HomeMy WebLinkAbout09/19/2005 All Council Blue Sheets
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: September 19, 2005
AGENDA ITEM:
1.1.
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, AICP, Planning Director
SUBJECT: Resolution No. 2005-121: Relating to Development; approving and
authorizing an amended final plat re-subdivision of lots 266, 268
and 269 and Common Areas "A" and "B" for The Preserve II at
Dove Mountain.
DISCUSSION
The original final plat for The Preserve II at Dove Mountain, which includes lots 183 through
305 and Common Areas "A", "B" and "D", was adopted by the Town Council on August 17,
2004 by Resolution 2004-126. This request is to re-subdivide lots 266, 268 and 269 and
Common Areas "A" and "B" with the elimination of lot 267.
Cottonwood Properties is requesting this amended final plat partial re-subdivision in order to
accommodate the subdivision to the north, Quail Crossing II at Dove Mountain as recorded in
Book 55, Page 23. The residents of Quail Crossing II thought that lots along their southern
boundary would not border against or be near lots in The Preserve. The master developer of
Dove Mountain made a request for this change in order to accommodate the property owners in
Quail Crossing II. This proposed partial re-subdivision increases the amount of common area
open space between lots in the two subdivisions, as well as removing one lot from The Preserve
II at Dove Mountain.
ATTACHMENTS
Summary of application, locator map, final plat and revised final plat.
RECOMMENDATION
Staff recommends approving an amended final plat partial re-subdivision of The Preserve II at
Dove Mountain, Lots 266, 268 and 269 and Common Areas "A" and "B". Staffhas reviewed
the application for compliance with the original final plat for The Preserve II at Dove Mountain
adopted by Resolution 2004-126, the Dove Mountain Specific Plan, the Marana Land
Development Code and the Marana General Plan. This final plat is in substantial conformance
with all required development regulations and conditions of zoning.
SUGGESTED MOTION
I move to approve Resolution No. 2005-121.
PRV-03016A The Preserve 11 at Dove Mountain Resub FP TC 091705
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: September 19, 2005
AGENDA ITEM:
1.2.
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin AICP, Planning Director
SUBJECT: Resolution No. 2005-122: Relating to Development; approving and
authorizing a Imal plat for Gladden Farms Blocks 18 & 20.
DISCUSSION
Request
US Home/Lennar is requesting final plat approval of a 102-lot single family detached home
subdivision on approximately 33 acres within the Gladden Farms Development.
Location
The proposed subdivision will be located in Blocks 18 & 20 of the Gladden Farms Block Plat,
which is located east of Lon Adams Road and approximately one-half mile south of Moore
Road.
Zonine:
The zoning for Block 18 is R-8 (Single Family Residential with a minimum lot size of 8,000
square feet), and Block 20 is R-7 (Single Family Residential with a minimum lot size of 7,000
square feet). The entire subdivision is being platted at the R-8 standards with a minimum lot size
of 8,238 square feet for lot one and the average lot size for the subdivision at 9,434 square feet.
Transportation
This project will have two shared accesses from Lon Adams Road and will also internally
connect to Block 12 to the north and Block 21 to the south.
Park Requirements and Benefit Fee Area
The on-site park and recreation requirement is being met with a park being planned for a portion
of Common area "C-l ", which is centrally located within the subdivision. This subdivision also
provides a trail connection to the future trail that will be located in the 50 foot open space area on
the east side of this project, which is to be dedicated to the Town of Marana by way of this final
plat.
The off-site park and recreation requirement per an approved development agreement with
Gladden Farms, L.L.c. has been modified with the adoption of the new Marana Park Benefit
Area impact fee. The new fee was increased from $100 per unit to $822 per unit, payable at
building permit issuance.
PRV-04059 Gladden Farms Blocks 18 & 20 FP TC 091905.doc
Per the second amendment to the Gladden Farms development agreement the developer has
agreed to pay a school improvement in-lieu fee of $900 per new residential dwelling unit. This
will be paid to the Marana School District prior to the issuance of each building permit.
ATTACHMENTS
Summary application, location map and plat reduction.
RECOMMENDATION
Staff recommends approval of a final plat for Gladden Farms Blocks 18 & 20. Staff has
reviewed the application for compliance with the development agreement adopted by Resolution
No. 2001-156 December 4, 2001, as amended by Resolution No. 2004-24 February 17, 2004,
Resolution No. 2004-102 July 20, 2004, and Resolution No. 2004-172 December 21, 2004, the
Marana Land Development Code, the Northwest Marana Area Plan and the Marana General
Plan. This final plat is in conformance with all required development regulations and conditions
of zoning.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-122.
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031505 PRV-04059 Gladden Farms Blocks 18 & 20 FP TC
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARAN A
MEETING DATE: September 19, 2005
AGENDA ITEM:
J.t.
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin AICP, Planning Director
SUBJECT: Resolution No. 2005-123: Relating to Development; approving and
authorizing a preliminary plat for Gladden Farms Block 19.
DISCUSSION
ReQuest and Commission Historv
The applicant is requesting preliminary plat approval for a 46-1ot single family detached home
subdivision on approximately 15 acres within the Gladden Farms Development.
This project was presented to the Planning Commission on June 29, 2005. The Planning
Commission is forwarding this preliminary plat to the Town Council with a unanimous
recommendation of approval.
Location
The proposed subdivision will be located in Block 19 of the Gladden Farms block plat, which is
west of Lon Adams and north of Tangerine Farms Road.
Zonine: and Builder Information
The zoning for Block 19 is R-8 (Single Family Residential with a minimum lot size of 8,000
square feet). The smallest lot size within this project is lot 23 at 8,243 square feet with an
average lot size for the subdivision of 8,601 square feet.
Gladden Forest L.L.C. does not currently have a builder for Block 19. Once a builder has
committed to this Block, staff will review the proposed floor plans and elevations for
conformance with Town Standards, the Northwest Marana Area Plan and the Gladden Farms
Design Standards.
Transportation
This project will have one access from Lon Adams Road and will also internally connect to
Block 17 to the north.
Park ReQuirements and Benefit Fee Area
Per the Marana Land Development Code, only subdivisions of 50 lots or more are required to
provide on-site recreation. This subdivision only has 46 lots and is therefore not subject to that
requirement. However, the developer is proposing an on-site recreation area for a portion of
common area "C-1".
PRV-04055 Gladden Farms Block 17 PP TC 031505.doc
The off-site park and recreation requirement per an approved development agreement with
Gladden Farms, L.L.C. has been modified with the adoption of the new Marana Park Benefit
Area impact fee. The new fee was increased from $100 per unit to $822 per unit, payable at
building permit issuance.
Per the second amendment to the Gladden Farms development agreement the developer has
agreed to pay a school improvement in-lieu fee of $900 per new residential dwelling unit. This
will be paid to the Marana School District prior to the issuance of each building permit.
ATTACHMENTS
Planning Commission report, summary application, location map and plat reduction.
RECOMMENDATION
Staff recommends approval of a preliminary plat for Gladden Farms Block 19. Staff has
reviewed the application for compliance with the development agreement adopted by Resolution
No. 2001-156 December 4, 2001, as amended by Resolution No. 2004-24 February 17, 2004,
Resolution No. 2004-102 July 20, 2004, and Resolution No. 2004-172 December 21, 2004, the
Marana Land Development Code, the Northwest Marana Area Plan and the Marana General
Plan. This preliminary plat is in conformance with all required development regulations and
conditions of zoning.
SUGGESTED MOTION
I move to approve Resolution No. 2005-123.
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091905 PRV-05008 Gladden Farms Block 19 PP TC
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARAN A
MEETING DATE: September 19,2005
AGENDA ITEM:
J.2.
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, AICP, Planning Director
AGENDA TITLE: PUBLIC HEARING. Ordinance No. 2005.18: Relating to
Development; approving and authorizing amendments to Land
Development Code Title 05.10.07-.12; Zoning and Title 8.06;
Residential Design
DISCUSSION
History
The appearance of new neighborhoods has been one of Mayor and Council's foremost policy
concerns for the past several years. In January 2004 they added residential design requirements
to the general requirements title of the Land Development Code, but at the Council/management
retreat in September 2004 directed staff to prepare a more comprehensive set of design
standards.
The planning director met with a committee of developers and builders representing SAHBA
over a period of months beginning in October and the planning, public works, and building
department staffs all contributed to the draft standards. The Planning Commission considered
the draft ordinance for recommendation following a public hearing June 29,2005 and forwarded
it to Council for consideration. Subsequently, individual Council Members offered several
modifications to that draft.
Senior management met with SAHBA members August 15 to present the proposed ordinance
and to obtain their comments. Following a study session presentation August 23 staff made
several corrections/modifications as follows:
. Effective date for residential standards: 90 days from adoption (January 1, 2006).
. Refined definition of four-sided architecture.
. Expanded allowable front dwelling fayade elements.
. Modified required architectural variety for developments with fewer than 30 lots.
· Modified garage set back from house from 10 to seven feet.
Residential Design Standards
9/19/2005 BeB
ATTACHMENTS
Proposed ordinance.
RECOMMENDATION
Approval.
SUGGESTED MOTION
I move to approve Ordinance No. 2005.18
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TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: September 19, 2005
AGENDA ITEM:
J.3.
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2005.19: Relating to
Development; adopting a specific plan amendment for The Pines
Phase II.
DISCUSSION
Reauest
A request to amend the Continental Ranch Specific Plans land use plan, residential site
development and general subdivision standards on approximately 55 acres. The parcels affected
by this amendment will be consolidated into one parcel (62E). This amendment will be applicable to
parcel62E only.
The land use plan amendment will change the land use designation of parcel 62C, "C*"
(Freeway Commercial 2.5 acres), and parcels 62, 62D and 73 "RR" (Residential Recreation 52.5
acres), to "MHD" (Medium High Density Residential).
The residential site development standards amendment will modify the permitted uses, maximum
building height, and building setbacks for "MHD" (Medium High Density Residential) as
indicated in the table below.
The general subdivision standards amendment will modify the minimum right-of way width and
pavement section discussed below.
Location
The affected portion of the specific plan is located north of Arizona Pavilions Drive, east of the
Santa Cruz River, and west ofInterstate 10.
Zonim! and Lot Size
The Continental Ranch Specific Plan designates parcels 62, 62D and 73 as "RR" (Residential
Recreation) and parcel 62C as "C*" (Freeway Commercial). The proposed specific plan
amendment changes these to "MHD" (Medium High Density Residential).
The minimum lot size in the "MHD" designation is 3,000 square feet. The tentative
development plan proposes 303 lots with a project density of six units per acre. Lot sizes will
range from 3,000 to 6,000 square feet.
The following table illustrates the proposed changes to the specific plan:
CURRENT
Permitted
Uses
Building
Height
Front
Setback
Parking
Single family dwelling with
party walls or walled
courtyards, town homes.
Maximum building height:
30 feet, two stories.
Front building setback: 20
feet
Parking: A minimum of two
on-site parking spaces
(including garage, carport
and lor driveway) for each
dwelling unit shall be
provided.
PROPOSED
Permitted
Uses
Building
Height
Front
Setback
Parking
Single family dwellings,
attached or detached, with party
walls, front porches or walled
courtyards.
Maximum building height:
Parcel 62E shall not exceed
three stories and thirty six (36)
feet.
Front building setback: Parcel
62E, ten (10) feet to livable
area, twenty (20) feet to garage
and ten (10) feet for a side
loaded garage. The garage shall
not extend beyond the livable
portion of the dwelling when
the house is forward.
Parking: Parcel 62E shall have
the option of tandem parking.
The mInImUm interior width
dimension of a double garage
shall be 19 feet 6 inches.
Tandem parking shall have a
minimum interior width of 11
feet.
Transportation Plan
The local streets within the subdivision will be private with on-street parking limited to one side
of the street. This amendment proposes to reduce the right-of-way width of 50 feet to 46 feet. In
addition, the applicant requests a design exception (accompanied with this proposal provided
approval is granted) from the Town of Marana adopted street standards by reducing the required
pavement width from 32 feet to 26 feet and increasing the maximum width of 5 feet for
landscaping and sidewalk area to 8 feet (refer to exhibit HIC.1, page 9 Continental Ranch
Specific Plan Amendment)
Northwest Fire District issued a letter granting approval for the proposed street width in and
ensures it will enforce parking restrictions on the proposed private streets (Appendix C, page 18,
Continental Ranch Specific Plan Amendment Proposal).
Considering the availability of on street parking, driveway parking and the trend for households
to have more cars than occupants, staff recommends the following requirement as a condition of
this specific plan amendment: the applicant shall provide a parking plan for Phase HB with the
submittal of the preliminary plat. The parking plan shall indicate where units do not provide two
spaces in the driveway and one space on street and compensate with additional spaces either on-
street or in a visitor parking lot.
091905 SPA-05052 The Pines Phase II Specific Plan Amend
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Parks and Recreation Amenities
The subdivision includes two active recreational facilities for both Phase IIa and lIb. Phase lIb
will include a swimming pool with shade structures and parking. Phase IIa will include play
equipment with a turf area and parking.
The passive open space is dispersed throughout the subdivision in the form of drainage facilities
and landscaped common areas. The total area of the active open space equals 1.58 acres (1.2
acres required) and passive open space equals 9.3 acres.
Desi2n
Homes adjacent to the 1-10 frontage road will be restricted to one and two story. The
architectural style of the homes will be contemporary southwest. The project will comply with
the residential design standards.
Benefit Fee Area
This project is subject to the Marana South Transportation and Marana Park benefit fee areas. A
development agreement has yet to be established for this project.
ATTACHMENTS
Summary application, location map and specific plan amendment proposal.
RECOMMENDATION
Staff has reviewed the application for compliance with the Continental Ranch Specific Plan,
Marana Land Development Code and the Marana General Plan. Staff recommends approval of a
Specific Plan Amendment to the Continental Ranch Specific Plan for The Pines, Phase II with
the following conditions:
RECOMMENDED CONDITIONS OF APPROVAL
1. The amendment applies to the proposed Parcel 62E only.
2. Compliance with all provisions of Town codes, ordinances as current at the time of any
subsequent development, including, but not limited to, requirements for public improvements
unless otherwise provided by this amendment
3. Revise the September 2005, Continental Ranch Specific Plan Amendment, Exhibit IV.A map
legend to comply with the 3,000 square foot minimum lot size requirement.
4. Phase lIB preliminary plat shall incorporate a parking plan. The parking plan shall indicate
where units do not provide two spaces in the driveway and one space on street and
compensate with additional spaces either on-street or in a visitor parking lot.
5. Ten full set copies and one digital copy of the revised Continental Ranch Specific plan
amendment shall be furnished to the Planning Department.
6. This amendment is valid for three years from the date of Town Council approval; if the
developer fails to have a development plan or plat recorded prior to the three years the Town
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091905 SPA-05052 The Pines Phase II Specific Plan Amend
may initiate the necessary action to revert the property to the original specific plan land use
designation, upon action by the Town Council.
7. The preliminary plat shall be in general conformance with the tentative development plan
illustrated by the adopted specific plan amendment.
8. No approval, permit or authorization by the Town of Marana authorizing the applicant and/or
the land owner to violate any federal or state laws or regulations, or relieves the applicant
and/or the land owner from responsibility to ensure compliance with all applicable federal
and state laws and regulations, including the Endangered Species Act and the Clean Water
Act. The applicant is advised to retain appropriate expert and/or consult with the appropriate
federal and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
SUGGESTED MOTION
I move to approve Ordinance No. 2005.19.
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091905 SPA-05052 The Pines Phase 11 Specific Plan Amend
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
September 19,2005
AGENDA ITEM:
J.4.
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Ordinance No. 2005.20: Relating to Utilities; Amending the Marana
Town Code by adding new Chapter 16 entitled "Utilities Board," Cre-
ating the Utilities Board of the Town of Marana and setting forth the
Duties of the Board; providing for repeal of conflicting ordinances;
and providing for severability
DISCUSSION
Outside counsel, Michael Curtis, has recommended the creation of a Utilities Board, to maximize
the Town's chances of being awarded Parker-Davis electrical power for use in connection with
Town utilities and facilities. Consistent with that request, this proposed ordinance would create a
seven-member Town of Marana Utilities Board, consisting of the Town Utilities Director, a
Council-appointed wastewater representative, the Town Operations Director, the Town Finance
Director, a Town Assistant Manager designated by the Town Manager, a Council-appointed
Town resident, and one member of the Council appointed by the Council. The proposed ordi-
nance also provides for Council to appoint one of the Board's members to act as chair. Council
appointments to the Utilities Board are recommended in connection with a separate resolution on
tonight's agenda. The Board would manage and operate the water, wastewater, street lights,
electric and other utility functions of the town, subject to Town Council direction and decision-
making on matters involving utility rates, the budget, capital acquisitions, and approval of certain
contracts. Day-to-day operations would continue to be the responsibility of the Town Utilities
Director under the supervision of the Town Manager.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 2005.20, establishing the Town of Marana's Utili-
ties Board.
