HomeMy WebLinkAboutCouncil Blue Sheets 10/21/2003TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. A. 1
TO:
FROM:
Mayor and Council
Brad DeSpain, Utilities Director
SUBJECT:
Resolution No. 2003-131: Agreement between Town of Marana and Centres Cortaro
L.L.C. for Construction of Water Facilities Under Private Contract.
DISCUSSION:
Centres Cortaro L.L.C. desires to install an On-Site Water Facility to provide service to a
development now known as Eckerd Drug Store. Pursuant to an Agreement between the
Town of Marana and Centres Cortaro L.L.C. the developer will construct on-site water
service facilities and then pass ownership of these facilities to the Town; the Town will
then provide water service to Eckerd Drug Store. Attached is the Town of Marana
Agreement for Construction of Water Facilities Under Private Contract. This project
cannot move forward until the Council approves the terms and conditions of the Water
Facilities Contract.
The Marana Water Utility Advisory Committee has approved and recommends the
agreement to Council for approval.
RECOMMENDATION:
The Water Utility Advisory Committee and staff recommend approval of the agreement
between the Town and Centres Cortaro L.L.C. for the construction of on-site water
facilities for Eckerd Drug Store.
SUGGESTED MOTION:
I move to approve Resolution No. 2003-131.
UTIL/CBD/AI~M 10/14/033:37 PM Resolution No. 2003-131
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. A. 2
TO:
FROM:
SUBJECT:
Mayor and Council
Roy Cuaron, Finance Director
Resolution No. 2003-136: Certifying baseline court collections for each
quarter of fiscal year 2002-2003.
DISCUSSION:
During the 2003 legislative session, the state legislature enacted HB2533 to assist
in balancing the state's fiscal woes. The bill requires cities and towns to remit to
the State Treasurer seventy five percent (75%) of all amounts received in excess
their fiscal 2002-2003 baseline court collections. Accordingly, each city and town
is required to certify their FY03 baseline court collections.
The Town's FY03 baseline, as computed by the Finance Director and Court
Administrator, is as follows:
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
$ 89,973
$ 93,834
$111,928
$105,058
Adoption of Resolution 2003-136 certifies the above figures as the Town's FY03
baseline court collections.
While staff does not expect the Town to be adversely impacted by the new
legislation during FY04, the bill clearly affects growing communities more so than
mature, stable cities and towns. Therefore, staff supports all efforts to repeal
HB2533.
RECOMMENDATION:
Staff recommends adoption of Resolution No. 2003-136, establishing the baseline court
collections for fiscal 2002-2003.
SUGGESTED MOTION:
I move to adopt Resolution No. 2003-136.
FINANCE/RC/10/14/2003/3:34 PM
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. A. 3
TO:
Mayor and Council
FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer
SUBJECT: Resolution No. 2003-133: Town of Marana Support for the Application and Designation
of the Santa Cruz Valley National Heritage Area
DISCUSSION:
The United States Congress has the authority to designate National Heritage Areas that
encompass a region where natural, cultural, historic, and recreational resources combine to
form a cohesive, nationally distinctive landscape shaped by geography and cultural traditions.
The Santa Cruz Valley forms a unique and diverse region in the southwestern United States and
encompasses a mosaic of cultures and history as well as spectacular natural, scenic, and
recreational resources that reflect a unique contribution to the collective American identity. The
history of the Town of Marana and southern Arizona has been shaped by our rich cultural
heritage and the events and places in and near the Santa Cruz Valley. The map entitled
Proposed Study Area for Santa Cruz Valley National Heritage Area shows t he 1 ocation and
types of significant sites in the proposed area.
The National Park Service is responsible for preserving nationally significant national
and cultural resources for future generations and is the lead federal agency for the application
and approval for designation of National Heritage Areas. The National Park Service is
designated to assist local governments and management entities in planning and implementing
projects that further the goals of the National Heritage Area.
This designation will increase national and international recognition of the Santa Cruz
Valley's diverse natural landscape and cultural heritage without requiring federal regulation of
private property use. It will bring together many currently separate efforts to preserve and
promote the landscapes and cultural traditions that make this region unique.
There are also many economic benefits to the Santa Cruz Valley being designated as a
National Heritage Area. This designation will potentially bring grant funding sources to
develop a feasibility study and management plan for the proposed Heritage Area. It will create a
source of federal match funding of up to $10 million for locally designated projects to preserve,
restore, develop, and promote the important heritage and ecological resources in the region. It
will also promote heritage tourism and ecotourism in southern Arizona.
There is a growing local support for a Santa Cruz Valley National Heritage Area. The
following organizations have unanimously passed resolutions of support:
Pima County Board oJ~Su?ervisors, Resolution No. 2003-88 May 13, 2003
10/15/20032:39 PM
Marana Arizona Resolution No. 2003-133
Santa Cruz County Board of Supervisors, Resolution No. 2003-18, May 27, 2003
City of Nogales, Resolution No. R2003-05-007, June 4, 2003
The following federal and state land and park managers in the area have written letters
of support:
Ann M. Rasor, Superintendent, Tumacacori National Hiostorical Park
Joe Martinez, Acting Manager, Tubac Presidio State Historic Park
Nell Donkersley, Park Manager, Catalina State Park
John McGee, Forest Supervisor, Coronado National Forest
The following local businesses and civic organizations have written letters of suppmt:
Nogales-Santa Cruz County Chamber of Commerce
Tubac Chamber of Commerce
Patagonia Area Business Association
WestWorldVision/Sonora Borderlands, Patagonia
The following non-profit organizations concerned with the preservation and
management of cultural and natural resources within the proposed National Heritage Area have
offered staff time and other help:
Center for Desert Archaeology
Santa Cruz River alliance
Sonoran Institute
Tucson Audubon Society
The Nature Conservancy
RECOMMENDATION:
Staff recommends that the Town of Marana support the application and designation of the
Santa Cruz Valley National Heritage Area.
SUGGESTED MOTION:
I move that Mayor and Council adopt Resolution No. 2003-133.
10/14/20033:35 PM
Mamna Arizona Resolution No. 2003-133
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer
SUBJECT: Resolution No. 2003-135: Public Hearing regarding the proposed abandonment of
portions of the Town of Marana public rights-of-way of Scenic Drive.
DISCUSSION:
On November 20, 2001, the Town of Marana Mayor and Council approved Ordinance 2001-
150 approving and authorizing Preannexation and Development Agreements between the Town
of Marana and LKB, L.L.C., the Town of Marana and All Creeds Brotherhood, Inc. and the
Town of Marana and the Stardance Center, L.L.C.
The Agreements between the Town of Marana and LKB, L.L.C., and the Town of Marana and
the Stardance Center, L.L.C. identified Public Improvements to be completed as soon as
reasonably possible, and at no cost or expense to Stardance and LKB. Public Improvement
number 4.3 states "Close Scenic Drive from Pima Farms Road north to the south boundary of
Moonrise Ranch and from Saguaro National Park to 100 feet north of the south boundary of the
Property, and work toward abandonment of said properties as soon as reasonably possible."
In accordance with A.R.S. § 28-7201, et seq., the Town of Marana is proposing the
abandonment of public rights-of-ways, more particularly described as portions of Scenic Drive
rights-of-way as established by Pima County under roadway establishment proceeding number
255. The Town proposes to abandon the two sections of Scenic Drive depicted on the color
map provided with this bluesheet. The first section shall begin just north of Pima Farms Road
and extend north a distance of 1,324.81 feet, contain 79,489.00 square feet, legally described in
Exhibit A t o the Resolution. T he second section s hall begin at the southwest comer of the
southeast quarter of Section 29 proceeding north a distance of 1302.00 feet, containing
78,165.00 square feet, legally described in Exhibit B to the Resolution.
Staff has posted Public Notice of Abandonment of this roadway from August 26, 2003, through
September 29, 2003. Staff has also publicly advertised the proposed abandonment in the
Arizona Daily Territorial Newspaper on August 29, 2003 and September 5, 2003.
During the public comment period of the Abandonment Proposal, staff received the attached
letters voicing concerns, objection, conditions or comments.
Staff has also submitted to Pima County Real Property an Abandonment Application for the
portion of Scenic Drive from the Town of Marana boundary south to the Saguaro National Park
within the Pima County limits.
The Abandonment, if approved will have the following reservations:
Reservation (perpetual easement) for all existing public utilities/sewers within the
abandonment area.
A public water easement shall be retained for the installation, construction and maintenance
of Marana Water facilities within the portions of Scenic Drive alignment for abandonment.
If Council determines to abandon the above mentioned public rights-of-way staff recommends
Council place the following additional conditions upon the abandonment:
1. The Scenic Drive and Silverbell Road Intersection Improvements to be built and
completed to the satisfaction of the Town of Marana prior to transfer of ownership and
closure of the northern portion of Scenic Drive.
2. A cul-de-sac or emergency vehicle mm-around to be built and completed to the
satisfaction of the Town of Marana at the ends o f t he remaining portions o f Scenic
Drive.
3. Prior to any modified use of the rights-of-way a surface survey of the right-of-way for
both sections shall be completed to determine if any archaeological or historical
resources will be affected by the modified use.
4. To prevent segmentation of Scenic Drive south of Pima Farms Road the closure and
transfer of ownership for the south portion of Scenic Drive is conditional to Pima
County approval of the abandonment of the section of Scenic Drive located within their
jurisdiction.
5. Any future abandonment, relocation or modification of Southwest Gas Corporation
facilities lying within the area to be abandoned shall be at the cost of the requestor,
unless the requestor is the Town of Marana.
