HomeMy WebLinkAbout03/21/2006 Blue Sheet Olding and Pisciotta Rezoning
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE:
March 21, 2006
AGENDA ITEM:
J.l
TO:
MAYOR AND COUNCIL
FROM:
Barbara C. Berlin, AICP, Planning Director
SUBJECT:
PUBLIC HEARING. Ordinance No. 2006.05:
Development; approving and authorizing a
o IdinglPisciotta.
Relating to
rezoning for
DISCUSSION
Plannin2 Commission Hearin2
The Planning Commission heard this public hearing item during the January 25, 2006 meeting. During
this meeting the Commission heard from 12 of the property owners in the area. Two of the property
owners that spoke were in favor of the project; the remaining ten were either opposed to the rezoning or
had specific concerns regarding the project. The owners of this property agreed to a continuance of this
rezoning to the February 22,2006 Planning Commission meeting. During the time between meetings the
owners met with the nearby property owners to try to resolve some of their outstanding issues which
including density, dust, pavement and view shed. During the February 220d meeting, the Planning
Commission heard from six property owners and voted 6-0 recommending approval to the Town Council.
Commissioner W o stenberg was absent.
Summary of Aoolication
Ronald Olding, James Olding and Perry Pisciotta, request approval for a change in zoning on a 10
acre parcel generally located one-quarter mile west of Camino de Oeste and directly north of Lambert
Lane.
Historv
The subject property was annexed into the Town of Marana in 1988 along with other property that later
became the Hartman Hills Specific Plan. In September 2002 this property, as a part of a larger 40 acre
parcel, was rezoned from "c" Large Lot to its current zoning of "R-144" (single family residential
144,000 square foot minimum lot area). A condition of the rezoning to R-144 that "The property owner
shall not cause any lot split of any kind without the written consent of the Town" was placed on the
project by the Town Council. Four months later the Hartman Hills Specific Plan property (north of this
site) was rezoned to "R-36" (single family residential 36,000 square foot minimum lot area).
Rezonin2 Request
The applicant proposes a change of zoning from "R-144" to "R-80" (single family residential 80,000
square foot minimum lot area).
The site is bounded to the east, west and north by mostly vacant property that has the "R-144" zoning
designation. The owners of the properties to the west are also requesting rezoning of their property to the
"R-80"zoning designation. This request is also being heard at this meeting. The properties to the south
are residentially occupied and lie within unincorporated Pima County. They are zoned "SR" (suburban
ranch) with a minimum lot size of 144,000 square feet per lot.
032106 PCZ-05107 Olding Pisciotta Rezoning TC
During the review of this rezoning, the Town of Marana requested a total of 75 feet of right of way for
future improvements to Lambert Lane. The Town's major rights-of-way plan designates Lambert Lane a
150 foot right-of-way. The 75 feet of dedicated half right-of-way would amount to approximately 50,000
square feet ofland that the current owners would be dedicating to the Town.
The owners wish to divide the property into four equal lots of 95,961 square feet. As a condition of the
rezoning staff recommends that the property owners (current or future) be required to process a final
subdivision plat on any lot split or subdivision of the property.
Marana General Plan
The subject property is designated as low density residential (LDR) per the General Plan's Future
Development Plan. The LDR is characterized by single-family detached homes on large lots where the
retention of a rural, open character is desired. Property with zoning of R-80 provides for approximately
0.6 residents per acre. The proposed zoning change would bring the property into strict conformance with
the Town General Plan. The current zoning of 0.3 residents per acre provides rural, rather than low
density.
Rieht-of- Wav/ Access
As a condition of approval, the owner will dedicate a total of 75 feet of half right-of-way for the future
expansion of Lambert Lane. Lambert Lane is depicted on the major rights-of-way plan with an ultimate
total right-of-way of 150 feet.
Currently this parcel has legal access off of Lambert Lane. The owners are proposing an ingress/egress
easement to serve all future parcels from one access road off of the existing 20 foot ingress/egress
easement that is shared with the Cutler's and Gutierrez's to the west. The Town staff would like to keep
the number of access points along Lambert Lane to a minimum; therefore this project would abide by the
Town's request to limit the number of access points directly onto Lambert Lane.
The owners of this project are working with the Cutler's and Gutierrez's to improve the shared 20 foot
ingress/egress that divides the parcels. The pavement details of this easement will be formalized with the
final plat and improvement plans for this project.
Open Space/Environment
The owners of this parcel voluntarily submitted materials to US Fish and Wildlife for review and
comment. US Fish and Wildlife issued a letter dated February 21,2006, approving the request with a list
of recommendations:
· Overall site disturbance be limited to 30 percent.
· This project will adhere to Marana's native plant ordinance.
· As feasible avoid the removal of, or salvage and transplant on-site, all saguaros and trees greater
than six inches in diameter at breast height.
· Promote the use of native landscaping, especially trees and saguaros, within the proj ect.
· Maintain the washes within the parcel in their natural condition as buffers and habitat connectors.
· Adopt and record CC&R's that relate to the conservation and maintenance of natural undisturbed
open space.
Infrastructure
The owners intend to work with property owners to the east to bring City of Tucson water to their parcels.
All homes will be served by TRICO Electric and will have septic systems. City of Tucson Water and
TRICO electric will review the final subdivision plat.
032106 PCZ-05I07 OIding Pisciotta Rezoning TC
Public NotificationINei2hborhood Meetin2
The public hearing for this case was properly advertised and the required surrounding property owners
were notified. Copies of all of the letters the Town has received are attached to this packet. Staff has
received letters of protest from the minimum twenty percent of the adjacent owners to require a super
majority vote on this rezoning.
The owners of this proposed rezoning along with the owners of the rezoning to the east held a
neighborhood meeting on Saturday February 4,2006. This meeting was held on-site and was attended by
approximately 19 property owners. According to the applicant, the meeting ended with mixed opinions;
some appeared to be in support of the project but others were still opposed.
ATTACHMENTS
Application, impact statement, proposed CC&R's, letters from property owners, location map, site map
and proposed subdivision layout.
RECOMMENDATION
Staff recommends conditional approval of the Olding/Pisciotta rezoning. Staff has reviewed the
application for compliance with the Marana Land Development Code and the Marana General Plan. This
rezoning is in conformance with all required development regulations.
RECOMMENDED CONDITION(S) OF APPROVAL
1. Any property owner of this parcel shall be required to process a final subdivision plat to create any
new lots.
2. The owners of the property shall comply with requests or requirements resulting from consultation
with US Fish and Wildlife, a biological opinion or 404 permit from the Army Corp of Engineers.
3. The developer shall dedicate, or cause to have dedicated, 75 feet of new right-of-way along Lambert
Lane running the entire length of the southern portion of the property upon request by the Town of
Marana. If the right-of-way has not been dedicated prior to a final plat being processed for this
property, the right-of-way shall be dedicated via the recording of the final plat or upon demand of the
Town.
4. The owners shall limit the overall disturbance of the site including all access roads, septic tanks and
leach fields to a combined total of not more than 30 percent.
5. Total gradable area for each lot shall be recorded on the final plat.
6. Vehicular access to any current or future parcel shall come from the existing 20 foot ingress/egress
easement. No access other than the 20-foot existing ingress/egress easement shall be allowed. A one
foot no access easement shall be recorded on the final plat.
7. A native plant permit must be obtained with each house permit and any other site disturbance/utility
work that will impact the site. The plant inventory methodology must be used when submitting for
the native plant permit.