SUGGESTED MOTION
I move to adopt Ordinance No. 2005.20.
{OOOOI270.DOC I}
FJC/cds 9/12/05
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARAN A
MEETING DATE:
September 19, 2005
AGENDA ITEM:
J.5.
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2005-124: Relating to Utilities; Making Town
Council Appointments to the Town of Marana Utilities Board.
DISCUSSION
If the Council adopts Ordinance No. 2005.20 on tonight's agenda, establishing the Town ofMa-
rana Utilities Board, it will be necessary for the Council to appoint three of the Utilities Board
members - the wastewater representative, the citizen representative, and the Town Council rep-
resentative. The Council will also need to appoint a Utilities Board chair.
Proposed Resolution No. 2005-124 would appoint former Pima County Wastewater Director
George Brinsko as the wastewater representative. Mr. Brinsko has several decades of experience
in the field of wastewater management, and is the most qualified imaginable candidate for the
position.
The proposed resolution appoints Steve Wacker as the citizen representative. Mr. Wacker has
many years of experience working for electric utility companies and acting as a consultant re-
garding electrical utility matters. He is well qualified to sit as the citizen member of the Utilities
Board.
The proposed resolution would appoint Bob Allen as the Town Council representative to the
Utilities Board. As the newest member of the Town Council, a position on the Board Utilities
would give Mr. Allen a unique opportunity to oversee Town utility functions.
The proposed resolution is silent as to the Utilities Board chair and invites Council's insertion of
the Chair's name from the dais.
If the Council desires, this resolution may be amended to appoint individuals different from
those set forth in the draft resolution. The names set forth in the draft are simply Staffs recom-
mended appointments to the Utilities Board.
RECOMMENDATION
Staff recommends making appointments to the newly-created Town Utilities Board.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-124.
(00001273. DOC /)
FJC/cds 9/12/05
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: September 19, 2005
AGENDA ITEM:
J.6.
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Ordinance No. 2005.21: Relating to Real Estate; approving an ex-
change of real property located in the Gladden Farms Develop-
ment Project; authorizing the Mayor to execute a real estate ex-
change agreement with Gladden Forest L.L.C., and any other
documents necessary to accomplish the exchange.
DISCUSSION
The Marana Public Arts Center located in the Heritage Park has a very small setback from the
southern boundary of Block 13 of the Gladden Farms Project. This proposed exchange would
transfer an irregular-shaped strip of property along the south edge of Blocks 7 and 13 of Gladden
Farms and a generally triangular-shaped parcel at the southwest comer of Tangerine Farms Road
and Heritage Park Drive to the Town, consisting of about 2.438 acres, in exchange for an identi-
cal-sized parcel of land previously dedicated to the Town as part of the Gladden Farms Block
Plat (specifically, a portion of Block A) located at the south edge of Block 25 of Gladden Farms.
This exchange will give the Marana Public Arts Center some "elbow room" from the homes to
be built within Blocks 7 and 13 of Gladden Farms and will give a view-shed area from Tangerine
Farms Road into the portion of the Heritage Park where the Marana Public Arts Center is lo-
cated.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 2005.21, authorizing the Gladden Farms Exchange
Agreement.
A TT ACHMENT(S)
Gladden Farms Real Estate Exchange Agreement with the legal descriptions and maps of the
parcels being exchanged
SUGGESTED MOTION
I move to adopt Ordinance No. 2005.21.
{00001255.DOC /}
FJC/cds 9/7/05
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
September 19, 2005
AGENDA ITEM:
L.l
TO: MAYOR AND COUNCIL, SITTING AS FLOODPLAIN
MANAGEMENT BOARD
FROM: Keith Brann, Acting Town Engineer through H. Thomas Gill, Jr.,
Director of Public Works
AGENDA TITLE: Relating to Floodplain Management: Presentation of a request for
a variance from Title 21, Floodplain and Erosion Hazard
Management Code, for property located at 14475 W. Imogene
Place. Continued from the meeting of August 16, 2005.
