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HomeMy WebLinkAboutOrdinance 2002.01 Adopting amendments to the Continental Ranch specific plan F. ~ RODRIGUEZ, RECOi~LDER RECORDED B!: D__K DEPUT~ ~ECO/~DER 7864 ROOC TOWN OF ~ ATTN: TOWN CLEP~K 13251 N LON AD~MS P.D I~RANA A~ 85653 DOCKET: 11742 PAGE: 2744 NO. OF PAGES: 7 SEQUENCE: 20020360697 02/22/2002 0RDIN 1G:~O M~..IL AMOUNT PATD MARANA O~DINA~CF, NO. 2002.01 $ 9.00 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO THE CONTINENTAL RANCH SPECIFIC PLAN, ADDING APPROXIMATELY 100 ACRES TO THE SPECIFIC PLAN AREA, ESTABLISHING A NEW ZONE "AEP.' (AGGREGATE EXTRACTION AND PROCESSING) AND ALLOWING THE DEVELOPMENT OF A NEW AGGREGATE EXTRACTION AND PROCESSING OPERATION, CONVERSION OF AN EXISTING SAND AND GRAVEL FACILITY, INCLUDING RESIDENTIAL, RESORT, AND EXPANDED FREEWAY COMMERCIAL DEVELOPMENT, ON A SITE GENERALLY LOCATED NORTH OF CORTARO ROAD, WEST OF THE 1-10 FRONTAGE ROAD, AND EAST OF THE SANTA CRUZ RIVER; LYING IN PORTIONS OF SECTIONS 27 AND 22, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, the Town of Marana Mayor and Council adopted the Continental Ranch Specific Pla.n on April 5, 1988 (Ordinance No. 88.09). and has amended it from time to time; and WHEREAS, the applicant, Marana Golf, Inc., and affiliates (hereinafter referred to as Marana Golf, Inc.) owns land within and adjacent to the Continental Ranch Specific Plan area and has applied to amend the Specific Plan; and WHEREAS, the applicant, Marana Golf, Inc., seeks to locate a new aggregate extraction and processing facility within considerable proximity to existing and future residences, existing viewsheds, and existing and future recreational areas; and WHEREAS, the applicant, Marana Golf, Inc., seeks to reclaim an existing sand and ~m'avel operation and include this land within the Continental Ranch Specific Plan area for recreational, residential, and commercial development; and WHEREAS, the Town of Marana Planning and Zoning Commission held a public heating on the Specific Plan amendment request on December 19, 2001, and voted unanimouslyto recommend that the Town Council grant the amendment with conditions; and WHEREAS, the Town Council of the Town of Marana held a public hearing on this request to amend the specific plan on February 5, 2002, to obtain input from the applicant, Town staff, and members of the public on the proposed amendments to the Continental Ranch Specific Plan, and finds that the adoption of the proposed amendments to the Continental Ranch SpecifiC: Plan is in the best interests of the residents of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, 1 1 ? 4 2 '7 4 4 Marana Ordinance No. ~01,01 -Page 1 of 7- Arizona, as follows: Section 1: The amendments to the Continental Ranch Specific Plan are hereby adopted as follows: 1. The addition of I23.61 acres currently being used for aggregate extraction and processing. 2. Reclamation and redevelopment as golf course on 90.73 acres of the added area 3. Development of the remaining 32.88 added acres as Medium High Density Residential (MHD). 4. Creati°n of a new zoning designation (AEP - Aggregate Extraction and processing) on approximately 100 acres along the 1-10 frontage road. 5. Creation of additional development regulations, design guidelines, buffers, reclamation policies for the new AEP designation. 6. Conversion of approximately 20 acres of the existing Links at Continental Ranch Golf Course to Freeway Commercial (*C). 7. C°nversi°n of approximately 19.3 acres of the existing Links at Continental Ranch Golf Course (retaining an R/R designation) to Resort uses. 8. Adjustment of actual parcel acreages per surveys. 9. A Phasing Plan to accomplish an orderly transition of uses. .Section 2: The provisions of this Ordinance, and the Specific Plan amendments granted hereunder, are contingent upon the following: This Specific Plan Amendment, and Rezoning, shall terminate after three (3) years fi-om the date of Town Council approval if the owner fails to gain approval of a mining plan prior to the 3-year sunset date, and the property shall revert to the original zoning without further action by the Town Council. If the operation is in non-compliance with any of the prescribed conditions of zoning or mitigation measures for more than six (6) months, the zoning shall revert upon a finding by the Town Council that non-compliance exists. The owner shall provide, to the Development Services Administrator's satisfaction, the necessary roadway dedications and improvements and channel and drainage improvement measures, as deemed necessary by the Town's Developra. ent Services Administrator and Town Engineer to support the proposed development of the site or the Town's Master Transportation Plan. 1 I ? 