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HomeMy WebLinkAboutOrdinance 87.22 Amending Ordinance 84.04 the land development code ordinanceORDINANCE 87.22 AMENDING THE DEVELOPMENT CODE ORDINANCE OF THE TOWN OF MARANA, ORDINANCE 84.04 BE IT ORDAINED BY THE TOWN COUNCIL OF MARANA, ARIZONA: SECTION 1. That the Development Code Ordinance of The Town of Marana, Ordinance 84.04, is amended as follows: 03.02. DEFINITIONS. The definition of the term "Specific Plan" is deleted in its entirety and amended to read as follows: Specific Plan -- a zoning document adopted in accordance with Chapter 05.06. that includes text, maps or other exhibits regulating land use and development within a specified area of the Town of Marana. 05.01. ESTABLISHMENT OF ZONES. Paragraph F is added to Section 05.01.02. to read as follows: F. Zone F (Specific Plan Zone) shall be comprised of all land within the Town of Marana for which a specific plan has been adopted by the Marana Town Council pursuant to the provisions of Chapter 05.06. 05.02. REGULATIONS WITHIN ZONES. Section 05.02.06. is added to read as follows: 05.02.06 Zone F - Specific Plan Zone. The permitted uses, density requirements, setback and other regulations applicable within a Specific Plan Zone shall be those contained within the specific plan adopted by the Marana Town Council pertaining to the land within that zone. 05.06. SPECIFIC PLANS. Chapter 05.06. entitled as follows: "Specific Plans" is added to read 05.06. SPECIFIC PLANS, 05.06.01. Purpose. The purpose of this Chapter and criteria for the preparation, implementation of specific plans 9-461.08. is to provide uniform procedures review, adoption and as authorized by A.R.S. Section 05.06.02. Application. A. WHO MAY MAKE APPLICATION. A specific plan shall be requested by filing a specific plan application with the Planning and Zoning Administrator and shall be made only by: Commission. the property owner(s) of the subject property; or an agent for the property owner(s); or the Town of Marana, upon initiation by the Planning RESTRICTION ON APPLICATION, 1. CONSENT. The written consent of all property owners of record within the proposed specific plan zone shall be required at the time of application submittal. 2. AREA. The area to be subject to the proposed specific plan: a) 80 acres or less may, at the choice of the property owner, submit a specific plan; b) Larger than 80 acres must submit a specific plan 3. CONFIGURATION. A proposed specific plan shall not be allowed which excludes an area within the plan boundary. C. SUBMITTALS. 1. All specific plan applications shall include, at a minimum: a. a completed and signed application on a form prescribed and established by the Planning and Zoning Administrator; b. a legal description of the property; c. a precise map showing the land to be regulated by the proposed specific plan; d. the written consent of all owners of the real property to be regulated by the specific plan and a list, by name and title, of all ownership interests in the real property; e. a letter of authorization for an agent; f. a development capability report (refer to Section 05.06.02.D.); g. the specific plan proposed by the applicant for adoption, which shall contain the information described in Section 05.06.02.E. 2 D. DEVELOPMENT CAPABILITY REPORT REQUIREMENTS. The development capability report is a map and text summary of the impact of the proposed development on site conditions existing on the land to be regulated by the specific plan which shall address the following: 2. 3. 4. 5. historical) 6. 7. topography and slope analysis; hydrology and water resources; vegetation and wildlife habitat; geology and soils; paleontological and cultural (archaeological and resources; existing structures, roads and other development; existing infrastructure and public services. E. SPECIFIC PLAN REQUIREMENTS. 1. The map elements of the specific plan shall illustrate and identify: a. All land uses; b. Adjacent lots and structures within 150 feet of the plan boundary; c. Open space, recreational facilities, parks and trails; d. Public, educational, health care and religious facilities; e. Drainage plan; fo Name, location and extent of existing or proposed major and collector streets located within the area to be regulated by the specific plan or needed for servicing that area; g. Location and extent of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; and h. Density donor and recipient areas, if applicable, in accordance with Section 05.06.06. 2. The text elements of the specific plan shall describe and contain: a. The objectives of the specific plan; b. The compatibility of the specific plan with adjoining land uses; c. Detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to Sec. 05.06.06.); d. Specific development standards for the map elements; e. Hydrology analysis; f. Standards for the phasing, construction and maintenance of major and collector streets proposed for the plan area or needed for servicing the project; g. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; h. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife; i. General landscape program; j. For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services; k. For multi-phased plans, a draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of public services. 