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.
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