Loading...
HomeMy WebLinkAboutOrdinance 2002.28 Amending title 5 of the land development codeF. ANN RODRIGUEZ, RECORDER RECORDED BY: KJM DEPUTY RECORDER 8013 AS2 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11959 NO. OF PAGES.' 2 SEQUENCE: 20030021394 01/03/2003 ORDIN 16: 59 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2002.28 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, A MENDING TITLE 5, Z ON3NG, O F T HE M ARANA L AND DEVELOPMENT CODE, BY ADDING SECTION 05.11.08 MIXED-USE ZONE, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code") for the Town of Marana; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 5, Zoning, which provides regulations for developing lands within the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 5 of the Code on November 13, 2002, and its members voted to recommend approval of the proposed amendments to the Town Council by a unanimous vote; and WHEREAS, the Town Council held a public hearing on the request to amend Title 5 of the Code on December 17, 2002, to obtain input from town staff and the public on the proposed amendments; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interests of the residents and the businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: Title 5 of the Marana Land Development Code is hereby amended by adding Section 05.11.08 Mixed-Use Zone to the "Marana Land Development Code," three copies of which are on file in the office of the Town Clerk of the Toxvn of Marana, Arizona, having been declared a public record by adoption of Resolution 2002-145. Section 2: The various town o ~cers and employees are authorized and directed to perform all acts necessary or desirable to ~ve effect to this Ordinance and portion of the Code. Marana Ordinance No. 2002.28 Page 1 of 2 9 - DRAFT LAND DEVELOPMENT CODE --~.-.=-.::.~., TOWN OF MARANA, ARIZONA :~.L\H' '\j 05.11.08 Mixed-Use - MU-1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi- rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be.. compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed..us~s' are historically located and the area is transitioning into a more intensive use area. B. Permitted Uses 1. One single-family detached home.o Manufactured); 2. Animal clinics & kennels; 3. 4. 5. 6. Barber and beauty shop; 7. Bla~ mith shop; 8. Carpentry, uphols ery & furnitu (:<,:;-,c:, . <<<':-'-\ 9 hurches, SYD'~gogues, an 0 10. Con <<,uction/cb~tractor's yards; 11. Crop production; . 12. Feed store; 13 oster and group homes; 14. razing and raising of livestock; 15. Massage therapy establishments; 16. Plant nurseries and greenhouses; 17. Private stable; 18. Professional offices, not including medical (see CUP Section); 19. Raising and marketing of poultry, rabbits and small animals; 20. Repair shops for appliances, bicycles, etc...; 21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; ARTICLE 15-03 ZONING PAGE 1 OF 6 REVISED 12/10/02 -- "':':':'-"'... DRAFT LAND DEVELOPMENT CODE TOWN OF MARAN A , ARIZONA \1 r~' {,).\ ,~,\ _._'_."W' __~___ 22. Second hand store; 23. Trucking operations and yards; 24. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permitted established use) 1. Corrals & other animal structures; 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that n itchen is provided; 7. Home occupations; 8. Swimming pools; 1. 2. 3. 4. 5. 6. 7. 8. 9. s, whether public or private; 10. Sexually Oriented Business, subject to Article 9-6 of the Marana Town Code; 11. Warehouse facilities; cs, offices and laboratories; cessing and assembly; ecreational vehicle storage facilities; D. ARTICLE 15-03 ZONING PAGE 2 OF 6 REVISED 12/10/02 ~-:-~""'" DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA \j.\J.l" '..\ E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed-Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: i. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental QUCility and other applicable codes and ordinances for individual SEl\'llage disposal system, this includes lot area, number of fixtures;r~quired engineering plans, etc. ii. Each type of use (residential, cc>.lJ1mercialnd industrial) shall have its own separate pedestriClH~Htrance; iii. Adequate bufferyards are provided between In<ll'lpatible uses; iv. Parking and vehicular accesses are separate bet\fll.eEln incompatible uses; . '. v. The proposed use does Q()t eX~~~~itl1e standards of the applicable codes and ordinances of the wnnor create any overburden of public or 8ri"ate streets, u I emergency services and/or facilities, aOd; 2. No outdoor storage of equipment~~;.!{latenaJ.~~~all be permitted unless screened a permanent opaqu~q..