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HomeMy WebLinkAbout03/20/2007 Blue Sheet Staff Request for Clarification on Barrios De Marana Specific Plan Conditions TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: J.8 TO: MAYOR AND COUNCIL FROM: Kevin Kish, Planning Director Frank Cassidy, Town Attorney SUBJECT: PUBLIC HEARING. Ordinance No. 2007.03: Relating to development; approving and authorizing a specific plan for the Barrios de Marana Specific Plan (staff request for clarification of conditions of approval; see March 6, 2007 meeting) DISCUSSION The Council passed a motion to adopt Ordinance No. 2007.03 at its March 6, 2007 meeting, subject to various conditions. Two of the conditions were added by a separate amendment, based on citizen testimony at the public hearing: . A one-story limit on buildings adjacent to the Swearingen property at 13655 N. McDuff Road, in response to the request of the property owner, who expressed privacy concerns relating to nearby multi-story buildings. . A requirement that at least 60% of the units in the Residential Land Use designation of the specific plan be "owner-occupied," in response to concerns that all of the residential units in the Residential Land Use designation could be apartments. To carry out these orally adopted amendments, staff has added new conditions 19 and 20 to Ordinance No. 2007.03, which provide: 19. Any new buildings adjacent to the existing residential house fronting McDuff Road (13655 W. McDuff) shall be single story. 20. Within the Residential Land Use designation area of the development the development shall have a minimum of 60% of the units designed, developed and offered for individual sale. Staff has requested that this item be brought back to Council to be sure that these added conditions accurately reflect the collective wishes of the Council. The Single Story Condition At this point, the developer has provided only a rough concept plan for the development of the property. This rough concept plan shows large buildings surrounding the Swearingen property. If {FC0209.DOC /} 3/12/200710:50 PM FJC developed with the building footprints shown on the concept plan, staff s proposed condition should carry out the will of the Council - there will be no multi-story buildings looming over the Swearingen property. However, relatively minor changes to the concept plan could thwart the purpose of the condition. If the concept plan is revised so that a parking lot is located adjacent to the Swearingen property, proposed condition 19 could create excessive regulation to the detriment of the developer by requiring the nearest adjacent building to be single story - even if it is a significant distance away. Contrariwise, proposed condition 19 could provide insufficient protection to the Swearingen property if the concept plan is revised so that a narrow single-story maintenance building is constructed adjacent to the Swearingen property and a three-story apartment building is constructed next to the maintenance building. After staff discussions with the developer's representative concerning this issue, the developer has suggested that condition 19 be modified to provide as follows: "Any structure shall not exceed 22 feet in height within 60 feet of (a) the west boundary of the Rezoning Area, (b) Grier Road or (c) 13655 W. McDuff Road." The Swearingen residence is located about 60 feet from the Swearingen property's west boundary and about 80 feet from the Swearingen property's north boundary. As applied to the Swearingen property, staff believes the developer's proposed condition would be appropriate - it would effectively keep tall buildings 120 feet or more away from the Swearingen residence. However, existing residences west of the rezoning have smaller setbacks. Most are set back about 40 feet from their boundary with the rezoning, but the northeastern-most residence appears to be as close as ten feet from its boundary with the rezoning. To provide a similar level of privacy for these residences, staff suggests that the 22-foot height restriction also be applied within 100 feet of any existing residence, as follows: 19. Any structure shall not exceed 22 feet in height in the following areas: A. Within 60 feet of (i) the west boundary of the Rezoning Area, (ii) Grier Road or (iii) the property located at 13655 W. McDuff Road. B. Within 120 feet of any existing residence outside of the Rezoning Area. The "Owner-Occupied" Condition Based on discussions in previous cases about the limitations on the Town's authority to require that residences be "owner-occupied," staff understood that the Council did not actually intend for 60% of the residential units in the Residential Land Use designation area of the specific plan to be occupied by the owner, but rather that they be "designed, developed and offered for individual sale." Consequently, this is how the condition was written. Two factors now give rise to staff concerns about condition 20 as currently written. The first is that it would arguably allow the entire Residential Land Use designation area to be developed with an apartment-style product, so long as at least 60% of the units are included in a {FC0209.DOC /} -2- 3/12/2007 10:50 PM FJC condominium plat that allows them to be individually sold. Staff is concerned that this may not be consistent with the Council's vision for this development. The second concern is that the condition could inadvertently preclude other potentially desirable uses, such as congregate care facilities or semi-independent elderly care facilities. The developer has also expressed concern that the condition may make it more difficult to market the Residential Land Use designation area. The developer has also raised questions about how the 60% is to be determined - whether it will be based on the anticipated total number of units available, or applied to each phase ofthe project. Staff remains satisfied that its proposed condition 20 carries out the Council's intent, but acknowledges that the "60% of the units" language could create administrative problems. To address this concern, staff suggests that condition 20 be modified to read as follows: 20. At least 60% of the land area of the Residential Land Use designation area shall be developed with residential units designed, developed and offered for individual sale. ATTACHMENTS Ordinance No. 2007.03, Version A, with staffs interpretation of the added conditions 19 and 20 as originally proposed by the Council at the March 6, 2007 meeting. Ordinance No. 2007.03, Version B, with staffs proposed clarified conditions 19 and 20. RECOMMENDATION Unless other clearer alternative language is adopted by the Council when this item is brought back for clarification, Town staff recommends adoption of Ordinance No. 2007.03, Version B. SUGGESTED MOTION I move to adopt Ordinance No. 2007.03, as presented in staffs Version B. {FC0209.DOC I} -3- 3/12/2007 10:50 PM FJC MARANA ORDINANCE NO. 2007.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A SPECIFIC PLAN FOR THE BARRIOS DE MARANA SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 38 acres ofland located within a portion of Section 22, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December 20, 2006, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members ofthe public at the regular Town Council meeting held March 6, 2007 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Town Core to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 38-acres ofland located within a portion of Section 22, Township 11 South, Range 11 East, about a half mile north of the Marana Municipal Complex, just north of the terminus of Marana Main Street and Grier Road intersection (the "Rezoning Area"), changing the land use designation from Town Core to Master Planning Area. Section 2. The zoning of approximately 38-acres of land located within a portion of Section 22, Township 11 South, Range 11 East, about a half mile north ofthe Marana Municipal Complex, just north ofthe terminus of Marana Main Street and Grier Road intersection (the "Rezoning Area"), is hereby changed from Zone "A" (Small Lot Zone) to "F" (Specific Plan) creating the Barrios de Marana Specific Plan. Section 3. The purpose of this rezoning is to allow the use ofthe Rezoning Area for attached multi- family housing and Mixed-use consisting of commercial and residential, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): 1. Compliance with all provisions of the Town's codes, ordinances and policies ofthe General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. Marana Ordinance No. 2007.03 3/20/07 COUNCIL MEETING VERSION A Page 1 of4 2. This rezoning is valid for five years from the date of Town Council approval. If the developer fails to have a plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. Any preliminary plat or development plan shall be in general conformance with the Land Use Concept of the Barrios de Marana Specific Plan. 4. The Developer shall dedicate, or cause to have dedicated, 90 feet of right-of-way for continuation of Marana Main Street from the southern property line to the northwest property line and 62 feet of right-of-way for the future linkage between Marana Main Street and Frontage Road. 5. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 6. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director prior to the approval of the water plans. 8. No approval, permit or authorization by the Town of Maran a authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. The property owner shall not cause any lot split of any kind without an approved subdivision. 10. Potential buyers shall be notified that some or all ofthe property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 11. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 12. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for its share of costs for construction of the levee. 13. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 14. Upon adoption of the ordinance by the Mayor and Council approving the Barrios de Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Barrios de Marana Specific Plan: one non-bound original; twenty-five bound Marana Ordinance No. 2007.03 3/20/07 COUNCIL MEETING VERSION A Page 2 of 4 copies; and two digital copies, one in PDF format and one in Microsoft Word or other acceptable format, within thirty days of the adoption of the ordinance. 15. A voluntary contribution of$l ,200 per dwelling unit paid to the Marana Unified School District at the time of building permit. 16. The applicant shall modify the Development Standards within the Mixed-Use land use designation as follows: a. All buildings along Marana Main Street shall be a minimum of two stories and contain varied roof heights, features, styles and colors. b. All buildings along Marana Main Street shall contain varied facades, with generous first floor heights, architectural details and special comer treatments. 17. The applicant shall modify the permitted uses for the Mixed-U se land use designation to provide that the "Multi-Family (Attached) Residential" use is prohibited within the first floor of buildings that front Marana Main Street. 18. The applicant shall modify the permitted uses for the Residential land use designation to delete the live/work units as an allowable use. 19. Any new buildings adjacent to the existing residential house fronting Mc Duff Road (13655 W. Mc Duff) shall be single story. 20. Within the Residential Land Use designation area ofthe development the development shall have a minimum of 60% of the units designed, developed and offered for individual sale. Section 4. This Ordinance shall be treated as having been adopted and the 30-dayreferendum period established by Arizona Revised Statutes section ("AR.S. 9") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (AR.S. S 12-1131 et seq., and specifically AR.S. S 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2007.03. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Marana Ordinance No. 2007.03 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of March, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2007.03 3/20/07 COUNCIL MEETING VERSION A Page 4 of 4 .. ...<"......;.~~..".~~"'""'M,_..'...~. " _ "_",,,."-""~,"4"'.""'."~"""'~"~""~_______-'~'~-'-"-__ AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE ORDINANCE NO. 2007.03 was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 3rd day of April 2007 and the last publication thereof was made on the 6th day of April 2007; that said publication was made on each of the following dates, to-wit: 04/03/07 04/04/07 04/05/07 04/06/07 at the Request of: Town of Marana, Clerk's Office ... \ l-- .. , Legal Advertising Manager 6th day of April 2007. " \,J' ~\ .-~ 'ex.) ry Public in and for the County of Pima, State of Arizona ':J-y--. Ci3 (. !,~..\ Oi\S !,~,~.~"....} r"ub,i,ic - /,;.iizona My commission expires: PUBLIC NOTICE MARAt4A ORDINANCE NO. 2007.03 RELATING TO DEVELOPMENT; AP. PROVING AND AUTHORIZING A SPE. CIFIC PLAN FOR THE BARRIOS DE MARANA SPECIFIC PLAN. WHEREAS, The Planning Center repre- sents the property owners of approxi. mately 3B acres of land located within a portion of Section 22, Township 11 South, Range 11 East, as depicted on Exhibit 'N, attached hereto and Incor. porated herein by this reference; and, WHEREAS, the Marana Planning Com. mission held a public hearing on De. cember 20, 2006, and at said meeting voted unanimously to recommend that the Town Council approve said rezon. lng, adopting the recommended condi. tions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held March 6, 2007 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Town Core to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT OR. DAINED by the Mayor and Council of the Town of Marana, Arizona, as fol. lows: Secflon 1. A minor amendment fa the General Plan of approximately 3B.acres of land located within a portion of Sec. lion 22, Township 11 South, Range 11 East. about a half mile north of the Marana Municipal Complex, just north of the terminus of Marana Main Street and Grier Road Intersection (the 'Re- zoning Area'), changing the land use designation from Town Core to Master Planning Area. Secllon 2. The zoning of approxi. mately 3B.acres of land located wilhln a portion of Section 22, Township 11 South, Range 11 East, about a half mile north of the Marana Municipal Complex, just north of the terminus of Marana Main Street and Grier Road Intersection (the 'Rezoning Area'), is hereby changed from Zone 'A" (Small Lot Zone) to 'F' (Specific Plan) creating the Barrios de Marana Specific Plan. Secllon 3. The purpose of this rezon- ing Is to allow the use of the Rezoning Area for attached multi-family housing and Mixed-use consisting of commercial and residential, subject to the following condilions, the violation of which shall be treated in the same manner as a via. latlon of the Town of Marana Land De- velopment Code (but which shall not cause a reversion of this rezoning ordi. nance): 1. Compliance wilh all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, require. ments tor public Improvements. 2. This rezoning Is valid for five years from the date of Town Council approval. If the developer falls to have a plat reo corded prior to the five years the Town may Initiate the necessary action to re- vert the property to the original zoning, upon action by the Town Council. 3. Any preliminary plat or development plan shall be in general conformance wilh the Land Use Concept of the Bar. rios de Marana Specific Plan. 4. The Developer shall dedicate, or cause to have dedicated, 90 feet of right-of-way for continuation of Marana Main Street from the southern property line to the northwest property line and 62 feet of right-at-way for fhe future link. age between Marana Main Street and Frontage Road. 5. A master drainage study must be submitted by the Developer and ac. cepted by the Town prior to approval of any preliminary plat or development plan. 6. A sewer service agreement and mas- ter sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director prior to the approval of the water plans. B. No approval, permil or authorization by the Town at Marana authorizes viola- tion of any federai or state law or regu. lation or relieves the applicant or the land owner tram responsibllily to ensure compliance with all applicable federal and state laws and regulations. includ. ing the Endangered Species Act and the Clean Water Act. Appropriate ex. perts should be retained and appropri. ate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 9. The property owner shall not cause any lot split of any kind without an ap- proved subdivision. 10. Potential buyers shall be notified that some or all of the property in this rezoning Is subject to an annual tax and assessment by Cortaro Marana Irrlga- lion District and Conaro Water Users' Association. 11. The property owner shall transfer with the final piat, by the appropriale Arizona Department of Water Re- sources form, those water rights being IGR, Type I or Type lito the Town of Marana for the Town providing designa- tion of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and c:'eveiopernar.downer shall ar- rive at an agreeable solution to the use of those water rights appurtenant to sald land. 12. Prior to the Issuance of a building permit and pursuant to Marana Ordi. nance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter Into a Development Agreement wilh the Town of Marana to reimburse the Town for Its share of costs for construction of the levee. 13. An annual report shall be submitted wnhin 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 14. Upon adoption of the ordinance by the Mayor and Council approving the Barrios de Marana Specific Plan, the applicant shall provide the Planning De- partment with the following final edilion of the Barrios de Marana Specific Plan: one non-bound original; twenty-five bound copies; and two digital copies, one In PDF format and one in Microsoft Word or other acceptable format, within thirty days of the adoption of the ordi- nance. 15. A voluntary contribution of $1,200 per dwelling unit paid to the Marana Unified School District at the lime of building permn. 16. The applicant shall modify the De- velopment Standards within the Mixed-Use land use designation as fol- lows: a. All buildings along Marana Main Street shall be a minimum of two stories and contain varied roof heights, fea. lures, styles and colors. b. All buildings along Marana Main Street shall contain varied facades, with generous first floor heights, archnectural details and special comer treatments. 17. The applicant shall modify the per- mitted uses for the Mixed-Use land use designation to provide that the "Multi-Family (Attached) Residential' use Is prohibited within the first floor of buildings that front Marana Main Street. 1 B. The applicant shall modify the per- milled uses for the Residential land use designation to delete the live/work units as an allowable use. 19. Any and all structures, any portion of which Is located within the following areas, shall not exceed one story and 22 feet in height: A. Within 60 feet of (I) the west bound- ary at the Rezoning Area, (II) Grier Road or (Iii) the property located at 13655 W. McDuff Road. B. Wilhin 120 feet of any currently exist- Ing residence outside of the Rezoning Area. C. Fronting on the Marana Vista Estates subdivision, Grier Road, and residential properties on McDuff Road. 20. There shall be no more than 350 to- tal allowable residential units wilhin the Residential Land Use designation area. 21. At least 60% of the land area of the Residential Land Use designation area shall be developed with residential unils designed, developed and offered for In. divldual sale. 22. The applicant shall delete the refer- ence to minimum gross area per dwell. Ing unit within the Residential Land Use oesignatlon area. Secllon 4. This Ordinance shall be treated as having been adopted and the 3D-day referendum period established by Arizona Revised Statutes section ('A.R.S.!li 19 142(0) shall begin wnen the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. !l12 1131 st seq.. and specifically A.R.S. !I 12 1134) resulting from changes in the land use laws that apply to the Rezon- Ing Area as a result of the Town's adop. tlon of this Ordinance. If this waiver in- strument is not recorded within 15 cal- endar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Secllon 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council In conflict with the provi. slons of this Ordinance are hereby re- pealed, effective as of the effective date of Ordinance No. 2007.03. Section 6. If any section, subsecflon, sentence, clause, phrase or portion of this Ordinance Is for any reason held to be Invalid or unconstitutional by the de- cision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ari- zona, this 20th day of March, 2007. _ Mayor Ed Honea ATTEST: _ Jocelyn C. Bronson, Town Cierk APPROVED AS TO FORM: _ Frank Cassidy, Town Attorney PUBLISH: The Dally Territorial April 3, 4, 5, 6, 2007 pnord2007.03 8.8