HomeMy WebLinkAboutResolution 2020-084 NOT USED MARANA RESOLUTION NO. 2020-084
RELATING TO FLOOD PLAIN MANAGEMENT; GRANTING A VARIANCE TO
MARANA TOWN CODE CHAPTER 17-15 (FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE) FOR PROPERTY LOCATED AT 7430 NORTH SILVERBELL
ROAD
The Marana Town Council voted not to approve this resolution at the August 18, 2020
Regular Town Council Meeting.
Cherry L. awson, Town Clerk
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Marana Resolution No.2020-084 - 1 - 8/6/2020 1:59 PM
MARANA RESOLUTION NO. 2020-084
RELATING TO FLOOD PLAIN MANAGEMENT; GRANTING A VARIANCE TO
MARANA TOWN CODE CHAPTER 17-15 (FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE) FOR PROPERTY LOCATED AT 7430 NORTH SILVERBELL
ROAD
WHEREAS MC Realty Advisors, LLC (the "Developer") has a contract to
purchase and develop an apartment complex on property located at 7430 North
Silverbell Road, Marana, Arizona, and located within a Federal Emergency
g Y
Management Agency (FEMA) Zone A floodplain; and
WHEREAS the elevation requirement for Zone A construction is for the finished
floor elevation to be four feet above highest adjacent natural grade; and
WHEREAS the development plan for the apartment complex instead has
proposed an extensive channel interception and delivery system that will remove the
site from the FEMA floodplain; and
WHEREAS the plans for the channel system have been reviewed and approved
by Town staff and the Pima County Flood Control District (due to adjacency with the
Santa Cruz River); and
WHEREAS the Developer submitted a conditional letter of map revision
(CLOMR) to FEMA in June 2020 to remove the property from Zone A based on the
channel system; and
WHEREAS Marana Town Code section 17-15-10.E.9 provides that a CLOMR for
modification or removal of a FEMA special flood hazard area must be submitted to and
accepted by FEMA prior to construction of physical improvements; and
WHEREAS Rick Engineering Company, Inc. submitted a request dated August 3,
2020 on behalf of the Developer for a floodplain variance from Marana Town Code
section 17-15-10.E.9; and
WHEREAS the Developer contends, and the Town Council finds, that the
ongoing slowdown due to the COVID-19 pandemic may further stretch out the already
lengthy FEMA review process, and awaiting FEMA CLOMR approval would
significantly delay the site improvements; and
WHEREAS the Town Council, acting as the Floodplain Board, and pursuant to
the Marana Land Development Code Title 21 (Flood Plain and Erosion Hazard
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Management Code), is empowered to grant variances, provided all variance actions
must be reported in a biennial report to FEMA.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, acting as the Floodplain Board, that the property located at 7430
North Silverbell Road, Marana, Arizona, is hereby granted a variance from Marana
Town Code section 17-15-10.E.9, which would otherwise prohibit commencement of
construction of physical improvements prior to FEMA acceptance of the CLOMR,
subject to the following conditions:
1. All other aspects of Marana Town Code Chapter 17-15 (floodplain and erosion
hazard management code) are to be adhered to.
2. The Developer shall sign a covenant indemnifying and holding the Town of
Marana and its agents harmless in the event of flooding and/or in the event of
FEMA's extended delay or denial of the CLOMR application.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, acting as
the Floodplain Board of the Town of Marana, Arizona, this 18th day of August, 2020.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
Cherry L. Lawson, Town Clerk Frank Cassidy, Town Attorney
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Marana Resolution No.2020-084 - 2- 8/6/2020 1:59 PM