HomeMy WebLinkAbout11-02-1999 Blue Sheet Ina Road Silverbell RezoneTOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: November 2, 1998
AGENDA ITEM: X. A
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Public Hearing Ordinance No. 99.26 — Consideration of approval of a request
to rezone approximately 140 acres located north of Ina on either side of
Silverbell Road from "C — Large Lot Zone" and "A — Small Lot Zone" to "R -6"
(Single Family Residential, minimum lot size 6,000 sq. ft.), "R -7" (Single Family
Residential, minimum lot size 7,000 sq. ft.), "R -8" (Single Family Residential,
minimum lot size 8,000 sq. ft.), "R -36" (Single Family Residential, minimum lot
size 36,000 sq. ft.) and "NC" (Neighborhood Commercial), Assessor's Parcel
Numbers 226- 27 -009F, 226- 33 -009B, and 226- 33 -009C, located in a portion of
Section 35, Township 12 South, Range 12 East. The Applicant is Jersey
Properties Co., LLC, P.O. Box 31748, Tucson, AZ 85751.
DISCUSSION: This rezone request was resented before the Planning and Zoning Commission in a
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public hearing on June 30, 1999. After discussion, the Commission voted to
recommend denial of the request to the Council by a unanimous vote.
The applicant is requesting approval of the rezoning of approximately 140 acres of
vacant land located north of Ina Road on either side of Silverbell Road. The property
is currently zoned "C — Large Lot Zone" on the west side of Silverbell and "A —
Small Lot Zone" on the east side of Silverbell.
The original request, as presented to the Planning and Zoning Commission, was to
rezone the entire residential portion of the project to R -6 (Single Family Residential,
minimum lot size 6,000 sq. ft.) and the commercial corner to "VC — Village
Commercial ".
Due to the recommendation for denial from Commission and concerns from
neighbors the applicant has amended the request to reflect some areas of lower
density residential development and the commercial designation request is now "NC
— Neighborhood Commercial ".
The current rezoning request includes the following:
40.08 acres "R -6" (Single Family Residential, min. lot size 6,000 sq. ft.);
37.27 acres "R -7" (Single Family Residential, min. lot size 7,000 sq. ft.);
27.72 acres "R -8" (Single Family Residential, min. lot size 8,000 sq. ft.);
24.34 acres "R -36" (Single Family Residential, min. lot size 36,000 sq. ft.); and
3.62 acres "NC" (Neighborhood Commercial). (Please refer to the attached
map).
PLANNING /JDS /MB /10 -20- 99/11:00 AM
Staff is recommending further lowering the density on the approximately 24.34 acres
at the southwest corner of the property (abutting the large -lot residential area to the
west and the one -acre lot subdivision to the south, currently showing the R -36
designation on the Tentative Development Plan Map). Staff is recommending this
parcel be zoned R -144 (Single Family Residential, minimum lot size 144,000 sq. ft.)
in order to provide a transition from the neighboring properties.
The proposed use of the subject property is single- family residential, which includes
approximately 31.3 acres of open space, and neighborhood commercial uses on the
3.62 -acre corner parcel. The attached Site Analysis includes a concept plan for the
proposed project. The applicant will be dedicating Parcel B, the approximately 25
acres east of Silverbell Road, to the Town for a Regional Park site. The applicant
has proposed to limit the total allowable dwelling units to 285. Site access will be
directly off both Silverbell Road and Ina Road.
Development on this property is subject to the Town's Native Plant Provisions. This
site is outside the cactus ferruginous pygmy -owl Critical Habitat, however, the
parcel may provide suitable vegetation for owl habitat. A cactus ferruginous pygmy -
owl survey was conducted on the site by Thomas Olsen Associates, Inc. following
the protocol prepared by the U.S. Fish and Wildlife Service. No CFPO responses
were heard and no CFPO were sighted during the survey
Staff has received numerous letters and phone calls of opposition on the project
primarily from residents of the neighboring lower density parcels to the west and
south. A large number of these residents attended the June 30th Planning and
Zoning Commission meeting to express their opposition. Concerns expressed center
on traffic and the intensity of the proposed development, particularly in contrast to
neighboring 3.3+ acre lots to the west.
Chapter 10.04 of the Town's Land Development Code states that if the owners of
twenty percent or more of those immediately adjacent or any side thereto extending
one hundred and fifty feet file a protest in writing against the change, the zoning
shall become effective only by the favorable vote of three - fourths of members
present and voting and not less than four (4) favorable votes.
More than 20% of the immediately adjacent property owners to the west (two of the
seven parcel owners) have filed a written protest triggering this requirement for a
super - majority vote in favor of the rezoning for approval.
Staff is recommending approval subject to the further reduction in density on the
southwest corner mentioned above and as conditioned below. This property is
within a growing residential corridor and will provide a buffer between the
commercial and apartment sites to the north in Continental Ranch and the
surrounding lower density residential areas.
RECOMMENDATION:
The Planning Commission unanimously recommends denial per the original request reflecting the
higher intensity layout.
PLANNING /JDS /MB /10 -20- 99/11:00 AM
Staff recommends approval of the rezone request as modified herein and subject to the following
conditions:
1. The approximately 24.34 acres at the southwest corner of the project, currently designated "R-
36 on the Tentative Development Plan Map, be zoned R -144 (Single Family Residential,
minimum lot size 144,000 sq. ft.).
2. If at the expiration of three (3) years from the effective date of this Ordinance a Final Plat or
Development Plan has not been submitted for approval then the zoning thereon shall
automatically revert to the previous designations without further legislative action. Pursuant to
A.R.S. Section 9- 462.01(D).
3. Dedication of Parcel B (the approximately 25 acres east of Silverbell Road) to the Town for a
regional park site.
4. Approval of an archaeological survey and mitigation plan by the Arizona State Museum prior
to approval of a final plat.
5. A detailed Traffic Impact Analysis meeting the requirements of the Traffic Impact Analysis for
Proposed Development, Arizona Department of Transportation, Highways Division, Traffic
Engineering Section, shall be required prior to acceptance of a Preliminary Plat or
Development Plan. All traffic counts to be provided in the TIA shall be current, up to date
numbers.
6. Improve Silverbell Road to include left turn plus acceleration/deceleration lanes at each access
intersection.
7. Access to Ina Road will require improvements to Ina Road with left turn bay and
acceleration/deceleration lanes at each street intersection.
8. Dedication of additional Silverbell Road right -of -way to 75 -feet 1 /2 right -of -way along all
frontages with a design speed of 50 mph.
9. Dedication of additional Ina Road right -of -way to 75 -feet 1 /2 right -of -way.
10. A master Grading and Drainage Plan will be required prior to the acceptance of the Preliminary
Plat or Development Plan. Each Plat or Development Plan shall be subject to the following
requirements:
(a) If phasing of the development is anticipated, Phasing Limits shall be included.
(b) A complete Hydrologic and Hydraulic Analysis including water surface modeling will
be required for review and acceptance prior to acceptance of Preliminary Plat or
Development Plan for all water courses having a Q, exceeding 100 cfs.
(c) Any encroachment into the FEMA floodplain of the unnamed wash and Yuma Mine
Wash, if accepted by the Town of Marana and FEMA, must be followed with a letter
of map revision.
(d) All surface flows reaching Silverbell Road shall be conveyed beneath Silverbell Road
up to the Q, storm.
(e) The applicant shall provide a combined equestrian and drainage crossing of Silverbell
Road at the Yuma Mine Wash subject to the approval of the Planning Director and
Public Works Director.
PLANNING /JDS /MB /10 -20- 99/11:00 AM
(f) Any on -site detention/retention basin storage areas will remain private and maintained
by the homeowner association.
(g) Dedication of additional drainage easements along Silverbell Road as identified within
the approved Drainage Report on the Final Plat.
11. The applicant shall contribute 25% of the cost of signalizing the intersection of Ina Road and
Silverbell Road. Contribution to be paid at the time of the approval of the first Development
Plan or Preliminary Plat.
12. Subdivisions fronting on Ina Road shall include a 25' bufferyard landscaped to Pima County
bufferyard "D" standards.
13. Construct or contribute the cost of a sidewalk along the entire frontage of both Silverbell and
Ina Roads.
14. The developer shall be subject to any future Transportation Impact Fee adopted by the Town.
Transportation and drainage improvements provided by the developer would be credited
towards these fees, as approved by the Town Public Works Director.
SUGGESTED MOTION: I move to approve Ordinance No. 99.26.
PLANNING /JDS /MB /10 -20- 99/11:00 AM