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HomeMy WebLinkAbout05/17/2005 Blue Sheets TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 17,2005 TOWN OF MARANA AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-55: Relating to Development; approving and authorizing the execution of a second amendment to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995 and amended June 20, 1995 in anticipation of the sale of District re- funding bonds in the approximate aggregate principal amount of $5,070,000. DISCUSSION Paragraph 7.6(k) of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, required an MAl appraisal showing that the wholesale value of the assessed property is equal to or exceeds the principal amount of the proposed bond sale. This proposed Second Amendment would allow the Pima County Asses- sor's "full cash value" of the assessed parcels to be used to determine value for purposes of the minimum one-to-one ratio of property value to bond amount for refunding bonds, provided that the payments with respect to the assessments securing such bonds will be reduced. The Assessor's full cash value of property is typically a conservative estimate of the actual value of the property, functionally equivalent to a wholesale value as determined by an MAl appraisal. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-55, approving and authorizing the Mayor to execute the Second Amendment to the Amended and Restated Development Agreement and In- tergovernmental Agreement (Red Hawk Canyon). A TT ACHMENT(S) Second Amendment to the Amended and Restated Development Agreement and Intergovern- mental Agreement (Red Hawk Canyon) SUGGESTED MOTION I move to adopt Resolution No. 2005-55. {0000073/.DOC Ii FJC/cds 5/11/05 TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: May 17, 2005 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-56: Relating to Development; accepting the Red Hawk Canyon Community Facilities District No.1 certifica- tion regarding compliance with the terms of the Amended and Re- stated Development Agreement and Intergovernmental Agree- ment (Red Hawk Canyon) dated January 27, 1995 and amended June 20, 1995 in anticipation of the sale of District refunding bonds in the approximate aggregate principal amount of $5,070,000. DISCUSSION Paragraph 6.7 of the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon) dated January 27, 1995, requires the Red Hawk Canyon Com- munity Facilities Districts to certify to the Town of Marana their compliance with all of the re- quirements set forth in paragraph 6.7 of the agreement prior to the sale of bonds. Red Hawk Canyon Community Facilities District No.1 is planning to sell refunding bonds in the aggregate principal amount of approximately $5,070,000 on May 26, 2005, and has submitted its certificate of compliance in accordance with paragraph 6.7 of the agreement, as amended. Approval of the certificate of compliance will enable the timely sale of bonds by Red Hawk Canyon Community Facilities District No.1. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-56, accepting the certificate of compliance as presented by Red Hawk Canyon Community Facilities District No. 1 for the sale of the 2005 refunding bonds in the principal aggregate amount of approximately $5,070,000. A TT ACHMENT(S) Certificate of Compliance SUGGESTED MOTION I move to adopt Resolution No. 2005-56. {00000733.DOC 1/ FJC/cds 5/11/05 TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA May 17,2005 AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM: Charles Mangum, Airport Director SUBJECT: Resolution No. 2005-57: Relating to the Marana Regional Airport; approving Architecture & Landscape Design Standards DISCUSSION The purpose of the Marana Regional Airport Architecture and Landscape Design Standards is to provide minimum required standards for development of future projects at the Airport. This document will ensure that new development will be consistent with the goals of the Town of Marana. The intention is that the Standards will apply to any renovation of existing facilities or sites, as well as new construction. This is a visual and living document that will change and evolve as the new airport terminal and restaurant are designed. The standards are needed to ensure short term and long term quality development. The Marana Regional Airport Architecture and Landscape Design Standards are airport-specific and are in addition to any existing or future design standards adopted by the Town of Marana. RECOMMENDATION Staff recommends the approval of Resolution No. 2005-57, approving the Marana Regional Airport Architecture & Landscape Design Standards. SUGGESTED MOTION I move to adopt Resolution No. 2005-57. Marana Regional Airport - Architecture & Landscape Design Standards May 17, 2005 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: May 17,2005 AGENDA ITEM: IX. B. 1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: Proclamation: Wheeler Taft Abbett DISCUSSION The Town will recognize Wheeler T. Abbett for his dedication to civic responsibility and the betterment of the community through his significant contribution to the opening collection of a new regiona11ibrary. RECOMMENDATION Staff recommends approval of the Proclamation. SUGGESTED MOTION I move to adopt the Proclamation regarding Wheeler Taft Abbett. BLU Abbett Proclamation.doc TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 17, 2005 TOWN OF MARANA AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2005.13: Relating to Development; rezoning 34.6-acres of land from "R-36" to zone "F" and creating the Casa Sevilla Specific Plan. DISCUSSION Jon Thomas of Brex, LLC, on behalf of the Kapsa1 Family Trust, is requesting approval of a rezoning for a 34.6-acre site to develop a gated residential project