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HomeMy WebLinkAbout08/15/2000 Regular Council Meeting MinutesMINUTES OF REGULAR COUNCIL MEETING · MARANA TOWN HALL · . . AUGUST !5, 2000 PLACE AND DATE Marana Town Hall, August 15, 2000 Pursuant to Marana Town Code Section 2-4-3, Duties at Meetings: In the event of the absence of both the mayor and the vice mayor, the clerk shall call the meeting to order and a temporary presiding officer shall be elected by a majority of those council members present, and that person shall serve until the return of the mayor or vice mayor. CALL TO ORDER By Jocelyn Entz at 7:04 p.m. Upon motion by Council Member Blake, seconded by Council Member Harn, unanimous approval was given for Council Member Honea to act as presiding officer over the meeting. II. III. IV. PLEDGE OF ALLEGIANCE Led by Council Member Honea INVOCATION/MOMENT OF SILENCE Led by Council Member Harn ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Ed Honea Council Member Present Herb Kai Council Member Present Ora Mae Harn Council Member Present Roxanne Ziegler Council Member Present Jim Blake Council Member Present STAFF Michael Hein Dan Hochuli Jocelyn Entz Brad DeSpain Jim DeGrood Marcie Jones Town Manager Town Attorney Town Clerk Utilities Director Development Services Administrator Planner II The list of public attendees is attached. :MINUTES OF REGULAR COUNCIL MEETING'. MARANA TOWN HALL AUGUST 15, 2000 V. APPROVAL OF AGENDA Upon motion by Council Member Blake and seconded by Council Member Kai, a change to the agenda was unanimously approved. The change was to remove Item 3, Resolution No. 2000-94, Casas Adobes Incorporation attempt, from the Consent Agenda and to continue it indefinitely. Upon motion by Council Member Harn, seconded by Council Member Blake, the Consent Agenda with an amendment was unanimously approved. VI. ACCEPTANCE OF MINUTES A. Minutes of Special Meeting - July 25, 2000 B. Minutes of Regular Meeting - August 1, 2000 Upon motion by Council Member Blake, seconded by Council Member Ziegler, the minutes for the Special meeting held on July 25, 2000 were unanimously approved. Upon motion by Council Member Harn, seconded by Council Member Blake, the minutes for the Regular meeting held on August 1, 2000 were approved 4/0/1. Council Member Ziegler abstained from the vote, as she was not present at the August 1, 2000 Council meeting. VII. VIII. IX. CALL TO THE PUBLIC/ANNOUNCEMENTS Ms. Entz read a letter from Mayor Sutton into the record. This letter explained his absences from the August 1 and 15, 2000 Council meetings because of the death of his father-in-law. The letter is a permanent part of this record. There were no other announcements or speakers from the audience. STAFF REPORTS, IF ANY There were no questions regarding staff reports GENERAL ORDER OF BUSINESS Ae CONSENT AGENDA 1. Resolution No. 2000-87: Request by OPW & Associates on behalf of U.S. Homes Corporation to change the existing private street name of Squawberry Lane to Purplemat Lane (Farhad Moghimi) MINUTES OF REGULAR COUNCIL .MEETING 2o Resolution No. 2000-93: Canyon Pass Phase III at Dove Mountain: Request for approval of a 71-lot single family detached home subdivision final plat on 211.61 acres located east of Dove Mountain Boulevard approximately 2.5 miles north of Tangerine Road in a portion of Section 7, 8, 17 and 18, Township 11 South, Range 13 East. Property Owner/Developer is Cottonwood Properties, Inc., 3567 E. Sunrise Drive, Suite 219, Tucson, Arizona 85718 (Joel Shapiro) 0 Resolution No. 2000-94: Casas Adobes Incorporation attempt; technical amendment to Resolution No. 2000-83 pursuant to a request from the Casas Adobes Incorporation Committee's legal counsel (Mike Hein) Earlier in this meeting, approval was given to remove from the Consent Agenda and to continue indefinitely Item 3, Resolution No. 2000-94, Casas Adobes incorporation attempt. B. COUNCIL ACTION 1. Public Hearing Ordinance No. 2000.15 - Woehlck Tangerine Hills Specific Plan Amendment and R-144 Rezone - Consideration of approval for a request to remove the Woehlck's approximately 8.30 acres from the Tangerine Hills Specific Plan and be zoned R-144 (Single-family residential, minimum lot size 144,000 sq. ft.). The subject property is located southeast of the intersection of Tangerine Road and Dove Mountain Boulevard on Angel Drive within a portion of Section 1, Township 12 South, Range 12 East. Assessor's Parcel Numbers 216-02-006A and 216-02-006B. The applicants are Gerald and Jay Woehlck, 7542 N. Old Father, Tucson, AZ 85741 (Joel Shapiro) Upon motion by Council Member Kai, seconded by Council Member Blake, unanimous approval was given to go into public hearing. Council Member Ziegler began the discussion by commenting that the Woehlck property was not presently zoned for horses and that the neighboring properties did not have horses. She said that there had been errors made in the past by the Town and by the Woehlcks as well regarding this zoning issue. She added that, in spite of the past mistakes, Town Code zoning guidelines existed and these designations required compliance. Gerald Woehlck pointed out the large amount of open space provided within his property boundaries and commented that the parcel was a great