HomeMy WebLinkAboutCouncil Study Session Agenda 12/14/2004AMENDED TOWN OF MARANA, ARIZONA
STUDY SESSION AGENDA
13251 N. Lon Adams Road
December 14, 2004- 5:30 p.m.
Mayor
Vice Mayor
Council Member
Council Member
Council Member
Council Member
Council Member
Town Manager
Bobby Sutton, Jr.
Herb Kai
Jim Blake
Patti Comerford
Tim Escobedo
Ed Honea
Carol McGorray
Mike Reuwsaat
Welcome to this Marana Council Meeting. Regular Council Meetings are usually held the
first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or
time may change, or Special Meetings may be called at other times and/or places. Contact Town
Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four
hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda.
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Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council
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the Mayor and Council whether individuals will be allowed to address the Council on issues other
than Announcements, Petitions & Comments, and Public Hearings. Ali persons attending the
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Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person
interfering with the meeting in any way, or acting rudely or loudly will be removed from the
meeting and will not be allowed to return.
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Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is
in need of special services as a result of their disability, such as assistive listening devices, agenda
materials printed in Braille or large print, a signer for the hearing impaired, etc., will be
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days prior to the Council Meeting.
For a copy of this agenda or questions about the Council Meetings, special services, or
procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday
from 8:00 a.m. to 5:00 p.m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted no later than December 13, 2004 by 5:30 o'clock p.m., at the Marana Town Hall and at
www.marana.com under Town Clerk, Minutes and Agendas.
AMENDED TOWN OF MARANA, ARIZONA
STUDY SESSION AGENDA
13251 N. Lon Adams Road
December 14, 2004- 5:30 p.m.
STUDY SESSION
CALL TO ORDER
1. Presentation:
2. Presentation:
3.
Tortolita Vistas Specific Plan (Barbara Berlin)
Town Center Planning and Phoenix Area Visit (Barbara Berlin)
Executive Session pursuant to ~I.R.S. §38-431.03(~1)(3)for legal advice concerning the
public hearing, council action and referendum processes applicable to the Tortolita
Vistas development project (Frank Cassidy)
I. ADJOURNMENT
Bobby Sutton, Jr., Mayor
2
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: December 14, 2004 STUDY SESSION #1
TO:
FROM:
SUBJECT:
MAYOR AND COUNCIL
Barbara C. Berlin, Planning Director
Tortolita Vistas Specific Plan
DISCUSSION
Town Management was approached by representatives of Cottonwood Properties concerning the
Tortolita Specific Plan and the upcoming referendum on that Council decision of July 2004. The
property owner met with Citizens for Responsible Growth in Marana, the originators of the
petition, in hopes of reaching a compromise regarding the total number of houses allowable on
the site, and thus, nullifying the basis for the referendum.
Cottonwood Properties presented Town Management with a fait accompli, including a two-party
agreement with Citizens for Responsible Growth that reduces land use intensity, along with
additional zoning conditions as an exhibit. Cottonwood has asked the Town Council to repeal
the adopted Tortolita Vista Specific Plan, replacing it with the conditions agreed to by the two
parties, with the understanding that Cottonwood Properties would soon thereafter amend the
Specific Plan for re-adoption.
ATTACHMENTS
Land Use Intensity Reduction Agreement and attachments.
RECOMMENDATION
Discussion only.
SUGGESTED MOTION
Discussion only.
TortolitaVistarevision.doc
LAND USE INTENSITY REDUCTION AGREEMENT
This Land Use Intensity Reduction Agreement is made and entered this __
day of November, 2004, by and between the Citizens for Responsible Growth in Marana,
a political action committee (the "Petitioners"), and Overland Vistoso Limited
Partnership, an Arizona Limited Liability Partnership and affiliates thereof (collectively
the "Land Owner").
RECITALS
A. The Land Owner has commenced proceedings under the Marana Town
Code requesting that its property be rezoned, and in doing so, has filed with the Town of
Marana ("Town") an application for approval of the Tortolita Vista Specific Plan
("Specific Plan") for rezoning of approximately 231 acres ("Property") to allow for
development of up to four hundred residential lots on the Property.
B. The Specific Plan submitted by the Land Owner was modified at the
request of staff and approved by the Town's Planning Commission on May 16, 2004.
