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HomeMy WebLinkAboutResolution 98-079 adopting a general plan amendmentMARANA RESOLUTION NO. 98-79 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING AN AMENDMENT TO THE MARANA GENERAL PLAN, WHICH SHALL EXPAND THE URBANIZING BOUNDARY AND ESTABLISH A POSITION STATEMENT DEFINING THE TOWN'S PHILOSOPHY ON ZONING INCLUDING, BUT NOT LIMITED TO, SPOT AND STRIP ZONING, RESIDENTIAL ZONING, COMMERCIAL ZONING, AND INDUSTRIAL ZONING AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, by Resolution No. 97-06, the current Marana General Plan was adopted by the Town Council on February 4, 1997; and WHEREAS, this certain amendments relating to (1) the adjustment of the urbanizing boundary of the Town, which would incorporate the area between 1-10 and Dove Mountain north of Tangerine Road and the area immediately surrounding the Avra Valley Airport as delineated in Exhibit A, and (2) the establishment ora Position Statement concerning Zoning as noted in Exhibit B are necessary and in the Town's best interest; and WHEREAS, the amendments contained in Exhibits A and B were presented to the Planning Commission on May 27, 1998, with a unanimous recommendation for approval by the Town Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, adopting amendments to the Marana General Plan, which expands the urbanizing boundary and establishes a Position Statement defining the Town's philosophy on zoning including, but not limited to, spot and strip zoning, residential zoning, commemial zoning, and industrial zoning, as delineated in Exhibits A and B attached hereto and incorporated herein by this reference, and repealing all resolutions, ordinances, and rules of the Town of Marana in conflict therewith. Marana, Arizona Resolution No. 98-79 Page I of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of August, 1998. Mayor ORA MAI~HA15,~ ~AS TO FORM: Town Attorney Maram, Arlz~na Resolution No. 98-79 Page 2 of 2 EXHIBIT A I-ia o -- ~ ~ -~ ~ .~ EXHIBIT B A POSITION STATEMENT ON ZONING FOR THE TOWN OF MARANA The General Plan Advisory Committee (GPAC) of the Town of Marana identified a number of needs to be considered as part of the annual General Plan Update. One of these was a position statement on zouing which would aid the Planning and Zoning Department immeasurably in conveying the Town's position to those considering the request of a zoning map change of any nature. The following, adopted by the Town Council as a part of the General Plan Update, reflects the position of the Town as it relates to zoning. Statement on Zoning I. Purpose of Statement The purpose of this statement is to provide the citizens of the Town of Marana, the Town Council and the Town Planning and Zoning Commission with general guidelines on Zoning. Oftentimes, disagreement and misunderstanding is due to a lack of clear lines of communication. It is not intended that this statement set forth hard and fast rules which cannot be modified as appropriate conditions indicate. This statement is not intended as a substitute for a General Plan or any part thereof, but to reflect the goals and objectives of the General Plan of the Town of Marana as it relates to land use, economic development and public facilities. II. Philosophy of Zoning In theory, planning should precede zoning. Zoning, however, as the main tool for effectuating land use planning, has had to bear the burden of guiding growth. With ever increasing land speculation and development, it is evident that requests for zoning changes will also increase. With the present low population density throughout most of the community and shortages of specific land use districts not yet becoming evident, the need for a policy on zoning is ever increasing. Zoning has, however, accomplished a great deal and has helped to prevent haphazard and chaotic growth throughout the Town. Zoning has several aims: (1) to assure orderly community growth and thereby to safeguard the general public welfare; (2) to regulate the use of private property, thereby, protecting the community against the harmful invasion of buildings and structures; (3) to conserve property values: and (4) to help implement the General Plan. In practice, zoning often tends to be used as a rigid commitment to the "status quo" and as a way of excluding unwanted nuisance uses. Zoning must be flexible and should be used to enfome sound land use policies as determined by an appropriate General Plan. III. Comprehensive Zoning The zoning ordinance must be comprehensive in character. It should be applied to the entire town in a uniform manner. Sporadic or piecemeal zoning should not be allowed. "Spot" and strip zoning are examples of piecemeal zoning. A. Spot Zoning Defined Spot zoning is giving a lot, a parcel, or several lots or parcels, a use classification inconsistent with that of the zone in which it is located, with the effect of conferring special benefits upon particular property owners. Spot zoning does not mean that permitting small business districts to be located in residential sections is invalid per se, even though the effects may be to cause such districts to be spotted. Determination of spot zoning depends on whether the different uses are for the promotion of the public welfare pursuant to the General Plan or whether they are for special privileges. Spot zoning can occur from passage of amendments which classify districts or lots for uses prohibited in the zone by the original ordinance. The validity of this procedure should be determined by the facts and circumstances in each case, and may be necessary to meet unusual situations or changed conditions. B. Statement on Spot Zoning 1. Requests for zone changes for all use classifications will first be examined to determine if they are spot zoning. 