sanctuary for the ferruginous cactus pygmy-owl and other environmentally sensitive desert species. Council Member Honea asked if Mr. Woehlck owned the horses that were presently stabled on his property and if he personally planned to build a home on this property. MINUTES OF REGULAR COUNCIL MEETING · MARANATOWNH .AL.:L .. ""' " '...' =' AUGUST 15, 2000 ".".. · Mr. Woehlck replied that the horses were family-owned and that he had no future intentions of boarding other owners' horses on his property. He said that he planned to build a single residence on each of their two 4+ acre parcels with horses on the southern parcel only. He added that permission for the zoning variance was very important to his family. Dorothy Sharnetsky, resident, voiced her protest against the Tangerine Hills Specific Plan amendment and the R-144 rezone for this property. She also stated that she was vehemently opposed to the granting of a zoning variance for the Woehlck parcel. Dorothy Taylor, resident, expressed her opposition to this variance as well as to the amendment to the Tangerine Hills Specific Plan. She said that this issue had been ongoing for many years and a final resolution was needed. Council Member Ziegler asked how many horses the R-144 zoning designation allowed. She said that the Town needed to abide by the Town Code designations and if the property violated the existing Code then code enforcement was required. Mr. DeGrood replied that the R-144 designation did not specify a maximum number of animals allowed but did establish a 200-ft. setback from property boundaries for corrals. He explained that if a parcel met this requirement, then horses were allowed. He pointed out that the Woehlck property, if viewed singularly, did not meet that requirement and obtaining a variance was the next step in the process. Council Member Ziegler stated that she was not against a primary residence being built on this property but she did object to the allowance of horses on this property when the zoning designation clearly stated that this was a violation. Jane Rompel, resident, spoke before the Council regarding this subject. She said that she was in favor of allowing the variance for the Woehick property. She pointed out that the horses were contained within corrals and not loose on the property to trample sensitive desert terrain. She emphasized that horses were not uncommon in this neighborhood area but, instead, were stabled on numerous parcels surrounding the area in question. Ms. Rompel added that the horses were very important to the Woehlck family, as their handicapped daughter was involved in therapeutic riding activities. Ray Osowski voiced his opposition to this request. He said that the current zoning did not allow horses and these designations needed to be enforced by the Town or changed. ...... MARANA ToWN'HALL= =' ' "· ' '=:''" :.' AUGUST 15, 2000 ' ' Jay Woehlck voiced her support of the rezone and variance request for her family property. She gave a brief history of the property emphasizing that it had been in her family since the early 1950s. In 1987 a land developer, Robert Sharpe, purchased the property. Mr. Sharpe defaulted on the purchase of this property and the title reverted back to the Woehlck's in 1991. However, while owned by the developer, these parcels were annexed by Marana and rezoned into the Tangerine Hills Specific Plan. The Specific Plan created a mix of office development with residential subdivision (up to 6 RAC). Ms. Woehlck explained that prior to the Sharpe purchase, the property was zoned for horses without the need for a variance. She concluded by asking that everyone be open-minded and fair when considering a decision regarding this request. Council Member Ziegler emphasized that her opposition to the granting of this variance was not personal in any way but was strictly regarding the adherence to the law. She said that the property in question was clearly in violation of Town Code zoning regulations. Council Member Blake asked for clarification on the current zoning of this property. Marcie Jones, Planner II, helped clarify the zoning designation by stating that an amendment to the Tangerine Hills Specific Plan was passed in 1999 and the area was zoned O-Office, allowing for a mix of office and residential. Mr. Sharpe also processed a rezone request for the Woehlck property at that time. However, under the confines of the Specific Plan, residential lots were designated at 6,000 sq. ft. lots. To avoid the downsizing of residential lots within the area, Mr. Woehlck was permitted by the Town to keep the O-Office zoning with an exception. The exception was an allowance to build one single-family residence on each of the 4+ acre parcels owned by his family. Council Member Honea commented that there were several different issues involved. One was the removal of the Woehlck property from the Tangerine Hills Specific Plan, thus releasing the property from Mr. Sharpe's control. The second was the rezoning of the Woehlck property to R-144. If this R-144 designation were approved then there would be no need for the zoning variance. He said he understood Council Member Ziegler's objection with the request and stated that the Code did not allow for horses with this zoning designation. He added that Mr. Sharpe was holding the Woehlck family captive in terms of what they were able to do with their property. He asked if it was possible for the Town to remove the Woehlck property from the Tangerine Hills Specific Plan and not change the zoning. · ' MARANA'TOWN.HALL .......... . . ' AUGUST 15, 2000· ' ' ...'