3. The text of the specific plan shall specify how and to what extent the specific plan is to supplement or supersede adopted Town Development Code regulations. Upon approval, the specific plan supersedes any provision in the Development Code to the contrary. However, in no event shall the provisions contained in Chapter 05.03. of this Development Code relating to Significant Land Use Changes, the provisions contained in Title 7 of this Development Code relating to Large Scale Developments, the provisions contained in Paragraph E of Section 06.03.02. of this Development Code relating to Open Space or the provisions of Paragraph A of Section 06.03.03. of this Development Code relating to Dedicated Streets be applicable to property which is regulated by an adopted specific plan. F. CONSISTENCY WITH LAND USE PLANS AND INTENT AND PURPOSE OF DEVELOPMENT CODE. Adopted specific plans shall be in substantial conformance with the Town of Mararia General Plan and any other land use plans adopted by the Marana Town Council. A plan amendment shall be required when a proposed specific plan is in conflict with adopted Town of Marana land use plans. In addition, adopted specific plans shall be consistent with the intent and purpose of this Development Code (refer to Chapter 01.02.). G. COORDINATION OF REVIEW OF APPLICATION. The Planning and Zoning Administrator and the Town Engineer, along with any consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review specific plan applications for the purpose of determining whether such applications are in conformance with the provisions contained in this Section 05.06.02. The Planning and Zoning Administrator shall be responsible for advising the applicant in writing within 30 days following submission of the specific plan application of any changes necessary in order to bring the specific plan application into compliance with the provisions of this Section 05.06.02. Following any resubmittal of the specific plan application, the Planning and Zoning Administrator shall be responsible for advising the applicant in writing within 10 working days following the resubmittal of the application of any further changes necessary in order to bring the application into compliance with the provisions of this Section. Failure of the Planning and Zoning Administrator to notify the applicant per this section of changes necessary in order to bring the application into compliance with the provisions of this Section shall be deemed an acknowledgment that the specific plan application is complete. 05.06.03. Fees and Fees of Consultants. Non-refundable Specific plan fees are required at the time of the filing of a specific plan application and are payable to the Town Clerk in accordance with the fee schedules adopted by Town Resolution. The Town may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto. 05.06.04. Planning Commission Review. A. PUBLIC HEARING. A public hearing on the proposed specific plan shall be held before the Planning Commission no later than 45 days following the applicant's submittal of a complete specific plan application in accordance with the provisions of Section 05.06.02.G., unless a longer period is agreed to in writing by the applicant. B. PUBLIC HEARING NOTICE TO ADJACENT PROPERTY OWNERS. Certified ma~l notification (return receipt made to the Marana Town Hall) shall be made by the proposer of the specific plan concurrently with the setting of the public hearing before the Planning Commission. The notice shall include at a minimum; a) written notice of the availability on the proposed specific plan, b) a map and legal description covered by the proposed specific plan, c) that the proposed specific plan can be reviewed at the Marana Town Hall, and d) time, date and location of the public hearing before the Planning Commission. Notice shall be sent to all the property owners of record withing the distances described in section 10.04.01. The proposer of the specific plan shall provide the Planning and Zoning Administrator with a copy of the list and map used to notified the property owners per this section prior to undertaking the notification. c. RECOMMENDATION BY PLANNING AND ZONING ADMINISTRATOR. The Planning and Zoning Administrator and the Town Engineer, along with any consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review the specific plan application for the purpose of formulating a written recommendation to the Planning Commission with respect to the proposed specific plan. The recommendation may include, among other factors, discussion of the following: 1. conformance of theproposed specific plan with the Town of Marana General Plan and other applicable land use plans adopted by the Town; 2. assessment of the development capability report described in Section 05.06.02.D.; 3. analysis of the expected impact of the proposed development on the site and surroundings; and 4. special regulations necessary for the proposed specific plan. The written recommendation shall be prepared by and submitted to the Planning Commission by the Planning and Zoning Administrator after consultation with the Town Engineer and the consultants, if any, retained by the Town to review the proposed specific plan. D. AVAILABILITY OF REPORT. The written recommendation to the Planning Commission prepared by the Planning and Zoning Administrator shall be available for public inspection at least 10 days prior to the date of the Planning Commission public hearing. E. PUBLIC NOTICE. Notice of the public hearing before the Planning Commission shall be given with at least 15 days notice in accordance with the provisions of Chapter 10.02. F. PUBLIC HEARING. 