~~~i~~tiveiwall at least six feet in height or by tion of soIiQ.Vl(all or fence.C1pd landscape screening acce e by own.. ... tablished,maintained or conducted within the Mixed- y cause tile dissemination of smoke, gas, dust, odor or rie p~!.I~.t,mt that is in violation of Pima County of Environmental Quality. Every use shall be so operated that . dust, heat, glare or vibration in such quantities or degree etectable on any property line of the lot upon which it is II result in the creation of traffic hazards or undue congestion of treet or private access. F. The following standards shall apply to all developments within the Mixed-Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; ARTICLE 15-03 ZONING PAGE 3 OF 6 REVISED 12/10/02 DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA \1 ~,I."\ ~'..\ ~'-.-~""" d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures; This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; f. Building Separation. The minimum d.ist~r1gebetween two primary structures shall be twenty (20) fee1ii[he miQimum distance between all other structures shall be ten 10) feet; g. Setback Exceptions. Arc~i.1Ann ral features such as, by! not limited to, eaves, chimneys, bay wiocjpws, overhangs, awnings,por hes and similar architectural feat' ay en9la~9h into setbac . no more than four (4) feet, subject ewith applicable standards of the applicable Building and h. Maximum lot parcel; i. . In conjunction with a plication, Planning Commission may ilding height, provided that the applicant ation for the need to exceed the height limit; not be more than one (1) horse, cattle, ock for each ten thousand (10,000) square 2. The inte~!;f>f the Landscaping requirements is to provide residents and busine~~~~ with attractive landscaping that creates an interesting streets(:Clpe, and provides a safe and effective transition between otentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed-Use Zone shall provide site landscaping, including the: bufferyard, parking lot and any applicable screening as required herein and in accordance with Title 17 of the Marana Land Development Code. 3. Access and Off-Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed-Use Zone shall comply with ARTICLE 15-03 ZONING PAGE 4 OF 6 REVISED 12/10/02 DRAFT LAND DEVELOPMENT CODE .,,,:"~',, TOWN OF MARANA, ARIZONA :\.L\E~~':'l the provisions of Title 22 of the Marana Land Development Code and the following requirements listed below: a. Per Title 6 of the Land Development Code, all lots must abut a Public Street (06.03.03.B), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are de~irable whenever possible in order to minimize the number of access Roints to streets and access easements; c. All parking shall be off-street in and; 4. Signs Sign standards are hereby eS!~,blished to, ,promote a quality vl~.ual appearance throughout the Mix~9T~ " e; to allow individual businesses to clearly identify them~ nd the goods and services offered; to create,d' . ue environmh. attract visitors; to safeguard and enhance property \i reduce pot~~~al hazards to motorists and pedestrians; and toelil"ll.@x~ssive ah~5()nfusing sign displays. All signs for developments',Nithin the,. d-Use4one shall comply with the proviso itle 16 of e ~~rana evelopment Code and the foil al sign uirements: ades of proposed signs shall be compatible s) on the property; ed and free-hanging signboards shall be the II be limited to one (1) freestanding sign for each street age a one (1) wall sign (near the main entrance). In cases e there are multiple tenants, each tenant within the property e allowed one (1) wall sign (near each main entrance, the sign shall be determined by Section 16-14-2; reestanding signs shall be limited to double-faced, ground-mounted monument style, with proper landscaping in accordance with Section 16-14-4. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20 percent of the area of a freestanding sign. ARTICLE 15-03 ZONING PAGE 5 OF 6 REVISED 12/10/02 DRAFT LAND DEVELOPMENT CODE TOWN OF MARANA, ARIZONA 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed-Use Zone: a. Service Entrances and/or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Suqh screening shall consist of a minimum five (5) foot wide planting~tripconsisting of trees, decorative walls and/or landscaping combination that will provide a six (6) foot high barrier; b. Dumpsters and Trash HandIiR~iAreas. All dq~psters and trash handling areas shall be en81;e~ed and screened from public view. These areas shall be co..~~~~pC:ted of materials andpQ.!prs compatible with those of the prill1firybuilding(s). Chain link fencin with or without slats) is not penn.tied; c. No articles, materials, tras , be stored o~KeR~iip the open ingress/egre~~ea~~Il1~nt, and/o does not apply.tp. ternpora ... . stor supplies needeq;!p.r the". prQyj.9~.q such ite'1J~!ar~.9Qmp completf of the" . Iicable ph as ent or inoperable vehicles shall isible from the street, . cent properties. This limitation aterials, equipment and provements on a site, moved immediately upon construction, and; Site lighting sh u d serve functional, safety and aesthetic purposes. Site and sec@ty lighting shall be designed to enhance the safety and quality of the develgpment. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance the adopted Marana Outdoor Lighting Code. ARTICLE 15-03 ZONING PAGE 6 OF 6 REVISED 12/10/02 Page 1 of 1 Tim Mattix From: Frank Cassidy Sent: Tuesday, November 21, 2006 4:29 PM To: Tim Mattix Subject: RE: Land Development Code Excellent, Tim. That's tenific work Yes, I'd love to have the updates as you generate them. It's interesting that the original adoption of the LDC is not included in LaserFiche. I wonder if we can find a copy of the LDC as it was originally adopted so that it could be added to LF, although no doubt that's what you're doing with all of the ordinances that aren't in LF - looking for copies you can scan in. Thank you for doing this, Tim. -- Frank From: Tim Mattix Sent: Tuesday, November 21, 2006 4: 16 PM To: Frank Cassidy Subject: Land Development Code Frank, Going back to your request about the Land Development Code (LDC) history - attached are my research notes on ordinances amending the LDC. (It's just a simple spreadsheet I put together, so please forgive any clerical or formatting errors.) I thought the notes may help you as the LDC is revised. I'll work off this to get the code changes into Laserfiche. Some of the more recent ordinances (going back to 2003) we have already imported into Laserfiche. One of the columns in the attached spreadsheet is called 'Code In LF', and I put either 'included' or 'not included' - those that say 'not included' I'll try to locate the actual code change and get them into Laserfiche. Those that say 'Included' are in Laserfiche, under the ordinance. I tried to be as complete as possible - I went through the LDC and gathered all of the ordinances listed, and also searched a couple of other places to find additional ordinances not noted in the actual LDC. There were a number that I found that hadn't been listed in the LDC. However, it's possible that I may have missed some - I'll keep a look out as I begin trying to locate the actual code change documents, in case any were missed. Finally, please note that one tab of the spreadsheet is ordered by ordinance number, and another by section of the LDC. Please let me know if there' s anything else I can do to help. In the meantime, let me know if you'd like me to forward you the spreadsheet as I update it. (> 1..\\\ t=Dr- \==-. 01 f\ t Thanks, _ Tim ~ V-\~ \l \ J. 001~()(;\ ,\ ') OGh~r \(,j ~\ - ~CJC;\. \ ~ ./T:'J~~~b~f- \ 7{ ~':L '- ~VV~. ~~ 11/2112006 TOWN COUNCIL MEETING INFORMA TION DA TE: December 17, 2002 TOWN OF MARANA AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING: Ordinance No. 2002.28 and Resolution No. 2002-145 - Proposed amendment to the Land Development Code of the Town of Marana, by adding SECTION 05.11.08 MIXED-USE ZOl\TE, to the Land Development Code and, declaring Title 5 as amended a public record. DISCUSSION: Staff has been working on the creation ofthe Mixed-Use Zone for the purpose of creating a district to promote and regulate existing low density mixed uses in areas ofthe Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi-rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed-uses are historically located and the area is transitioning into a more intensive use area. Staff has been working with the neighbors in the Tangerine Water Group area to create a new zoning district, which would allow for the expansion and development of their properties in a residential and commercial fashion. Staff has provided a comprehensive list of permitted, accessory and conditional uses for the new zoning district. The new district provides for a wide range of uses that may be developed in the area. Because of the lack of infrastructure in the area, staff finds that the development of the area will be directly affected by the installation of the necessary infrastructure to support future development. The permitted uses provide opportunities for continued residential as well as establishing new and/or expansion of existing businesses currently located in the area. The last use section addresses uses that may be allowable depending on the location and adjacent uses. These are the Conditional Uses and consist of uses that mayor may not be appropriate for a site. Any of these uses, will require a public hearing before the Planning Commission under the provisions of the Conditional Use process. The draft includes specific Performance and Development Standards that apply to developments in the MU-l zone. Staff has tried to be thorough in the categories and address potential impacts, conflicts and compatibility that may go along with allowing the mix of residential and commercial use. Most of the categories speak for themselves, but the following should be highlighted: .