6. The deeds of abandonment for the abandoned portion of Scenic Drive south of Pima
Farms Road shall reserve a public pedestrian and equestrian easement and (as required
by A.R.S. § 28-7215(A)) an ingress and egress easement for government or emergency
vehicles, all property owners, property owner guests and invitees and persons lawfully
conducting busIness on the land.
Deeds of Abandonment shall be recorded with the Pima County Recorder's Office granting the
portion of Scenic Drive public rights-of-way to the adjacent property owners once all
conditions are satisfied and previously required easements have been executed and legally
recorded.
RECOMMENDATION:
Staff recommends approval of the Abandonment, subject to reservation of easements for
existing utilities and future Marana Water facilities. Staff recommends six (6) conditions of
approval which relate to the timing and terms of the abandonment.
SUGGESTED MOTION:
I move that the Mayor and Council approve Resolution 2003-135.
PW/FH/MMF
10/16/2003 10:10 AM (FJC)
TOWN COUNCIL
MEETING
INFORMATION
I TOWN
OF
MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. B. 2
TO:
FROM:
SUBJECT:
Mayor and Council
Joel D. Shapiro, Planning Director
Resolution No. 2003-125 Preliminary Plat: Continental Reserve Blocks 18~ 19, and a portion
of 17.'. A request for approval ora 102-lot single family detached home subdivision on 25.5 acres
within Continental Reserve; Blocks 18, 19 & a portion of 17 of the Final Block Plat of Continental
Reserve, Township 12 South, Range 12 East, Section 28, on the east and west side of Continental
Loop Road, north of Pima Reserve Drive.
DISCUSSION:
This item was heard by the Marana Planning Commission at their regular meeting of
September 24, 2003. In that heating, the developer's representative requested that the
Commission defer the three conditions recommended by staff to the Final Plat. Those
conditions were: 1) Approval of the Preliminary Plat by Pima County Wastewater; and 2)
Completion of a licensing agreement with Western Area Power Administration. The
objective of defemng these conditions to the Final Plat is to allow the Preliminary Plat to
go forward (at risk) to Council. The developer and the engineer agreed that they would
assume the risk of any conflict created by not having these agreements in place. Currently,
Pima County Wastewater is backed up with reviews, and is 30 to 45 days late with
comments. This delay creates a significant hardship on applicants with preliminary plats.
To alleviate this hardship, staff believes that there are adequate safeguards in place to allow
the preliminary plat to go forward and require the signed sewer agreement on the final plat.
The licensing agreement with Western Area Power Administration will not affect the
platting of this project and can be obtained prior to Final Plat consideration by Council. The
Commission recommended approval with the requirement that the conditions deferred by
them are to be completed prior to consideration of the Final Plat by Town Council.
The subject property is located on Blocks 18, 19 & a portion of 1 7, of the Continental
Reserve Final Block Plat, on both sides of Continental Loop Road and north of Pima
Reserve Drive. The applicant is requesting approval of a 102-lot single family detached
home subdivision on 25.5 acres within Continental Reserve. This is the first plat submitted
for the second phase of Continental Reserve. The land use designation per the Pima Farms
Specific Plan on these parcels is MDR (Medium Density Residential) and MHDR (Medium
High Density Residential). The developer is proposing a density of 4 RAC, which is in
conformance with the allowable densities of the Pima Farms Specific Plan. The subdivision
will include approximately 0.9 miles of new public rights-of-way. Common Area "A" will
be Open Space, Recreation, and Drainage, and totals 3 acres.
The subdivision has four entrances off of Continental Reserve Loop Road and one off of
Pima Reserve Drive. Intemally, the developer has designed a connecting road and three cul-
de-sacs. The lots vary in size fi-om 6,282 square feet to 15,245 square feet. The over-all
average lot size is 7,413 square feet.
Blocks 18 and 19 are adjacent to Continental Reserve Common Area "B", which is Open
Space. Block 17 is adjacent to a Natural Resource Easement and a riparian area.
RECOMMENDATION:
Planning Staff recommends approval of Continental Reserve Blocks 18, 19, and a portion of 17.
SUGGESTED MOTION:
I move to approve Resolution No. 2003-125.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. B. 3
TO:
FROM:
SUBJECT:
Mayor and Council
Farhad Moghimi, P.E., Public Works Director/Town Engineer
Discussion/Direction: The Interstate 10 Traffic Interchange at Twin Peaks/Linda Vista
DISCUSSION:
The Town of Marana and the Arizona Department of Transportation (ADOT) recently began a
process to develop design concepts and to conduct environmental studies, which will lead to
the design and construction of a new traffic interchange on 1-10 at Twin Peaks Road and Linda
Vista Boulevard. The project is being managed by the Town of Marana, and will follow ADOT
standards for design and construction and Federal requirements for environmental studies.
The project includes the design and construction of the interchange, structures crossing the
railroad and Santa Cruz River, and the Twin Peaks and Linda Vista roads leading to the
interchange area. The total costs for this project including the new traffic interchange is
estimated at approximately $57 million.
