HomeMy WebLinkAboutOrdinance 2010.15 Amending title 3 of the land development code relating to significant land use changec
F. ANN RODRIGUEZ, RECORDER DOCKET: 13891
RECORDED BY: K_O PAGE: 926
DEPUTY RECORDER ~y°F ~I~q ~ NO . OF PAGES : 2
. 1861 PE-4 ~~ ~,~0 SEQUENCE: 20101750254
SMARA w~ ~ ~I*z 09/10/2010
TOWN OF MARANA ~~~ ~ `~.b ORDIN 16:01
TOWN CLERK `9RIZO~Q'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2010.15
RELATING TO LAND DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT
CODE TITLE 3 (DEFINITIONS) AND TITLE 5 (ZONING) RELATING TO SIGNIFICANT
LAND USE CHANGE AND ZONES A-F; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Marana Land Development Code includes, from Marana's original
zoning regulations, Zones A-E and definitions and provisions relating to significant land use
changes in Zones A-E; and
WHEREAS the Marana Land Development Code now includes Zone F and a separate
"Specific Plans" zone, both of which address and accommodate specific plans; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance, which revise, modernize, simplify, and eliminate inconsistencies in
the Marana Land Development Code definitions and provisions relating to significant land use
changes and Zones A-F, are in the best interests of the Town of Marana and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Land Development Code Title 3 (Definitions)
and Title 5 (Zoning) relating to Significant Land Use Change and Zones A-F, three copies of
which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were
made a public record by and attached as Exhibit A to Resolution No. 2010-84 of the Town of
Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set
out here.
SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and 4~
proceedings that were begun before the effective date of the repeal. '"
SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this I~~
ordinance.
~;
SECTION 4. This ordinance is effective on October 8, 2010.
Marana Ordinance 2010.15 - 1 - {00022098.DOC /}
~„
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of September, 2010.
ATTEST:
~~G-~Zo~'C--
elyn C. onson, Town Clerk
APPROVED AS TO FORM:
y, Town
Mayor d Honea
IP~j
s:
Marana Ordinance 2010.15 - 2 -
{00022098.DOC /}
MARANA RESOLUTION N0.2010-84
RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO MARANA
LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS) AND TITLE 5 (ZONING)
RELATING TO SIGNIFICANT LAND USE CHANGE AND ZONES A-F AS A PUBLIC
RECORD FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 3
Definitions) and Title 5 (Zoning) relating to Significant Land Use Change, a copy of which is
attached to and incorporated in this resolution as Exhibit A and three copies of which are on file
in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain
on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA. ARIZONA. this 7th day of September, 2010. ~
C,
2. ~ ~'--~-~---
Mayor E H nea
ATTEST:
ocel .Bronson, Town Clerk
APPROV AS TO FORM:
f
r" ~~~~
F nk C s' y, Town Attory~
ooo2i92a.ooc i}
EXHIBIT A
Resolution No. 2010-84
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Defuutions) and Title 5 (Zoning)
relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
SECTION 1. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by deleting the definitions of "Lot, Large," "Lot, Medium Size," and "Lot, Small" from
Section 03.12 (Definitions "L"), and deleting the definition of "Similar Land Use" from
Section 03.19 (Definitions "S").
SECTION 2. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by adding the definition of "Enterprise Density" to Section 03.05 (Definitions "E"), as
follows:
Enterprise Density: A measure of the intensity of the enterprise on the parcel of
property approved for the Significant Land Use Change; for example:
The square footage of building space for retail, transient lodging,
or office uses.
2. The number of occupants for occupancy-based enterprises, such
as prisons, group homes, day care, and kennels.
3. .The square footage of land area used for an industrial use.
SECTION 3. Title 3 (Definitions) of the Marana Land Development Code is hereby
amended by revising the definitions of "Enterprise," "Nearby Land," and "Significant Change in
Land Use" in Section 03.05 (Definitions "E"), Section 03.14 (Definitions "N"), and
Section 03.19 (Definitions "S"), respectively, as follows (with deletions shown with e~
and additions shown with double Lnderlini_n~):
Enterprise: An individual or organization engaged in a single type of businesst
ia. ~~ or governmental activity as classified and defined by the
sector number of the most recently published North American Industry
lassification System (NAICSI as established by the United Stat .s Census
Bureau
level.
Nearby Land: For p~Jrposes of Sianificant Land Use Chance notice and protes
requirements applicable in zones A-~1=, land lying within done-quarter of a mile
of a proposed Sianificant Land Use Chance on a smaN-lot_containina 2.5 acres or
l~,wit#in-- b~, one-half mile of a orooosed Sianificant Land Use Chance on
lot containing more than 2 5 acres but less than 25 acres, a~
w~one mile of a orooosed Sianificant Land Use Chance on a lame--lot
containing 25 acres or more.
Significant Slaa~e-ie--Land Use Chance: Fe~er~es--/~~aAny change in land
use in zones A-E that will: (1) more than double the number of residential units
easelaeld-or enterprise density of the land in question within one year; or
2) change the nature of the activity on the land from residential (including renter
occupied housing) to non-residential; or (3) change the nature of any business,
industrial, or quasi-public use of the land (including agriculture use) to any use
that would fall in a different ree-digit subsector number of the most rec ntly
published North American Industry Classification Svstem (NAICSI a establishe
by the United States Census Bureau
00021769.DOC / 2} - 1 - 7/13/2010 1:29 PM FJC
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Defmitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
or (4) be reasonably
expected to equal or exceed the capacity or structural integrity
ese-of nearby streets or other public facilities-~wtflirl-ene~}ear. Netwit#stan~g;
Cede:
SECTION 4. Section 05.01 (Establishment of Zones) of the Marana Land Development
Code is hereby revised as follows (with deletions shown with st~eel~ts and additions shown
with double underlining):
05.01 Establishment of Zones
Zones A-Jal=, reflected in Sections 05.01.01 through 05.02.0 z6, and the
procedures relating to these zones, found in Sections 05.03.01a through
05.9~O~a inclusive, apply only to those lands so zoned. The zones found in
Sections 05.10 through 05.12, and the procedures relating to those zones found
in Sections 05.20 et. seq. apply to all lands so zoned.
SECTION 5. The title of Section 05.01.01 (Zones A-F Established) is hereby changed to
Zones A-E Established."
SECTION 6. Section 05.01.02 of the Land Development Code is hereby deleted as
codified language; however, nothing in this section shall affect or change the zoning of the lands
identified in now-deleted Section 05.01.02 of the Land Development Code. The title of Section
05.01.02 shall be shown as "[RESERVED]."
SECTION 7. Section 05.02 (Regulations Within Zones A-F) of the Marana Land
Development Code, and Sections 05.02.01 through 05,02.06 appearing within Section 05.02, are
hereby revised as follows (with deletions shown with ~s and additions shown with double
underlinins?):
05.02 Regulations Within Zones A-E€
05.02.01 Zone A -Small Lot Zone
A. Permitted Uses. Within Zone A, residential, commercial, industrial, and
quasi-public land uses shall be permitted so long as each such land use
is conducted on a lot no larger than 2.5 acres and is consistent with the
Significant Land Use Change procedure described in Section 05.03. of
this Code. This is not, however, to be construed to permit any land use
that may be specifically prohibited within the Town of Marana by this or
any other Ordinance of the Town of Marana or by State or Federal law.
B. Density Requirements. There shall be no maximum density of land use
per se, except that density of land use on any parcel of land within Zone
A shall be determined in part by prior density of land use in accordance
00021769.DOC / 2} - 2 - 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
with the provisions for Significant Land Use Change contained in Section
05.03 of this Code and by setback requirements defined in this and other
titles of this Code or as may be determined by other aRplicable federal.
s +h n n,,.,.,rtm .,+ „f ud~i+h
state and local t#~e--regulations ~,--~„~, ..~.,.... ~r~ ...~.. _
C. Setbacks.
1 The required front vard (setback) shall be a minimum of 20 feet.
The required side vard (setback) shall be_a minimum of five feet.
Wlth a StrPPt RICiP Vard ~RP ) ing a minimum of ten feet
p. F3uildinn He ights Buildin gs and struc tures erected in this zone shall have
a height n ot greater t han 30 fee t.
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00021769.DOC / 2} - 3 - 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
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05.02.02 Zone B -Medium Lot Zone
A. Permitted Uses. Within Zone B, any residential, commercial, industrial, or
quasi-public land use is permitted so long as each separate land use is
conducted on a lot larger than 2.5 acres but no larger than 25 acres and
is consistent with the Significant Land Use Change Procedure described
in Section 05.03 of this Code. This is not to be construed, however, to
permit any land use that may be expressly prohibited within the Town of
Marana by other ordinances of the Town of Marana, by other provisions
of this code, or by state or federal law.
B. Density Requirements. There shall be no maximum density of land use
per se in this Zone, except as may be dictated by prior density of land use
in accordance with the Significant Land Use Change Procedure described
in Section 05.03 of this Code and by setback requirements defined
elsewhere in this Code.
00021769.DOC / 2} - 4 - 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Defuutions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
C. Setbacks. The setback requirements for
Zone A. ,
setlaaelc~
05.02.03 Zone C -Large Lot Zone
A. Permitted Uses. Within Zone C, any residential, commercial, industrial, or
quasi-public land use shall be permitted, so long as each separate activity
is conducted on a lot no smaller than 25 acres and is otherwise consistent
with the Significant Land Use Change procedures as described in Section
05.03 of this Code. This is not to be construed, however, to permit any
land use that may be expressly prohibited within the Town of Marana by
other sections of this Code other ordinances of the Town of Marana, or
state or federal law.
B. Density Requirements. The maximum density allowed shall be one
dwelling unit or one commercial, industrial, or quasi-public establishment
per 25 acres.
C. Setbacks. No building or structure, except a fence or wall that is not part
of a building and not over six (&}feet in height shall be constructed closer
than ten feet to any side ~{~ertv line or closer than #erty-{403 feet plus
one (-I}foot for each foot of building height in excess of ten (-~8}-feet
above ground level to any front or rear property line. Where a lot is
situated on the comer of two dedicated streets, each of the property lines
along the right-of-way line of a dedicated street shall be considered to be
a front property line, and each other property line shall be considered to
be a side property line in determining allowable setbacks.
05.02.04 Zone D -Designated Flood Plain Zone
The permitted uses density reauirements and setbacks are the sa me as Zone
but the n~~ty owner's attention is drawn to the fact that this is an area at
high risk of flooding and flood hazards. All uses rea 'oodolain us e Hermit.
idera+:.,~ ~.,.,,~D r sARZtd~o,~e ses.e T,o-en
00021769.DOC / 2} - 5 - 7/1/20!0 5:39 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Defmitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
05.02.05 Zone E -Transportation Corridor Zone
A. Permitted Uses. Within Zone E, no residential land use shall be permitted
pxceot one single-family residence. Any commercial, industrial, or quasi-
public land use shall be permitted which is consistent in its location with
the land use element of the General Plan of the Town of Marana and the
Significant Land Use Change Procedure described in Section 05.03. of
this Code. This is not to be construed, however, to permit any land use
that may be expressly prohibited within the Town of Marana by other
sections of this Code, by other ordinances of the Town of Marana, or by
state or federal law.
B. Density Requirements. There shall be no maximum or minimum density
requirements in Zone E, except as may be required by the setback
requirements of this Code or by other applicable feder~ state and local
regulations
6et~y.
C. Setbacks. The setback requirements for Zone E shall be the same as for
Zone A.
SECTION 8. Section 05.03 (Significant Land Use Change) of the Marana Land
Development Code, and Sections 05.03.01 through 05.03.06 appearing within Section 05.03, are
hereby revised as follows (with deletions shown with ~s and additions shown with double
underlining):
05.03 Significant Land Use Change (Applies only to Zones A-Eli)
The intent and purpose of this section is to establish a procedure for requesting
and processing a Significant Land Use Change for property in Zones A, B, C, D,
and E-ate-€. A land use change allowed as provided in this section shall be
granted to the applicant owner or lessee ("aoolicant") and shall run with the
1~.]r ~be~sfex ~~_ ~..!_=s-ins-c~ig„aied~s;,~,-t,=~fcf~ble ~~-the-e€
00021769.DOC / 2} - 6 - 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION NO. 2010-84
Amendments to Marana Land Development Code Title 3 (Defmitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
issue. If the a{~plisa^+ ^ ' ~+ ^+ ^^^f^-m +^ +~° cianificant Ltand
ese ~shange is not implemented within one year, the Town Council mav, after
15 davs' notice to the landowner Land fuse ~ehange-mill-be
05.03.01 Notification of Intended Land Use Change
Upon submission of any application for
laedo..,,er-o,--;~$ ~~~^~~^^ +^ a Significant Land Use Chance. the Town
of-t#+s-cede;-shall give notice of the desired use -by first class mail in
writing >~those persons identified as having a fee title property interest in all
Nearbv Lan .
the Marana Town
Clerk, and the individual members of the Marana Town Council and Marana
Planning Commissio
ti^ a^+^ ^f+ti^ ^,^":^^. All letters of notification shall include the
following:
1. +R e-tee;:-yeas-enema Q'~ ~ '''' ~^^~ location map showing ~
street address. the lot or parcels and the immediately adjacent
uses,
2. aR-o;4~ 1~n scaled;-~iaaeNSie~ site plan showing lot
dimensions, lot area, setbacks, existing and proposed buildings,
mebiles, building height, parking and loading areas and
driveways, septic systems and walls or fences. ~^~ ^^ °v~°+~^^
t•
3. a complete description of the proposed use and it~+t'e-operation,
number of employees, see~lete--li ,t-~~em~~eagd~etl}
and automobile and truck traffic volume
estimates,
4. a statement that these--persons may
protest the proposed Significant Lfand ~~se ~shange in writing to
the Town Clerk within 35 calendar days of the date of the letter of
notification ,
00021769.DOC / 2} - ~ - 7/1/2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
05.03.02 Protest
If a mPmhPr ref the Town Council or Planning Comm~~~~n^ Who does not have a
ir.+nrnct ae rlafinnri .n ari~nna Revised Statutes section 38-502 or rf
any fee title owners of areal property +rtterest-14~.t.~immediately adjacent to the
lot or parcel for which a significant Ltand ~t+se change has been proposed, or
if ~~-tfaa+~-251~.-of the owners of Ll+~earby ~n~
Geansil protests the proposed Significant Lland Slase ~shange in writing to the
Town Clerk within 35 calendar days of the date of the notification letter-ef
then the Town Clerk shall nofifv the aoolicant in
writino within five calendar davs after receipt of the protest and the
shall +~s~proceed per 05.03.03 of
this Code. If none of the above situations occur or if the protest is withdraw
within the 35-dav oeti~d, the ~anificant Land ~Jse Change is annroved._subiect
to anv other requirements imnnsPd nn the proposed use' ~' ^' '^c..°~
05.03.03 Response to Protest
cfi of the ~~ c cafi forth .n n5 n3 n~ of this Code.If the Town Clerk re^^~~•°~ a oro.e t
the applicant shall #+a~re-aa
present rebuttal to the said
protests before the Planning Commission at a public hearing that shall be
scheduled as cnnn as practicable
after rt' ~ -L~~e-e~+ratie+~-e~the protest
peried.
05 03 04 Notice of Public Hearing
Notice of the time and place of kli~t#~hearing before the Planning
commission or Town Council, including a general description of the matter to be
considered as well as a description of the parcel for which a ~janificant Land Use
shange has been proposed shall
be given at least €+#eew~15) calendar days prior to the hearing by first class mail
o each person identified as having a_feP title ~ronertv interest in the Nearbv
Land~and by publication at least once in a
newspaper of general circulation published or circulated within the Town of
Marana,
00021769.DOC / 2) - 8 - 7/U2010 5:39 PM
EXHIBIT A TO MARANA RESOLUTION N0.2010-84
Amendments to Marana Land Development Code Title 3 (Definitions) and Title 5
Zoning) relating to Significant Land Use Change (SLUG) and Zones A-F
adopted pursuant to Marana Ordinance No. 2010.15
05.03.04 Decision by the Planning Commission
The Planning Commission shall
weigh the merits of the proposed
Significant Land fuse ~shange and either approve the land use change or deny
such approval, or grant approval based on any reasonable adjustment or
compromise that is acceptable to both the~p~~~e
and the majority of the Planning Commission. Tkle
Where ttMer~ty-€+ve
erse1~2,5%° or more of the wners of the Nearbv Land
have protested the proposed significant Lland ~a~se ~ehange, approval of the
change must be made by athree-fourths vote of theme Planning Commission
mPmb~ present and eligible to vote.
05.03.Ofta Appeal from the Decision of the Planning Commission
The applicant. ~
p~ember (or members) of the Town Council who submi
under 05.03.02. the fee title owner. (o_r owners) of adjacent .real property who
submitted a written protest under 05 03 02 or ^^•• ^^° -^•f t!'° ?~% of the owners
f n~e~rh~i I and who submitted a wntten p~~tPSt under 05.03.02 gay-Feserded
ay appeal 1;ne aecision of the
Planning Commission to the Town Council. Such appeal must be made in writing
to the Town Clerk within five (}working days of the rendering of the decision by
the Planning Commission. When such a notice of appeal has been submitted to
the Town Clerk, it will be brought as a public hearing before the Town Council at
The Town Council tray--~h~1.L_then confirm or modify or
reverse the decision of the Planning Commission. ~^lhere 25% or more of the
owners of the
Chance an approval of the chance must be made by a three-tourtns vote of
lro~P Town Council members present and PLaible to vote.
SECTION 9.
Specific Plans."
00021769.DOC / 2}
The title of Section 05.06 (Specific Plans) is hereby changed to "Zone F -
9 _ 7/1/2010 5:39 PM