with 34 site-built homes. The subject area is bordered by Tangerine Road to the north, Migitty Lane to the west, Camino Del Oeste on the east and vacant residential property to the south. Approval of this rezoning will rezone the subject area from "R-36" to "F" Specific Plan and adopt the Casa Sevilla Specific Plan. The purpose of the specific plan zoning option is to provide functionality and creativity in site planning and design. The Casa Sevilla Specific Plan integrates several unique design and development regulations supportive of the site's natural resources and conducive to a cohesive neighborhood. This Specific Plan will create a cluster development that minimizes total site disturbance up to a maximum of twenty-three percent, while the Plan's development regulations include standards for the preservation of the seventy- seven percent of natural undisturbed land. The Casa Sevilla Specific Plan also provides for a diverse housing product by providing a zero lot line development. The regulations also allow for an unusually long cul-de-sac which also minimizes total site disturbance. REZONING REQUEST The applicant proposes a 34-unit gated development, while grading no more than 23% of the parcel. The Casa Sevilla Specific Plan proposes to preserve approximately 24.65-acres of natural undisturbed open space. This project as proposed provides the necessary amenities for such a community, while preserving natural open space. A centrally located recreational area of 15,476 square feet will be constructed to serve the project. The development proposes an overall density of less than 1 RAe. The homes will range from 2,500 to 2,700 square feet and use a zero lot line concept. The applicant is providing the ability for single or two-story units to be developed. The individua110t areas will be provided with open decorative fence along the rear property line facing the natural open space. 072004 PCZ-03\3\ Tortolita Vistas SP.doc GENERAL PLAN AND RELATED OTHER PLANS The Town of Marana General Plan Update, ratified March 11,2003, designates the subject area as Low Density Residential (LDR). The LDR is characterized by single-family detached homes on large lots where the retention of a rural, open character is desired. Environmental factors may allow for clustered housing projects. The site is also identified in Marana's Environmentally Sensitive Lands area therefore, Marana General Plan goals for Environment are important in guiding this site's development. The proposed onsite development conforms to the General Plan's goals for new developments to be planned and built in ways that are sensitive to the natural terrain and still satisfy market needs. This project proposes solutions that represent the General Plan's Vision for community values, and natural resource preservation. This development proposal provides the Town with a diverse housing product, through sensitive environmental planning. The interrelationship and implementation of all of these development concepts work toward Marana' s Vision for Environmentally Sensitive Lands. This rezoning supports the environmental policy of disturbance mitigation for new development. Per the adopted General Plan the proposed rezoning also requires a minor amendment to the General Plan. The minor amendment is incorporated into this process and would allow for the General Plan land use designation to be changed from Low Density Residential (LDR) to Master Planning Area (MP A). The proposed project meets the criteria for a minor amendment and therefore staff is including the review and recommendation for the minor amendment to the General Plan in conjunction with this application. CIRCULATION Access to the subject area will be provided by Tangerine Road through a gated entrance just west of the Camino de Oeste alignment. The local neighborhood street will be private and designed to minimize site disturbance in accordance with the Specific Plan Development Regulations. The private street will not provide on-street parking. The development is providing off-street parking in front of the garages as well as parking spaces located at the recreation center. The applicant has received acceptance by the Northwest Fire District and the Town of Marana to provide residential sprinkler systems in lieu of a second point of access. With the sensitive environmental design of the project and the preservation of the washes both east and west of the development the deletion of a second access requirement has been accepted by the Town. The local neighborhood street will include wedged curbs and should have minimal effect on drainage patterns. Open Space. Recreation. & Environment The set-aside area will remain as natural undisturbed open space in perpetuity through the creation of a conservation easement. The conservation easement will run with the land and be enforced by the homeowners association. The applicant proposes approximately 24.65 acres of natural undisturbed open space and 0.36 acres of functional open space to be used as community -2- 051705 PCZ-03l30 Casa Sevilla SP.doc recreational facilities. The recreational community center will be centrally located and include a swimming pool for the convenience of project residents and guests. A biological evaluation and formal conservation plan will be executed and implemented through the regulations of the subject area's Covenants, Codes, and Restrictions. Further regulation is provided through the proposed Landscape Preservation Plan included in the Specific Plan and the creation of a custodial plan for HOA habitat maintenance responsibilities. The specific criteria for re-vegetation, landscaping, site preparation and design standards related to the Conservation Plan, C.C.