SUGGESTED MOTION
I move to adopt Ordinance No. 2006.05.
032106 PCZ-051 07 Olding Pisciotta Rezoning TC
MARANA ORDINANCE NO. 2006.05
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING
FOR OLDING/PISCIOTT A.
WHEREAS, Ronald Olding, James Olding and Perry Pisciotta are the property owners of
approximately 10 acres located one-quarter mile west of Camino de Oeste and directly north of
Lambert Lane in a portion of Section 12, Township 12 South, Range 12 East, as described on
Exhibit "A", attached hereto; and,
WHEREAS, the Marana Planning Commission held a public hearing on February 22,2006,
and at said meeting voted 6-0 to recommend that the Town Council approve said rezoning; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held March 21, 2006, and has
determined that the rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a,
Arizona, as follows:
Section 1. The rezoning of approximately 10 acres ofland as described below is located one-quarter
mile west of Camino de Oeste and directly north of Lambert Lane complies with the General Plan.
Section 2. The rezoning area is hereby changed from "R-144" (single family residential 144,000
square foot minimum lot area) to "R-80" (single family residential 80,000 square foot minimum lot
area) on the 10 acres ofland located one-quarter mile west of Camino de Oeste and directly north
of Lambert Lane.
Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family custom
homes on large lots. This rezoning is subject to the following conditions, the violation of which
shall be treated in the same manner as a violation ofthe Town of Maran a Land Development Code
(but which shall not cause a reversion of this rezoning ordinance):
1. Any property owner of this parcel shall be required to process a final subdivision plat to create
any new lots.
2. The owners of the property shall comply with requests or requirements resulting from
consultation with US Fish and Wildlife, a biological opinion or 404 permit from the Army Corp
of Engineers.
3. The developer shall dedicate, or cause to have dedicated, 75 feet of new right-of-way along
Lambert Lane running the entire length of the southern portion of the property upon request by
Marana Ordinance No. 2006.05
Page I of2
the Town of Marana. If the right-of-way has not been dedicated prior to a final plat being
processed for this property, the right-of-way will be dedicated via the recording of the final plat
or upon demand of the Town.
4. The owners shall limit the overall disturbance of the site including all access roads, septic tanks
and leach fields to a combined total of not more than 30 percent.
5. Total gradable area for each lot shall be recorded on the final plat.
6. Vehicular access to any current or future parcel shall come from the existing 20 foot
ingress/egress easement. No access other than the 20-foot existing ingress/egress easement shall
be allowed. A one-foot no-access easement shall be recorded on the final plat.
7. A native plant permit must be obtained with each house permit and any other site
disturbance/utility work that will impact the site. The plant inventory methodology must be
used when submitting for the native plant permit.
Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and
Motions of the Marana Town Council in conflict with the provisions ofthis Ordinance are hereby
repealed, as of the effective date of Ordinance No. 2006.05.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity ofthe remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town ofMarana, Arizona, this
21 st day of March, 2006.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2006.05
Page 2 of2
EXHIBIT "A"
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE GILA
AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND BEING MORE
PARTICULARLY DESCRffiED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 12;
THENCE NORTH 89 DEGREES 54 MINUTES 57 SECONDS EAST ALONG THE
SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 12, A DISTANCE OF 655.54 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUE NORTH 89 DEGREES 54 MINUTES 57 SECONDS EAST ALONG
THE SOUTHERLY LINE, 655.55 FEET TO THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 00 DEGREES 02 MINUTES 40 SECONDS WEST ALONG THE
EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER A
DISTANCE OF 660.25 FEET;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 55 MINUTES 15
SECONDS WEST, 655.82 FEET;
THENCE SOUTH 00 DEGREES 04 MINUTES 06 SECONDS EAST, 660.32 FEET TO THE
SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 12 AND THE TRUE
POINT OF BEGINNING.
First American Title
~- c-j
.. . 2. GEKER~LDATAREQu.rnED
Assessor's Parcel I 21627007a General Plan Designation 1
Number(s) (To be confirmed by staff) I
I Gross Area (Acre/Sq. Ft.) 10 acres/ L1J5,600 sq. ft. Current Zoning I R-l44
I (To be confirmed by staff)
Development! I Olding, Pisciotta Proposed Zoning I rl-80
I !
Project Name !
Project Location I jI' of Lambert I
Ln. bet y;een st. Patrick and Carol Anne Rd. I
I Description of Project I Rezone for single family esidences on approx. 2 acre l~
[ Property Owner Ronald J. Olding, J aIDeS E. Oldin Perr' Pisciotta
.""- '-"-
~~,
MARANA
~/ 1 "-
I
o Preliminary Plat
o Final Plat
o Development Plan
o Landscape Plan
o Native Plant Permit
I Street Address
.
.
Contact Person
Applicant
I
1 Street Address
I
i
I
Contact Person
Ronald Olding
r'A gen tJR'ep resent:! tive
Street Address
Contac,t Person
Ronald J. Olding
TOWN OF MARA...NA . i'
Plann\.Q2. ant! Z"r>iru.:{):kp~~J{ c., - .' .-
n _') ,-;r-D7 t~u.... -.' " - - "'
3696 \'v{)Oratrge Grove Road + Tucson, AZ 8574]
(520) 297 -2920 Fa.\.: (520) 297-3930
,\ C vD
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,". J U
):03 RCVD
PLAl\~ING & ZONING APPLICATION
.'LTYPE OF APPLICATION (Check One)
o General Plan l\.mendment 0 Variance
o Specific Plan /unendment 0 Conditional Use Permit
C\} Rezone 0 Other
o Significant Land Use Change
I
110651 N.
I i357U2
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I
110651 N.
I Zip ~742
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y
i City Tucson I SUltC AZ
,
I' Fax Nwnber I E-Mail Address
I 520-744-)041 r.olcitng@att.net
i Phon5~tr~74L~_ )041
I
Perry Pisciotta.
I City Tucson
I
Fax ~~744- 3041
c1diatre:-c Hd.
I P520~?tr4.- )041
J. OhUng
Ronald
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!
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I
" E-Mail Aqd.;;e;;s I
i r.Oldlng@att.net
I '
I Phone Number
! 520-744-)041
Ronald J. Olding, J aInes E:. Olding,
I Slate
AZ
Oldfather Rd.
Phon)~~744_ 3041
I
"L _
I Ronald J. Olding
I 10651 N. Oldfather Rd.
I ZiPgc50d7e42 r~~c Number
I 520-744-3041
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! City Tucson I State AZ
i i
Fax Number I E-Mail Address
520-744-)041 , r.olding@att.net
Ma= Business License No.
_. ,~__~~~~,~~~~~J
3. AUTHORIZATION OF PROPERTY O\\''l''ER
~~.---=--~=---- ------~=='-=
I, the undersigned, certify that all of the facts set forth in th' apPlicati~n re true to the best of my knowledge and that I a.m either the
owner of the property or that I have been authorized in w.; ti e by the ...,er to [~his application. (If not owner of record, attach
written authorization from the own~r.) . ~i 0 )
Perry P1SClot ta' - r 0 ' J ' t'7 C
'"Ronald J. Olding, James E. Olding .. .... C, . 'ic'::!- 12.~ 'OJ
Print Nan1e of A Iicant//went .- Signa Date
Date Received
Fee ."unount
09fl~:
Case NoTJcl;- C>5(0"1-
I CR\V No(?L> o0-1-(i)~
-:--=:-;'.....:'\.
MAI<AN:..
~~:::::::/ I \.
Receipt No.
Received By
~~-L~-U~ lu:G4 RCVD
TOWN OF MARANA PLANNING DEPARTMENT
REZONE IMPACT STATEMENT
,_~i.ll~~~wi~~~~~_,";;
.INf()~TIQJ~{~q:~r.\LIJ;A~T;HE)'~OPQSED REZ()NIN(;;'.:REQ~l.).,~NGSMAYBE ..;' ".
- ','.' "":', .'.~ ';:'''-_' --: c .:-"...,....~'"".:.,.~_-./ .~.~7i_~;:-~;.,:_. 0., ".,.' - '- :-..-: .-' _ " .... . _ ;.... .... _ -..- c :. -. ~ ~..-_ .-." .:.,.-....... ,- '_~"" ~.,'..'~ ". ........' _"" '-_'"_,_<_'~':., ':' .:...... -',_. >..'. ~'. _
'DELAYEDW:A::N'A:DEQrrATE DESCRIPTIO~OFTHE.PROPOSED.DEVELOPMENT IS NOT :~?"\\"'.'
.' . .-. :: ;. ,-=,:.:-.. -: - --~:.:"._-,_.-:;~~-.".:.. '._:, ,#_:_';_ -~:- .,J-;.- '-, ". .." - --': __..:~. ,-_ .' " -, - _ , .. " ,-;_ .' ,.-. -< "'.~. ~._ _' '". ",_-"_'-". .. -:--.:., .. _. .. :.-'"".;.-,,",: -.. -':-:..:.r ,',-,-',_ -. :!-'.' - .--' '__-'-:" _..-... '. - .:. '.T' .,. ~..: ~ .. .;.
. PRqyrpE~. ~ADb!11o!.'T~t'~f9RMATION MAY:BE.J'ROVIpEDQN XSEPAR4:rESHEET.;: <<'. ....
Olding/ Pisciotta Rezoning FeZ-OSlO?
DEVELOPMENTjPROJECf NAME:
. ._", _ -. -c.
...... - ....,
"
~ .-,. -
"A GENERAL INFORMATION '"
.:/
1. AREA OF PROPERTY:
435.600
SQ. FT.
10
ACRES
2. LOCATION.
North of Lambert Ln. between st. Patrick and CarolAnne Rd.
3. EXISTlNG ZoNING:
R-l44
PROPOSED ZONlNG.
R-80
4. LIST RELA. TED CASES:
CASE #
FILFjPROJECT NAME
I.
- - . . _~ - ..-.,. .~".. ,0 .
- . "0 .'
B~PROpbSED LANnUsE ·
.-. . ,- . ".- ".
. _.--
.. . " .- ' .:' J
1. DESCRIBE THE PROPOSED USE OF THE PROPERTY: Construction of Single family
residential homes
2. STATE WHY THIS USE BENEFlTsTHECOMMUNITY AT LARGE: Proposed use is consistant
with surrounding development and nearby proposed developmen~ Existing
semi-rural environment will be maintained.
P~ge 12 of 18
.-.l..ugust 2003
H:\SHARED FIlES\ Review Checkljsts\Rezone~dO(
3. IF T'rlE PROPOSED USE 15 RFSIDEJ'..JT1P..L! }-JOV\! h1P.::.~Y TOT.AL PEIDEI'':TIJ:.~L L7!--..TJT51,'\'1LL THERE BE O~-..J ThE
PROPERTY TO BE REZO!,;'EDI
h.fLJLTI-FpJvl1LY HOlv15
3
SITE-BUILT HOMES
l\i;:~~UF.~~CTLRED }-1:.:)i,.lE5
()Tn::K (DESCFdBE):
-_....-~._-~_._--~--_..__.-_._---_..,_._.__._-~-
4. V\/lLL THE SUEJECT ??()f-'ERT2' BE 5P~rT E~TCi J'.:Y:)lTjC)l<.':,L. ~fYT5?
00 '{ E:::
:' ~;;-
..,..." ~ .~ '--
IF "/,,:-c:r EC/~'V j->~.;:_>]-~' TO'T}:.,~ L'::T5 \\~~~L T~_:::?j:: B:::: ex-.. ~'-::= PPC;PE!?T~' TC) BE !-~EZCY<ED. ~.J'~=' \\-1":: :~.-
SlZE (1:< P.CRE5) V'/i:..~ EP-.CE L'JT BC"?
~________~!I9_~~~~~...:~j:~_~C?n8_-!!. '4
acre lot
_Y:__JuLS_f)I_fi-~LlC\.1__-'1t1~_L-----q~-<J~J_5~L({t~ f-e-1:
-"'-"-~-'---- ._..._--~~ --_.._~-_..--------_.-._-- ----_..---
5. IF A.DDITI:::']\P~~ LQT5J'ViLL BE CF::E.!..TE:J 2~ ~~.J~. ?EZO:<:2 .;G- :-:0\\: 1,.\-"E..L. _;:.~~-\'\'-.E.~_--::-}--E:F .-.'~--\~_::-~::
~ta_~li~ed~olorized dec:9E1129_se_c_ gr_<3.1~ite
?RC'ViI:".Eu TO TrIESE I..C-=-~-:'
-_.~-------~--_.__._-~-"--~---_._--_._---~
---~-_.----~-_.-----~.------~.__._-_.
tJ. VV1-L;:..T 15 THE jvL~~<1!'.:n.!!v: PROPOSED E,~:ILD;!<C }--LE1C:-:!1
24
JL{rA-{
c:=."".::----;- maY':. (
:: j :._.'i,,_; ::.~.
- PRO\-'"lDE A3\i E5THdATE OF l\~.J::~< PRO?C)5E0 DE\:-r:l..DP!\-rE! ~- '\"..-1LL B:C 5T.':.f:-~-E~J .':.!'~I) cor\lFLtTE=~
ST".f'TE'cC: D".TE______.~pril 200~,--
~C:\II='LETJC'>_~ [).~.\T~::
December
r-.r-,r--..
L~\}UU
8. IF T~E PROPOSED DEVEL()P}yJEf,:-r 15 -=Oi',-n...-fERC~.;:;.L (JR J>TD:':STFJ_-4..L:
,4.. Hov/ !vL.'U''';'Y Eiv!PLOYE:::'5 .~.J-zE ::...:'<TIC]I.~TE='~
i\i~
__. l---l()\""'- IvL~~"",-y P.:;FK]~G SP.~CES \'\'~LL ET_ FRO\
!!.--T..i.
c. \''\'~r-:.;'_i /u\.E TP.:E EXI:>ECTED rLJUR5 ~~ op:-~!.~_~.;jC~>.:"-'
?<q;~ ::) of 1':
FL~')\?':lf\" Chc-,:l..:l:is~,,', Ei'::Ctl:::_c:a:
D. WILL A SEPARATE LOADING AREA BE PROVIDED? NA
(IF YES, SHOW LOCATION ON PRELIMINARY DEVELOPMENT PLAN.)