The public involvement process will follow the requirements of Environmental Assessment
Process and will lay the foundation for community-wide support of the project. Public
involvement for the design of the new interchange will focus on residents and businesses in the
immediate area, as well as residents, businesses, and government officials in the region.
The public involvement activities will engage major stakeholders to give them opportunities to
leam about the project and provide knowledgeable input. Heavy up-front efforts to
communicate and work through issues early in the project with those most affected by the
project are designed to benefit the long-term public relations process, and therefore the design
and construction process.
Staff will update the Council on the status of the project and the Public Involvement efforts
completed to date.
RECOMMENDATION: None
SUGGESTED MOTION: For information only
10/14/20033:36 PM
TOWN COUNCIL
MEETING
INFORMATION
DATE: October 21, 2003
AGENDA ITEM: IX. B. 4
TO:
FROM:
SUBJECT:
Mayor and Council
Joel D. Shapiro, Planning Director
Resolution No. 2003-134 - Gladden Farms Block 5 Preliminary Plat: A request by US
Home/Lennar for preliminary plat approval of a 130-lot single family detached home subdivision
on approximately 26 acres within the Gladden Farms Development. The proposed subdivision
will be located on Block 5 of the Gladden Farms Block Plat, which is directly south of Moore
Road, west of the new Lon Adams Road and north of Gladden Farms Drive, within Section 34,
Township 1 ISouth, and Range 11East.
DISCUSSION:
This project was presented to the Planning Commission on August 20, 2003. The Planning
Commission is forwarding this preliminary plat to the Town Council with a unanimous
recommendation of approval.
Gladden Farms Block 5 is located with/n the Gladden Farms development and is located
directly south o f Moore Road, w est o f the new Lon Adams Road and north of Gladden
Farms Drive, within Section 34, Township 11 South, Range 11 East.
This Preliminary Plat consists of 130 single-family detached home lots on 25.73 acres.
Included in this subdivision are Lots 1 through 130 and Common Areas "A" and "B". This
project is zoned R-6, which requires a minimum lot size of 6,000 square feet. The average
lot size is 6,719 square feet.
Staff has concerns over the access and turning movements for lots 54 and 55 due to the
location of the required 12-foot median. OPW Engineering has agreed to continue working
on an acceptable layout design for these lots. The revised lot layout must be reviewed and
approved prior to approval of the improvement plans for Block 5.
This project will contain both single and two-story homes. The subdivision is limited to
30% or three (6) two-story homes along Gladden Farms Drive, per the Northwest Marana
Area Plan. Additionally, general note #39 restricts the overall number of two-story homes
to a maximum of 50%, with no more than two (2) consecutive two-story homes adjacent to
one another and no two-story homes on comer lots. This note also allows them to follow
any new code amendment that may be approved by the Town Council prior to them
submitting building permits. Currently, US Home/Lennar is not requesting relief from the
25-foot building height limitation of the R-6 zone at this time.
The Northwest Marana Area Plan requires a minimum separation between structures of 15
feet. Note #30 on the plat discusses this requirement. Additionally, general note numbers
40, 41, 43 & 44 address the Town Couneil concems t hat w ere expressed with previous
Gladden plats Block 11 and 12, have been added to this plat. These notes discuss fence
returns placed near the back of the homes to allow for more front yard landscaping, no two
homes with the same elevation or color scheme shall be permitted adjacent to one another
and the amendment to Title $ of the Land Development Code.
This project will have two accesses offofthe newly created Gladden Farms Drive. Block 5
also connects to Block 4 to the west.
The off-site park and recreation requirement has been met per an approved Development
Agreement with Gladden Farms, L.L.C., in which they agreed to dedicate Parcels 26, 27,
28 & 29 of the Gladden Farms Block Plat to the Town for park facilities, trail system and
flood control purposes. The Developer will also improve a portion of the 42-acre Parcel 26.
The developer has also agreed to pay a $100 per unit (home) Park Improvemen~
Contribution for the Park Improvements, payable upon the release of the assurances or
issuance of substitute assurances.
The on-site park and recreation requirement is a minimum of 185 square feet of improved
recreation area per lot with in the subdivision. Block 5 requires a minimum of 24,050
square feet of improved recreation area. The active recreation area has been planned for
Common area "A", which is centrally located in the subdivision. The proposed park plan is
a landscaped tot lot and has been approved b y t he P arks a nd Reereation director. T his
subdivision also provides two trail connections to the paseo west of this subdivision and
Moore Road trail to the north. The design of this trail/drainage channel will be reviewed
and approved on the improvement plans for this project.
CONDITIONS:
1. Final design of the layout for lots 54 and 55 must be reviewed and accepted on the
improvement plans prior to issuing any grading permits.
2. Final design of the trail/channel cross-section must be reviewed and accepted on
the improvement plans prior to issuing any grading permits.
RECOMMENDATION:
Staffrecommends conditional approval.
