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HomeMy WebLinkAbout10-04-2022 Regular Council Meeting Summary Minutes MARANA AZ CELEBRATING 45 YEARS MARANA TOWN COUNCIL REGULAR COUNCIL MEETING 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 4, 2022, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member SUMMARY MINUTES CALL TO ORDER AND ROLL CALL Mayor Honea called the meeting to order at 6:01 PM and directed Town Clerk to call the roll. Present: Mayor Honea,Vice Mayor Post,Council Member Craig,Council Member Comerford, and Council Member Ziegler. Excused: Council Member Kai and Council Member Officer. The Town Clerk stated a quorum was present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE: Led by Mayor Honea APPROVAL OF AGENDA Vice Mayor Post moved to remove Item C2 from the agenda and to otherwise approve the agenda as presented. Council Member Ziegler seconded the motion. Motion to remove Item C2 and otherwise approve the agenda passed, 5-0. Council Regular Meeting Summary Minutes October 4,2022 Page 1 of 9 CALL TO THE PUBLIC PROCLAMATIONS PR1 Proclamation recognizing the week of October 9-15, 2022, as "Fire Prevention Week" (David L. Udall) Town Clerk/Assistant Town Attorney David Udall read the Proclamation, a copy of which is on file in the Town Clerk's Office. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Comerford praised Vice Mayor Post's pumpkin patch event and encouraged people to attend. Mayor Honea praised the pumpkin patch event. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Town Manager Terry Rozema praised the pumpkin patch event. Mr. Rozema stated the Town issued 38 single-family residential permits in September. Last September, there were 159. He said there was a Sonoran Desert education hike event the previous week that was well attended. He stated the next Concerts in the Courtyard event was on October 20, 2022. Mr. Rozema said the Town's annual Fall Festival event was coming up on October 15, 2022,and said it would begin at 2:00 PM. Included in the event will be the unveiling of the Man on the Horse statute and refurbished Pole Barn. Mr. Rozema said there was a blood drive scheduled for October 6, 2022. PRESENTATIONS CONSENT AGENDA Cl Resolution No. 2022-101: Relating to Special Events; approving and authorizing the Mayor to sign a license agreement between the Town of Marana and the Marana Health Center, Inc. allowing the Marana Health Center to utilize certain properties owned by the Town for its 2022 BalloonFest event (David L. Udall) [Item C2 was removed from the agenda.] Council Regular Meeting Summary Minutes October 4,2022 Page 2 of 9 C3 Relating to Procurement; ratifying the Town Manager's approval of a change order to the Airport MIRL, PAPI, & Beacon Replacement (AP026) project in the amount of$35,008.00; authorizing the transfer of appropriations, if necessary,for the change order; and authorizing the Town Manager or designee to execute the necessary documents to effectuate the change order. C4 Approval of the Regular Council Meeting Summary Minutes of September 20, 2022 and Approval of Council Study Session Summary Minutes of September 13, 2022 (David L. Udall) Council Member Ziegler moved, and Vice Mayor Post seconded, the motion approving the Consent Agenda with Item C2 removed. Motion passed, 5-0. LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES [Item B1 was removed from the agenda in advance of the meeting by way of an amendment to the agenda.] COUNCIL ACTION Al PUBLIC HEARING: Ordinance No. 2022.013: Relating to Development; approving a rezoning of approximately 7.0 acres of land located south of Grier Road and east of Sanders Road from Zone A - Small Lot Zone and R-6 (Single- Family Residential) to Neighborhood Commercial (NC) (Brian D. Varney) Mayor Honea opened the public hearing at 6:13 PM. Senior Planner Brian Varney presented on this item. A copy of the PowerPoint presentation is on file with the Town Clerk's Office. Mr. Varney said this rezoning request was submitted by Paradigm Land Design, LLC on behalf of the Barnett Family Trust. He said the subject property consisted of seven acres of land located at the southeast corner of Grier Road and Sanders Road. Current zoning for that land is R-6 (Single-Family Residential) and Zone A - Small Lot Zone. The applicant is requesting to rezone the subject property to Neighborhood Commercial (NC). The 2040 General Plan land use category for the subject property is Traditional Neighborhood (TN), which Mr. Varney stated accommodates the proposed rezoning. Mr. Varney explained that the subject property is bounded on the north by the Marana Town Center Specific Plan, on the west and east by Zone A - Small Lot Zone, and on the Council Regular Meeting Summary Minutes October 4,2022 Page 3 of 9 south by the Villages at Barnett development, which is currently under construction. He showed a slide illustrating the preliminary development plan, and explained that the plan anticipates a mixture of residential-scale commercial uses and designates four pads from west to east as standard commercial uses with a fifth pad designated as standard office use. Mr. Varney stated the Planning Commission voted unanimously, 7-0, to recommend approval of this rezoning request. Vice Mayor Post asked if there was an improvement plan for Grier Road,since it is lower in elevation and floods consistently. He asked if this development would be involved in the improvement plan. Mr. Varney stated there is an improvement plan for Grier Road. Council Member Ziegler asked if the Grier Road improvements would occur at the same time the subject property is developed. Mr. Varney stated Grier Road in this area would need improvements for this project to go forwards and that Town staff would get back to the Council with