C. The Town Council reviewed the Specific Plan as modified on July 20,
2004, additional modifications were made, and it was unanimously approved as so
modified.
D. Before the Specific Plan as approved became effective, the Petitioners
submitted referendum petitions to the Town ("Petitions") to refer approval of the Specific
Plan to voters. The referendum petitions had the effect of suspending the effective date
of the Specific Plan as approved, and as a result the proceedings for rezoning of the
Property were not completed and remain open.
E. The Petitioners and the Land Owners have agreed upon modifications to
the Specific Plan, and now urge the Town Council to repeal the ordinance it adopted on
July 20, 2004, replace that ordinance with a new ordinance so modifying the Specific
Plan upon the terms and conditions set forth herein, and cancel the referendum election
(collectively "Zoning Repeal and Modification").
F. The Petitioners and Land Owners agree that the Zoning Repeal and
Modification would further the purpose of the referendum.
G. In consideration of the foregoing, the Petitioners and the Land Owner
agree as follows:
AGREEMENT
1. Rezoning Conditions. The Petitioners and the Land Owner shall jointly
request the Town to adopt the Zoning Repeal and Modification. The new zoning
conditions and the form of the request are attached hereto as Exhibit A. Provided that the
Town Council approves this request and the new ordinance is not subject to a referendum
or other legal challenge, the Land Owner shall develop the Property in accordance with
the Additional Zoning Conditions provided in Exhibit A. If the Town does not adopt the
Zoning Repeal and Modification on or before December 21, 2004 or proceeds with the
existing referendum, the Additional Zoning Conditions shall be of no force and effect.
2. Public Notice. On behalf of the Petitioners, the Land Owner shall at its
expense send the letter attached hereto as Exhibit B to each party who signed the petition
at the address indicated on the Petition.
LAND OWNER:
PETITIONERS:
Overland Vistoso Limited Partnership
An Arizona Limited Liability
Partnership, by Ready Two Corporation,
Its General Partner, President, David Mehl
Citizens for Responsible Growth in
Marana, Chair, Kim Poynton
agreements\246\l 10204
EXHIBIT 'A'
November__, 2004
Mike Reuwsaat
Town of Marana
13251 Lon Adams Road
Marana, AZ 85653
Re: Tortolita Vista Specific Plan
Dear Mr. Reuwsaat:
As you are aware, Cottonwood Properties on behalf of the land owner previously
received Town Council approval of the Tortolita Vista Specific Plan. The Citizens for
Responsible Growth in Marana subsequently filed petitions with the Town to refer this
approval to the voters. Since that time, Cottonwood Properties and the Citizens for
Responsible Growth have met and agreed upon the attached Specific Plan conditions,
which obviate the need for a referendum. Based on this, Cottonwood Properties and the
Citizens for Responsible Growth hereby request that the Town adopt a resolution which
repeals the prior Specific Plan approval and readopts the Specific Plan with the
conditions attached hereto as Exhibit 1.
Kim Poynton - Chair Person of
The Citizens for Responsible Growth in Marana
William M. Hallinan - Cottonwood Properties
On behalf of the land owner
o
o
EXHIBIT 1
Additional Zoning Conditions
Maximum Number of Residential Lots. In no event shall the maximum
number of residential lots within the Specific Plan be greater than 155 lots.
There shall be no commercial development on the property.
Site Plan. The project shall be developed in substantial conformance with the
attached site plans. Modifications to the site plan may be made to conform
with suggestions or recommendations of the United States Fish & Wildlife
Service, accepted engineering practice, and Town requirements provided that
the quantity of Conservation Area is not reduced.
Lot Size and Setbacks. Minimum lot size shall be 32,000 square feet. Front
yard set backs set forth in the Specific Plan shall be replaced with the
requirement that the minimum front yard setback shall be no less than 20 feet.
References in the Specific Plan to clustered residential development shall be
replaced with custom lot residential development. In addition to the
applicable setbacks, there shall be a forty foot building setback adjacent to the
Conservation Area (as identified on the attached site plan). This setback is
intended to protect the biological integrity of the Conservation Area and as
such shall not be modified by variance or exception.
Two Story Restrictions. The provisions regarding two story homes in the
Specific Plan shall be superceded and replaced with the requirement that there
shall be no two story homes in the areas identified on the attached site plan.