DISCUSSION
A request has been made by Mr. Michael Burbage, 14475 W. Imogene Place, seeking a variance
from Title 21 of the Land Development Code, (The Floodplain Ordinance). Mr. Burbage seeks
to remove two mobile home structures from his property that total 1748 square feet and construct
a site built home of no more than 1748 square feet. Mr. Burbage desires to construct this new
home 75 feet back from the Imogene Place right of way. This request requires a variance:
The floodway of the Santa Cruz River, which after a detailed study was remapped by the Federal
Emergency Management Agency (FEMA) through a Letter of Map Revision (LOMR) on March
10,2005, covers Mr. Burbage's property. The attached exhibit is based upon recent GIS shape
files that have been incorporated into the Town's GIS system. The floodway by FEMA
definition is the stream channel and that portion of the adjacent floodplain that must remain
open to permit passage of the base flood. Floodwaters generally are deepest and swiftest in the
floodway, and anything in this area is in the greatest danger during a flood. Marana Land
Development Code Title 21 Section 21.08A also does not allow residential uses in the floodway.
Floodplain Ordinance, Section 21.08C permits the Town to require a study by a registered
professional engineer showing that the proposed use will not increase the floodway elevations
during the base flood and will not divert, retard or obstruct the flow of flood waters. The Code
of Federal Regulations, Section 44-60.6(a) Section 1 provides: "Variances shall not be issued by
a community within any designated regulatory flo0 dway if any increase in flood levels during the
base flood discharge would result." Mr. Burbage's letter asserts that he cannot afford to hire an
engineer and therefore requests a variance from this requirement.
Mr. Burbage's property is already jeopardized by its location within the floodway. Construction
of a site built home would increase the property's value and the consequent loss to Mr. Burbage
Burbage Floodplain Variance
8/1612005 KEB
should even a minor flood occur. Additionally, the likely increase in floodwater elevations
upstream would increase his neighbors' flood hazards.
FEMA and the Town have strict guidelines on the granting of variances. Variances should a) be
the minimum relief necessary; b) not be based upon financial considerations; and c) not result in
increased flood elevations.
Mr. Burbage's request is not the minimum relief necessary. The Town of Marana has been
working with Pima County Flood Control District to make the Floodprone Land Acquisition
Program (FLAP) available to residents whose properties still remain in the floodway after the
LOMR. Mr. Burbage has been advised of this program and an appraisal was conducted. To
date, Mr. Burbage has not wanted to participate in this program.
Mr. Burbage's inability to afford an engineering study to ensure that flood heights will not
increase is not a valid reason to waive a study. Without the study it cannot be determined what
the increase in flood elevations would be.
If a variance were granted contrary to the Floodplain Ordinance and FEMA regulations, FEMA
could impose probationary penalties upon the Town, including increased flood insurance
premiums for all Town of Marana residents who purchase flood insurance and difficulty in
accessing Federal flood relief funds if flooding occurs. Ultimate long term implications for
variances in the floodway could be suspension by FEMA of the community. If this were to
occur, no new flood insurance policies would be written, all current flood insurance policies
would not be renewed, and all federal loans (including FDIC insured loans) would be recalled for
immediate payment of their outstanding balances.
There are other areas of the Marana Land Development Code that Mr. Burbage would require
relief from in order to construct a new residence. Title 21 Section 21.12A-1.a requires a 500 foot
erosion hazard setback from the Santa Cruz River's 100 year floodway/primary channel bank.
The property is also located in Marana land use Zone D - floodway. To allow residential
construction, the property will need to be rezoned. Depending upon the new zoning designation,
a variance from front building setback may be necessary to avoid the flood way.
Mr. Burbage has requested a continuance for this item.
ATTACHMENTS (Not Included)
Letter from Mr. Burbage dated June 6,2005 requesting variance and including an enlargement of
a LOMR map.
Exhibit ofMr. Burbage's property showing existing trailers, right of way, and floodway prepared
by Marana GIS department. Exhibit shows a scanned representation of the floodway from
previous information and the latest digital representation of the floodway provided by FEMA.
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RECOMMENDATION
Staff recommends that the Floodplain Management Board deny the variance since it does not
meet the requirements set forth in the Floodplain Ordinance. The health, safety, and welfare of
Mr. Burbage, surrounding residents, and the Town in general would be compromised by the
granting of a variance.
SUGGESTED MOTION
I move to approve the applicant's request for a continuance.
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