HomeMy WebLinkAboutCouncil Presentation 09-18-2018 Modification of Rezoning Condition Amended Ordicance 2002.18 PCM1808-001PCM1808-001: Modification of rezoning condition of Marana Amended Ordinance No. 2002.18 Brian D. Varney / Senior PlannerSeptember 18, 2018
History Hartman Hills Specific Plan approved in June 1988•Area became difficult to develop due largely to the listing of the Cactus Ferruginous Pygmy Owl as an endangered species in 1997At the request of the property owners, and with support from Town, staff initiated a rezoning of the 431‐acre specific plan to a more conventional zoning •Replace antiquated, unrealistic land uses and development standards •Remain sensitive to development constraints at the time
Rezoned Area
History Marana Town Council adopted Amended Ordinance 2002.18 on January 21, 2003•Rezoned 431 acres from “F” Hartman Hills Specific Plan to R‐36 (Single‐family residential, minimum lot size of 36,000 square feet) •Imposed a restriction of 30% overall disturbance for all properties within the rezoned area due to ‘habitat sensitivity factors’ (Cactus Ferruginous Pygmy Owl) and concern that the area was ‘very rural with little infrastructure’.
Changes Since the approval of Amended Ordinance 2002.18:•The Pygmy Owl was delisted in 2006 (removed from endangered species status)•Significant infrastructure has been developed in the area (eg. Interchange, Twin Peaks Road, water service and pending sewer line installation)•Recent rezoning activity has approved disturbance levels exceeding 50% for a number of pending developments
Rezoned Area
Staff Analysis•Recent rezoning activity has occurred in the area which has allowed disturbance limits of 40 – 50% +•Delisting of the Cactus Ferruginous Pygmy Owl has removed the critical concern regarding its potential habitat •Biological evaluation performed by Westland Resources in January 2018 ‐Numerous endangered or threatened plant and animal species determined to have ‘no potential to occur’‐Lesser Long‐Nosed Bat and Bald Eagle ‘unlikely to occur’ on the site •Typical R‐36 zoned property allowed to set aside 30% as NUOS and grade balance of site
Recommendation •The Planning Commission considered the request at its August 22, 2018 meeting and voted unanimously to recommend approval.•Staff Recommends that the Town Council approve the request for modification to Condition No. 3 of Marana Amended Ordinance 2002.18.