Additionally, the floor area of the second story of any two story home shall be
no greater than 60% of the enclosed floor and garage area of the first floor.
Lot Grading. There shall be no mass grading of the lots and grading within
the lots is to be restricted to the building envelope.
o
o
Building Envelopes. In order to comply with the 60% open space requirement
set forth in the Specific Plan, the master developer shall establish building
envelopes for each lot and CC&Rs for strict enforcement of such building
envelopes. There shall be no modification of building envelope limits that
would on an overall basis, exceed the disturbance limitations set forth in the
Specific Plan. The Conservation Areas shall also be credited towards the 60%
open space requirement.
Conservation Area. 7'3.19 acres of land identified as Conservation Area on
the site plan shall be protected as undisturbed open space and there shall be no
use of Conservation Area for residential lots. Minor encroachments shall only
be permitted if reasonably required for utility crossings and for the one road
crossing of the Conservation Area as identified on the site plan. Such
o
10.
11.
12.
13.
encroachments shall be replanted in a manner that maintains the character and
density of the existing vegetation. Such replanted areas shall not be credited
towards the open space requirements of the Specific Plan.
CC&R's. Covenants shall be recorded against title to all residential lots
(CC&R's) in order to provide for enforcement of the foregoing building
envelope requirements and the following additional protective covenants.
a. The color of exterior paint shall be muted earth tones. Exterior paint colors
for the main body wall color of a home shall not exceed a 40% Light
Reflectance Value (LRV) and colors for the trim (including, as applicable,
window frames, doors, and accent color) shall not exceed a 50% LRV.
b. Walls to enclose the perimeter of a residential lot are not permitted and patio
walls shall be only constructed within the approved building envelope.
c. The lot owners will be required to contain all domestic animals within an
enclosed area on their lot or under strict control at all times. Pets that are
outside of enclosed areas shall be leashed in conformance with Pima
County Code 6.04.030.
d. Within the areas identified as Conservation Areas on the site plan, the
Association shall allow access for purposes of monitoring or protecting the
Conservation Areas. Such access shall be provided to a government
agency or a 501 (c)(3) established to monitor or maintain open space under
a Habitat Conservation Plan approved by the US Fish and Wildlife
Service.
Site Access. The centerline of the Moore Road entrance to the project shall be
at least 400 feet from the east property line for the Specific Plan. No more
than two entrances to the project shall be established on Thornydale Road.
Onsite Parks. Based on the Town Code, reduction in overall lots and reducing
impacts on the desert environment, no onsite parks shall be provided within
the Specific Plan. This does not modify the developer obligations to
contribute to regional parks as set forth in the Specific Plan.
Street Cross Section. Cross sections for streets within the Specific Plan shall
be the minimum width permitted under the Marana Land Development Code
and pedestrian circulation shall be provided by development of a stabilized
decomposed granite path along one side of streets that serve more than ten
lots.
Canada Agua Wash Crossing. The street crossing for the Canada Agua Wash
shall be constructed with a box culvert or con arch to minimize hydrologic
impacts to the watershed and impacts to wildlife movement.
Administration. Within 45 days after Town approval, the applicant shall
submit to the Town staff a revised Specific Plan that incorporates all of the
foregoing revisions and requirements.
NORTH
EXHIBIT 'B'
Citizens for Responsible Growth in Marana
4420 West Cortaro Farms Road
Tucson, AZ 85742
Dear Petition Signer,
Last August, the Citizens for Responsible Growth in Marana obtained signatures
on referendum petitions to provide for a referendum of a rezoning approved by the
Marana Town Council. The rezoning pertained to 231 acres of land located west of
Thornydale Road and north of Tangerine Road and permits development of 400 homes
on the land. The rezoning action has been suspended because of the referendum filing.
After the referendum filing, the landowner met with our Committee as well as
with Desert Watch and the Coalition for Sonoran Desert Protection to better understand
our objections to their development plan. Our discussions with the landowner have
resulted in an agreement, which addresses our concerns by creating substantial additional
development restrictions. These new requirements will restrict future development to no
more than 155 homes on the 231 acres (a 60% reduction from 400 homes), and will
provide for preservation of sensitive riparian corridors. The landowner's consent to this
significant reduction in homes is conditioned upon Town approval of the modified
Specific Plan without a referendum or other challenge. We believe that the modified
Specific Plan is sensitive to our concerns and that the certainty of this modified Specific
Plan is better than an election with uncertain results.