more specific information. Mr.Paul Oland with Paradigm Land design highlighted the larger buffer and screen wall along the southern edge of the subject property along with the office-use condition on the pad to the east. Council Member Craig stated the proposed building height restriction was 35 feet or less. She asked if the buildings would be restricted to one-story. Mr. Oland stated it would depend on the end-user, but the 35-foot restriction allows for flexibility. Mayor Honea expressed concern regarding parking space. Mr. Oland said the concept plan includes cross-connectivity between the pads. Mayor Honea asked if access to the subject property was limited to Grier Road. Mr. Oland said that was the current plan. Mayor Honea closed the public hearing at 6:21 PM. Vice Mayor Post moved, and Council Member Ziegler seconded the motion, to adopt Ordinance No. 2022.013. Motion passed, 5-0. A2 PUBLIC HEARING: Ordinance No. 2022.016: Relating to Development; approving a rezoning of approximately 165 acres of land located east of Interstate 10, east and west of Adonis Road, and approximately 1.2 miles north of Tangerine Road from Zone E (Transportation Corridor) to R-4 (Residential), R-5 (Residential), and MR-i (Multi-Family Residential) (Brian D. Varney) Mayor Honea opened the public hearing at 6:22 PM. Council Regular Meeting Summary Minutes October 4,2022 Page 4 of 9 Senior Planner Brian Varney presented on this item. A copy of the PowerPoint presentation is on file in the Town Clerk's Office. Mr.Varney stated this rezoning request was submitted by Paradigm Land Design, LLC on behalf of the property owner, CLB Real Property Holding Company, LLC. The request involved a rezone from Zone E (Transportation Corridor) to R-4 (Residential; Single-Family Residential), R-5 (Residential; Single-Family Residential), and MR-1 (Residential; Multi-Family Residential). The subject property is part of the Stonegate Master Plan, and it consists of 165 acres of land located east of Interstate 10,east and west of Adonis Road,and 1.2 miles north of Tangerine Road and has capacity for a maximum of 777 lots. The 2040 General Plan land use designation for the subject property is Traditional Neighborhood, which accommodates residential densities of 2.0 to 18.0 dwelling units per acre. Mr. Varney explained that the requested rezoning wraps around the Tortolita Shadows Specific Plan and the Rancho Marana Specific Plan areas. He showed a slide illustrating the preliminary development plan,and explained that the plan breaks the zoning districts into to 55.6 acres of R-4, 86.5 acres of R-5, and 10.2 acres of MR-1. Under the Stonegate Master Plan, the developer is permitted to develop up to 3,915 lots. Mr. Varney stated the Planning Commission voted unanimously, 6-0, to recommend approval of this rezoning request. Mayor Honea expressed concern regarding adequate water, wastewater, and drainage infrastructure in the area of the subject property. He asked if there is adequate infrastructure to accommodate this project. Mr. Varney said there was, and that there were improvement plans for the area. He said there is still a lot of work that needs to be done, but the applicant wanted to receive the rezoning first. Mayor Honea asked if part of the drainage for the subject property flowed through the Mandarina development. Mr. Varney said he believes it would, and that the applicant assured Town staff it has been working with the developer of Mandarina on this issue. Mayor Honea closed the public hearing at 6:26 PM. Council Member Ziegler moved to approve Ordinance No. 2022.016. There was no second. Council Member Comerford expressed infrastructure concerns in light of the large number of houses permitted. Mr. Varney said he believes the infrastructure will be adequate, and that the specifics would ultimately be determined at the platting process. He also confirmed the applicant understood that additional required infrastructure costs would come at the applicant's expense. Council Regular Meeting Summary Minutes October 4,2022 Page 5 of 9 Town Manager Terry Rozema clarified that the rezoning request did not add additional houses, but instead added additional acreage to the specific plan. Mayor Honea asked if there was a second to Council Member Ziegler's motion. Council Member Craig seconded the motion. Mayor Honea asked if there was further discussion. Vice Mayor Post asked Mr. Oland what the developer of Stonegate was expected to contribute to alleviate traffic concerns. Vice Mayor Post expressed concern regarding the stress 4,000 additional lots would add to the Marana Road and Tangerine Road interchanges. Mr. Oland highlighted that this rezoning did not involve the entire Stonegate project, and that the portion of Stonegate not subject to this rezoning request was already zoned for over 3,000 units. He said he believed the developer would not build anywhere near the 3,915 permitted units. He further explained the developer will widen Adonis Road and Moore Road to four lanes, along with providing other improvements. Vice Mayor Post said road improvements would be fine for the Stonegate development, but expressed concern with increased traffic at the interchanges. Council Member Comerford and Mayor Honea also expressed concern with the traffic issues at the interchanges. Vice Mayor Post asked if the applicant would contribute monetarily to interchange improvements. Mr. Oland said he was not in a position to commit to monetary contributions. Development Services Director Jason Angell suggested that the item be continued to allow Mr. Oland time to consult with his client. Mayor Honea stated that the Town spent Town funds on Adonis Road and can't afford to keep spending money up front. Council Member Ziegler said the reason the Town put forward the money for Adonis Road was because the Town owed a secondary access point the Adonis and San Lucas development residents. Mayor Honea asked if Council Member Ziegler or Council Member Craig would like to move forward with the proposed motion to approve the rezoning or if they would like to withdraw it. Council Member Ziegler withdrew her motion to approve. Council Regular Meeting Summary Minutes October 4,2022 Page 6 of 9 Town Attorney Jane Fairall asked whether the Council preferred to continue the public hearing to a date certain or preferred to table the item and re-advertise the public notice for a later hearing. Mr. Angell suggested November 1, 2022 or November 15, 2022 as possible dates, if the Council preferred a date certain. Council Member Ziegler moved, and Vice Mayor Post seconded the motion, to continue Item A2 to the November 15, 2022 Town Council meeting. Mayor Honea reopened the public hearing at 6:44 PM and closed the public hearing at 6:44 PM. Motion passed, 5-0. A3 Ordinance No. 2022.017: Relating to Land Development; revising Marana Town Code Title 17(Land Development),chapter 17-15 (Floodplain and erosion hazard management code), section 17-15-10 (Provisions for flood hazard reduction) to clarify timing of issuance of building permits and certificates of occupancy in special flood hazard areas; and designating an effective date (Jane Fairall) Town Attorney Jane Fairall presented on this item. Ms. Fairall explained that the proposed ordinance would revise the Marana Town Code to allow the Town to issue building permits at the time a developer obtains a Conditional Letter of Map Revision (CLOMR)from the Federal Emergency Management Agency (FEMA). Under the revised Code provision,certificates of occupancy would be withheld until the developer received the final Letter of Map Revision (LOMR) from FEMA. This change would allow development to occur at the developer's own risk while waiting for the LOMR, and she said that internal policies would be developed to ensure the Town and its citizen's were protected. Ms. Fairall explained the reason for the proposed change stemmed from the lengthy delays between the time FEMA issues CLOMRs and LOMRs. In response to a question by Mayor Honea, Ms. Fairall clarified that the proposed Code revision would not allow for certificates of occupancy before the LOMR is effective, but it would allow building permits if the developer was in possession of a CLOMR. Mayor Honea and Council Member Comerford expressed concern with the change, particularly regarding the risk to the Town in the event of a flood where the developer of a developed project did not have a LOMR. Ms. Fairall said this was a riskier approach than what is currently in Code, but said that internal policies, such as hold harmless agreements, would be in place to make sure the Town is protected. Ms. Fairall said the proposed process would be similar to what is done with variance requests.The difference Council Regular Meeting Summary Minutes October 4,2022 Page 7 of 9 here is that this would be a blanket provision handled administratively by Town staff in place of variance requests coming before the Town Council. Council Member Ziegler asked who among Town staff would have the decision-making authority under the proposed Code change. Ms. Fairall stated it would be the Town Engineer. Council Member Ziegler said she would support the Town Engineer's approval of such requests. Mr.Rozema explained that the required engineering and property improvements are put into place at the time of the CLOMR and then developers must wait for the actual LOMR. The Code revision would allow developers to begin construction on buildings while waiting for the LOMR. He further explained the change is consistent how other jurisdictions approach the issue throughout the state. Council Member Craig asked how often changes occur between the time CLOMRs are issued and LOMRs are issued. Public Works Director Fausto Burrell stated that in his experience, he has seen minor comments and changes but has never seen a LOMR rejected for not being constructed correctly. He explained that the CLOMR is essentially the design and the LOMR is the as-built for what was constructed. He further explained that as long as the LOMR meets and adheres to the design as established in the CLOMR, it has always been accepted. Vice Mayor Post moved, and Council Member Ziegler seconded the motion, to adopt Ordinance No. 2022.017. Motion passed, 5-0. ITEMS FOR DISCUSSION POSSIBLE ACTION D1 Relating to Development and Public Works; update, discussion, and possible direction regarding public and private projects and development applications on the Town's Marana Current and Proposed Projects internet site (Jason Angell) Development Services Director Jason Angell provided an update on public and private projects and development applications in the Town, as currently listed on the following website:https://marana.maps.arcgis.com/apps/Shortlist/index.html?appid=f 7b306429 d29496797444b859afcc352. During his presentation, Mr. Angell answered questions about the various projects. EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. Council Regular Meeting Summary Minutes October 4,2022 Page 8 of 9 FUTURE AGENDA ITEMS Notwithstanding the Mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Mayor Honea asked for future agenda items. There were no future agenda items. ADJOURNMENT Mayor Honea asked for a motion to adjourn the meeting. Vice Mayor Post moved to adjourn the meeting. Motion passed, 5-0. Meeting adjourned at 7:05 PM. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 4, 2022. I further certify that a quorum was present. David L. Udall, Town Clerk 46& ffsaz MARANA AZ ESTABLISHED 1977 Council Regular Meeting Summary Minutes October 4,2022 Page 9 of 9