E. APPROXlMATESIZE OF BUILDINGS (SQ. FT.):
NA
9. FOR COMMERCIAL OR INDUSTRIAL DEVELOPMENTS, OR RESIDENTIAL DEVELOPMENTS OF THREE (3)
RESIDENCES PER ACRE OR GREATER:
A. 5T ATE WHICH BUFFERY ARD IS REQUIRED, PER TITLE 17 OF THE TOWN OF MARAN A LAND
DEVELOPMENT CODE:
NA
B. DESCRIBE 1HE BUFFER THAT WILL BE PROVIDED (STATE BUFFER WlDTH, USE OF WALLS, A.ND
TYPE OF PLANT MATERIAL) TO MEET 1HE TOWN OF Ml\RANA LAND DEVELOPMENT CODE
REQUIREMENTS:
NA
10. IF 1HE PROPOSED DEVELOPMENT IS AN INDUSTRIAL PROJECT, ST ATE 1HE INDUSTRIAL WASTES THAT
WlLL BE PRODUCED AND HOW THEY WlLL BE DISPOSED. (DiSCUSS THE MEANS OF DISPOSAL WlTH TIfE
PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT AT (520) 740-6500 AND THE DEPARTMENT
OF ENVIRONMENTAL QUALITY AT (520) 740-3340. LIST ANYPCWW OR PDEQ REQUIREMENTS
APPLICABLE TO THIS PROJECT.):
NA
Page H of18
August 1003
H:\SH.-\RED FllES\Review CheckJ;sts\ Rezone.doc
1. ARE THERE EXISTING USES ON THE SITE? 0 YES aa No
A. IF YES, DESCRIBE THE USE, STATING THE NUMBER AND TYPE OF DWELLING UNITS, BUSINESSES,
He.:
B. IF NO, IS THE PRe:lPERTY UNDISTURBED, OR ARE THERE AREAS THAT HAVE BEEN GRADED?
The property has a 20' easement for ingress and egress and
utilities which has been partially cleared.
2. IF THE PROPOSED REZONING IS APPROVED, WILL THE EXISTING USE BE REMOVED, ALTERED, OR
REMAIN AS IS?
Regardless of the zoning, the existing use will continue. The
property is currently zoned for single family residential dev-
elopment. No change to that proposed use will occur following rezoning.
3. ARE THERE ANY EXISTING UTILITY EASEMENTS ON THE SUBjECT PROPERTY? Ii) YES 0 No
IF YES, STATE THEIR TYPE AND WIDTH, AND SHOW THEIR LOCATION ON THE PRELIJI,lINARY
DEVELOPMENT PLAN:
A partially cleared ingress/egress/utility easement occurs
on the western boundary of the property. A similar easement
is proposed to run in an easterly direction in the center of
the property. (previously submitted plan and attachments clarify.
4. DESCRIBE THE OVERALL TOPOGRAPHY OF THE SUBJECT PROPERTY, AND NOTE WHTIHER AJ'\lY SLOPES
OF GREATER THAN 15% ARE PRESENT ON THE PROPERTY. NOTE ANY ROCKOUTCROPPINGS, UNUSUAL
LANDFORMS OR OTHER SIGNIFICANT ENVIRON!vfENT AL RESOURCES:
TopOgraphy of the property is relatively fl:::lt with ~l()p~ OCCllring
from northeast to southwest. Significant Sonoran Desert vegetation
occurs on the property which we will strive to ~reserve.
rage 15 of 18
.-\ugust 200:;
H:\SH.-\RED FfLES\ Review <:he,:kJis ts\ Rezone.doc
5. NOTE ANY AREAS OF HEAVY VEGETATION ON THE PREUlvfiNARY DEVELOPMENT PLAN:
Previously submitted aerial photes indicate reasonably uniform,
~
moderate density, Sonoran Desert Vegetation of Palo Verde,Saguaro,
mesQuite, and ironwood association
6. ARE THERE ANY NATURAL DRAlNAGEW A YS (WASHES) ON lliE SUBJECT PROPERTY? !Ja YES 0 No
IF YES, STATE VVHETHER THESE NATURAL DRAINAGEPATTERNS WILL BE ALTERED BY THE
PROPOSED DEVELOPMENT, AND WHAT TYPE OF AL TER.t\. TION IS PROPOSED:
Natural drainages on the property (two exist) will not be altered.
Normal water flow will not be changed.
7. Is A UTHORIZA nON FROM AJ\Ty FEDERAL, STATE OR LOCAL AGENCY REQUIRED? Yes
IF YES, PROVIDE NARRATIVE: We met with Scott Richardson (u.S. Fish &
Wildlife) to discuss impacts to any protected species. We submitted
proposed CC& R's for the property to USFWS in September for their
review. (cc attached). Development of CC & R's was intended t 0
minimize disturbance to native plants and wildlife.
8. APPROXIMA TEL Y HOW MUCH OF THE SUBJECT PROPERTY IS PROPOSED TO BE GRADED, INCLUDING
AREAS VVHERE MOST VEGETATION WILL BE CLEARED? less than 3..~ ACRES AND
30 % PERCENT OF mE LAND AREA. How MUCH OF THIS AREA IS CURRENTLY
GRADED? current grading consists of the west easement (approx. ..15 acres)
9. DESCRIBE ANY REVEGETATION PROPOSAL IN AREAS VVHERE DEVELOPlvIENT WILL REQUIRE REMOVAL
OF NATURAL VEGETATION
All development will comply with Marana's native plant ordinance.
Reasonable attempts will be made to salvage and replant significant
native vegetation.
Page 16 of 18
August 2003
H:\SH.o\RED FILES\, Review CheckJists\Rezone.cioc
DESCRIBE ADJACENT AND NEARBY LAND USE TYPES AND ZONING WlTInN APPROXIMATELY 500 FEET OF
THE SUBJECT PROPERTY IN ALL DIRECTIONS:
NORm:
R - 144
SOUTH:
R - 144
EAST:
R - 144
WEST:
R - 144 (Proposed for R - 80 zoning)
Page 18 of lS
August 2003
H:\SH.-\RED FILES\Review Checkllst:s\Rezone.doc
10. WILL A SEPTIC SYSTEM OR PUBLIC SEWER BE USED FOR THE PROPOSED DEVELOPMENT?
sa SEPTIC
o SEWER
IF SEPTIC IS TO BE USED, ST ATE WHETHER ONE CURRENTLY EXISTS ON THE PROPERTY AND, IF SO,
WHETHER ADDITIONS TO THAT SYSTEM WILL BE NEEDED FOR 1BlS DEVELOPMENT. (NOTE: FOR
INFORMA nON ON SEPTIC SYSTEM REQUIREMENTS, CALL THE DEPARTMENT OF ENVIRONMENTAL
QUALITY AT 740-3340.): No septic currently exi~b:; on property. No sewer
lines exist downstream within reasonable distance to connect therefore
septic systems will be used for all lots conforming with surrounding~
development.
1l.HOWWILLWATERBESUPPLlEDTOTHEPROPERTY? We have develpped a waiter plan
to connect to Tucson City Water System in cooperation with adjacent
property owners. Water will be brought in from -the main on Flying
Dianond. Alternative plans call for the use of wells should this prove
infeasible.
12. Is THE A V AILABLE WATER SUPPLY ADEQUATE FOR THE PROPOSED DEVELOPMENT?
!Xl YES 0 No 0 NOT SURE
IF PRlV ATE SERVICE IS PROPOSED, 15 THERE A 100- YEAR ASSURED WATER SUPPLY?
lXI YES 0 No 0 NOT SURE
13. W1LL THlS PROJECT EMPLOY ANY WATER HARVESTING TECHNIQUES? EXPLAIN:
Not formally. Individual property owners may choose to develop
techniques to facilitate growth of native and landscape vegetation.