&R.'s, Landscape Plan, Native Plant Permit, or any others that may impact a natural resource shall be subject to the Town's approval. SEWER & WATER All lots will be served by extending the existing Pima County Wastewater Management sewer system. The existing 15" sewer line located at Camino de Oeste and Tangerine Road must be extended to serve the development. Pima County Wastewater Management has not committed to providing capacity to serve the area and state that the capacity commitment is accomplished in connection with an executed sewer service agreement at the time of preliminary plat. Tucson Water will provide potable water, as there are already existing Tucson Water mains in the area. The City of Tucson Water Department has provided a letter indicating the area has an assured water supply. RECOMMENDATION: Staff recommends approval of Ordinance No. 2005.13, the Casa Sevilla Specific Plan, with the recommended conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; ifthe developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning (R-36), upon action by the Town Council. 3. The final design of all streets and circulation related facilities shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 4. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service. -3- 051705 PCZ-03130 Casa Sevilla SP.doc 5. The final design of all streets and circulation related facilities, including the gated access, shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration ofthe preliminary plat. 6. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 7. This project is within the Proposed Critical Habitat for cactus ferruginous pygmy owl and must meet U.S. Fish and Wildlife development criteria. 8. The HOA as established, and accepted by the U. S. Fish and Wildlife Service and the Town of Marana to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the U.S.F.W.S. 9. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 10. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 11. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 12. The preliminary plat shall be in general conformance with the Land Use Concept of the Casa Sevilla Specific Plan. 13. The Developer shall dedicate, or cause to have dedicated, an additional 75' along the northerly property line to meet the future 300-foot right-of-way for Tangerine Road. 14. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 15. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the water plans. 16. Maximum building height shall be restricted to 23 feet. 17. Where applicable view fencing, similar to wrought iron fencing, shall be constructed at the rears of the residential units. 18. The applicant shall include detailed residential design guidelines with the first preliminary plat or development plan submittal. 19. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. -4- 051705 PCZ-03130 Casa Sevilla SP.doc 20. An annual report shall be submitted to the Planning Department within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 21. Upon adoption of the ordinance by the Mayor and Council approving the Casa Sevilla Specific Plan, the applicant shall provide the planning department with the following final edition of the Casa Sevilla Specific Plan: one non-bound original; 25 bound copies; and, one digital copy in Microsoft Word or other acceptable format, within 30 days of the adoption. SUGGESTED MOTION I move to adopt Ordinance No. 2005.13. -5- 051705 PCZ-03130 Casa Sevilla SP.doc TOWN COUNCIL MEETING INFORMATION MEETING DATE: May 17,2005 TOWN OF MARANA AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Barbara e. Berlin AICP, Planning Director SUBJECT: Resolution No. 2005-58: Relating to Development; approving a preliminary plat for Tangerine Crossing, Lots 1-346 and Blocks 1 - 4. DISCUSSION This project was presented to the Planning Commission on April 27, 2005. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation of approval. This project is within the Forest City Specific Plan, located at the northeast corner of Tangerine and Thornydale Roads within a portion of Section 32 of Township 11 South, Range 13 East. It is essentially a block plat with a subdivision element to it. The subdivision is 346 lots generally located in the central part of the project area. The balance ofthe project is block platted into four blocks: Blocks 1 and 2, which consist of the future commercial area; Block 4, which is a remainder parcel located on the north side of EI Camino de Manana; and Block 3, which is a future residential block. In November 2003, the Town began proceedings to restrict the permissible disturbance of natural vegetation on the property in a manner the Town believes is more consistent with existing development trends and environmental considerations in the vicinity of the Property. This proposed change, described as the Bajada Environmental Resource Overlay District ("BEROD"), would have the effect of limiting the property's development potential otherwise allowed by the Forest City Specific Plan. The Parties prefer to avoid Town-initiated changes that affect the Forest City Specific Plan, including BEROD, by reaching agreement concerning the development of the Property as provided in the adopted Development Agreement. Included in the Development Agreement are agreed upon restrictions pertaining to minimum lot size 6,000 square feet for residential lots and the maximum site disturbance of no more than 50 percent ofthe property. This project will be subject to the recently adopted park fee of $2,884 per residential unit. The approved Development Agreement also includes a regional roadway contribution of $3,500 per residential unit for regional roadway infrastructure. Also per the approved Development Agreement, in lieu of the dedication of school lands, the developer will contribute a school improvement contribution fee of $1,200 per new residential dwelling unit to the Marana Unified School District. PRV-04076 Tangerine Crossing PP TC 051705.doc Tangerine Road Associates does not yet have a builder for the development. Once a builder has committed to this development, staff will review the proposed floor plans and elevations for conformance with Forest City Specific Plan, Town Standards and the Tangerine Crossing Design Guidelines. The residential development is provided with a looped road from Tangerine and Thornyda1e Roads. Internally the lots are connected with a looped road system to serve the lots. The on-site park and recreation requirement is a minimum of 185 square feet of improved recreation area per lot within the subdivision, which results in a minimum of 1.46 acres of improved recreation area. The active recreation area has been planned for a portion of Common Areas "A-I" and "A-2", which are centrally located within the subdivision and contain 2.3 acres. Common Areas "B" and "C" are being used for a variety of purposes such as drainage, landscaping and natural open space. The intended use and size of all of the common areas are shown in Note 1 on the preliminary plat cover sheet. ATTACHMENTS Summary application, reduction of Preliminary Plat and location map. RECOMMENDATION Staff has reviewed the request against the requirements of the Forest City Specific Plan adopted by Ordinance 2000.19 on October 24, 2000, the Marana Land Development Code, and the Development Agreement adopted by Resolution 2004-98 on July 6, 2004. This preliminary plat is in substantial conformance with all required development regulations and design guidelines and therefore, staff and the Planning Commission recommends approval of the Preliminary Plat for Tangerine Crossing. SUGGESTED MOTION I move to approve Resolution No. 2005-58. -2- 051705 PRV-04076 Tangerine Crossing PP TC.doc TOWN COUNCIL MEETING INFORMATION TOWN OF MARAN A MEETING DATE: May 17,2005 AGENDA ITEM: IX. B. 4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-59: Relating to Development; approving and authorizing the execution of a development agreement with DM Marana Investors LLC, regarding the Sanders Grove develop- ment project. DISCUSSION The Sanders Grove Development Agreement addresses the area covered by the Sanders Grove Specific Plan adopted by the Town on March 1,2005, an 835 acre project located north ofMa- rana Road between Sanders and Wentz Roads. The key components of this development agree- ment include: · The residential design standards in the Specific Plan will control over the current or fu- ture Town residential design standards. · The developer will complete construction of Marana Road from Interstate 10 to the west- ernmost entrance to Sanders Grove prior to the issuance of the 500th building permit. · The developer will construct Sanders Road from Marana Road to the Interstate 10 front- age road. · The developer will construct improvements to Kirby Hughes Road from Sanders to Wentz Roads, including twenty-foot wide linear landscape buffers on both sides. · The developer will construct improvements to Hardin Road along the northern boundary of Sanders Grove within its existing sixty-foot right-of-way. · The developer will receive credit or reimbursements against the Town's roadway devel- opment impact fees for the cost of constructing Marana Road from Interstate 10 to the westernmost entrance of Sanders Grove, and will receive credits for any other permanent arterial roadway improvement which is eligible for credit under the Northwest Marana Roadway Development Impact Fee Report, as it may be amended. · The developer will contribute a school improvement contribution fee of $1,200 per resi- dentiallot payable to the Marana Unified School District. {00000722.DOC 1/ FJC/cds 5/10/05 · The developer will provide not less than 185 sq. ft. per residential unit of on site private recreational facilities within each platted block. · The developer will dedicate a minimum of six acres of developable park land per thou- sand residents at 2.67 people per residential unit for public park facilities and trail system, including a neighborhood park adjacent to Interstate 10 as shown on the Sanders Grove Specific Plan. Any regional park improvements which are creditable against the Town's park development impact fee will be credited. · Upon execution of the development agreement, the developer's rights are fully vested for a period of seven years. Upon completion of construction of the Marana Road improve- ments from Interstate 10 to the westernmost entrance of Sanders Grove, the densities, in- tensities, and types of land uses as set forth in the Sanders Grove Specific Plan shall be vested for the twenty-year term of the development agreement. (Under the development agreement, the Town acknowledges that the Specific Plan permits the development of 2500 residential dwelling units.) The proposed Sanders Grove Development Agreement will give the developer a greater level of vesting upon the completion of the Marana Road improvement than the Town typically gives in development agreements. The staff believes this is appropriate in this circumstance in light of the significant up-front developer contribution to the regional arterial roadway system. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-59, approving and authorizing the execution of the Sanders Grove Development Agreement. A TT ACHMENT(S) Sanders Grove Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2005-59. {OOOOO 722. DOC 1/ -2- TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: May 17,2005 AGENDA ITEM: IX. IX. B. 5 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. A TT ACHMENTS Legislative Bulletins, Issues 14, 15, 16, and 17. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/05/12/2005/1O:44 AM