.. '". ..... Mr. Hein agreed with Council Member Honea that there were several different issues involved and each could be treated separately. He also agreed that one way to resolve this issue was to remove it from the Specific Plan and consider the R-144 zoning without the variance. Council Member Harn asked Ms. Woehlck what type of handicap her daughter had. Ms. Woehlck explained that her daughter, Kelly, was labeled as Educably Mentally Handicapped (EMH), a neuro-physical problem. She said that Therapeutic Riding of Tucson (TROT) recommended horseback riding for this disorder and added that Kelly truly enjoyed her relationship with the horses. Council Member Ham asked if the horses were always stabled on this property or if they had been boarded elsewhere in the past. Ms. Woehlck answered that the horses were originally boarded elsewhere until this became a financial hardship for the family and they were moved to the property at issue. She commented that it was then that they became aware of the zoning changes made during the Sharpe possession of the property. She also said that a home had not been built on this property yet because of the lack of water service to the area. The Woehlck family did not want to drill a well and has preferred to wait for the water service to become available. Council Member Ham asked what the Woehlck's would do for water if they built a home on this property before these services became available. She also inquired about the timeframe involved regarding the completion of their residence. Ms. Woehlck replied that their architect was an expert in permaculture, the science of harvesting rainwater, and was designing their home to be se/f-sufficient until area water service was offered. Dorothy Taylor commented that Mr. Woehlck was prohibited by Town Code to build a detached garage prior to the construction of a primary residence. Council Member Honea asked if horses would be allowed at the property if the Council approved the removal from the Tangerine Hills Specific Plan and granted the R-144 zoning designation. Mr. Hein replied that an arrangement could be worked out whereby until the home is completed no horses would be allowed. Therefore, the Woehlcks would have to stable the horses elsewhere while building their residence. The issue regarding the zoning variance request is the setback requirement for corrals. ...... MINuTEs OF REGULAR COUNCIL MEETIiNG,' ..:: i:: ."' MARANA TOWN' HALL ': :"... ,;. " " AUGUST 15, 2000 Council Member Harn commented that she felt compassion for the family and the needs of their handicapped child. She stated that she found it hard to understand the objections to the variance under these circumstances. She added that she also understood Council Member Ziegler's concerns regarding compliance with the letter of the law. Council Member Blake asked if the Town Code allowed two residences to be built within one parcel. Mr. DeGrood answered that only one primary residence was allowed per single parcel within the R-144 zoning district. Upon motion by Council Member Harn, seconded by Council Member Ziegler, approval was given to come out of public hearing. A motion was made by Council Member Harn and seconded by Council Member Kai to remove the Woehlck property from the Tangerine Hills Specific Plan and to assign the property the R-144 zoning designation. The vote on this motion required a super majority of the Council vote. The voting results were four votes in favor and one vote against. Council Member Ziegler was the dissenting vote. Ordinance No. 2000.15 was not approved. Resolution No. 2000-91: Woehlck Horse Variance: Request by Gerald and Jay Woehlck for approval of a Variance from Section 05.10.02D.3 of the Marana Land Development Code to reduce the minimum setback for horse corrals from 200" to 50' for the northern boundary only of their property located at 5050 W. Angel Drive, southeast of the corner of Dove Mountain Boulevard and Tangerine Road within a portion of Section 1, Township 12 South, Range 12 East. Assessor's Parcel Number: 216-02-006B. The applicants are Gerald and Jay Woehlck, 7542 N. Old Father, Tucson, AZ 85741 (Joel Shapiro) Council Member Honea said that this item would not be heard as Item B. 1. had not been approved. He asked if the Council had any comments. Council Member Harn said that she deeply regretted this loss for the Woehlck family especially regarding their daughter and the horseback riding therapy. Council Member Ziegler emphasized that her decision to vote against the prior item was not personally aimed against the Woehlcks but that she felt strongly about the obligation of the Town to follow the letter of the law. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL AUGUST 15, 2000 Council Member Honea recessed the Council meeting at 8:32 p.m. The meeting was called back into order at 8:45 p.m. with all attending Council members present on the dais. 3. Resolution No. 2000-92: Continental Ranch Desert Traditions II: Request for approval 0 of a 72-1ot preliminary subdivision plat on 18.61 acres located within Continental Ranch Parcel 29, located at the northeast corner of Twin Peaks Road and Coachline Boulevard within a portion of Section 21, Township 12 South, Range 12 East. Property Owner/Applicant is Pulte Homes, 7493 N. Oracle Road, Suite 115, Tucson, AZ 85704 (Joel Shapiro) Mr. DeGrood spoke briefly regarding this item. He explained that the minimum lot size for this parcel was 6,000 sq. ft. and that it was subject to the agreement with Pulte Homes that required a $500 fee per unit to be contributed to the establishment of linear parks and trails within Continental Ranch. Council Member Ziegler commented that she was very pleased with Pulte Homes, Inc., for their decision to allow 6,000-sq. ft. lots. Upon motion by Council Member Ziegler, seconded by Council Member Harn, unanimous approval was given for Resolution No. 2000-92. At this time, Council Member Honea announced that he had overlooked a member of the audience earlier during calls to the public. He recognized Dorothy Matkin as having permission to speak before Council. Ms. Matkin, a Pima County resident, expressed her concern regarding trash littering her property from an adjacent property, Old Pueblo Plaza, which is within the Town's boundary. Her home is located within Pima County's boundary and just east of the drainage tunnel from this shopping plaza. She presented the Clerk with photographs of the area in question and said that she had been unable to get any help with this problem. Ms. Matkin said that she had spoken to Town personnel as well as the neighboring businesses about acquiring locks for the dumpsters. Council Member Honea cautioned the Council not to comment on this topic, as it was not an agenda item. He referred the matter to Mr. DeGrood for resolution. Update on Marana Northwest General Plan and adoption of Tentative schedule (Mike Hein) Mr. Hein said that he was pleased to bring this item before the Council and that the staff had worked diligently to formulate a tentative schedule for the Marana Northwest ~A ToWNHALL ........ .. AUGUST 15, 2000 .... General Plan. A copy of the schedule is a permanent part of this record. He briefly went over the handout and asked that the Council adopt this schedule. Mr. Hein reiterated the desire of the Council to include the community and stakeholders in the process and he anticipated holding numerous meetings for that specific purpose. This action will lead up to the final adoption of the plan in October 2000. Council Member Ziegler asked if the Planning and Zoning Commissioners were invited to the study sessions and informal meetings. Mr. Hein replied that, if the Council adopted this tentative schedule, his direction to staff would be to formally draft a letter to the Planning and Zoning Commission members and other people who have voiced interest requesting them to attend the various meetings. He pointed out that it would be impossible to hold separate meetings for each group and still meet the mid-October deadline. Upon motion by Council Member Blake, seconded by Council Member Harn, the adoption of the tentative schedule for the Marana Northwest General Plan was unanimously approved. C. Mayor and Council's Report Council Member Honea reported that he and Brad DeSpain had toured the Town's water system and he was happy to relay that the system was top rate. He added that he had inspected the new holding tank system located at the Marana Park. This system is tied to the well at Sandario and Grier Roads. He also visited the recharge replenishment ponds located north of the airport that went on line last Wednesday, August 9, 2000. He encouraged everyone to take this extremely interesting tour. D. Manager's Report Mr. Reuwsaat asked that the Council members visit the new shade structures recently installed over the Marana Park playground equipment. He said that these structures add both color and utility to the use of the playground. X. FUTURE AGENDA ITEMS Council Member Harn asked that a discussion regarding high gas prices be scheduled for a future agenda. She said that she did not know if the Council could do anything but that she felt that they needed to voice a concern regarding a 30¢ to 40¢ price difference from Tucson. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL '"" AUGUST 15, ·2000· .. Council Member Honea commented that he purchased $600 to $700 worth of gas monthly and that the Circle K and the Chevron stations were only 3¢ to 4¢ higher than any of the other valley stations. He added that he did not think the Town could become involved in private business. XI. Council Member Ziegler said that a resident of northern Marana had been complaining to her for over three years regarding mobile homes without proper skirting and area signs not being taken down after meetings, yard sales, etc. She asked that these two topics be added to a future agenda. ADJOURNMENT Upon motion by Council Member Ziegler, seconded by Council Member Blake, adjournment was unanimously approved. The time was 9:04 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on August 15, 2000. I further certify that a quorum was present. lO