Poge 17 of IS
.-\ugust 2003
H:\SH4-\.RED HLE5\ Re\ie''"" Checklists\ Rezone.dOl
When recorded, return to:
Ronald J. Olding
10651 N. Oldfather Rd.
Tucson, AZ. 85742
Rev. 2/14/06
DECLARATION CREATING
COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
FOR
A division of land Marana, Arizona
This Declaration Creating Covenants, Conditions,
Easements (this "Declaration") is made as of
persons identified herein as the Declarant (the "Declarant").
Restrictions and
, 2006, by the
RECITALS
A. Declarant is the record and beneficial owner of certain real
property located in Pima County, Arizona, as described on Exhibit A (the
"Property").
B. Declarant desires to subject the Property to this Declaration in
order to assure that the development of the Property occurs in accordance with a
plan and general scheme of development consistent with and in order to protect
the unique character and natural environment of the Property and the surrounding
area.
Declarant therefore declares that the Property shall be held, sold, and
conveyed subject to the following easements, restrictions, covenants, and
conditions shall run with title to, the Property, and shall be binding upon and inure
to the benefit of all parties having any right, title or interest in the Property or any
part thereof, their heirs, personal representatives, successors and assigns.
ARTICLE I
DEFINITIONS
Section I. "Declarant" The term "Declarant" shall include one or
more successors in interest who have been designated in writing by the then
existing Declarant as a "Declarant."
Section 2. "Improvements" shall mean any Residence, ancillary
structure, wall, fence, landscaping, hardscaping, roads, other grading or any other
disturbance of the natural environment upon a Lot.
Section 3. "Lot" shall mean and refer to each of the four (4) divided
lots, numbered 1 through 4, as shown on the map.
Section 4. "Maximum Developable Area" shall mean that portion
of each Lot which is not greater than thirty percent (30%) of the total gross area of
such Lot, from which native vegetation may be removed or which may be visibly
altered or upon which improvements may be constructed or installed. (See the
attached addendum)
Section 5. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to any Lot, but
excluding those having such interest merely as security for the performance of an
obligation.
Section 6. "Map" shall mean the final map of the Property as
approved pursuant to ordinance by the Town of Marana in Pima County, Arizona.
Section 7. "Property" shall mean and refer to the real property
subject to this Declaration, as described on Exhibit A attached hereto.
Section 8.
"Residence" shall mean any primary dwelling on any
Lot.
ARTICLE II
COVENANT FOR MAINTENANCE
Section 1. Maintenance Costs. Each Owner of a Lot, by acceptance
of a deed therefore, whether or not it shall be so expressed in such deed, is deemed
to covenant and agree to pay such Owner's pro rata share of all costs
("Maintenance Costs") incurred in the maintenance of the private streets serving
the Property and the Lots thereof. For purposes of this Article, each Owner's "pro
rata share" of the Maintenance Costs shall be determined by dividing the total of
such Maintenance Costs calculated annually by the Owners of a majority of the
Lots within the Property by the number of Lots within the Property. The dividend
thus calculated, together, in the event of any Owner's non-payment, with interest,
late charges, collection costs, and reasonable attorneys' fees, shall be a charge and
continuing lien upon each Lot, and shall be due and payable on such date or dates
as determined by the Owners of a majority of the Lots.
Section 2. Enforcement. Anyone or more Owners not in default of
the obligation to pay his or her pro rata share of the Maintenance Costs shall be
entitled to bring an action against any other Owner in default thereof to enforce
such payment, and in any such action, the prevailing party shall be entitled to an
award of attorneys' fees and costs.
Section 3. Purpose. Maintenance Costs payable pursuant hereto
shall be used exclusively for the maintenance, insurance, and protection of the
roads and other elements serving the Property and the Lots thereof, and shall not
be used to maintain any private drive or other facility not of general benefit to the
Owners. The Owners of a majority of the Lots within the Property shall determine
whether expenditure is appropriate hereunder, subject to review by the courts.
ARTICLE ill
ARCHITECTURAL AND DEVELOPMENT RESTRICTIONS
Section 1. Restrictions. All Lots shall be developed and improved
in a manner consistent with this Declaration. The total area of each Lot from
which native vegetation is removed for Development purposes shall not exceed the
Maximum Developable Area of such Lot. Notwithstanding anything to the
contrary contained herein, this Section shall not be subject to amendment or
modification without the consent ofthe United States Fish and Wildlife Service.
Section 2. Buildine Envelope. As used in this Article, "Building
Envelope" shall mean that portion of each Lot which is interior to the building set-
back lines established by Section 3 of this Article and as depicted on the Map with
respect to each Lot. All improvements other than an access drive, septic leach
fields and utility access shall be confined to the Building Envelope of each Lot.
Prior to construction the Declarant will have t-post and flagging placed at the
clearing limits. This marking shall remain in place until the final inspection has
passed. (Any septic leach field and utility corridors located outside the Building
Envelope shall be re-vegetated to its original state.)
Section 3. Set-Back. No Improvement other than an access drive
and associated gate or mailbox structures shall be placed within fifty (50) feet of
any Lot line contiguous to a road or natural area or within fifty (50) feet of any
line common to another Lot. Lines describing such set-backs shall be depicted on
the Map.
Section 4. House Size. No Residence shall be constructed which is
smaller than 2400 square feet in living area, and no guest house shall be
constructed which is larger than 40% of the main house square footage. For
purposes of this Section, "living area" shall include all enclosed, heated and
cooled area of the house. If a Residence or site plan has particular architectural
merit, the Board may at its discretion grant a waiver from these size requirements.
Section 5. Architectural Style; Heieht Limitations. No Residence
or other improvements constructed upon a Lot shall be greater than one story.
All Residences shall be of generally southwestern, territorial, mission, Santa Fe,
Tuscan, or ranch style. Guesthouses and garages shall be of the same style,
materials and color scheme as the main Residence. No geodesic dome, "A" frame,
mobile or pre-built modular homes shall be constructed on the Property.
Section 6. Exterior Materials and Colors. Building materials used
in the construction of all Residences and ancillary buildings upon the Property
shall be consistent with the overall community character. Residences shall be of
high quality construction with stucco, burnt adobe, unfired adobe, brick, stone,
cultured stone, or solid wood exteriors. The use of stucco shall be limited to 95%
of the exterior finish. The balance shall incorporate the use of other materials
....._--"..-..-._""""'-~,~"<--~..._,.~..,..~".,'~,.,.,...~,~~,~._..,.,..
herein listed: adobe, burnt adobe, colored block, rock, brick, cultured rock, log &
rough sawn wood (as in Santa Fe style), and rusted steel. (No veneered,
composite or man-made wood siding of any kind; these kinds of materials may
only be used as trim). All painted exterior walls and other visible portions of the
improvements, which require painting, shall be painted in low-reflective or non-
reflective earth and desert tones. Roof materials and colors shall be consistent
with the overall community character and architectural style of the building using
natural earth or desert tones. The use of white, silver or other highly reflective
colors or materials is prohibited with respect to walls and other vertical surfaces
and with respect to roofs, unless screened behind parapet walls.
Section 7. Landscape and Non-disturbance of Veeetation.
Marana's Native Plant Preservation Ordinance shall govern the entire site and the
Declarant intends that the character of the Property, including native plants,
vegetation, and ecology of the surrounding biome, be maintained to the maximum
possible extent. Accordingly, the character of the native landscaping shall not be
altered or disturbed except up to the area allowed under the Maximum
Developable Area and within the Building Envelope. All endangered plant
species and all such endangered plants which are removed for development
purposes shall be transplanted to a suitable location on the same Lot from which
they are removed. All areas temporarily disturbed by construction, except as
otherwise required by Law, will be seeded and replanted with species native to the
project area. Nothing herein shall be construed to prevent the planting of
additional native vegetation on any Lot. No pine, eucalyptus, California pepper,
or African sumac trees shall be planted or maintained on the property. Palm trees
may not be used to landscape the front of the house.
Section 8. Exterior Liehtine. All exterior lighting shall be placed
and directed in such a manner that it will not shine directly on another Residence
or adjacent natural open space, create excessive ambient light, or otherwise
unreasonably affect a neighboring Owner's enjoyment of his or her Lot.
Section 9. Fences and Walls. New professionally installed chain
link fences may be permitted on the Property only in the immediate rear or side
yard, out of sight when facing the front of the home, and must be in the vicinity of
a Residence or ancillary building and shall not exceed 100 lineal feet. Block or
masonry walls shall be the primary means to define and enclose all yard and
courtyard areas. They may be permitted only adjacent to a Residence or ancillary
building within the Building Envelope and shall be architecturally compatible with
the Residence or ancillary building with which such wall is associated. Fences
and walls shall be a maximum of six (6) feet in height.
Section 10. Lot Splits. No Lots shall be split or divided less than as
described on the plan specifYing the lots, sizes and grading limits without approval
from the Town of Marana.
Section 11. Compliance with Local Laws. All development within
the Property shall comply with local laws and regulations including those imposed
by the Town of Marana. In all cases in which the provisions of the Declaration
differ from applicable county or other government regulations, the stricter of the
provisions shall apply.
ARTICLE IV
USE RESTRICTIONS
Section I. Residential Use. All Lots within the Property shall
comply with the Town ofMarana's codes regarding residential use.
Section 2. Improvements Permitted. Each Lot may be improved
by: One Residence, one guest house or similar ancillary living facility, and one or
more garages, whether or not attached to a Residence, all conforming to the
requirements of Article III. All Residences and other structures shall be built on
site and no mobile homes or manufactured housing units shall be located on any
Lot except temporarily during the construction of a Residence for a period not in
excess of eighteen (18) months from the date first placed or installed upon the Lot.
No guesthouse or similar ancillary living facility may be constructed prior to the
construction of a main Residence.
Section 3. Construction and Sales Exemption. Nothing herein
shall be construed to prohibit reasonable activities associated with the construction
of any improvements by Declarant or any Owner, or to prohibit temporary sales
offices or signs on any Lot owned by the Declarant during any time that the
Declarant is marketing any Lot or Lots within the Property.
Section 4. Household Pets. The Owner of each Lot may keep upon
the Lot, in proper enclosures and accommodations, a reasonable number of dogs,
cats, fish or other domestic animals which are bona fide pets, so long as such
animals are not kept in such number or in such manner or under such conditions as
to create a nuisance or personal injury or property damage or injury to any
endangered plant or animal species. Dogs shall be kept properly confined to their
Owner's Lot within the hatched/shaded area as per the map and shall not be
permitted to bark excessively. An Owner's right to keep animals in accordance
with this Section 4 shall be coupled with the responsibility to pay for any damage
caused by such animal(s) and to keep all animal enclosures in a clean condition so
as not to create excessive odors. Each Owner shall be responsible for restraining
his or her animal(s) and for insuring that no animal is allowed to roam outside
their Property. No chickens or other fowl shall be kept within 50 feet of any Lot
line.
Section 5. Satellite Dishes and Other Antennas. Exterior antennas
or other devices for the transmission or reception of television or radio or other
electromagnetic signals, larger than 24 inches in size shall be screened from the
view when facing the home and of neighboring Lots.
Section 6. Miscellaneous Structures. All mechanical apparatus,
including but not limited to refrigeration, cooking, heating and cooling apparatus,
pool equipment, transformers, tanks, and pumps associated with each Residence or
ancillary structures shall be screened and concealed from the view of adjacent
Lots and the noise impacts thereof shall be minimized.
Section 7. . Vehicles. Motorbikes, motorcycles, all-terrain vehicles or
similar vehicles shall be operated (when on the Property) ONLY on established
roads within the Property at low speeds and then only for the purpose of
transporting the riders to a public road or specific destination. Any recreational or
other use on an Owner's Lot shall be confined to driveways and shall not create
dust, erosion or excessive noise or disturb native vegetation outside of the
Building Envelope. All disabled or non-operational vehicles shall be garaged or
screened from view from any other Lots and the Common Property. All
recreational vehicles, trailers, commercial or heavy trucks and equipment and
boats, etc., shall be garaged or screened from view from any other Lots and the
Common Property.
Section 8. Nuisances. Its residents or other occupants shall permit
no nuisance on the Property, or any portion thereof. As used herein, the term
"nuisance" shall not include any activities of Declarant or any developer which are
reasonably necessary to the development of and construction on the Property,
provided that no loud music or other excessive or unnecessary noise occurring in
connection with the development of any Lot shall be deemed necessary to
construction.
Section 9. Undel1!round Utility Lines. All electric, television,
cable television or radio, telephone, and other transmission line installations and
connections within the Property shall be placed underground; provided that,
during the construction of a residence, the contractor or builder may install a
temporary overhead utility line which shall be promptly removed upon completion
of construction.
Section 10. No Hazardous Activities. No actIvItIes shall be
conducted on the Property or within improvements constructed on the Property
which are or might be unsafe or hazardous to any person or property. Without
limiting the generality of the forgoing, no firearms shall be discharged upon any of
the Property and no open outdoor fires shall be lighted or permitted on the
Property, except in a pit designed to contain fires or outdoor fireplace or barbecue
unit while attended by a responsible person.
Section I 1. Noise or Odors. No sound shall be emitted from any Lot
or Residence (including loud music or recreational vehicle engine noise) which is
unreasonable loud or annoying to the Owners or occupants of nearby lots. No
odor shall be emitted from any Lot or Residence which is noxious or unreasonable
offensive tb others.
Section 12. Garbaee and Refuse Disposal. No garbage, refuse,
rubbish, ashes, waste, bio-solids, or cuttings shall be deposited on the Property or
any road or Lot or other parcel thereof, unless placed in a suitable container
suitably located, solely for the purpose of garbage or recyclables pickup or
decomposition. All equipment or containers for the storage or disposal of such
materials shall be concealed from view from other Owners and neighboring
properties, except when being placed for removal.
Section 13. Excavations. No excavation shall be made upon the
Property, except in connection with construction of Improvements or installation
of utilities. Upon completion of any construction or installation, exposed
openings shall be backfilled and disturbed ground shall be graded and, unless
within the bed of a road or within the portion of a Lot to be developed, restored to
its natural appearance.
Section 14. Drilline or Minine Operations. No Lot shall be used for
drilling, exploring, mining or otherwise developing any deposits of oil, mineral or
other natural resources lying above, on or under the Lot. Nothing herein shall
preclude an Owner from developing or sharing water resources with other Owners.
Section 15. Outside Storaee. No indoor furniture, fixtures,
appliances or other goods and chattels shall be stored on any open area or on any
Lot. in such manner that such items are visible from a neighboring Lot.
Construction materials shall not be stored on any Lot for a period exceeding sixty
(60) days prior to commencement of construction and following completion of
construction. Owners should avoid creating, developing or permitting obvious
eyesores visible to others living within the Property.
Section 16. Trails and Paths. Pedestrian activities shall be confined
to existing roadways and natural trails and paths. The clearing of trails and paths
through native habitat outside the Building Envelope shall not be permitted.
Section 17. Prohibited Uses. The following uses or activities are
expressly prohibited: Incompatible fire protection activities; Livestock grazing;
Commercial uses; Industrial uses; Altering the general topography outside the
Building Envelope.
ARTICLE V
EASEMENTS
An easement is reserved and granted to all Owners and their guests,
licensees and invitees upon, over and across the graded and/or paved roads
constructed upon the Lots, as shown as road easements on the Plat, for access to
and from the Lots and for the installation and maintenance of utilities.
ARTICLE VI
PROVISIONS
,.."..,.....
Section 1. Enforcement. Any Owner or Owners not in default of
the restrictions and obligations of this Declaration shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens, and charges now or hereafter imposed by the provisions of this
Declaration. Failure to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter. Costs and
attorneys' fees shall be awarded to the substantially prevailing party in any such
action.
Section 2. Severability. Invalidation of any prOVISion of this
Declaration by final judgment or court order shall in no way affect or limit any
other provision, which shall remain in full force and effect unless rendered
meaningless.
Section 3. Conflicts of Provisions. In case of any conflict between
this Declaration or with any rule or regulation or bylaw of the Association, this
Declaration shall control. In case of conflict between any provision of this
Declaration and any provision of law, the law shall prevail over any unlawful
provision hereof, but the stricter provision shall prevail to the extent not unlawful.
Section 4.
Duration and Amendment.
(a) Duration. Each and every prOVIsIon of this
Declaration shall run with and bind the land for a term of sixty (60) years from the
date of recording of this Declaration, unless amended to run for a longer period
during the final 10 years of such term.
(b) Amendment. This Declaration, including Section 4,
may be amended or restated by an instrument approved by the Owners of at least
75 % (3/4) of the Lots. However, no amendment of Article III, Section 1 shall be
effective without the consent of the United States Fish and Wildlife Service. Any
amendment must comply with the statutes of the State of Arizona and the
resolutions and ordinances of the County of Pima, Arizona, the Town of Marana,
or of any successor governmental entity having jurisdiction over the Property, in
existence at the time such amendment becomes effective.
Section 5. Notices. Each Owner hereby consents to the receipt of
notices or demands intended to be served upon an Owner personally served or sent
by first class mail, postage prepaid, to the address of the Lot owned by such
Owner.
,2005
Dated:
Declarant:
By:
Its:
STATE OF ARIZONA
)
) ss:
)
County of Pima
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me this
day of 2006 by
as of , the
Declarant herein.
Notary Public
My Commission Expires:
Leslie & Bonnie B. Corey
P.O. Box 90227
Tucson, AZ 85752
January 22, 2006
Chair
Marana Planning Commission
Town of Marana
11555 W. Civic Center Drive, Bldg. A2
Marana, AZ 85653-7003
Re: Case No. PCZ-051 07
Dear Commissioners:
We are abutting residents to the rezoning request submitted by property owners James Olding,
Mr. & Mrs. Perry Pisciotta, and Mr. and Mrs. Ronald Olding to rezone 10 acres of land from "R-
144" to "R-80". We protest any action by your commission that would directly or indirectly
facilitate a higher density of development than is allowed under current zoning. Any prescriptive
increase in density for this 10 acre tract is inconsistent with your approved Town Plan of
Development and with the community and rural conservation values that the have been embraced
by all the neighboring property owners.
While we appreciate the need to set aside a 75' strip ofland along Lambert Lane to accommodate
a future road right-of-way, we do not feel that this requirement should trigger a down-zoning of
this nature. Allowing a single lot of 191,922 square ft. in an R -80 re-zone could subject that tract
to a future lot split. We do not object to reconfiguration of the lot lines to accommodate 3
building lots on this tract as lon~ as the density for the entire tract is limited to no more than three
residential lots in perpetuity. Appropriate conservation restrictions should be imposed and filed
on the land records to prevent any future lot splits and to protect the riparian flood zone also
found on this tract.
We strongly oppose any increase in lot density and support generous habitat protection covenants
on all undeveloped lands found in this area for the following reasons.
1. The thorn-scrub or Ironwood Forest located in this region contains some of the most
biologically diverse and lush Sonoran desert habitat.
2. Lands in this area were designated as priority conservation lands for protection under the
Pima County Sonoran Desert Conservation Plan.
3. This land also includes riparian habitat critical to many threatened and endangered
species. A cactus ferruginous pygmy owl was active in this area during two consecutive
breeding seasons in 2003 and 2004. We have photos of the owl in an ironwood tree on
our residential lot across from the subject property. Every effort should be made in this
region of town to minimize habitat loss and site disturbance to conserve as much of the
Ironwood Forest as possible in support of the biological diversity present on these lands.
4. Maintaining residential lot densities as prescribed in the R-l44 Zone and Pima County's
SR Zone is appropriate and consistent with the existing development densities that all
other property owners adjacent to these lots have adhered to. There is no compelling
reason or hardship situation created here that compels your Commission to allow the
proposed increases in density on this or adjoining tracts.
Thank you for providing this opportunity to comment on this action pending before your
Commission. We are disappointed that we could not attend the public hearing scheduled for
January 25, 2006 due to out of state business travel obligations. Please read this letter into the
hearing record.
If the Commission chooses to continue this proceeding to allow for further discussion and
analysis of the proposal, we would be interested in attending a future hearing. We look forward
to learning of your deliberations concerning this proposed action.
S,t\"'IY,
~ /}'. lA,
~Corey, Jr.
10355 N. St. Patrick
~/-~~ 4.
Bonnie B. Corey
,~~
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JAN 25 2006 4:59PM
HP LASER JET 3200
JIM ~ PATIY Mll..LER
P.O. Box 89358
TucsoN, p;z 85752
(520) 744 0092
FAX (520) 579 9206
January 25~ 2006
Marana Planning Commission
T9wnofM~
~ - - .
11555 W. Civic Center Dr.t Bldg A2
Marana. AZ 85653
U:
Case PCZ - OS 102
Case PCZ - 05107
. ~
Dear Members of the Planning Commission,
I am a. neighbor to the south of the Case PCZ - 05102 (Gutiprrez, Cutler and C~t1.er)
located at 10231 N. St. Patrick Rd. I have some concerns reprding these reque*~ and I
dOOl'tfeel that th~'have been adequately ~ed. We are; not within the 300 F~
IlC?tification area as the lots in the area varY :from 3.3 to 20 ~res. After a Deigh~rlbrought
this to my attention I tried to gather as much information as .Ipossible, but due to Is!' me
logistical issues I have not had the opportunity to gain the information needed to
understand the need for the increase in density for the above referenced cases. I 0 Iy
receiVed. the staffrepo.. ruoda. Y due to illness and technologytproblems from the fown of
~ I received ~message from Mr. Cutler on 1/24/06 b~ have not been abl to
:::::: :"'cases dIe ~ purohased was rek-moo Mdt a d1JtyiliaJ
was adequate and representational of the existing community as well as consist~ with
both Pima County SR Zone and the Marana RI44. Increasibg density even slightlY can
have some detrimental effects on the area. My concern falls mainly in Gutierrez I Cutler
case where the potential for density can be as high as 9 homF sites in an area th1t was
originally zoned for 6 home sites. This 300.10 increase will inipact the fragile wat shed
and environment as well as create more hazards with an increase in traffic and an
impact. Already we have had major and minor washes rech+meled that cause si 1 . ficant
erosion out of the natural drainage due to the increase in impact. The roads that e once
passable during monsoons with an occasional wash crossin~ them have become . ers in
themselves due to the impact of home sites and we maintain our own streets. We do not
have any form of traffic control and motorists are sharing thf' dirt roads with eqQestrians
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JAN 25 2006 4:59PM
HP LASER JET 3200
and motorized recreation vehicles. Often times children ~ zipping down the streets on
quads. With the increase in density and traffic this posses an even greater dang~.
i
As you mayor may not be aware there is a cohesive community of owners, (both long
tenD and relatively new) that have purchased land and built homes in the commupity.
Many others have bought some of the existing homes already here. We work together to
maintain our own roads, petition to get school bus pick up, imonitor the area for illegal
dmnping, attempt to monitor the illegal parties that often Wnes materialize in the vacant
desert areas and other issues that have arose through the Y*S. Although we aU ~ue our
privacy it is this spirit of cooperation that has encouraged ~e growth of a conu:~n~nity that
has more recently begun to become a very desirable location for custom home si~.
, ,
I would like to urge the commission to only rezone this to R80 with the follo~t
conditions to allow the current owners to obtain the density that would be lost que to the
dedicadion ofthe 7S ft right of way to the 'town; however, ~ would request that ~
comm. ission condition this rezoning with a cap on the den~. ty to be consistent ~'th the
Pi1;na County SR Zone and Marana R144. If this is not pos.ble, I would like th .
commission to continue this matter so we can have an oppqrtunity to address 0
concerns to the developers of these properties. I
I
lbank you for your consideration and the opportunity for C?mment.
I
R~ds,
~~
Patty and Jim Miller
cJit ;al(~
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February 17,2006
To: Marana Planning Commission
From: Torto1ita Neighborhood immediately surrounding affected property
References:
Case No.: PCZ-05102 Case Name: Presidio De Oeste Rezoning
Case No.: PCZ-051 07 Case Name: Olding / Pisciotta Rezoning
Attachment 1: Area planning and zoning map
Attachment 2: Dirt road problems caused by water channeling
Dear Marana Planning Commission,
We the undersigned neighbors residing within the Tortolita Comprehensive Plan, and within 0.5 miles of
the referenced properties,
Whereas,
I. We have listened to the staff reports and proposals presented to the commission on January 25, 2006;
2. We have met with the property owners February 4,2006 to review their plans;
3. We have reviewed the surrounding zoning and densities plans as given in attachment 1 and found the
cases referenced above to be inconsistent;
4. We are concerned about local road flooding / erosion that is exacerbated by higher density building
without the benefit of subdivision improvements (see attachment 2);
5. Weare concerned about the additional traffic on Lambert Lane, a dirt road maintained by the
neighborhood and a single lane in many sections;
6. Our quality oflife, properties, and safety are affected by the proposals presented to the commission.
Now therefore propose the following,
] . Densities be maintained to the spirit of the existing requirements by either:
a. Providing variances to the R -144 zoning to have the effect of not penalizing owners for the
subtraction of75 feet along Lambert Lane, up to the density allowed before the subtraction of the
right of way.
b. Allowing rezoning of those owners' properties that border Lambert Lane to R-80 and limit the
density to R -144 standards prior to the subtraction of 75 feet along Lambert Lane.
2. Roadways, arteries, and driveways not be allowed onto Lambert Lane by legal restrictions until the
time that the town of Marana and Pima County improve Lambert Lane beyond its single lane / dirt
surface condition. Driveways and arteries are not allowed on 8t. Patrick. Access shall be as proposed
from Flying Diamond.
a. Create a 1 foot no access easement along 81. Patrick and Lambert Lane
3. In exchange for the higher density allowed by the 75 foot subtraction, owners agree to install, or
invoke by covenant, a barrier along Lambert Lane, such as 5 gallon mesquite trees every 10 feet fed by
drip irrigation.
4. All other declarations and plans presented by owners in the above referenced reports be adopted.
The undersigned set their hand to this proposal and certifY that they are within the Tortolita Comprehensive
Plan and within 0.5 miles of the referenced properties;
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Attachment 2: Dirt road erosion on Lambert Lane caused by flood water channeling.
February 21, 2006
Town of Marana
Planning and Zoning
11555 W. Civic Center Drive
Marana, AZ. 85653
RE: Rezoning Issues
#PCZ-05102
#PCZ-05107
We would like to go on record with our concerns regarding the
rezoning requests noted above. My wife and I attended the planning and
zoning meeting on January 25, 2006. In that meeting we listened to
proposals from a Mr. Cutler regarding rezoning the parcels in questions.
Mr. Cutler appeared to be speaking on behalf of several property owners
that had contiguous parcels of land. A search of the public records
shows that all of these people came into title in the spring and summer
of 2005.
I am uncertain as to the total number of lots that would result
from the proposals submitted but it appears to be at least 7 or 8.
While these individuals are independent owners of their parcels they are
acting in concert to subdivided the land. Marana requires that you go
through the preliminary and final plat process when your splits produce
3 or more lots. The subject parcels in these two rezonings, regardless
of title and individual ownership, represent a small subdivision and
must be held to town standards. The plat process with the attending
design standards should be applied to this development.
At this point the town has the right to request certain conditions
be met in order to approve a rezoning request. We believe the interests
of the town will not be served if you miss this opportunity to impose
proper development standards.
We are concerned about the increase in density but even more, we
are concerned that this project must meet minimum town standards for
development. At this time we must go on record as opposing the
rezoning.
7fl~ ~ ~
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Mike L. & Wendy L. Lee
PO Box 89697
Tucson, AZ. 85752
465-4008 cell
797-1673 fax
CC: Town Attorney and Town Manager
March 6, 2006
Lisa Shafer
Marana Development Services
11555 W Civic Center Drive
Marana AZ 85653
RE: Rezoning request for Olding !Pisciotta (10 ac north of Lambert)
Rezoning request for Cutler/Gutierrez (20 ac north of Lambert)
Please reconsider the zoning change proposed in the F eb 22 Planning
Commission meeting, to change these two pieces from an R-144 to an
R-80.
I did a quick estimate for our homeowner's association and the average
lot size between the properties in question and our properties is 6.4acres.
Why would the Town of Marana consider allowing rezoning this
property to R -80?
We are very concerned with the impact this would have on our area, and
the precedent that it would set for future developers.
Please allow infill and higher density developments in areas with similar
zonIng.
This R -80 rezoning is not consistent with our area.
SinCerelY,. .~. ..- ~... i
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J (/J
Laureen Bottazzi
Sweet Haven Property Owners Association
POBox 91723
Tucson AZ 85752
~-:~ Olding/Pisciotta
_. Rezoning
MARANA
~/ 1 '" CASE NO. PCZ-05107
TOWN OF MARANA
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The Town 01 Manna provkl..1hts map I,,"ormation "As Is" at h request of + ~ z
1M us... with tIM understanding that It is not guaranteed to tJ. accurate.
'- corr~ Of complete and conclusions drawn from such inform~on .. the ~ Q m
responsibltily oftI'M u..r.
In no event shall n.. Town of Mar_ buomeUab" to user. or these d8ta. ^ 0
or any other perty. tOl any loss or direct. lncIrect. apedal. incidental or -
I- eonseq\nntlal damages. including but not Hmlh'd to tame. money or -1
goodwill. .....tng ttom 11M \1$. or modII'k:~ or the da. 0
III III I I I
REQUEST
A request by the aiding's and Pisciotta's to rezone
l...- approximately 10 acres from "R-144" to "R-80".
The property is located directly north of Lambert Lane
and approximately 1/4 mile west of Camino de Oeste.
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