SUGGESTED MOTION:
I move to approve Resolution No. 2003-134.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. B. 5
TO:
FROM:
SUBJECT:
Mayor and Council
Joel D. Shapiro, Planning Director
Ordinance No. 2003.25: San Lucas Rezone H: Rezone portions of Assessor's Parcel Numbers
217-27-002L, 217-27-002J, 217-27-002Q, 217-27-002N, 217-27-002C, and 217-27-002P for the
purpose of changing the zoning on Block 10 from "CO" (Commercial/Office) to "VC" ( Village
Commercial), and adjusting zoning boundary lines due to the alignment of roads and placement of
features associated with the block plat for San Lucas.
DISCUSSION:
This item was heard by the Marana Planning Commission at their regular meeting of
August 20, 2003. The Commission is forwarding a unanimous recommendation for
approval.
This is a request by BCIF Group to rezone the San Lucas property for the purpose of
adjusting zoning boundary lines due to the alignment of roads and placement of features
associated with the block plat, and changing the zoning on Block l0 from "CO"
(Commercial/Office) to "VC" ( Village Commercial). The property is located on the east
side of 1-10, at the Marana interchange, north of the Marana Estates subdivision, in Section
22, Township 11 South, Range 11 East.
The applicant's request is primarily intended to adjust the boundaries of blocks 1 through
13, and blocks A and B, as they were described in Ordinance No. 2000.12, the adopting
Ordinance for the San Lucas Rezone, and to rezone block 10 from "CO"
(Commercial/Office) to "VC" (Village Commercial) on approximately 13.64 acres. Staff
has had discussions with adjoining property owners, neighbors, and the developer, and the
common belief is that the "VC" zoning was more appropriate on Block I0.
Due to the considerations of the alignment of roads, and the placement of features on the
Block Plat, some of the zoning areas described in Ordinance No. 2000.12 changed slightly,
requiring new legal descriptions. The following table describes the changes in acreage of
the zoning areas.
Ordinance No. 2000.12 Ordinance No. 2003.25
Village Commercial 19 acres Village Commercial 32.95 acres
Commercial Office 11 acres Commercial Office 0 acres
R-6 85 acres R-6 79.89 acres
R-7 71 acres R-7 68.01 acres
R-8 82 acres R-8 92.55 acres
R-144 28 acres R-144 18.55 acres
Notice in accordance with the Marana Land Development Code was published and posted
October 6, 2003. No objections to this rezoning were received.
RECOMMENDATION:
The Planning Commission and planning staff recommend approval of PCZ-03085, San Lucas
Rezone 1I, with the following recommended conditions:
RECOMMENDED CONDITIONS
Compliance with all provisions of the Town's codes, Ordinances and policies of the
Northwest Marana Area Plan and the General Plan, current at the time of any subsequent
development, including, but not limited to, requirements for public improvements.
The applicant shall have five (5) years from the original Town Council approval date of
December 19, 2000 to secure the necessary sewer system to serve the project site, as
accepted by Pima County Wastewater Management and the Town Engineer; if the
developer fails to have the sewer in place prior to the five (5) years, then the property
shall revert to the original zoning without further action by the Town Council.
Potential buyers shall be notified of the existence and potential issues related to the
operation of the Union Pacific Railroad tracks, located southwest of the property. The
Development Services Administrator, prior to review by the Planning Commission of the
first Preliminary Plat, shall approve the content and method of notification.
Potential buyers shall be notified of the existence and potential issues related to the
operation of the Cortaro-Marana Irrigation District located in the general vicinity of the
property. The Development Services Administrator, prior to review by the Planning
Commassion of the first Preliminary Plat, shall approve the content and method of
notification.
Realignment of Cochie Canyon Trail to match the existing Marana interchange shall
occur prior to occupancy of dwelling units within the San Lucas project boundary. No
platting shall occur prior to approval by the Union Pacific Railroad of an acceptable
crossing at this location. The costs of constructing this connection, including
installation of railroad crossing equipment, shall be borne by this development.
The "VC" zoned property shall not be allowed to be developed at the "R-6" standards.
The Developer shall provide the necessary park site(s) acceptable to the Parks and
Recreation Director and the Development Services Administrator, per the Park, Trail,
and Open Space System Master Plan.
Prior to the required Block Plat the applicant shall prepare a treatment plan and perfozm
the necessary backhoe testing as recommended by the Arizona State Museum.
The developer shall submit lot dispersions with the Block Plat identifying the conceptual
dwelling assignments for each of the blocks in compliance with the Northwest Marana
Area Plan.
10.
11.
One alternative route to serve the San Lucas project shall be established to serve as an
emergency access in the event of a blockage of the railroad crossing. This alternate
access shall be established prior to occupancy of dwelling units in the San Lucas project.
This alternate access plan will be provided and accepted by the Town and applicable
emergency services providers (e.g. the Fire District, ADOT, Department of Public
Safety, etc.) as part of the subdivision platting process.
Based upon the requirements of the Northwest Marana Area Plan, the maximum number
of dwelling units for the San Lucas Rezoning area is 839.
SUGGESTED MOTION:
I move to approve Ordinance No.2003.25 with the recommended conditions.
TOWN COUNCIL
MEETING
INFORMATION
'TOWN
OF
MARANA
DATE: October 21, 2002
AGENDA ITEM: IX. B. 6
TO:
FROM:
SUBJECT:
Mayor and Council acting as the Board of Adjustment
James R. DeGrood, P.E., Development Services Administrator
Public Hearing: Gladden Farms Flagpole Variance Request: A request by Gladden Forest
LLC for a height and setback variance to allow a 60-foot flagpole at the Sales Center for the
Gladden Farms residential development. This request is for a variance to increase the allowable
height of a flagpole per Title 16.8.1.A.4 of the Marana Land Development Code and to allow a
reduced fi-unt setback from Title 05.02.03.C. of the Marana Land Development Code. The
property is located at the SWC of Moore Road and Postvale Road adjacent to Block 6 of the
Gladden Farms Development within the northeast ¼ of Section 34, T11 S, RI 1E.
DISCUSSION:
The Planning Commission approved the Conditional Use Permit for a temporary Sales
Center to be located on the southwest comer of Moore Road and PosWale Road on July 30,
2003. The Sales Center will consist of four modular units and a construction office on the
2.4 acre parcel. This variance request is for a 60' flagpole to display the American Flag
near the northeast comer of this site.
Gladden Farms LLC is requesting a vfiriance from the height and setback requirements for a
flagpole as prescribed in Title 16.8.1.A.4 and Title 05.02.03.C of the Marana Land
Development Code pertaining to signage and "C" (Large Lot) Z one. Gladden Forest i s
requesting the variance for only as long as the Sales Center is used for active marketing.
Once the temporary Sales Center has been disassembled, the flagpole will be removed. The
flagpole installation utilizes a sleeve setup, allowing it to be easily moved and re-installed.
The area surrounding the Gladden Farms development as well as the southern portion of
Gladden Farms is primly used for fanning. Aside from some tall trees on the site at the
sales center, there are no distinguishing features helping potential buyers to find this area.
A 60' flagpole could help travelers from 1-10 identify the location of the first residential
sales center within north Marana.
Title 1 6 of the Land Development Code addresses flagpoles under Article 16-8-1, Signs
Exempt from This Chapter. Within this section, "A.4" states "Flagpoles shall have a
maximum height no greater than 1.25 times the height of the nearest adjacent building. The
length of a flag shall be no greater than 1/4th the height of the flagpole". Although the sign
code exempts flagpoles fi.om sign permits, building permits would still be required. A
flagpole of approximately 15 feet in height would be allowed on this site.
Title 5 of the Land Development Code addresses zoning issues and under section 05.02.03,
Zone C-Large Lot Zone. Within this section "C" discusses setbaclcs which states "No
building or structure, except a fence or wall that is not part of a building and not over six
(6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each
foot of building height in excess of ten (10) feet above ground level to any front or rear
property line".
On your enclosed site plan, keynote #4, which is identified by a hexagon with a number 4 in
it, is located near the northeast comer of the site approximately 20 from the front property
line.
ARS Seetion 9-462.06 and Section 2.03 of the Marana Land Development Code require
that, following a public hearing, the Board of Adjustment may grant a variance only when it
can be demonstrated that all of the following criteria have been met.
1. Special conditions and circumstances exist which are applicable to the property,
including its size, shape, topography, location or surroundings, and the strict
application of the zoning ordinance will deprive the applicant of privileges enjoyed by
other properties of the same classification in the same zoning district.
The narrative that accompanies the application states that this site has an abundance of
mature trees that range from 25 to 50+ feet tall. All tree heights far exceed that of an
allowable 15' high flagpole. Additionally, this will be the first residential development
surrounded primarily by farm fields. A 60' flagpole could give added directional
assistance to potential future home buyers not familiar with this area of Marana.
2. The alleged hardships caused by enforcement of the ordinance are not self-imposed.
The narrative also states that Gladden Farms LLC would like to preserve these trees in
place therefore essentially blocking visibility to an acceptable flagpole of only 15 feet in
height.
3. Granting t he variance w ill not confer u pon t he applicant a special privilege that is
inconsistent with the limitations upon other properties in the vicinity and zone in which
such property is located.
There is only one resident within a ¼ mile of this site. Staffis not aware of any request for
flagpoles in the area that have been denied nor approved. Therefore the Town is not
granting special privileges that are inconsistent with the limitations upon other properties
in the vicinity.
