HomeMy WebLinkAbout12/19/2006 Blue Sheet Dove Shadows Rezoning
MEETING DATE:
December 19,2006
AGENDA ITEM:
J.6
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2006.36: Relating to
Development; approving and authorizing a rezoning for Dove
Shadows Estates.
DISCUSSION
HISTORY
The Planning Commission considered this request at its regular monthly meeting November 15,
2006 and voted unanimously to recommend approval to the Mayor and Town Council.
The proposal is comprised of two contiguous parcels that were annexed into the Town as part of
the Section 26 Annexation (Ordinance No. 2001.21). All properties within the Section 26
annexation received translational zoning of "AG" (Agricultural).
REZONING REOUEST
David Williams & Associates, on behalf of the property owners, requests approval for a change
in zoning from "AG" (Agriculture) to "R-80" (Single Family Residential, 80,000 square foot
minimum lot size) on approximately 15 acres to develop a 7-lot single family residential
subdivision. This site is generally located % mile north of Moore Road and east of Tortolita
Road just west of Dove Mountain Road.
The property is bordered by "AG" and "R-36" (Single Family Residential, minimum 36,000
square foot lots) to the north, "AG" to the west, "R-8" (Single Family Residential, minimum
8,000 square foot lots) to the south, and "c" (Large Lot Zone) to the east.
GENERAL PLAN
The Future Development Plan in the General Plan designates th~ area as Rural Density
Residential (RDR, 0.0 - 0.5 DU/ AC). The proposed "R-80" zoning would meet the intent and
density requirements for the RDR land use designation.
TRAFFIC AND CIRCULATION
Access will be provided off Moore Road then, by way of Tortolita Road, to a 330-foot existing
access easement. The on-site circulation will be served by a private hammerhead street designed
to Town Standards.
121906 PCZ-06070 Dove Shadows Estates IC
121906 PCZ-06070 Dove Shadows Estates TC
ENVIRONMENT/OPEN SPACE
After consulting with staff the applicant proposed a maximum of 30% site distrubance,
consistent with much of the planned development in the area. The tentative development plan
shows a total proposed disturbed area of 28% which, includes the seven lots, the private street
and on-site utility easements.
CITIZEN PARTICIPATION
A public notice for the hearing was published in the newspaper as well as posted at various
locations around the Town. In addition, public hearing notification letters were sent to all
owners of properties within 300 feet of the site. The applicant also mailed notices to neighboring
property owners on November 1,2006 regarding the application for rezoning. To date, staff has
not received any comments to the proposal via phone or mail, nor did anyone comment during
the public hearing before the Planning.Commission.
ATTACHMENTS
Application, site analysis and location map.
RECOMMENDATION
Staff recommends conditional approval of the Dove Shadows Estates rezoning. Staff has
reviewed the application for compliance with the Marana Land Development Code and finds it
consistent with the goals and policies Marana General Plan. This rezoning is in conformance
with all required development regulations.
RECOMMENDED CONDITION OF APPROVAL
1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General
Plan current at the time of development including, but not limited to, requirements for public
improvements.
2. The property shall be annexed into the Northwest Fire District prior to approval of the final
plat.
3. Improvements to Tortolita Road are required by the developer of Hidden Springs from the
point at which the current improvements end to the beginning of Chavez Ridge Place. These
improvements must be completed prior to building permit issuance for Dove Shadows
Estates. Dove Shadows Estates may construct these improvements themselves to suit their
schedule.
4. The developer for Dove Shadows Estates shall construct the 330-foot east-west lateral access
off Tortolita Road. These improvements shall be made in a manner acceptable to the Town
Engineer.
5. The preliminary plat shall be in substantial conformance with the tentative development plan.
6. Archaeological surface inspection shall be conducted and must have clearance prior to any
ground disturbing activities.
7. The subject rezoning site shall be limited to a maximum of seven lots. The project's gross
site disturbance shall not exceed 30%.
8. This project is located within the Marana Parks and Recreational Benefit Area and will be
-2-
-3-
subject to those fees at time of permitting.
9. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and regulations,
including the Endangered Species Act and the Clean Water Act. Appropriate experts should
be retained and appropriate federal and state agencies should be consulted to determine any
action necessary to assure compliance with applicable laws and regulations.
10. Covenants, codes and restrictions will be established for this project with a homeowner's
association established to manage the open space areas, private streets and any undeveloped
areas and submitted with the final plat.
11. Prior to site disturbance, a Native Plant Permit (waiver not acceptable) shall be required for
the project infrastructure and for each lot, prior to issuance of a building permit.
SUGGESTED MOTION
I move to approve Ordinance 2006.36.
121906 PCZ-06070 Dove Shadows Estates IC
MARANA ORDINANCE NO. 2006.36
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING
FOR DOVE SHADOWS ESTATES.
WHEREAS, Pam Helmandollar and Roy Helmandollar are the property owners of
approximately 15 acres located one-quarter mile north of Moore Road and East of Tortolita Road in
a portion of Section 26, Township 12 south, Range 11 east as described on Exhibit "A", attached
hereto; and,
WHEREAS, the Marana Planning Commission held a public hearing on November 15,2006,
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, staffand
members of the public at the regular Town Council meeting held December 19, 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 15 acres ofland as described below is located one-quarter
mile north of Moore Road and East of Tortolita Road complies with the General Plan.
Section 2. The rezoning area is hereby changed from "AG" (Agriculture) to "R-80" (single family
residential 80,000 square foot minimum lot area) on the 15 acres of land located one-quarter mile
north of Moore Road and East of Tortolita Road.
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 of the Town of Marana Land Development Code
(but which shall not cause a reversion of this rezoning ordinance):
1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General
Plan current at the time of development including, but not limited to, requirements for public
improvements.
2. The property shall be annexed into the Northwest Fire District prior to approval ofthe final plat.
3. Improvements to T ortolita Road are required by the developer of Hidden Springs from the point
at which the current improvements end to the beginning of Chavez Ridge Place. These
improvements must be completed prior to building permit issuance for Dove Shadows Estates.
Dove Shadows Estates may construct these improvements themselves to suit their schedule.
Mayor Ed Honea
4. The developer for Dove Shadows Estates shall construct the 330-foot east-west lateral access off
Tortolita Road. These improvements shall be made in a manner acceptable to the Town
Engineer.
5. The preliminary plat shall be in substantial conformance with the tentative development plan.
6. Archaeological surface inspection shall be conducted and must have clearance prior to any
ground disturbing activities.
7. The subject rezoning site shall be limited to a maximum of seven lots. The project's gross site
disturbance shall not exceed 30%.
8. This project is located within the Marana Parks and Recreational Benefit Area and will be
subject to those fees at time of permitting.
9. No approval, permit or authorization by the Town of Marana authorizes violation of any federal
or state law or regulation or relieves the applicant or the land owner from responsibility to ensure
compliance with all applicable federal and state laws and regulations, including the Endangered
Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate
federal and state agencies should be consulted to determine any action necessary to assure
compliance with applicable laws and regulations.
10. Covenants, codes and restrictions will be established for this project with a homeowner's
association established to manage the open space areas, private streets and any undeveloped
areas and submitted with the final plat.
11. Prior to site disturbance, a Native Plant Permit (waiver not acceptable) shall be required for the
project infrastructure and for each lot, prior to issuance of a building 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 of this Ordinance are hereby
repealed, as of the effective date of Ordinance No. 2006.36.
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 of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
19th day of December, 2006.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Owners:
Pam and Roy Helmandollar
P.O. Box 69003
Tucso~ AZ 85737
Consultant! Agent:
97-8426
5 79
520-360-5790
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Classified
Advertising
Invoice
Territorial Newspapers, Inc.
THE DAILY TERRITORIAL
POB 27087 - Tucson, AZ 85726
13
Phone: (520) 294-1200
Fax: (520) 295-4076
U R L: http://www.azbiz.com/dai Iy-territorial/
Town of Marana Dev. Svcs. Ctr.
Attn: Jana Camp
11555 W. Civic Center Dr.
Marana , AZ 85653
Cust #:
Phone
Date:
Due Date:
Invoice #:
4101726
(520) 382-2600
1 2/04/2006
01/03/2007
32706
t
Salesperson: Ad Taker: JM
Ad# Start Stop Publication Oeser Amount I
00020879 12/04/2006 12/04/2006 01 The Daily Territorial 12/4 hrpcz-06070 25.89
00020879 12/04/2006 12/04/2006 01 The Daily Territorial Aff of Publication 4.50
Please return a copy with payment
Total Due
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AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA
COUNTY OF PIMA
55.
Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal
Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
NOTICE OF HEARING
REZONING
NO. PCZ-06070
DOVE SHADOWS ESTATES
\
was printed and published correctly in the regular and entire issue of said THE DAILY
TERRITORIAL for 1 issues; that was first made on the 4th day of December 2006
and the last publication thereof was made on the 4th day of December 2006;
that said publication was made on each of the fol/owing dates, to-wit:
12/04/06
at the Request of:
Town of Marana Dev. Svcs. Ctr.
\
"-L ,~t~al Advertising Manager
nd SW~-rrtD"b~fo~e ~ his . th day of December 20~~ .
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PUBLIC HEARING NOTICE"
REZONING
The Marana Town Council wl!1 hold a
public heanng on December 19, 2006 at
or after 7:00 p.m. In the Mayor and
Council Chambers, Marana Municipal
Comolex, 11555 W. Civic Center Drive,
Marana. Arizona, to consider th-3 to!:-:-w.'-
Ing:
A request by the OrOpGly owners to
rezone approximately 15 acres of
land from "AG" (Agricuiture) to "R-SO"
(Srngle Family Residential SO,OOO
square foot minimum lot size) to allow
tor a seven lot subdivision. The prop-
erty is generally located 3/. mile
north of Moore Road on the west side
of Tortolita Road. Marana File Num-
ber PCZ -06070
For information regarding this mattei
call the Town of Marana Planning De-
partment
at (520) 382-2600.
DOVE SHADOWS ESTATES
REZONING
Case No. PCZ-D6070
REQUEST
A request to rezone 15 acres of "AG"
(Agriculture) to "R-SO" (mlnimun SO,OOO
square foot lot size).
PUBLISH: The Dally Territorial
December 4, 2006
hrpcz-D6070 j.m
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'Ii
AFFIDAVIT OF PUBLICATION
STATE OF ARIZONA
COUNTY OF PIMA
ss.
Audrey Smith, being first duly sworn, deposes and says that (s)he is the legal
Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and
published in the County of Pima, State of Arizona, and of general circulation in the City of
Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached:
PUBLIC NOTICE
MARANA ORDINANCE NO. 2006.36
was printed and published correctly in the regular and entire issue of said THE DAilY
TERRITORIAL for 4 issues; that was first made on the 26th day of December 2006
and the last publication thereof was made on the 29th day of December 2006 ;
that said publication was made on each of the following dates, to-wit:
12/26/06
12/27/06
12/28/06
12/29/06
at the Request of:
Town of Marana, Clerk's Office
,")
ry - Public in and for the County of Pima, State of Arizona
JM1'!iE C IM\WS
I\.iotii:-Y Pubiic - Ariz,)f\3
Pima CourolV
Expires 02/04/08
My commission expires:
I)-~~\._{ ~q
PUBLIC NOTICE
MARANA ORDINANCE NO. 2006.36
RELATING TO DEVELOPMENT; AP-
PROVING AND AUTHORIZING A RE-
ZONING FOR DOVE SHADOWS ES-
TATES.
WHEREAS, Pam Helmandollar and
Roy Helmandollar are the property own-
ers of approximately 15 acres located
one-quarter mile north of Moore Road
and East of Tortollta Road in a portion
of Section 26, Township 12 south,
Range 11 east as described on Exhibll
"A". attached hereto; and,
WHEREAS, the Marana Planning Com-
mission held a public hearing on No-
vember 15, 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 December 19, 2006, and has de-
termined that the rezoning should be
approved.
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Council of the Town
of Marana, Arizona, as follows:
Section 1. The rezoning of approxi-
mately 15 acres of land as described
below is located one-quarter mile north
of Moore Road and East of Tortollla
Road complies wllh the General Plan.
Section 2, The rezoning area is hereby
changed from "AG" (Agriculture) to
"R-80" (singie family residential 80,000
square foot minimum lot area) on the 15
acres of land located one-quarter mile
north of Moore Road and East of Tor-
tollla Road .
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 fol-
lowing condllions, the violation of which
shall be treated in the same manner as
a violation of the Town of Marana Land
Development Code (but which shall not
cause a reversion of 1his rezoning ordi-
nance):
1. Compliance with all provisions of
Towns Codes, Ordinances, and policies
of the General Plan current at the time
of development including, but not lim-
Ited to, requirements lor public improve-
ments.
2. The property shall be annexed into
the Northwest Fire District prior to ap-
proval of the final plat.
3. improvements to Tortollla Road are
required by the developer of Hidden
Springs from the point at which the cur-
rent improvements end to the beginning
of Chavez Ridge Place. These im-
provements must be completed prior to
building permit issuance for Dove Shad-
ows Estates. Dove Shadows Estates
may construct these improvements
themselves to sull their scheduie.
4. The developer for Dove Shadows Es-
tates shall construct the 330-foot
east-west lateral access off Tortolita
Road. These improvements shall be
made in a manner acceptable to the
Town Engineer.
5. The preliminary plat shall be in sub-
stantial conformance with the tentative
development plan.
6. Archaeological surface inspection
shall be conducted and must have
clearance prior to any ground disturbing
activllies.
7. The subject rezoning site shall be
Iimlled to a maximum of seven lots. The
project's gross site disturbance shall not
exceed 30%.
8. This project is located wllhin the
Marana Parks and Recreational Benefll
Area and will be subject to those fees at
time of permitting.
9. No approval, permit or authorization
by the Town of Marana authorizes viola-
tion of any federal or state law or regu-
lallOn or reheves the applicant or the
land o~ner fro~ responsibility to ensure
comphance With all applicable federal
and state iaws and regulations, includ-
Ing the Endangered Species Act and
the Clean Water Act. Appropriate ex-
perts should be retained and appropri-
ate federal and state agencies should
be consulted to determine any action
necessary to assure compliance with
applicable laws and reguiations.
10. Covenants, codes and restrictions
will be established lor this project with a
homeowner's association established to
manage the open space areas, private
streets and any undeveloped areas and
submitted wllh the final plat.
11. Prior to slle disturbance, a Native
Plant Permit (waiver not acceptable)
shall be required for the project infra-
structure and for each lot, prior to issu-
ance of a building permit.
Section 4. All Ordinances, Resolutions
and Motions and parts of Ordinances,
Resoiutions, and Motions of the Marana
Town Council in conflict wllh the provi-
sions of this Ordinance are hereby re-
pealed, as of the effective date of Ordi-
nance No. 2006.36.
Section 5. it any section, subsection,
sentence, clause, phrase or portion of
this Ordinance is for any reason held to
be invalid or unconstitutional by the de-
cision Of any court of competent juris-
diction, such decision shall not affect
the validity of the remaining portions
hereof.
PASSED AND ADOPTED by the Mayor
and Council of the Town of Marana, Ari-
zona, this 19th day of December, 2006.
_Mayor Ed Honea ATTEST: _ Jocelyn
C. Bronson, Town Cierk APPROVED
AS TO FORM: _ Frank Cassidy, Town
Attorney
All exhiblls are on file and available for
viewing during normal business hours in
the Office of the Town Clerk, 11555 W.
Civic Center Drive, Marana, AZ., 85653.
PUBLISH: The Dally Territorial
December 26, 27, 28, 29,2006
pnord2006.36 a.s