2. Requests that are spot zoning will be denied unless it is demonstrated that the public welfare will be served. Strip Zoning Defined Strip zoning is similar to spot zoning, except that it refers to the elongation of a use district along traffic arterials. It results in bestowal of special benefits to property owners to the detriment of other property owners. Non-residential strip zoning is partly due to the mistaken belief that all lots on main thoroughfares are potential business sites. 2 Statement on Strip Zoning 1. Requests for zone changes will first be examined to determine if they are strip zoning. 2. Requests for strip zoning may not be favorable considered, with these exceptions: Strip commercial developments are discouraged by rezoning policies which relate neighborhood serving establishments to their local markets, however, commercial zoning may be extended if there is not enough vacant land zoned commemial in nearby areas to serve neighborhood needs. b) Commercial zoning may be extended if it does not place an undue burden on public facilities in the area and result in the encroachment on existing or planned residential areas. Statement on Residential Zoning 1. Single family residential a) Sustainable development of an appropriate density/intensity should be given support. b) Environmentally sensitive development which provides clustering to preserve open spaces should be supported. Proposals that will result in intense development on environmentally sensitive lands will be discouraged. c) Development uniquely tailored to rural or scenic areas, which are economically viable, should be supported. Developments which are premature or economically non-viable and unsightly intrusions into rural or scenic areas will be discouraged. e) Support should be given to promote developments in areas where ample infrastructure system capacities are available and these areas should be developed first. Development which is in excess of one (1) mile from existing services or which cannot be reasonably expected to receive public infrastructure within a three (3) year period will generally not be supported. 3 g) i) J) 1) b) Development resulting in costly leapfrog infrastructure extensions will not be supported unless oversized improvements are financed at the developers expense and only where there is a clear cost- benefit to the Town assured by developer contributions and comprehensive detailed masterplanning to provide necessary infrastructure. Developers are expected to finance infrastructure for residential growth. Wherever possible, development shall adhere to Town and regional open space plans and their connectivity. Due to the current lack of agricultural or large lot subdivisions, the development of such areas may be necessary prior to the need for future small lot subdivisions and should be considered independent of them when the town is reviewing such proposals. Residential construction at other than low density residential yields, or within masterplanned communities, outside of the Marana loop alignment in the north, western and south central portions of the planning area should be discouraged. Significant housing at a density greater than 3 RAC should be confined within approximately one (1) mile of 1-10 or south of Cortaro Farms/Continental Ranch unless and until appropriate Marana Loop improvements have been made. Development of property outside the urbanizing boundary, as identified in the General Plan, such as State Trust Lands, should comprise a half section or more of masterplarmed real estate. Proposed residential development in close proximity to existing low density housing should replicate residential densities within IA mile of the inhabited residences unless a more dense clustering is required to support needed municipal system extensions. Multiple family residential Large scale multiple family developments should be encouraged and their need should be considered aside from the need for small lot developments. Due to the density and traffic generating factors of multiple family development, such zoning should be located along collector streets and used to buffer these streets and uses such as commercial areas from less intense uses such as single family developments. 4 c) e) a) b) c) b) c) Multifamily zoning may be granted in areas that generate large mounts of commercial activity because of their location and intense land use. Requests for multifamily zoning along heavily traveled streets should, in general, be denied if there is enough land zoned, but undeveloped, for multifamily use to meet the area's needs. Multifamily zoning may be granted if it adjoins or abuts existing multifamily zoning and demonstrated neighborhood need can be proven. Multifam'lly zoning generally should separate single family residential uses from business, professional and personal service offices, and commercial activities. Mobile Home Subdivision and Mobile Home Park A need for mobile home rental space exists in the community. The nature, density and traffic generating factors of moblle home parks indicate that they should be located along major arterials and used to break up the strips of commercial uses which will occur along these routes in the future. Requests for mobile home parks or mobile home subdivisions may be granted provided they exert no undue or unusual influences on surrounding properties. Master Planned Developments Master planned development will be considered in light of its compatibility to the immediate neighborhood as well as the design of the development which shall reflect sound design principles which are commensurate with the purpose of a master planned Development. Support will be given to the development of well-served opportunity areas designated to accommodate a variety of housing, jobs, shopping, recreation and cultural amenities with appropriate buffering, transition and open space, in appropriate locations. Master planned communities which are able to finance self- contained service facilities that may later be added to municipal systems should be encouraged. 