4 Mar,ma Ordinance lqo. 2002.01 --Page 2 of 7- An assurance agreement shall be entered into'by the owner prior to commencement of aggregate extraction and processing within Parcel 62B, establishing a financial instrument of assurance to guarantee mitigation and reclamation of the mineral extraction operation. Said assurance shall be evaluated annually and adjusted depending on the cumulative level of disturbance. It is understood that the Town is in the process of developing and adopting a Surface Mining and Reclamation ordinance substantially in the form of the atta_ched draft dated January 29, 2002. The agreen6ent required herein shall be substantially in the form required by the draft ordinance and this condition shall be amended and supereeded by the Surface Mining and Reclamation Ordinance upon the Town's adoption of the Surface Mining and Reclamation Ordinance. The maintenance of facilities shall be performed in a clean and safe manner including but not limited to the proper removal of derelict facilities, equipment, and/ur storage devices. Th,e owner shall annually submit a report to the Development Services Administrator detailing the current and proposed location of processing and extraction, changes in buffering or operational systems and/or schedules and any other factors which have or may cause material changes in the impacts associated with the surface mining activity. The report shall include a section on the potential for infiltration of flood flows and groundwater. The report shall also include a topographical survey in a form acceptable to the Development Services Administrator or equivalent town authority. A lighting plan, in compliance with the Town's adopted Lighting Code, shall be submitted prior to excavation, not including removal of overburden, providing a location and schedule of lighting facilities and shall be updated annually. Ail permanent lighting measures at the new site shall not exceed the height of the proposed screening berm. Additionally, the program will mitigate trespass of light to surrounding areas and provide for the modernizing of lighting equipment in conjunction with the required annual lighting reviews. Directional (non flood) lighting required for operational and safety purposes is allowed on silos and above the prior stated height limits provided such lighting is used only as required, is minimized and is fully screened f~om adjacent properties and or rights-of-way. However, any such lighting remains subject to all light trespass restrictions. This is not intended to limit lighting necessary for equipment maintenance, provided the lighting is used only during active maintenance activities and does not ~respass into surrounding areas. 1 ? 4 '7 4 Marana Ordinance No. 2002.01 --Page 3 of 7-- The reclaiming of any pit for the purposes of s~nitary refill shall be prohibited. Site preparation as it relates to all water and drainage issues, such as effluent and potable service, shall be subject to and cooperative with the Marana Water Department and CMID. 9. All graded areas in plain sight of adjacent properties such as, but not limited to; setbacks, buffers, and/or appropriate drainage ways that have not been included in the re-vegetation schedule for screening shall be hydro-seeded or treated with a soil- stabilizing agent. Furthermore, areas adjacent to A.DOT right-of-way, primarily the northern extent, shall be landscaped with trees that grow to a minimum height of twenty-five (25) feet, and shall be twenty-four (24) inch box trees located in the berm, and shall be planted a minimum of twenty (20) feet on center or as approved by the Planning Director. All buffer areas outside of mining shall be hydro-seeded and provided with one tree and three shrubs per thousand (I000) sq.ft, of area, of which, a minimum thirty (30) percent shall be twenty-four (24) inch box trees. Additionally, all berming areas shall be landscaped per the Town of Marana bufferyard standards and the location of landscaping shall be determined through an approved landscape plan. All landscaped areas shall be continuously maintained per section 17-3-10 of the Land Development Code. 10. The aggregate extraction operation shall comply with the most current and reasonably applicable envimumental and safety standards, as identified in Federal, State, and Local laws, and shall be required to be updated on an annual basis. 11. The sand and gravel operation shall insure that all trucks are properly loaded and that tires and wheels have been sprayed or whshed for dust abatement. The operation shall support the adoption cfa Town-wide Tarping Ordinance, in a form substantially similar to that attached draft dated January 29, 2002, and shall comply with said ordinance as and when it is adopted and in full force and effect. The sand and gravel operation shall make best efforts in the period prior to adoption of that ordinance to secure loads departing the facility. 12. All required ADOT permits shall be acquired prior to the commencement of aggregate extraction (not including overburden removal) or processing within Parcel 62B. 13. The access road and route fo~' loaded trucks exiting the site shall be designed and paved, as accepted by the Development Services Administrator. 14. All structures, modulars, and stockpiles within one hundred and fifty (150) feet of the centerline of the berm shall not exceed the height of the proposed screening berm. Beyond which no structure shall exceed thirty (30) feet above the existing pre- i 1 4 4 ? Marana Orflimmce No. 1002.01 -Page 4 of development grade. A maximum of five (5) p~rmanent silos, having heights not exceeding fifty-five (55) feet above the existing pre-development grade will also be permitted, provided they are setback a minimum ofthreo hundred (300) feet from any proper~y line. Up to five (5) additional temporary silos will be permitted as long as the duration of their use does not exceed twelve (12) months. This provision does not restrict the building of a site office at grade which will conform to the specific plan provisions. 15. 16. 17. 18. 19. 20. All proposed buffering and landscaping techniques, including densities, their implementation means, consideration of security and safety, and the monitoring thereof, shall be delineated in a "Landscape Plan" subject to the review and approval by the Town of Marana. On site sand and gravel processing, including crushing and washing, shall process only those materials extracted from the on site pit, except for those materials incidental to the production of ready mix concrete and asphalt which are not available from the on site pit. The Aggregate Extraction and Processing (AEP) zoning designation shall be revised to stipulate the following provisions: l) Permitted Uses shall be Limited solely to 'Aggregate Extraction' 2) All accessory uses shall be contingent on the extraction of aggregate, so that sand and gravel processing, ready-mix concrete, asphalt processing, and the storage of materials or stockpiling shall only be permitted as an accessory use so long as the operation of extracting aggregate is not discontinued 3) If for any reason extraction of aggregate at the new site ceases operation for six (6) consecutive months the zoning shall revert upon a finding by the Town Council that non-compliance exists. This condition shall be amended and superceded by the Surface Mining and Reclamation Ordinance upon the Town's adoption of the Surface Mining and Reclamation Ordinance. 4) After the cessation of aggregate extraction, up to 10 acres may remain for batching subject to a revised Development Plan. The submitted drainage statement shall be approved by the Town Engineer before any activity related to site preparation or mining operation commences. The design and construction of all required muM-use trails shall be approved by the Town prior to installation. Connectivity of multi use trails, and the phasing thereof, shall be conducted in conjunction with an approved phasing plan. A block plat and initial Development Plan shall be submitted for approval prior to any aggregate extraction. The block plat and initial Development Plan shall be I 1 4 2 4 Marana Ordinance No. 2002.01 -Page 5 of 7- considered by the Planning and Zoning ComrrTission and Town Council. The Development Plan shall detail various drainage, preparation, scheduling of activities and their locations, lighting plan, phasing plan, operation plan, major equipment locations, view shed impact and preservation, and any other element or concern deemed appropriate by the Town. 21. Within 12 months of approval of this Specific Plan amendment, aggregate extraction operatibn shall cease at the location of the existing sand and gravel site. 22. These conditions bind any and all successors and assigns. 23. Any Variance of operational items included within the AEP designation shall follow the Town Development Code and shall not be permitted to utilize provision VI.F. of the Continental Ranch Specific Plan. 24. Prior to the commencement of aggregate extraction and processing within Parcel 62B, a Development Agreement shall be entered into between the Owner and the Town for the purpose of establishing a mutually acoeptable business license renewal fee of $I0,000, or such as established by town-wide ordinance, for the purposes of enforcement and monitoring of on-site activity support. 25. Prior to the commencement of aggregate extraction and processing within the amendment area, a Development Agreement shall be entered into between the Owner and the Town for the purpose of establishing a mutually acceptable recurring revenue soume to be generated from owner's operations and payable to the Town at a rate of 5 cents per ton of material extracted and sold, and for the project's parks, trails, and recreation improvement requirements. 26. Within Parcel 74 there shall be a 6,000 square foot minimum single family residential lot size and an average lot size of not less than 7,000 square feet for the entire parcel. 27. The applicant shall submit a complete revised Specific Plan within sixty (60) days of the adoption of this Ordinance with only those amendments set forth in this Ordinance and other typographical corrections. 28. The amended Specific Plan shall contain a certification by the responslble planner that no revisions have been made other than those set forth in th/s Ordinance and other minor typographical corrections. 29. The Town Manager will accept the certified amended Specific Plan in writing within thirty (30) days of its submission. 1 1 7 4 Marana Ordinance No. 2002.01 --Page 6 of 7-- Section 3: All ordinances, resolutions, or motions~nd parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 4: 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5~h day of February, 2002. ATTEST: As Town Attorney and not personally ALL EXHIBITS ARE ON FILE WITH THE TOWN CLERK 1 1 ? 4 '7 0 Ordinance No. 2002.0I -Page 7 of 7--