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HomeMy WebLinkAboutCouncil Blue Sheets 11/04/2003TOWN COUNCIL MEETING INFORMATION DATE: November 4, 2003 TOWN OF MARANA AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: DISCUSSION: Mayor and Council Joel D. Shapiro, Planning Director Resolution No. 2003-118 - Gladden Farms Block 11 Final Plat: Request by Pulte Homes for final plat approval of a 141-lot single family detached home subdivision on approximately 30 acres of R-6 zoned land within Block 11 of the Gladden Farms development. Block 11 is located directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. Gladden Farms Block 11 is located within the Gladden Farms development. The site is located directly south of the new Gladden Farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Final Plat consists of 141 single-family detached home Iots on 30 acres. Included in this subdivision are Lots 1 through 141 and Common Areas "A" through "N". This project is zoned R-6, which requires a minimum lot size of 6,000 square feet. The average lot size is 6,765 square feet with typical lot dimensions of 55'xl 10'. This project will contain both single and two-story homes. The subdivision is limited to 30% or six (6) two-story homes along Gladden Farms Drive. Council approved a 2-foot height increase request with the preliminary plat that allows home to be constructed up to 27-feet as stated in note #18. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #37 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general notes 36, 38, 39, 40 and 41 address the Town Council conditions that were approved with the preliminary plats for Gladden Block 11 and 12. These notes restrict 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, 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 5 of the Land Development Code. This project requires a temporary secondary access until such time that an acceptable secondary access to Moore Road through Block 10 has been constructed. Pulte has chosen to put in a secondary access through lot 8. This temporary access has been submitted for review on the improvement plans. A building permit will not be issued for lot 8 until the acceptable secondary access through Block 10 has been constructed. The necessary Avigation Easement for Block 11 has been accepted by Town staff and recorded under separate instrument. RECOMMENDATION: Staffrecommends approval with the following conditions. 1. A temporary secondary access to Moore Road must be constructed prior to any on-site model sales centers being open to the public. 2. A building permit will not be approved for lot 8 (or any other lot that the temporary access is constructed through) until the acceptable secondary access through Block 10 has been constructed. SUGGESTED MOTION: I move to approve Resolution No. 2003-118 with conditions. TOWN COUNCIL MEETING INFORMATION DATE: November 4, 2003 TOWN OF MARANA AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003-126 - Gladden Farms Block 12 Final Plat: Request by Pulte Homes for final plat approval of a 104-lot single family detached home subdivision on approximately 29 acres of R-7 zoned land within Block 12 of the Gladden Farms development. Block 12 is located approximately 1,100 feet south of Moore Road on the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. DISCUSSION: Gladden Farms Block 12 is located ~vithin the Gladden Farms development. The site is located approximately 1,100 feet south o f Moore Road o n the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East. This Final Plat consists of 104 single-family detached home lots on 29 acres. Included in this subdivision are Lots 1 through 104, Block A and Common Areas "A" through "K". This project is zoned R-7, which requires a minimum lot size of 7,000 square feet. The average lot size is 7,787 square feet with typical lot dimensions of 6Yx115' and 65'xl 10'. This project will contain both single and two-story homes. Council approved a 2-foot height increase request with the preliminary plat that allows home to be constructed up to 27-feet as stated in note #22. The Northwest Marana Area Plan requires a minimum separation between structures of 15 feet. General note #18 has been added to this plat that requires any homes in excess of 25 feet to have a mandatory 20 feet separation between houses. Additionally, general notes 1 7, 1 9, 2 0 a nd 2 1 address the Town Council conditions that were approved with the preliminary plats for Gladden Block 11 and 12. These notes restrict 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, 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 5 of the Land Development Code. Per this final plat, Pulte will be dedicating the eastern 50' feet of the project Block "A" to the Town. The western 25' of Block "A" is a CMID easement and the eastern 25' is a future Town trail project. This will provide a nicely landscaped trail system between the Santa Cruz River and the Ora Mae Ham Park. The necessary Avigation Easement for Block 12 has been accepted by Town staff and recorded under separate instrument. RECOMMENDATION: Staff recommends approval. SUGGESTED MOTION: I move to approve Resolution No. 2003-126. TOWN COUNCIL MEETING INFORMATION DATE: November 4, 2003 TOWN OMFARANA AGENDA ITEM: IX. A. 3 TO: FROM: SUBJECT: Mayor and Council Joel D. Shapiro, Planning Director Resolution No. 2003-128: The Preserve at Dove Mountain Phase I: A request for approval of a Final Plat for a 182-1ot single-family subdivision on approximately 167 acres of land within the Dove Mountain Specific Plan, located in a portion of Section 36, Range 12 East, Township 11 South. The property is east of Dove Mountain Boulevard and north of Tangerine Road. DISCUSSION: This Final Plat is the first phase of development for a 480-1ot project ~vithin the Dove Mountain Specific Plan. The project is located east of Dove Mountain Boulevard, north of Tangerine, and south of Moore Road. It is approximately 610 acres, and approximately 70 percent of the property will be protected open space. This phase is approximately 167 acres with lots 1 - 182 and common areas "A", (Private Streets), "B" (Open Space 123.72 acres), and "C" (Drainage). The Homeowners Association will be responsible for maintenance of the common areas. Ingress and egress to the project is provided with two entrances on Dove Mountain Boulevard. Streets are designed to allow for connectivity to future phases. The developer has consulted with Northwest Fire District on the design of the streets and incorporated the recommendations of the District for accessibility and safety. On October 14, 2003 the project was annexed into the Northwest Fire District. The lots range in size from 6,000 to 12, 419 square feet, with the average lotof7,910 square feet. On the reductions in the packet Lot 1 shows 5,999 square feet. This was an erroneous rounding of a calculation and has been corrected on the Mylar to be recorded. The correct square footage is 6,000 square feet. The rear of every lot abuts natural open space. At the nearest point to another subdivision (Quail Crossing) there is over 100' of open space to the property line. RECOMMENDATION: Planning Staffrecommends approval of PRV-03016 The Preserve at Dove Mountain, Phase I. SUGGESTED MOTION: I move to approve Resolution No. 2003-128. TOWN TOWN COUNCIL OF MEETiNG MARANA iNFORMATION DATE: November 4, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2003-132 -Intergovernmental Agreement between the Arizona Department of Pnblic Safety and Town of Marana Police Department for enhancing law enforcement services pertaining to motor vehicle theft. DISCUSSION: This Intergovernmental Agreement (IGA) is a renewal of a current IGA with the Arizona Department of Public Safety. This agreement establishes certain guidelines for maintaining one of the Marana police officers assigned to the Arizona Vehicle Theft Task Force. Both the Town of Marana and the Arizona Department of Public Safety have enhanced their law enforcement efforts concerning motor vehicle thefts due to the cooperative efforts involving both departments. This collaboration and synchronization between both agencies has significantly promoted the public health, safety, and welfare by facilitating enforcement of motor vehicle theft. RECOMMENDATION: Staff recommends approval of the Intergovernmental Agreement between the Arizona Department of Public Safety and Town of Marana Police Department regarding the Arizona Vehicle Theft Task Force. SUGGESTED MOTION: I move to adopt Resolution No. 2003-132. TOWN TOWN COUNCIL OF MEETING MARANA iNFORMATION DATE: November 4, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Jocelyn Bronson, Town Clerk SUBJECT: Resolution No. 2003-140: Request by Northwest Fire District to annex certain property located in the civinity of the Marana Town ltall and more particularly described on Exhibits C, D, E and I in order to provide fire protection services DISCUSSION: The Board of Directors of Northwest Fire District is requesting that the Council approve a request to extend the boundaries of Northwest Fire District to include that certain property in Exhibits C, D, E and I, so that Northwest Fire District can provide fire protection services to that area. On October 7, 2003, Parcel 4, included within Exhibit C, w as annexed pursuant t o Council approval of Resolution No. 2003-123. The remaining parcels included in this request being presented to Council for approval tonight were inadvertently omitted. Council had previously given blanket approval to the fire district to annex all areas within the Marana town boundaries. Due to some recent competition conflicts with fire districts in surroundings municipalities, the Northwest Fire District board felt that it would be in their best interest to ask that the Marana Town Council specifically approve this annexation request. RECOMMENDATION: Staff recommends adoption of the request by Northwest Fire District to proceed with the annexation of that certain property in Exhibits C, D, E and I. SUGGESTED MOTION: I move to approve Resolution No. 2003-140. ADMIN/JCB 10:55 AM/10/29/03 TOWN COUNCiL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 6 TO: FROM: SUBJECT: Mayor and Council Jocelyn C. Bronson, Town Clerk Resolution No. 2003-141: Intergovernmental Agreement with the Pima County Health Department under the Emergency Management Assistance Grant and Town of Marana to assist in the review and update of Marana's emergency operations plan DISCUSSION: Pima County was awarded the Emergency Management Assistance Grant for emergency operations planning and to enhance the terrorism annex in Pima County. Pima County desires to supplement local communities in order to maintain a coordinated response effort throughout the community, specifically, to help communities revise their emergency operations plan in order to integrate the plan and ensure compatibility with the Pima County Emergency Operations plan. The Town of Marana and Pima County would like Council approval to enter into an Intergovernmental Agreement for this purpose. The focus of updating the Town's emergency operations plan will be to focus on the post 9-11 environment with an emphasis on Weapons of Mass Destruction and terrorist related threats. The County will reimburse the Town up to $10,000 to review and update its emergency plan in accordance with the grant. RECOMMENDATION: Staff recommends the approval of the Intergovernmental Agreement with Pima County. SUGGESTED MOTION: I move to approve Resolution No. 2003-I41. TOWN TOWN COUNCiL OF MEETiNG MARANA INFORMATION DATE November 4, 2003 AGENDA ITEM: IX. A. 7 TO: Mayor and Council Members FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2003-142: Application for Liquor License: New License for a Limited Liability Company: Consideration of recommendation to State Liquor Board for a No. 11 (Hotel/Motel with Restauran0 liquor license application submitted by James A. Shiner, on behalf of Lazy K Bar Guest Ranch, located at 8401 N. Scenic Drive. DISCUSSION: James A. Shiner, on behalf of Lazy K Bar Guest Ranch, is applying for a new No. 11 (Hotel/Motel with Restaurant) liquor license for premises located at 8401 N. Scenic Drive. The business is in compliance, and the Marana Police Department, showing no record on file, has completed a background check. In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office has received two copies of an application for a spirituous liquor license from the State Department of Liquor Licenses & Control. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant. If the application is approved at the appropriate government level, and no written protests have been received by the Department, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed with the Department, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-location transfer need only prove that the granting of the license i s in the "best interest of the community". The decision by the Board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION: James A. Shiner, on behalf of Lazy k Bar Guest Ranch, located at 8401 N. Scenic Drive, has applied to the State of Arizona Department of Liquor License & Control for a new No. 11 (Hotel/Motel with Restaurant) liquor license and has met the posting requirements. The office of the Town Clerk has received no comments in favor or against the application. Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION: I move to approve Resolution No. 2003-142. Proclamation Skip Rimsza WHEREAS, government affects every aspect of life in America today, including community livability; and WHEREAS, all municipalities in Arizona, regardless of size and ~eographic location, benefit from the accomplishments of all elected officials who strive to make their communities better; and WHEREAS, Skip Rimsza, the 50th Mayor of the City of Phoenix serving since 1994, undemtands the value and importance of maintaining a healthy and thriving community through the participation of local residents to renew the neighborhoods of Phoenix, expand the economy and protect families; and WHEREAS, his efforts as Mayor have resulted in donations exceeding $100,000 from private sources to supplement the city's education budget for basic materials; the