5 10. d) Neighborhood clusters-compact, cost beneficial planned community nodes, which may include shopping, employment, schools, churches and parks, surrounded by low density housing and open space should be encouraged. Statement on Commercial Zoning Commercial rezohing will be considered in light of the mount and quality of land available for commercial development in the area. Economic development efforts which target sites with established infrastructure should be supported. The Town should take initiative for infrastructure improvements for proposals which promote or draw economic development. Rezoning for a commemial use will not be allowed if it results in general downgrading of, or intrusion into, a residential area, creates excessive traffic problems or overtaxes existing utilities. Commercial rezoning may be allowed if it is a legitimate expansion of an existing commercial zone and if it can be shown that the surrounding area can be suitably protected from property damage and a demonstrated need can be proven. Commercial rezoning should be denied if a more restrictive zoning satisfies the intended use. Rezoning to economic development uses, particularly retail, hospitality and resort construction to provide a replenishing supply of targeted opportunity sites, based on annual analysis of land absorption, should be given support. Support should be given to proposals which encourage the separation of commercial areas through the use of open space, manufactured home parks and multiple-family zoning, in order to discourage strip commercial development. Future neighborhood commercial development should be located at the intersection of collector streets and buffered from surrounding single family residences through the use of multiple family residential and commercial office zoning. Industrial/office and tourist businesses should be situated in proximity to the interstate corridor or internal to masterplarmed neighborhoods and resort developments. 6 11. Support will be given to the development of hospitality industry uses, ie.hotels, restaurants and traveler's conveniences, in appropriate locations, which support the Marana goal to be a gracious host to the traveling public. 12. Larger regional activity centers for retail and employment uses may be appropriate at major intersections along Tangerine Road and the Marana Loop, as they are improved. 13. Development along the I-10 corridor should be reserved for more intense land uses, particularly industry and commeme. 14. Major commerce should be confined within approximately one (1) mile of 1-10 or south of Cortaro Farms/Continental Ranch unless and until appropriate Marana Loop improvements have been made. 15. Key locations such as freeway intemhanges or major street crossings should provide open space, public areas and multiple family housing as well as intensive commemial/industrial uses. Statement on Industrial Zoning 1. Industrial zoning will be viewed in particular relation to the economic effect of the proposed development on the whole town. 2. Industrial park development will be encouraged where practical and where a need is demonstrated. Industrial land should be treated as the equal of other land uses, and thus protected against harmful invasion of uses which may be detrimental to industrial development. To sustain agriculture and mining as sound contributors to the local economy, non-compatible uses such as housing within a close proximity will be discouraged to reduce potential complaints arising from production operations. 4. Industrial rezoning will be considered in light of the amount and quality of land available for industrial development in the area. 5. Clean, water-conserving industry should be given support. Counterproductive economic development such as business/industry that consume or impact land/water/air resources inordinately should be discouraged, not withstanding their promise of jobs or revenues. 7 H. Miscellaneous 1. Strong neighborhood support for zoning at a public heating will be given as much credence as protest. Newly annexed areas will be zoned after taking into account: County zoning in effect at the time of annexation, existing land use and studies of other related matters. All rezone requests will be examined in the field to determine not only their compatibility with adjacent land uses, but also their feasibility from a topographic standpoint (size, location, topography). Based on staff studies, the Planning and Zoning Commission will, where appropriate, initiate petitions for rezoning of larger or different areas to make the zoning pattern more realistic and to forestall piecemeal, unrelated applications. 5. No zone change will be given only to "clean up" a lot or area, or to increase its market value. 6. Large segregated tracts representing highly speculative future development will be discouraged. 7. "Profit motive" is not an acceptable reason, in and of itself, for either approving or disapproving a rezoning request. 8. In general, requests that are obviously an attempt to avoid the "spot zone" stigma will not be granted. Proposed development will be measured as to its overall contribution to Marana and will be evaluated on the basis of the regional impacts of the proposed development. 10. Support should be given to creative land development patterns which are fundamental to orderly growth. 11. Environmentally impacting or unsightly uses in locations which would detract from the Town's desired image should not be given support. 12. Agricultural uses are encouraged to continue as neighboring uses in an airport vicinity to minimize noise and hazard impacts. 8