Our committee, with the support of Desert Watch, the Coalition for Sonoran
Desert Protection and the landowner is requesting that the Town forego the referendum
by repealing the prior approvals and adopting the modified Specific Plan with the land
use restrictions negotiated by our committee. This matter is scheduled to go before the
Town Council at a hearing on December 7, 2004 that will be open for public comment.
We believe this is an appropriate solution to concerns that gave rise to the referendum
petitions.
On behalf of the Citizens for Responsible Growth in Marana, I want to thank you
for your support of our environmental preservation efforts and please feel free to contact
me if you have any questions. You can also contact Bill Hallinan of Cottonwood
Properties at 299-8424 with any questions you may have on the modified development
plan.
Sincerely,
Kim Poynton
Chairperson
'TORTOLITA VISTA SPECIFIC PLAN
ADDITIONAL LAND USE RESTRICTIONS
In July of 2004, the Town approved the Tortolita Vista Specific Plan to allow for
development of four hundred residential lots on approximately 231 acres. That approval
was never finalized because referendum petitions were submitted to refer that action to
the voters. The Specific Plan approval was suspended, and those proceedings remain
open. Since then, the land owner, an affiliate of Cottonwood Properties, contacted the
petition drive organizers to see if there was an opportunity to build consensus before
proceeding with what would be a contentious political campaign. As a result, the
petitioners and the land owner came to agreement upon further restrictions to the
suspended approvals. As a result of this agreement, the land owner and the petitioners
have jointly requested that the Council consider approval of some additional development
restrictions for the project as an alternative to the referendum process. This request can
be implemented by repealing the prior Specific Plan approval in which event a
referendum has no purpose and would not be conducted. The Specific Plan could then be
readopted with the additional restrictions. The development agreement for this project
should also be readopted so that it is consistent with these additional restrictions.
The proposed restrictions reduce the overall number of houses from 400 to 155
and increase the minimum lot size from 6,000 square feet to 32,000 square feet. Seventy
two acres of conservation area are provided in sensitive riparian areas. Additional
preservation requirements within custom lots will limit overall disturbance within the site
to no more than 40 percent. This is consistent with the Town's open space objectives for
the proposed environmental overlay district in this area. The adjoining property owners,
the petition drive organizers, and two local environmental groups have participated in this
consensus building process and are supportive of adopting the additional restrictions in
lieu of a referendum. These parties and each of the petition signers have been provided
written notice of this hearing.
o
o
°
Additional Zoning Conditions
Maximum Number of Residential Lots. In no event shall the maximum
number of residential lots within the Specific Plan be greater than 155 lots.
There shall be no commercial development on the property.
Site Plan. The project shall be developed in substantial conformance with the
attached site plans. Modifications to the site plan may be made to conform
with suggestions or recommendations of the United States Fish & Wildlife
Service, accepted engineering practice, and Town requirements provided that
the quantity of Conservation Area is not reduced.
Lot Size and Setbacks. Minimum lot size shall be 32,000 square feet. Front
yard set backs set forth in the Specific Plan shall be replaced with the
requirement that the minimum front yard setback shall be no less than 20 feet.
References in the Specific Plan to clustered residential development shall be
replaced with custom lot residential development. In addition to the
applicable setbacks, there shall be a forty foot building setback adjacent to the
Conservation Area (as identified on the attached site plan). This setback is
intended to protect the biological integrity of the Conservation Area and as
such shall not be modified by variance or exception.
Two Story Restrictions. The provisions regarding two story homes in the
Specific Plan shall be superceded and replaced with the requirement that there
shall be no two story homes in the areas identified on the attached site plan.
Additionally, the floor area of the second story of any two story home shall be
no greater than 60% of the enclosed floor and garage area of the first floor.
Lot Grading. There shall be no mass grading of the lots and grading within
the lots is to be restricted to the building envelope.
o
°
Building Envelopes. In order to comply with the 60% open space requirement
set forth in the Specific Plan, the master developer shall establish building
envelopes for each lot and CC&Rs for strict enforcement of such building
envelopes. There shall be no modification of building envelope limits that
would on an overall basis, exceed the disturbance limitations set forth in the
Specific Plan. The Conservation Areas shall also be credited towards the 60%
open space requirement.
Conservation Area. 73.19 acres of land identified as Conservation Area on
the site plan shall be protected as undisturbed open space and there shall be no
use of Conservation Area for residential lots. Minor encroachments shall only
o
10.
11.
12.
13.
be permitted if reasonably required for utility crossings and for the one road
crossing of the Conservation Area as identified on the site plan. Such
encroachments shall be replanted in a manner that maintains the character and
density of the existing vegetation. Such replanted areas shall not be credited
towards the open space requirements of the Specific Plan.
CC&R's. Covenants shall be recorded against title to all residential lots
(CC&R's) in order to provide for enforcement of the foregoing building
envelope requirements and the following additional protective covenants.
a. The color of exterior paint shall be muted earth tones. Exterior paint colors
for the main body wall color of a home shall not exceed a 40% Light
Reflectance Value (LRV) and colors for the trim (including, as applicable,
window frames, doors, and accent color) shall not exceed a 50% LRV.
b. Walls to enclose the perimeter of a residential lot are not permitted and patio
walls shall be only constructed within the approved building envelope.
c. The lot owners will be required to contain all domestic animals within an
enclosed area on their lot or under strict control at all times. Pets that are
outside of enclosed areas shall be leashed in conformance with Pima
County Code 6.04.030.
d. Within the areas identified as Conservation Areas on the site plan, the
Association shall allow access for purposes of monitoring or protecting the
Conservation Areas. Such access shall be provided to a government
agency or a 501 (c)(3) established to monitor or maintain open space under
a Habitat Conservation Plan approved by the US Fish and Wildlife
Service.
Site Access. The centerline of the Moore Road entrance to the project shall be
at least 400 feet from the east property line for the Specific Plan. No more
than two entrances to the project shall be established on Thornydale Road.
Onsite Parks. Based on the Town Code, reduction in overall lots and reducing
impacts on the desert environment, no onsite parks shall be provided within
the Specific Plan. This does not modify the developer obligations to
contribute to regional parks as set forth in the Specific Plan.
Street Cross Section. Cross sections for streets within the Specific Plan shall
be the minimum width permitted under the Marana Land Development Code
and pedestrian circulation shall be provided by development of a stabilized
decomposed granite path along one side of streets that serve more than ten
lots.
Canada Agua Wash Crossing. The street crossing for the Canada Agua Wash
shall be constructed with a box culvert or con arch to minimize hydrologic
impacts to the watershed and impacts to wildlife movement.
Administration. Within 45 days after Town approval, the applicant shall
submit to the Town staff a revised Specific Plan that incorporates all of the
foregoing revisions and requirements.
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: December 14, 2004 STUDY SESSION #2
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, Planning Director
SUBJECT:
Town Center Planning and Phoenix Area Visit
DISCUSSION
The Town of Marana has entered into a professional services agreement with Swaback Partners,
pllc, of Scottsdale, to help us achieve a new vision for the northwest portion of town, with town
center as the primary focus. The planning project "kick-off" took place December 3 at the
Swaback Partners' office, followed by two days of touring with the consultants to several
master-planned communities in the Phoenix area. It will conclude with delivery of a master plan
report in August 2005, with the public hearing process to conclude in less than a year from now.
The agreement identifies target dates and deliverables, as well as strategic meetings with Council
and other key stake-holders. These dates and deliverables are:
1. Background data review and site analysis: January 31, 2005
2. Town Center master plan options and illustrations: March 31, 2005
3. Northwest Area Land Use Plan amendment: April 30, 2005
4. Thematic and Project Identify: May 31, 2005
5. Design Standards, written and graphic: June 30, 2005
6. Master plan report: August 31, 2005
The consultants will rely on staff to convey critical information that may not be reflected in the
adopted plans, maps, and other documents. Among that information is Council members'
responses to what they viewed last weekend. Staff will make a PowerPoint presentation that
identifies along with critical planning concepts illustrated with photos from that trip,
RECOMMENDATION
Presentation only.
SUGGESTED MOTION
Presentation only.
TownCenterPhoenixtrip.doc