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HomeMy WebLinkAboutOrdinance 92.09 Amending the zoning code relating to significant land uses changes ORDINANCE 92.09 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA AMENDING SECTION 05.03 SIGNIFICANT LAND USE CHANGES OF THE MARANA ZONING CODE. WHEREAS the Town Council of the Town of Marana did, on May 14, 1984, adopt Ordinance No. 84.04 which Ordinance adopted a Development Code for the Town of Marana; and WHEREAS the Town Council has determined that it would be in the best interests of the Town of Marana and for the efficient administration of the Town to modify the process for Significant Land Use Changes to detail the letter of notification, to clarify the protest section and to detail the time periods. NOW, THEREFORE BE IT ORDAINED by the Town Council of the Town of Marana, Arizona that Section 05.03 Significant Land Use Change of the Marana Zoning Code be repealed and recreated as follows: 05.03 SIGNIFICANT LAND USE CHANGES Intent and Purpose The purpose of this section is to establish a procedure for requesting and processing a significant Land Use Change for property in Zones A, B, C, D, and E. A Land Use Change allowed as provided in this section shall be granted to the applicant owner or lessee only and be non-transferable to a new owner or lessee until a new Land Use Change request is allowed as provided in this section. 05.03.01 Notification Of Intended Land Use Change For property in Zones A,B,C,D and E any landowner or lessee wishing to significantly change the way in which a lot or parcel is used as defined in Title 3 of this Code, shall notify in writ- ing by certified mail, return receipt requested, those persons having a real property interest located within one-quarter mile (if the lot or parcel to be changed is in Zone A, D or E), one half mile (if the lot or parcel to be changed is in Zone B), or one mile (if the lot or parcel to be changed is in Zone C), the Marana Town Clerk, and the individual members of the Marana Town Council and Marana Planning Commission of said intent to significantly change the use of the lot or parcel. Letters of notification and attachments shall be dated the same date as the date on the certified mail return receipt received from the post office at the time of mailing. All letters of notification and attachments shall include the following: (1) the street address and a 8 1/2 by 11 inch location map show- ing the lot or parcel and the immediately adjacent uses, (2) an 8 1/2 x 11 inch scaled, dimensioned site plan showing lot dimensions, lot area, setbacks, existing and proposed buildings, mobiles, building height, parking and loading areas and drive- ways, septic systems and walls or fences. For an existing build- ing where no exterior changes are proposed the site plan is not required. (3) a complete description of the proposed use and it's operation, number of employees, complete list of permits needed, both existing and proposed, automobile and truck traffic volume estimates, for non-residential uses the UBC occupancy classifica- tion and for operations using or storing hazardous materials described in Chapter 9 of the UBC information regarding the amount of hazardous materials and hazardous procedures. (4) a statement that those persons having a real property inter- est may protest the proposed land use change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification and attachments. For purposes of this ordinance, persons having a real property interest shall be defined to include only owners of record, lessees under a lease recorded with the Pima County Recorder and vendees of a recorded real estate sales contract. Prior to undertaking the proposed land use change, the landowner or lessee undertaking the proposed land use change shall review with the Planning and Zoning Administrator the complete letter of notification and attachments, the list and map used to notify the property owners per this section and the procedures utilized and shall furnish a complete copy to the Administrator. All completed return receipt cards shall be pro- vided to the Town of Mararia. Any land use change allowed under 05.03 shall either commence within a period of one year from it being allowed or be null and void , unless, upon a written re- quest from the applicant submitted no later than 30 calendar days prior to the one year date of expiration, the time period is extended by the Town Council. 05.03.02 Protest. If owners of a real property interest immediately adjacent to the lot or parcel for which a significant land use change has been proposed, or if more than 25 percent of the owners of nearby property as defined in Title 3 of this Code, or if by affirmative motion by the Planning Commission or Town Council protest the proposed land use change in writing to the Town Clerk within 35 calender days of the date of the letter of notification and attachments, then the landowner or lessee proposing the change must proceed per 05.03.03 of this Code. If none of the above situations occur the landowner or lessee proposing the change may proceed with the intended change without further approval from the Town, except as may be required under other sections of this Code or by other ordinances of the Town of Marana. 5.03.03 Response to Protest: The land owner or lessee proposing the change shall have an additional thirty (30) calender days in which to present rebuttal to the said protests before the Planning Commission at a public hearing that shall be scheduled no sooner than ten (10) calender days and not later than thirty (30) calender days after the expiration of the protest period. Notice of the time and place of the hearing, including a general description of the matter to be considered as well as a description of the parcel for which a change has been proposed and the nearby area affected by the change, shall be given at least fifteen (15) calender days prior to the hearing by publishing the notice of hearing at least once in a newspaper of general circulation published or circulated within the Town of Marana, or if there is none, by posting the notice of hearing on the parcel of land for which a significant land use change has been proposed in such a manner as to be visible from the public right-of-way and in at least ten (10) public places in the Town. Any posted notice on the parcel in question must be printed so that the words, "Land Use Change", and the date and time of the hearing are legible from the public right-of-way. 05.03.04 Decision by the Planning Co~ission. The Planning Commission shall then have an additional thirty (30) calender days after the date of the public hearing in which to weigh the merits of the proposed land use change and either approve the land use change or deny such approval, or grant approval based on any reasonable adjustment or compromise that is acceptable to both the party requesting the significant land use change and the majority of the Planning Commission. The decision of the Planning Commission shall be arrived at in open meeting and shall be explicit as to the reason (s) for the approval or denial. Where twenty five (25) percent or more of the nearby real property owners have protested the proposed significant land use change, approval of the change must be made by a three-fourths vote of the Planning Commission. 05.03.05 Appeal from the Decision of the Planning Commission. Either the party requesting a significant land use change or any recorded protester as described in 05.03.01, of that change may appeal the decision of the Planning Commission to the Town Council. Such appeal must be made in writing to the Town Clerk within five (5) working days of the rendering of the decision by the Planning Commission. When such a notice of appeal has been submitted to the Town Clerk, it will be brought before the Town Council at the Council's next regular meeting as an order of business agenda item. The Town Council may then confirm or modify or reverse the decision of the Planning Commission. Any motion to modify or reverse the decision of the Planning Commission shall contain the explicit reason(s) therefore. If the Town Council takes no action on the matter, the decision of the Planning Commission shall stand. PASSED AND ADOPTED by the Town Council of the Town of Mara- na, Arizona this 19th day of May, 1992. MAYOR APPROVED AS TO FORM: