HomeMy WebLinkAboutOrdinance 97.36 Amending title 4 of the land development code
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MARANA ORDINANCE NO. 97.36
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
AMENDING THAT CERTAIN DOCUMENT ENTITLED "MARANA LAND USE AND
DEVELOPMENT CODE, AMENDMENTS TO TITLE 4 PLANNING" BY AMENDING
SECTIONS 04.05 REGARDING THE PROCESSING OF DEVELOPMENT AGREEMENTS
WHICH DO NOT REQUIRE REIMBURSEMENT PROVISIONS FOR PUBLIC
IMPROVEMENTS.
WHEREAS, the Town of Marana adopted Sections 04.05 and 04.06, which worked in
conjunction to outline the procedure by which developers would be able to obtain reimbursement
for certain infrastructure construction costs when more than one property was gaining the benefit
of such infrastructure construction; and
WHEREAS, under the current Section 04.05, single property developments for which the
reimbursement provisions in 04.06 do not apply are subject to the same public hearing
requirements for multi-property development where the reimbursement provisions do apply and
require a pubic hearing; and
WHEREAS, it has been determined that a modification of Section 04.05 to limit the types
of property which development agreements are subject to public hearing requirements would
eliminate unnecessary time and expense to the Town for the addition of those items to the public
hearing agenda; and
WHEREAS, the Marana Planning Commission considered the amendments to Section
04.05 of the "MARANA LAND USE AND DEVELOPMENT CODE, TITLE 4 PLANNING"
on December 10, 1997 and voted 5 to 1 to recommend that the Town Council approve
amendments limiting the type of development agreements which would be subject to public
hearing requirements; and
WHEREAS, that document herein referred to as "MARANA LAND USE AND
DEVELOPMENT CODE, TITLE 4 PLANNING" with the revised Section 04.05, has been made
a public record by the adoption of Resolution No. 97-124 on December 16, 1997, by the Mayor
and Council of Marana.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows;
Marana, Arizona Ordinance 97.36
Page 10f2
Section 1. That certain document entitled "MARANA LAND USE AND DEVELOPMENT
CODE, TITLE 4 PLANNING" with revised Section 04.05, three copies of which are on file in
the office of the Town Clerk of the Town of Marana, Arizona, said revisions to document having
been made a public record by Resolution No. 97-124 of the Town of Marana, Arizona, is hereby
referred to and made a part hereof as if fully set out in this ordinance and is hereby adopted as
law, rules and procedures for the Town of Marana.
Section 2. The various town officers and employees are authorized and directed to perform
all acts necessary or desirable to give effect to this ordinance and portion of the Town Code.
Section 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of the council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
Section 4. 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 thereof.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona
this 16th day of December, 1997.
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Mayor ORA MAE ARN
ATTEST:
2itPV
Town Attorney
Marana, Arizona Ordinance 97.27
Page 2 of2
SECTIONS:
04.1)1
04.02
04.0:3
04.05
AMENDMENTS TO TITLE 4
PLANNING
Comprehensive Development Plan
Area Development Plans
Subject Development Plans
Annual Budget Planning
Development Agreements
Reimbursements for Publk~ Improvements
04.01
04..01
Comprehensive Development Plan
Elements of the Plan
The Town Council shall, within two years of the adoption of this Development Code, adopt a new or
revised Comprehensive Development Plan for the Town of Marana, such plan to contain the following
elements: (1) a transportation plan; (2) a community facilities plan; (3) a plan of potential or preferred
land use; (4) housing plan; and (5) a mult~.-year improvement program for facilities to be constructed
and maintained bythe Town of Marana, as well as necessary supporting data and descriptive material.
04.01.02 Time Span to be Covered by the Plan
The Comprehensive Development General Plan shall provide plans fora period of no less than twenty
(20) nor more than forty (40) years from the year of its adoption, although portions of the plan may
provide specific plans for one-year periods or groups or such smaller periods du~g or within the overall
pedod of the plan.
04.01.03 Frequency of Revision
The Comprehensive Development General Plan shall be revised and submitted to the planning
Commission and the Town Council at least once every six years, or more often upon request from the
Town council. Should no subsequent revision be formally adopted by the Town Council, however, the
existing Plan shall remain in effect until such time as it is revised or until its planning period expires.
04.01.04 Relation to Other Components of the Development Code
It is the intent of the Town Council that all parts of this Development Code Ordinance General Plan as
it has been adopted or as it may be revised and amended from time to time.
04.01.05 Conformance of Public Lands and Structures to the Plan
No street, park, or other public way, ground, place, or space, no public buildings, or structure, and no
public utility, whether publicly or privately owned, shall be constructed or authorized until and unless
the location and extent thereof shall be in conformance with the Towifs Comprehensive Development
General Plan and shall have been submitted to and approved by the Planning Commission; except that
in the case of disapproval by the Planning Commission and the submission to the Town Council of the
reasons for said disapproval, the Town Council may, by a vote of not less lhan a majority of its entire
membership, overrule such disapproval and thereby have the power to proceed with such construction
or authorization. The acceptance, widening, removal, extension, relocation, narrowing, vacation,
abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way,
ground, place, property, orstincture shall be subject to similar submission and approval, and the failure
to approve may be similarly overruled. The failure of the Planning Commission to act within thirty (30)
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days from and after the date of official submission to it shall be deemed approval, unless a longer
period is specifically granted by the Town Council.
04.02 Area Development Plans
The Town Council may also adopt area development plans for specific portions of the Town of Mararia
of such extent and in such detail as the Council may deem appropriate and necessary. Such area
plans shall contain the same elements as a comprehensive development plan.
04,03 Subject Development Plans
The Town Council may adopt Specific Subject Plans which will involve detailed planning for any one
or more of the elements contained in the Comprehensive Plan. Such subject development Plans must
be in conformance with the Comprehensive Development Plan but may.be in greater detail and may
be concerned with only a portion of the Town.
04.04 Annual Budget Planning
The Town Planning Commission shall each year prior to March I submit to the Town Budget
Committee for consideration for subsequent submission to the Town Council a Program of Capital
Improvements for the following fiscal year, such Program of Capital Improvements to be in
conformance wffh the mural-year improvement program contained in the Comprehensive Development
Plan but which also may be in greater detail.
04.05 Development Agreements
04.05.01 Purpose and Intent
A. It is the intent of the regulations in this Section 04.05 to promote and facilitate orderly and
planned growth and development through the provision of certainty in the development
approval process by the Town and through corresponding assurances by the developers.
B. The purposes of these regulations, therefore, are as follows:
a. To eliminate uncertainty in the development approval process, which results in a waste
of resources that contributes to escalating costs of development and which, in turn,
discourages investment and produces higher pdces for consumers.
b. To assure applicants for devalopment projects that, upon approval of their project, they
may proceed in accordanco with existing policies, rules and regulations.
c. To encourage the achievement of growth management goals and objectives, including
assurances of adequate public facilities at the time of development, proper timing and
sequencing of devalopment, effective capital improvements programming and
appropriate development incentives in accordance with existing policies, rules and
regulations.
d. To strengthen the public planning process, encourage pdvate participation in
comprehensive planning and reduce the economic costs of government.
e. To provide a mechanism for allowing exemptions from ordinances or regulations in
order to promote flexibility and to respond more selectively to specific development
proposals.
f. To encourage plan implementation through a more flexible development procedure
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04.05.02 Authorization
These regulations are adopted pursuant to the authority granted byArizona Statues, Section 9-500.05.
All development agreements shall be approved by RESOLUTION OR ordinance of the Town Council
pursuant to these regulations.
04.05.03 PROCEDURE FOR DEVELOPMENT AGREEMENT
A. Initiation by Application
An applicatJon for a development agreement may be made to the Planning Administrator in
accordance with the procedures set forth herein.
a. ^pplicatk)n may be made by a community facilitlas district established pursuant to
Arizona Revised Statues, Section 48-709, Subsection C., or by any person having a
legal or equitable interest in the subject real property. If made by the holder of' an
equitable interest, the application shall be accompanied by a verified trde repo~ and by
a notarized statement of consent to proceed with the proposed development
agreement executed by the holder of the legal interest.
b. ^pplicet~on may be made by the Planning Commission or the Town Council. If' made
by the Planning Commission or the Town Council, the Town shall obtain and attach a
notadzed statement of consent to proceed with the proposed development agreement
executed by the owner of the subject property.
B. Form C-ontents-of Development Agreement.
The application shall be on a form prescribed by the Town Planning Administrator and shall be
accompanied by a proposed o~inance and development agreement.
C. Contents of Development Agreement.
IF APPUCABLE, the development agreement shall include, at minimum, provisions pertaining to the
following:
a. The permitted land use(s) and density/intensity of the proposed development project
and any conditions attached thereto;
b. The phasing of the proposed development project in coordination with the provision of
special public infmsbucture improvements, including, but not limited to, roads, water,
sewer, drainage, parks, municipal and other facilities, required to accommodate the
impacts of the proposed development project on such facili§es at the Town's adopted
level of service standards;
c. The identit'~afion of public infrastructure improvements, including any public
improvement with additional capacity for the benefit of other property owners, to be
dedicated, constructed or financed by the developer pursuant to the development
agreement;
d. The deten~ninatJon of the development project's proportionate share of the costs of
public infrastructure improvements to be dedicated, constructed, or financed by the
developer of the development project;
e. The Town's share of the costs of public infrastructure improvements to be dedicated,
constructed or financed pursuant to the development agreement;
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f. The amount of credits, if any, against the developer's proportionate share of public
infrastructure improvements due to the developer;,
g. Reimbursements, as applicable, to the owner of the subject property of the amount of
any contn~utions for public infrastructure improvements in excess of the proportionate
share of the benefit derived from such facility by the subject property, and
h. The vesting of development approval.
Repayment Agreements.
Reimbursements to the owner of the subject property of the amount of any contributions for public
infrastructure improvements in excess of the proportionate share of the .benefit derived from such
facility shall be subject to the provisions of Sec~on ecJ~9 04.06.
Review by Planning Administrator.
Upon submission of an application for a development agreement, the Planning Administrator shall
reviewthe application and accompanying documentation for legal sufficiency, compliance with techn'mal
requirements, consistency with the adopted general plan for the Town, and applicable specific plans
and relevant Town policies.
F. PLANNING COMMISSION HEARING, IF APPLICABLE.
IF THE DEVELOPMENT AGREEMENT PROVIDES FOR REIMBURSEMENT FOR PUBUC
IMPROVEMENTS, AS SET FORTH IN SECTION 04.06, Upon U,c satisl'actory compl~tion of such
reviewT, ~ Planning Administrator shall place the matter on the agenda of the Planning Commission
for public hearing at lhe next regularly scheduled Planning Commission meeting, subject to applicable
Town procedure. Provided, however, that if the application for development agreement is incomplete
or legally insufficient, the Planning Administrator shall notify the applicaA by ~, ~¢d U.S. n,ail, retu,,,
receipt requested, within fou~cn (14) days after U~e date of subn,ission of such applicon. Said
notifications shall detail the specific grounds for rejection of the application. The applicant may resubmit
at any time.
FG.
Notice of Planning Commission Public Hearing.
Notice of the Planning Commission public hearings shall speci~ the time, place and purpose of such
hearing in the following manner.
BY PUBLICATION The notice of the Public I learing shall be published at least once
in a newspaper of general circulation published or drculated in the Town, at least
fifteen(15) days prior to the Public Hearing; and
By depositing in the United States mail, postage prepaid, at least f'~teen (15) days prior
to the date of such hearing, a notice addressed to the owner or owners of each parcel
of land within three hundred (300) feet of the exterior boundaries of the property subject
to the development agreement. The last known name and address of each owner as
shown of the records of the Pima County Assessor may be used for this notice; and
3. By depositing in the United States mail, postage prepaid, at least r~een (15) days prior
to the date of the hearing, a notice to any person who has filed a written request
therefor with the Planning Commission. Such a request may be submitted at any time
during the calendar year and shall apply for the balance of such calendar year.
4. In the event that the number of owners to whom notice should be sent pursuant to
paragraph 2 above is greater than two hundred (200), the Planning Commission may,
as an alternative to notice required by paragraph 2 above, provide notice pursuant to
this paragraph, Such notice shall be given at least r~teen (15) days prior to the date of
the hearing by either of the following procedures:
a. By placing a display advertisement in a newspaper having general circulation
within the area affected by proposed development agreement; or
b. By plating an insert with any generalized mailing, such as filing for Town
services, sent by the Town to property owners in the area affected by the
proposed development agreement.
5. All raquired notices shall be headed "Notice of Public Hearing" and shall racite in legible
characters:
a. The boundaries of the area proposed to be subject to the development
agreement, e'~her by diagram, plat of brief description.
b. A general explanation of the proposed development agreement.
c. A statement that the Planning Commission reserves the right to make any of
the following recommendations to the Town Council:
(1) That the development agreement be adopted; or
(2) That the development agreement not be adopted; or
(3) That the development agreement be adopted with such changes which in
the opinion of the Planning Commission best serve the public interest.
d. The date, time and place of the public hearing before the Planning
Commission.
e. A statement that any person may appear and be heard before the Planning
Commission.
Planning Commission Recommendation.
At the conclusion of the public hearing, the Planning Commission shall make a report and
recommendation to the Town Council, by affirmative vote not less than a majority of its voting
members, as follows:
1. That the development agreement be adopted as proposed;
2. That the development agreement be adopted with modifications, as proposed by the
Planning Commission; or
3. That the development agreement be denied.
Any action taken by the Planning Commission shall be by resolSon and shall include written findings
specifying the facts and information relied upon by the Planning Commission in rendering decision and
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recommendation. A copy of the resolution shall be filed with the Town Clerk and with the Planning
Administrator.
HI. Town Council Action.
Following the Planning Commission Public Headrig and issuance of the recommendation of the
Planning Commission, IF APPLICABLE, the item shall be placed on the agenda for the next regularly
scheduled Town Courtall Meeting, allowing sufficient §me for publication and notice, if needed. The
Town Council may adopt the recommendation of the Planning Commission without holding a second
public headrig if there is no objection, request for public hearing, or other protest. The Town Council
shall hold a public hearing if requested by the party aggrieved or any member of the public or of the
Town Council. Notice of the time and place of the public headng shall be given in the same manner
and under the same ten'ns as provided in Paregraph F above. The Town Council may:
1. Approve the development agreement;
2. Approve the development agreement with modifications; or
3. Reject the development agreement, in whole or Jn part, and take such further action as it
deems to be in the public interest.
The Town Council, in approving a development agreement, must find that the agreement is consistent
with the adopted general plan for the Town, applicable specific plans and relevant Town polices.
RESOLUTION/Ordinance.
The Town Council shall approve such agreement by RESOLUTION OR ordinance. The Town Councirs
action shall be final and conclusive.
Execution of Development Agreement
If approved by the Town Council, the development agreement shall become effective upon execution
by the Town, a~ng by and through the Mayor, by the applicant and by any other parties to the
development agreemenL
t<L. Notice of Decision of Town Council.
Within ten (10) days following rejection of a development agreement, the Town Clerk shall give notice
of such action to the applicant at the address shown on the application and to th~ Planning
Con~,~fission through ti,e Planning Adi~inisb'ator.
EM. Recordation of Agreement.
Wllhin ten (10) days following complete execution of a development agreement, the Town Clerk shall
record with the Recorder of Pima County, a fully executed copy of the development agreement and
RESOLUTION OR ordinance, which shall describe the land subject thereto. The agreement shall be
binding upon, and the benefits of the agreement shall inure to the parties and all successors in interest
to the pa~ies to the development agreement.
04.05.04 Fees
Upon submission of the completed application, the applicant shall tender a five thousand ($5,000.00)
dollar application fee, said fee to cover, among other things, the costs of publication, legal notices, legal
fees, engineering fees, and other costs associated with the processing of the application. This
application fee shall be nomrefundeble. In the event actual administrative costs exceed this fee, the
owner/developer shall tender additional funds as requested by the Town. THE PLANNING
ADMINISTRATOR MAY REDUCE THIS FEE IF THE ACTUAL COSTS OF PUBUCATION, LEGAL
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NOTICES, LEGAL FEES, ENGINEERING FEES, AND OTHER ADMINISTRATIVE EXPENSES ARE
SIGNIFICANTLY LOWER THAN THE APPLICATION FEE.
04.05.05 Coordination of Development Agreement Application with Other
Discretionary Approvals
It is the intent of these regulations that the application for a development agreement will be made and
considered simultaneously with the review of other necessary applications, including but not limited
to, rezoning, planned commemial, residential or induslfial development, and conditional use permits.
If combined with an application for rezoning, planned development or conditional use permit, the
application for a development agreement shall be submitted ~ said application and shall be
processed, to the maximum extent possible, jointly, to avoid duplication of hearings and repetition of
information. A development agreement is not a subslffute for, nor an alternative to, any other required
permit or approval, and the applicant must comply with all other required procedures for development
approval.
EXISTING AND SUBSEQUENTLY ADOPTED TOWN OPJ~INANCES, POLICIES,
RULES AND REGULATIONS
Unless otherwise p,~,vided by ti ,c developn~c;~t agree,,,ent, rules, regulations and off;,dal policies of U,e
Town gove~, iing pe;. ,~tted uses of tJ ,e lend, govs; nine density and intensity of use, gove,, ,ing public
facility requiren,ents and financing, and goven,ing design, improve.,ent and consb?dclJon ~tandards
and specifications applicable to the subject property, shall be ti,ose rules, regulations and oflicial
policies in force at IJ~e t~n,e of execution of ti,e devalop,.cnt agrcen,ent The adoption of a
develop, t ,ant ag, =e, ~ ,ant, however, shall not prevent ti ,e Tow~, in subsequent a~.tions applicablo to ti ,e
propc;ty or to the Town in general, [l~,n~ applying new rules, ~egulations and polides which do not
conflict with 11,ose app~icabl~ to the prope, ty or to U,c Town in gena;al, froill applying new rules,
n. gulations and polices whk.h do not conflict with lhose applicable to Ihe p, operfy at ti,e tinge of
execu'don of tl ,e development agn.c,, ,ant, or which are, ~'~q uirc d to protect ti ,e healtl, or safety of Town
residerib. The exJstenca of IJ,e develop,,,ent agn.~en,ent shall not prevent ti,e Town fion~ denying or
conditionally app~,ving any subsequenl. develop,,,ent pn.~ject application on 1] ,e basis of such exis6ng
or new rules, regulal~ons and policies.
04.05.07 Subsequently Adopted State and Federal Laws
In the event that state or federal laws or regulations, enacted after a development agreement has been
entered into, prevent or preclude compliance with one or more provisions of the development
agreement, the provisions of the agreement shall be modified or suspended as may be necessary to
comply with such state or federal laws or regulations, and every such development agreement shall
so provide.
04.05.08 Periodic Review, Temlinafion or Modification
An adopted development agreement shall be reviewed at least every twelve (~2) months, at which time
the owner(s) of the property subject to the development agreement shall be required to demonstrate
good faith compliance with the terms of the development agreement. If, as a result of such review, the
Town Council finds and determines, on the basis of substantial evidence, that the owner has not
complied in good faith with the conditions of the development agreement, the Town Council may
unilaterally terminate or modify the agreemenL Such action shall be taken by the Town Council at a
raguJar or special meeting, provided that the developer is notified at least ten (10) days in advance of
such meeting.
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04.05.09 Amendment or Cancellation of Agreement
A development agreement may be amended or canceled, Jn.who~e or in pa~ by mutual consent of the
parties to the development agreement of their successors in interest. The procedure for amendment
or cancellation shall be the same as that for adoption as provided by Subsection 04.05.03 herein.
Notice of intent to amend or cancel any portion of the development agreement shall be given in the
manner provided by Subsec~on 04.05.03.
04.05.10 Enforcement
A development agreement shall be enforceable by any party thereto notwithstanding any change in
any applicable general or specific plan, zoning, subdivision or building regulation adopted by the Town
which alters or amends the rules, regulations or policies specified in the Marana Development Code
or in the development agreement itself.
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