shown on the approved Conceptual Site Plan without this requested Grading Exception. 3. The conditions on the property area unique such that strict adherence to this section would cause an unnecessary hardship which substantially limits the preservation and enjoyment of property rights. This property is located in a unique area and has unique conditions that necessitate this Grading Exception. The existing curb return for the future entrance road at 1st and Naranja was built in such a way that requires a significant amount of cut to meet the grade of the proposed entry road. This area would receive between approximately 12 to 15 feet of cut to meet the grade of the existing intersection curb return. As such, in order to develop the property adjacent to 1st Avenue and construct a street on the site that would connect with 1st Avenue, the area of the entry must be cut in excess of 12 feet. 4. The exception imposes conditions so as not to constitute a granting of a special privilege. The Grading Exception, if approved, will allow a unique project with high quality development standards to be constructed. The following conditions would be applicable to this Grading Exception: With the exception of the requirements, grading would be in compliance with the grading standards in the Oro Valley Zoning Code. Q:\182053\J The Sanctuary at Silverhawke\04 Platting\Grading Exception\Grading Exception Narrative.docx

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8 NORTH 1ST AVENUE NARANJA DRIVE The WLB Group Inc. TUCSON - PHOENIX - LAS VEGAS - FLAGSTAFF tucson@wlbgroup.com Q:\182053\J The Sanctuary at Silverhawke\Exhibits\CUT-FILL-Over 6Feet.dwg THE SANCTUARY at SILVERHAWKE EXHIBIT 'B' WLB No J-002 0' 100' Plotted: Oct. 18, 2016