1. After proper public notice, the Planning Commission shall hold a public hearing on the application, at which interested parties shall be heard. 2. The Planning Commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or specific instructions for plan administration. 3. The Planning Commission may continue the public hearing or its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Planning Commission on its own initiative or at the request of the applicant or affected property owners. 4. Within 30 days following the public hearing, the Planning Commission shall transmit a written recommendation on the application to the Town Council in accordance with Paragraph A of Chapter 10.03. G. SUPERSEDING EFFECT. The provisions of this Chapter 05.06. shall supersede the provisions contained in Chapter 10.01. insofar as the provisions of Chapter 10.01 would otherwise apply to a rezoning of property to the Specific Plan Zone. 05.06.05. Town Council Review. A. PUBLIC NOTICE. Public notice of the Town Council hearing shall be given in the same manner as described in Chapter 10.02. relating to the giving of notice of a public hearing by the Planning Commission. B. PUBLIC HEARING. 1. After proper public notice, the Town Council shall hold a public hearing on the application, at which interested parties shall be heard. The public hearing to be held by the Town Council shall occur no later than 120 days following the applicant's submittal of a complete specific plan application in accordance with the provisions of Section 05.06.02.G., unless a longer period is agreed to in writing by the applicant. 2. The Town Council may continue the public hearing or its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Town Council on its own initiative or at the request of the applicant or affected property owners. 3. The Town Council may approve by ordinance the specific plan as submitted by the applicant or with amendments, deletions or additions which promote the public's health, safety, morals and general welfare, or the Town Council may deny the request. 05.06.06. Density Transfer. A. The Planning and Zoning Administrator in concurrence with the Planning Commission may permit the transfer of densities to more suitable locations within the specific plan, provided: 1. The locations and procedures for such transfers are explicitly stated within the specific plan; and 2. The overall density of the specific plan or individual planning area is not exceeded. B. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be delineated within an individual specific plan to be designated only as donor areas. C. The total number of units transferred to a recipient area shall not exceed 20% of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than the established maximum transfer percentage shall be deemed a substantial change (refer to Section 05.06.07.). 05.06.07. Specific Plan Changes. A. SCOPE. All specific plans shall describe in sufficient detail the criteria and process for amendment, which shall be no less restrictive than the minimum requirements of this Section 05.06.07. B. CONSISTENCY. All specific plan amendments shall be in substantial conformance with the remainder of the specific plan, with the Town of Marana General Plan and with other applicable land use plans that have been adopted by the Town. PROCEDURE. 1. The owner or agent of the property may submit to the Planning and Zoning Administrator a written application to amend one or more of the specific plan regulations; 2. The Planning and Zoning Administrator shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which after public hearing, shall approve, reject or modify the proposed amendment. D. AMENDMENTS CAUSING LAND USE CHANGES. No specific plan amendment shall cause the provisions contained in Chapter 05.03. of this Development Code relating to Significant Land Use Changes to become applicable to property which is regulated by an adopted specific plan. 10.04. PROTEST. Chapter 10.04. is hereby amended and the following added: 10.04.01 SPECIFIC PLAN PROTEST. If the owners of twenty per cent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty feet therefrom, or of those dfrectly opposite thereto extending one hundred and fifty feet from the street frontage of the opposite lots, file a protest in writing against the change, it shall not become effective except by the favorable vote of three-fourths of members present and voting and not less than four (4) favorable votes. If the Mayor or any member of the Town Council is unable to vote on such a guestion because of a conflict of interest, then the required number of votes for passage of the guestion shall be three/fourths of the remaining membership of the Town Council, provided that such required number of votes shall in no event be less than four favorable votes. SECTION 2. That it is necessary for the preservation of the peace, health and safety of the Town of Mararia that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED by the Mayor and Town Council of the Town of Marana, Arizona this 17th day of November, 1987. ATTEST: APPROVED AS TO FORM: REVIEWED BY: