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HomeMy WebLinkAbout07/11/2006 Special Council Meeting Minutes MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11,2006 PLACE AND DATE Marana Municipal Complex, July 11, 2006. A. CALL TO ORDER AND ROLL CALL By Mayor Honea at 7:01 p.m. COUNCIL Ed Honea Herb Kai Bob Allen Jim Blake Patti Comerford Tim Escobedo Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Present Excused Present Present Present Present Present PLANNING & ZONING COMMISSION Russell Clanagan Chair Jon Post Vice Chair John Dailey Commissioner Thomas Hestwood Commissioner Jack Noble Commissioner Billy Schisler Commissioner Dave W ostenberg Commissioner Excused Present Present Excused Present Present Present STAFF Mike Reuwsaat Gilbert Davidson Jim DeGrood Frank Cassidy Jocelyn Bronson Town Manager Deputy Town Manager Assistant Town Manager Town Attorney Town Clerk Present Present Present Present Present B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE Mayor Honea led the pledge and asked for a moment of silence. c. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Escobedo, the agenda was amended to move item E. 1 to follow item E. 4. The amended agenda was unanimously approved. D. CALL TO THE PUBLIC There were no speaker cards submitted. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11,2006 E. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Ordinance No. 2006.21: Relating to Animal Control; adopting vaccination and licensing requirements for dogs; prohibiting dogs at large; requiring dog waste removal; authorizing animals in violation to be removed, impounded and micro chipped; establishing fees; providing penalties for violation; amending Marana Town Code title 6 by adding delmitions to section 6-1-2, replacing chapter 6-2 and chapter 6-3, amending section 6-8-2; and declaring an emergency (Frank Cassidy) Frank Cassidy, Town Attorney, addressed the Council and said a draft of Ordinance No. 2006.21 went before the Council at a Study Session on April 11 , 2006. The only change between the draft ordinance and the proposed ordinance is the elimination of minimum penalties and that the ordinance takes advantage of the civil code enforcement adopted by Ordinance No. 2006.15. Council Member McGorray asked if there was a notification process for people moving out ofthe town. Kim James, Pima Animal Care Center, stated that there is not a requirement for an owner to contact them if they are moving, only for new residents to get licensing within 30 days. Upon motion by Council Member McGorray, seconded by Council Member Allen, Ordinance No. 2006.21 was unanimously approved. 2. Resolution No. 2006-102: Relating to Development; approving and authorizing the execution of the Tangerine/Thornydale development agreement (Frank Cassidy) Mr. Cassidy said the proposed development agreement grants the developer four years to move forward with the project as presented in the Tangerine/Thornydale Specific Plan or for three years after the approval of a subdivision plat or development plan. It is a protected rights development agreement and is specific to make sure the 40 percent disturbance is met. Upon motion by Council Member Comerford, seconded by Council Member Escobedo, Resolution No. 2006-102 was unanimously approved. 3. Resolution No. 2006-100: Relating to Development; approving and authorizing the Mayor to execute the Granite Construction Company/Tangerine Development Agreement (Frank Cassidy) Mr. Cassidy said the proposed Granite Construction Development Agreement waives any protest that Granite might have to the improvement district and allows expansion of mining activities from the existing pit onto the Beard property. He reviewed changes to the development agreement, which include deletion of sales tax in section one; access to the Beard house, adding language that the town will always have a reasonable period to establish physical access every time a new access is given. The last change in Section 3.4 makes clear that the Town Code provisions relating reclamation plans are incorporated and adds language that references the Town Code Chapter 9-10 dealing with surface mining and land reclamation. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11,2006 Mayor Honea asked ifthe Max Beard property was a deeded easement. Mr. Cassidy said there might be an easement for the Beard house. Mike Reuwsaat, Town Manager, said the easement was established so that as long as Mrs. Beard was living in the facility, there would be access; understanding that the disposition and use of it would change. It has never been established as a permanent right-of-way or easement. Mayor Honea verified that it was a private agreement with Mrs. Beard. Upon motion by Council Member Comerford, seconded by Council Member Blake, Resolution No. 2006-100 was unanimously approved. Mr. Reuwsaat thanked Bill Mackey for his work with the development of the Beard facility. 4. Land Development Code Annotated Outline (Barbara Berlin) Mr. Reuwsaat said the presentation is a smaller version ofthe lengthy report given in the Council packets. Barbara Berlin, Planning Director, addressed the Council and said the Land Development Code project was contracted to Clarion Associates. She then introduced Tina Axelrad, Clarion Associates. Ms. Axelrad addressed the Council and said that Clarion Associates is a land-use policy- consulting firm based in Denver, Colorado. She presented a breakdown of the Land Development Code (LDC) Annotated Outline in a power point presentation. A draft of the design standards and guidelines will be presented to the Planning and Zoning Commission on July 26, 2006. Clarion representatives have met with Planning Commissioners, planners, Public Works staff, the development community, Council members, stakeholders, and staff was surveyed to get input for the reformat and reorganization of the code. She said the Land Development Code will be integrated into the Town Code as Title 17 and will use the same numbering system and format. The new LDC will modernize the zoning process and eliminate the alphabet zoning CA, B and C zones). The suggestion is to create new zone districts that align with the A, B or C zones and rezoning to standard zoning. Mr. Reuwsaat asked if the new zoning categories would be overlaid in an overlay in the existing A, Band C zones. Ms. Berlin said that they are recommending leaving it alone until someone wants to change the land use. Vacant land would require a zoning change, but if an addition to an existing home is wanted, no zoning change is needed. Mr. Reuwsaat asked if an A, B or C zoned land is vacant, will the code allow the town to determine what the future use of the land is. In addition, asked if the recommended process would allow the town to advert to a heavy industrial site, if an A, B or C zone is adjacent to a residential area and the C zone allows heavy industrial. Ms. Berlin said yes and said the General Plan would bring the land use zoning into compliance with the General Plan. Ms. Axelrad said in streamlining processes, the decision-making authority for minor plan and plat adjustments would go to the Planning Director; not including the use of land, the MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11,2006 density, or non-residential buildings. The approval of major adjustments will still go before the Council. Mr. Reuwsaat said this is an area of concern and that somewhere in the process, specific areas of change need to be identified and brought before the Council. Ms. Berlin said decision-making authority is an area that will be very specific in the code and that most plans have an area for administrative modifications, which will be mirrored into the code. Planning Commissioner W o stenb erg asked Ms. Axelrad if parking and street standards were being modified. Ms. Axelrad said no, only a single space. Ms. Axelrad addressed the issue oflot splits and what is allowable by Arizona law. She said that lot splits could be reclassified as subdivisions or a general prohibition on successive lot splitting; allowing only one lot split. Ms. Axelrad spoke of reducing reliance on specific plans and allowing greater variety of uses in standard zoning districts. She suggested looking at existing zone districts such as the higher density "R" zones and allowing smaller scale commercial and residential to be mixed with commercial districts. Ms. Axelrad also suggested increasing the choice of standard zoning districts such as new smaller lot single-family zone districts or revamping multi-family zoned districts allowing some smaller scale apartments or duplexes. Ms. Berlin said there is always an option to rezone. On the book zones are not automatically mapped and will still be requested through the rezoning process. Different zone districts will still be part ofthe legislative act on the part ofthe Council. A planned area development is another tool short of a specific plan; it can start with the basic zoning districts as the starting point and either map those districts or make some modification. Ms. Axelrad said that mixed zones have some great standards and ideas in the specific plan, which has become the vehicle for what the town wants Marana to look like in terms ofland-use and development. Mr. Reuwsaat said he wants to see a specific plan that is 100 pages first; most of the documents are a couple hundred of pages, then staff spends time figuring out what the tweaks are. The PAD is a specific plan that is hard zoned and looks at a few changes. He said that as the town moves forward it is easier for staff to follow Council's policy when they are set up. The expectations to the developer should be well known on the front end of a project. Mayor Honea agreed with Mr. Reuwsaat's comments and said he thinks specific plans have been used in Marana because they supersede code. If someone brings in a specific plan, it is because they cannot live with the code. If the code is up to grade, then the town will be able to say they have to abide by the design standards. Ms. Axelrad agreed and said that the new approach relies on clear objective standards. If the standards are followed, staff will be satisfied with the result. The very large multi-phased developments where deviations from the code are in question is when it is worth the time and expense of doing a specific plan. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11, 2006 Ms. Berlin added that the town can offer some certainty in the code process and can offer greater affordability in some ofthe neighborhoods without having the cost of writing a specific plan. Ms. Axelrad said that one issue remaining after the residential design standard is whether there is a desire or need to encourage a greater variety within the residential subdivisions. There is room to encourage a greater mix of housing types or sizes in the same neighborhood. Although they are not mandating a mix of housing types, she is trying to create some incentives to encourage the mixed development. Mr. Reuwsaat suggested that no recommendation be made until there has been staff interaction with Council members and the Planning and Zoning Commissioners. Mayor Honea said that he is a big lot size person and that smaller lots do not mean less expensive; it usually just means an expensive house on a smaller lot and is not the answer to affordable housing. He suggested there should be incentive for small lots to get the housing cheaper. Ms. Berlin said that when talking about mixed lot sizes sometimes it is requiring larger lots also. Ms. Axelrad said there are also small lot subdivisions that are on large lot developments. Controlling the size of districts to less than 25 acres, setting aside common open space, watching the lot coverage and spacing can help make the housing more affordable. Ms. Axelrad said the code needs to follow state law, which requires and mandates a neighborhood meeting prior to the public hearing for rezoning. She suggested that Marana even hold the neighborhood meetings before the formal application is submitted; this is to give the most effective voice to the neighboring homeowners and gives the developer an opportunity to make suggested changes. It is the applicant's responsibility to facilitate the meeting and to report the outcome of the meeting with the application submission. Ms. Berlin said having a code that is easier to understand and a clearer process will help increase customer service. She encouraged the Council to send her their comments and questions. Mr. Reuwsaat reiterated that if the Council had written comments regarding the material received, to forward them on to staff. He also encouraged Council members with concerns to meet with Ms. Berlin or staff prior to the consultant putting the document together. F. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Council voted unanimously to adjourn. The time was 8:14 p.m. MINUTES OF SPECIAL COUNCIL MEETING MARANA MUNICIPAL COMPLEX JULY 11,2006 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 11, 2006. I further certify that a quorum was present. """,",,,,,, ~'..\. OF ~~ $'~~\\""'''''~ ~ sO~ ~ :: ~ ICORPO~rt ~ -:: 00r0 - - - - - ~ SEAL;;: - ~ \ -~;: ~ ~ ~~:!j ~ -:f !:'I,...\\\!", *' ~'iIZ 1ql'~ ~/I"Il'\\~