addition of several parks throughout Phoenix; and the addition of more than 200 police officers to the Phoenix Police Department; and WHEREAS, Skip Rimsza continues to raise the standard of excellence for his community through his tireless efforts to fight domestic violence, preserve the desert from sprawl construction, improve transit and attract new businesses to Phoenix. NOW, THEREFORE, the Mayor and Council of the Town of Marana rece~ize and commend Skip Rimsza for his leadership and encouragement to others in continuing to build partnerships with local organizations to benefit the City of Phoenix and Maricopa County as a whole. FURTHER, the Mayor and Council con~Fatulate Skip Rimsza for his service to his community and extend warm wishes for equal success and fulfillment to him in his future endeavors. Dated this 4t~ day of November, 2003. Bobby Sutton, Jr., Mayor ATTEST: Jocelyn C. Bronson, Town Clerk TOWN COUNCIL MEETING INFORMATION DATE: November 4, 2003 TOWN OF MARANA AGENDA ITEM: IX. A. 9. TO: FROM: SUBJECT: Mayor and Council Frank Cassidy, Town Attorney Resolution No. 2003-143 AUTHORIZING AND APPROVING TE1E APPLICATION TO TIlE STATE OF ARIZONA FOR DESIGNATION OF TIlE TUCSON PIMA ENTERPRISE ZONE. DISCUSSION: Mayor and Council is being asked to approve a revised resolution establishing the Tucson Pima Enterprise Zone with the City of Tucson, the Town of Marana, the Town of Sahuarita, the City of South Tucson, and portions of unincorporated Pima County. This item readopts and revises the action taken by Resolution No. 2003-137, approved on October 21, 2003, to conform to revisions made by the participating entities after October 21. This item is to be considered with its companion, Resolution No. 2003-144, which authorizes the execution of the associated IGA, which establishes a seven-member commission to provide governance for the Enterprise Zone. The Commission is made up of the following: the Mayor and two council members from the City of Tucson, the Mayor of the City of South Tucson, the 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 of Marana, Town of Sahuarita, the City of South Tucson, and portions of unincorporated Pima County. The new zone is approximately 6,888 square miles and has a total population of 499,509. According to the 2000 Census, the poverty rate in the proposed consolidated zone is 21.14%. Newly added areas include Flowing Wells, the Avra Valley Airport, the Pascua Yaqui Tribe Reservation, and the Tohono O'odham Nation. Areas removed since October 21 include the land north of the Santa Cruz River from Avra Valley Road to Trico Road, and non-Tribal land west of Trico Road. RECOMMENDATION: Staff recommends approval of Resolution 2003-143. SUGGESTED MOTION: I move to approve Resolution No. 2003-143. Resolution No. 2003-XX TOWN COUNCIL MEETING INFORMATION DATE: November 4, 2003 TOWN OF MARANA AGENDA ITEM: IX. A. 10. TO: Mayor and Council FROM: Frank Cassidy, Town Attomey SUBJECT: Resolution No. 2003-144 AUTHORIZING AND APPROVING THE EXECUTION OF A REVISED INTERGOVERNMENTAL AGREEMENT RELATING TO THE ESTABLISHMENT OF AND PARTICIPATION IN THE TUCSON PIMA ENTERPRISE ZONE. DISCUSSION: This is the companion to Resolution No. 2003-143, authorizing the execution of the revised intergovernmental agreement relating to the establishment of and participation in the Tucson Pima Enterprise Zone. Since the Town Council approved the original version of this intergovernmental agreement by the adoption of Resolution No. 2003-138 on October21, this intergovernmental agreement has been revised by, among other things, clarifying that any further revision of the enterprise zone map is subject to approval by all parties and adding required terms relating to cancellation, non-discrimination and compliance with the Americans With Disabilities Act. RECOMMENDATION: Staff recommends approval of Resolution 2003-144. SUGGESTED MOTION: I move to approve Resolution No. 2003-144. Resolution No. 2003-144 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: November 4, 2003 AGENDA ITEM: IX. A. 11. TO: Mayor and Council FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2003-145 AUTHORIZING AND APPROVING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE PASCUA YAQUI TRIBE RELATING TO THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT AT YOEM PUEBLO. DISCUSSION: On April 15, 2003, Mayor and Council approved Resolution No. 2003-37, authorizing the execution of an intergovernmental agreement with Pima County amending the CDBG allocation to accommodate the purchase and installation of playground equipment at Yoem Pueblo and extending to December 31, 2003 the time for completion of the project. Before you today is an intergovernmental agreement with the Pascua Yaqui Tribe to facilitate the purchase and installation of the playground equipment with the CDBG funding that was the subject of Resolution No. 2003-37. RECOMMENDATION: Staffrecommends approval of Resolution 2003-145. SUGGESTED MOTION: I move to approve Resolution No. 2003-145. Resolution No. 2003-145 TOWN COUNCIL TOWN MEET1NG OF INFORMATION MARANA DATE: November 4, 2002 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: DISCUSSION: Mayor and Council acting as the Board of Adjustment Joel D. Shapiro, Planning Director Public Hearing: Gladden Farms Flagpole Variance Request: A request by Gladden Forest LLC for a height and setback variance to allow a 20-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 front 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, T11S, R11E. Gladden Farms LLC brought this variance request before the Mayor and Council on October 21, 2003. At that time the Council unanimously voted to continue this item to the November 4, 2003. The original request was for a 60-foot flagpole to be located approximately 20-feet back from the property line. This would require relief from 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) Zone setbacks. Following the continuation by Council the applicant has submitted a letter changing their request to a 20-foot flagpole to be located 20-feet back from the property line. Although the exact height of the existing house is not known, it is estimated to be between 15-18 feet tall. Therefore, a flagpole between 18-23 feet in height would be permitted per the Land Development Code. However, the applicant will still need to secure a variance for the front setback. The front setback for a 20-foot structure would be 50-feet. Therefore, the applicant would need a setback variance of 30-feet. Placing the flagpole 50-feet back from the property line could hinder the public's ability to clearly see the flagpole unless they were already on site. Currently there are a couple of trees that front along Moore Road that could obscure the view of the flag. The proposed site plan also indicates one of the modular buildings being placed exactly 50-feet back from property line with the parking lot adjacent to it. The parking lot and the sales office could potentially block the visibility of the flagpole. Title 1 6 of the L and D evelopment Code addresses flagpoles u nder A rticle 1 6-8-1, 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 from sign permits, building permits would still be required. 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 setbacks 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 often (lO)feet above ground level to any front or rear property line ". If the variance is approved, Staff recommends the following condition: 1. The flagpole will only be allowed for the duration of the temporary sales center's active marketing of the Gladden Farms Development. RECOMMENDATION: Planning Staff has no objection to this variance being granted with the recommended condition. SUGGESTED MOTION: I move to grant the requested flagpole variance, subject to the condition recommended by Staff. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA DATE: November 4, 2003 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: DISCUSSION: Mayor and Council Joel D. Shapiro, Planning Director Ordinance 2003.26 - Widger~ Northwest Fire Districh Northwest Holdings~ Inc. Rezone: A request initiated by the Town of Marana to rezone three parcels, approximately 10 acres in total area, located on the west side of Tortolita Road and north of Moore Road within Section 26, Township 11 South, Range 12 East. The request is for a change in zoning from "C" (Large Lot Zone, 25 acre minimum lot size) to "MU-l" (Mixed Use). The requested zoning district is commensurate with the existing development on the three parcels. The subject property was annexed by the Town in 1990 and translationally zoned "C" (Large Lot Zone). At that time, the owners, Kathy and Ted Widger, operated a commercial plant nursery and native plant salvage business and had previously conducted other commercial enterprises including a recreational vehicle storage and repair business. The Widgers have since transitioned their business back to the storage and repair of recreational vehicles. In 1997 the Widgers donated a vacant one acre portion of their property to the Northwest Fire District, subsequently the District constructed a new fire station to serve the Dove Mountain vicinity. In 2001, the Widgers divided their remaining 9 acre property creating a vacant 4 acre parcel adjacent to Tortolita Road, which has since been sold to NW Holdings and developed as a commercial self-storage facility. The Town has initiated this rezoning to more accurately reflect the mix of rural commercial activities that have historically and currently take place on the property. The Town proposes to rezone the properties to "MU-l" (Mixed Use Zone) with conditions. The conditions of the rezone would 1 imit t he "MU- 1" t o preclude certain p emitted a nd conditional uses otherwise allowable under the "MU-l". These use restrictions, as listed under the recommended conditions of zoning, prohibit specific uses that were identified by the Planning Commission during a public hearing, on July 30, 2003, to consider their recommendation to the Town Council. The Commission voted unanimously (7-0) to recommend approval to the Town Council with a prohibition of specific incompatible uses. Staff held a public meeting with the surrounding neighborhood at the Heritage Highlands Golf and Country Club on September 18, 2003. During that meeting the neighborhood identified several uses, in addition to the Planning Commission's recommended use prohibitions, that were not compatible. These additional use prohibitions are acceptable to the property owners and to Town staff, and have been included as conditions of zoning. The "MU-l" Zone development standards will regulate all future development and uses. The purpose of the "MU-l" is to allow limited commercial and industrial development where appropriate, with suitable buffers to establish compatibility. Staff finds the recommended permitted, accessory, and conditional uses, as promulgated through the "MU- 1" zoning district, to be consistent with the historical development of the area and compatible with existing and anticipated development in the area. Staff has advertised this public hearing and adjacent property owners within 300 feet of the subject properties w ere notified. S taft h as not been contacted b y a ny concerned citizens since the public meeting held in September. Recommended Conditions of Approval: 1. No approval, permit, or authorization of the Town of Marana relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. 2. No further lot split, land division, and or subdivision of land shall occur without the approval of the Town. 3. No lot, legally existing prior to the adoption of this ordinance, nor any lot legally created subsequent to the adoption of this ordinance, shall be allowed to have or shall conduct more than a single use, as permitted or conditionally permitted by this ordinance. 4. The following uses, otherwise permitted outright in the "MU-l" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Kennels. B. Aviaries. C. Blacksmith shop. D. Crop production. E. Grazing and raising of livestock. F. Raising and marketing of poultry, rabbits, and small animals. G. Sale stands for the sale of agricultural and horticultural products produced or grown on the premises. H. Trucking operations and yards. 5. The following conditional uses, otherwise permitted conditionally, subject to special approval procedures, in the "MU-l" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Additional building heights. B. Apiaries. C. Commercial riding stables and boarding stables. D. Lighted game courts. E. Manufactunng. F. Processing and assembly. G. Restaurants. H. Public or private rodeo facilities. I. Sexually oriented businesses. J. Warehouse facilities. RECOMMENDATION: The Planning Commission and Staffrecommend that the Town Council approve Ordinance No. 2003.26 - the Widger, Northwest Fire District, and Northwest Holdings, Inc. Rezone - as presented. SUGGESTED MOTION: I move to approve Ordinance No. 2003.26 with the recommended conditions. Planning/SharedFiles/TCReports/03 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: November 4, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Public ltearing on the Saguaro Ranch East Annexation - Consideration of the Town of Marana's desire to annex approximately 422 acres adjacent to the Town of Marana's border in portions of Sections 17 and 20, TllS, R13E. The parcels within this annexation area are on the east side of the Tortolita Mountains and north of Tangerine Road. This annexation is the third to occur within the Saguaro Ranch project area. DISCUSSION: Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation will bring into the Town acreage to be developed into large lot residences with extensive tracts o f undisturbed I and which w ill help t o maintain t his beautiful desert environment. This is the third annexation within the Saguaro Ranch project area. The Saguaro Ranch area is broken into three discrete annexations, two of which earlier passed through the annexation process. This particular annexation is the eastern block comprised of approximately 422 acres within Sections 17 and 20. RECOMMENDATION: No action is required Public Hearing. SUGGESTED MOTIONS: No action is required. ADMIN/SRG/10/29/2003