-. · Performance Standards - in order to get the potential mix of uses and provide for a safe and healthy environment, performance standards have been provided. These standards provide for the multiple uses on a single parcel as long as minimum standards are met. We have also included outdoor storage, and general nuisance guidelines. . General Development Standards - this section addresses the basic standards for developing or splitting a site. This includes minimum lot area, width and depth, as well as the necessary setbacks, lot coverage, building separation, building height and animal keeping. So that a development can be designed and developed in a manner compatible with, and complimentary to existing and future development in proximity to the project site. . Signs - sign standards are hereby established to promote a quality visual appearance throughout the Mixed-Use Zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. . Screening - to create an attractive environment and visually screen land uses that are not fully compatible It is anticipated that after the Town Council adoption of the Mixed-Use Zone, that a Town- initiated rezoning of the Tangerine Water Group area will occur, changing the current zoning designation of "C" (large lot zone) to the MU-l (Mixed-Use) Zone. All new development must conform to grading, parking, landscaping and other standards, as required by the Town of Marana Land Development Code. At the November 13, 2002 the public hearing before the Planning Commission on this proposed amendment they recommended unanimously approval with one additional change. This was to move "Churches, synagogues, and other places of worship" from Conditional to Permitted. --- RECOMMENDATION: The Planning Commission has reviewed the Mixed-Use Zone for inclusion into TITLE 5 - Zoning and recommends that the amendments be adopted and that the Council approve Ordinance No. 2002-28, amendments to TITLE 5. SUGGESTED MOTION: I move to approve Ordinance 2002.28 and Resolution 2002-145 declaring Title 5 amended a public record. PLANNING/KMK/12/1 1/20028:45 PM ~ MARANA ORDINANCE NO. 2002.28 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, A MENDING TITLE 5, ZONING, 0 F THE M ARANA LAND DEVELOPMENT CODE, BY ADDING SECTION 05.11.08 MIXED-USE ZONE, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Mayor and Council ofthe Town of Maran a did, on May 14, 1984, approve Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code") for the Town of Marana; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 5, Zoning, which provides regulations for developing lands within the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 5 of the Code on November 13, 2002, and its members voted to recommend approval of the proposed amendments to the Town Council by a unanimous vote; and WHEREAS, the Town Council held a public hearing on the request to amend Title 5 of the Code on December 17, 2002, to obtain input from town staff and the public on the proposed amendments; and WHEREAS, the Mayor and Council find that approval ofthe proposed amendments is in the best interests of the residents and the businesses ofthe Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1: Title 5 of the Marana Land Development Code is hereby amended by adding Section 05.11.08 Mixed-Use Zone to the "Marana Land Development Code," three copies of which are on file in the office ofthe Town Clerk ofthe Town of Marana, Arizona, having been declared a public record by adoption of Resolution 2002-145. Section 2: The various town 0 fficers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Marana Ordinance No. 2002.28 Page 1 of 2 Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of t he Council in conflict with the provisions 0 f this 0 rdinance are hereby repealed, effective as of the effective date of this Ordinance. Section 5: If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council ofthe Town ofMarana, Arizona, this 17th day of December, 2002. ATTEST: Ma~rBOBBYSUTTON,~. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Ordinance No. 2002.28 Page 2 of 2 MARANA RESOLUTION NO. 2002-145 A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD, THAT CERTAIN DOCUMENT ENTITLED "TITLE 5 - ZONING OF THE MARANA LAND DEVELOPMENT CODE," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the Mayor and Council ofthe Town of Maran a, Arizona, that ce11ain document entitled "Title 5 - Zoning ofthe Marana Land Development Code," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this 17th day of December, 2002. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Page 1 of 1 Marana, Arizona Resolution No. 2002-145 Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of t he Council in conflict with t he provisions o f t his Ordinance a re hereby repealed, effective as of the effective date of this Ordinance. Section 5: , If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of December, 2002. ~ "X/ATTEST: ~ Town Clerk ~ ....,,-.-'~mel J. Hochuli As Town Attorney and not personally Mayor BOBBY SUTTON, JR. Marana Ordinance No. 2002.28 Page 2 of 2