Staff's concern with the 60 foot flagpole is its proximity to adjacent farm fields, owned by
Art Pacheco. Crop dusfing is a common occurrence on any farm field. The pilots become
aware of trees, telephone/electric 1 ines, silos o r any other obstmctions t hat t hey h ave t o
work around. Placing a new flagpole in this area could be an issue for crop dusfing a night
when visibility is so low. Gladden Forest has stated their desire to have the flagpole lit,
however; the means to do so must still follow the lighting code and be approved by the
Building Department. Staff is recommending that Gladden Forest LLC have discussions
with Art Pacheco or his representative with regard to awareness and lighting of the
proposed flagpole.
If the variance is approved, Staff recommends the following conditions:
1. The flagpole shall be lighted in a manner visible to low-flying aircraft.
2. A building permit must b e obtained for t he flagpole a nd t he lighting of the flag
must adhere to the adopted Town of Marana Outdoor Lighting Code 2003.
3. Gladden Forest LLC must file a "Notice of Proposed Construction or Alteration"
with the FFA prior to Building permits being approved.
4. The flagpole will only be allowed for the duration of the temporary sales center':
active marketing of the Gladden Farms Development.
RECOMMENDATION:
Planning Staffhas no objection to this variance being granted with the recommended conditions.
SUGGESTED MOTION:
I move to grant the requested flagpole height variance, subject to the conditions recommended
by Staff
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2002
AGENDA ITEM: IX. B. 7
TO:
FROM:
SUBJECT:
Mayor and Council acting as the Board of Adjustment
James R. DeGrood, P.E., Development Services Administrator
Public Hearinm (The Council will be sitting as the Board of Adjustment for this item). Los
Morteros Lot 4 Request for Variance. Request to allow an approximate 3.5' (three and one-
half feet) encroachment into the front 10-foot setback. The property is located at 8260 W.
Circulo De Los Morteros, within the Los Morteros Subdivision.
DISCUSSION:
Wesley Wright is requesting a variance from the setback requirements prescribed in Section
05.10.03 of the Marana Land Development Code pertaining to the "R-36" zone, with the
Cluster Option that the Los Morteros subdivision was developed under. The code requires
minimum 10-foot setback for the front yard under the R-36 Cluster Option.
The applicant asserts that he did not know that there is additional right-of-way behind the
back of curb. When laying out the house they measured from the back of curb instead of
the actual property line located six feet from the back of the curb. In addition, he has stated
that the front porch extends out further than what was approved on the plans. The
combination of this lead to the encroachment and the need for this Variance.
The final plat for the Los Morteros subdivision was approved by the Town Council on
November 19, 1996 under the allowable Cluster Option that allowed a minimum lot size of
10,000 square feet. In addition to the reduced lot area, the front yard setback is reduced
from thirty (30) feet to ten (10) feet.
ARS Section 9-462.06 and Section 2.03 of the Marana Land Development Code require
that, following a public heating, the Board of Adjustment may grant a variance only when it
can be demonstrated that all of the following criteria have been met.
1. Special conditions and circumstances exist which are applicable to the property,
including its size, shape, topography, location or surroundings, and the strict
application of the zoning ordinance will deprive the applicant of privileges enjoyed by
other properties of the same classification in the same zoning district.
The questionnaire that accompanies the application states that from the front porch column
to the back of curb the d/stance is 13-feet 3-inches and the house is already framed.
2. The alleged hardships caused by enforcement of the ordinance are not self-imposed.
The questionnaire also states that the "alleged hardship" is that they will have to incur the
cost to remove part of the patio (porch). The house roof and lath and framing are
completed. "We were not notified of the correct right-of-way until the house was at the
intermediate stage."
3. Granting the variance will not confer upon the applicant a special privilege that is
inconsistent with the limitations upon other properties in the vicinity and zone in which
such property is located.
The q uestionnaire also states t hat p er there plot plan there is no evidence of where the
right-of-way is located. It shows only the property line and not the right-of-way or the
back of curb. The applicant has added the word "curb" to this plot plan that is not
referenced on the approved plans processed for the original building permit. This is to
imply that the line shown on the plot plan is the back of curb and not the property line.
The plan also shows "TC" which represents the top of curb on both plans, which is shown
outside of the property line. To grant a variance to this lot will confer upon the applicant a
special privilege that is inconsistent with the limitations upon other properties in the sam,
circumstances.
In staff's opinion, the applicant does not meet the criteria required to grant a variance.
RECOMMENDATION:
Planning Staff recommends denial.
SUGGESTED MOTION:
I move to deny Variance-03115, Los Morteros, Lot 4 front setback encroachment.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX. B. 8
TO:
Mayor and Council
FROM: Jim DeGrood, P.E., Development Services Administrator
SUBJECT:
Resolution No. 2003-130: To issue floodplain use permits for the area behind the Lower
Santa Cruz River Levee as if the levee has been accepted by the Federal Emergency
Management Agency (FEMA).
DISCUSSION:
Pima County Department of Transportation and Flood Control District constructed the Lower
Santa Cruz Levee along the north bank Santa Cruz River from Avra Valley Road to Sanders
Road. The construction of this project was substantially completed in early 2000, and the work
was based upon a Conditional Letter of Map Revision (CLOMR) issued by the Federal
Emergency Management Agency (FEMA).
On May 28, 2002 Pima County Department of Transportation and Flood Control District
requested that FEMA issue a formal revision to the Flood Insurance Rate Maps (FIRM)
affected by the construction of the Lower Santa Cruz River Levee. The construction of the
Lower Santa Cruz River Levee affected a portion of floodplain within the Town of Marana
mapped on FIRM Panels 04019C0960 K, 0970 K, 0980 K, 0985 K, 0990 K, 0995 K, and 1015
K. To date this revision has not been made to those FEMA FIRM panels, as the FEMA review
contractor assigned to the review of the county request has raised technical concerns. The Town
of Marana currently has many developments that will soon be constructed in the areas behind
the levee that is affected by the current floodplain status. Disclosure to potential buyers of the
floodplain status of these new subdivisions will be made, however the town cannot relieve the
property owners of flood insurance requirements.
The P ima County Flood Control District believes t hat F EMA w ill accept t he current Lower
Santa Cruz River Levee LOMR as the best available data, and Pima County continues to
diligently pursue the LOMR. Staff proposes to permit new development in the floodplain
affected by the Levee without requiring them to meet the extraordinary conditions of
developing in the floodplain. A LOMR is expected from FEMA in the near future, but this will
remove costly floodplain permit requirements such as meeting minimum finished floor
elevations.
RECOMMENDATION:
Staff recommends that the Mayor and Council approve issuing floodplain use permits for the
area behind the Lower Santa Cruz River Levee as if the levee has been accepted by the Federal
Emergency Management Agency (FEMA).
SUGGESTED MOTION: I move to approve Resolution No. 2003-130.
10/15/20031:57 PM
Marana Arizona Resolution No. 2003-130
TOWN COUNCIL
MEETING
INFORMATION
DATE: October 21, 2003
TOWN
OF
MARANA
AGENDA ITEM: IX. ~I~ 9.
TO: Mayor and Council
FROM:
Jaret Barr, Assistant to the Town Manager
SUBJECT:
Resolution No. 2003-137 AUTHORIZING AND APPROVING THE APPLICATION
TO THI~ STATE OF ARIZONA FOR DESIGNATION OF THE PIMA COUNTY
/TUCSON/SOUTH TUCSON/MARANA/SAHUARITA ENTERPRISE ZONE.
DISCUSSION:
Mayor and Council is being asked to approve a resolution establishing the Tucson Pima
Enterprise Zone with the City of Tucson, the Town of Marana, the Town of Sahuarita, the
City o f South Tucson, a nd portions o f unincorporated P ima County. T his item is to be
considered with its companion, Resolution No. 2003-128, which authorizes the execution of
the associated IGA, which establishes a seven-member commission to provide governance
for the Enterprise Zone. The Comrmssion is made up of the following: the Mayor and two
council members from the City of Tucson, the Mayor of t he City o f South Tucson, t he
Mayor of the Town of Marana, the Mayor of the Town of Sahuarita, and the Chair of the
Pima County Board of Supervisors. In addition, ex officio membership is extended to the
Chairman of the Pascua Yaqui Tribe and the Chairperson of the Tohono O'odham Nation.
The consolidated zone would include portions of the City of Tucson, Town o fMarana,
Town of Sahuarita, the City of South Tucson, and portions of unincorporated Pima County.
The new zone is approximately 7,238 square miles and has a total population of 498,323.
According to the 2000 Census, the poverty rate in the proposed consolidated zone is
21.37%. Newly added areas include Flowing Wells, the Avra Valley Airport, the Pascua
Yaqui Tribe Reservation, and the Tohono O'odham Nation.
RECOMMENDATION:
Staffrecommends approval of Resolution 2003-127.
SUGGESTED MOTION:
I move to approve Resolution No. 2003-127.
Resolution No. 2003-127
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: October 21, 2003
AGENDA ITEM: IX.~. 10.
TO:
Mayor and Council
FROM:
Jaret Ban-, Assistant to the Town Manager
SUBJECT:
DISCUSSION:
Resolution No. 2003-138 AUTHORIZING AND APPROVING TltE EXECUTION
OF AN INTERGOVERNMENTAL AGREEMENT RELATING TO THE
ESTABLISItMENT OF AND PARTICIPATION IN THE P/MA COUNTY
/TUCSON/SOUTH TUCSON/MARANA/SAHUARITA ENTERPRISE ZONE.
This is the companion to Resolution No. 2003-127, authorizing the execution of the
intergovernmental agreement relating to the establishment of and participation in the Pima
County/Tucson/South Tucson/Marana/Sahuarita Enterprise Zone.
RECOMMENDATION:
Staff recommends approval of Resolution 2003 - 128.
SUGGESTED MOTION:
I move to approve Resolution No. 2003-128.
Resolution No. 2003-127