HomeMy WebLinkAboutOrdinance 2022.026 Relating to Development; adopting revisions to Title 17 "Land Development" GABRIELLA CAZARES-KELLY, RECORDER 111 1 111 11 11111 1111111 11 11 111 11
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DEPUTY RECORDERO r�� SEQUENCE: 20223340022
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MARANA ORDINANCE NO. 2022.026
RELATING TO DEVELOPMENT; ADOPTING REVISIONS TO TITLE 17 "LAND
DEVELOPMENT" OF THE MARANA TOWN CODE, INCLUDING ADDING
DEFINITIONS FOR SOLAR ENERGY SYSTEMS AND ENERGY STORAGE TO
SECTION 17-1-6 (DEFINITIONS), ADDING ZONING PROVISIONS FOR SOLAR
ENERGY SYSTEMS AND ENERGY STORAGE TO CHAPTER 17-4 "ZONING,"
REVISING CHAPTER 17-6 "GENERAL DEVELOPMENT REGULATIONS" TO ADD
NEW SECTION 17-6-11 (SOLAR ENERGY SYSTEMS AND ENERGY STORAGE
FACILITIES); AND OTHER VARIOUS REVISIONS TO TITLE 17 OF THE MARANA
TOWN CODE; AND DESIGNATING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, as follows:
SECTION 1. The revisions to Title 17 "Land Development" of the Marana Town
Code, including adding definitions for solar energy systems and energy storage to
Section 17-1-6 (Definitions), adding zoning provisions for solar energy systems and
energy storage to Chapter 17-4 "Zoning," revising Chapter 17-6 "General Development
Regulations" to add new section 17-6-11 (Solar energy systems and energy storage
facilities); and other various revisions to Title 17 of the Marana Town Code, one paper
copy and one electronic copy of which are on file in the office of the Town Clerk, which
were made a public record by and attached as Exhibit A to Resolution No. 2022-119 of
the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this
ordinance as if fully set out here.
SECTION 2. The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and 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hereby repealed, effective as of the effective date of this ordinance.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, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. This ordinance is effective on the 31st day after its adoption.
00084947.DOCX/1
Ordinance No.2022.026 - 1 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 15th day of November, 2022.
ATTEST:
David L. Udall, Town Clerk
MAUNA AZ
ESTABLISHED 1977
Mayor E4 Honea
APPROVED AS TO FORM:
Jan irall, Town Attorney
00084947.DOCX /lOrdinance No. 2021.XXX - 2 _
MARANA RESOLUTION NO. 2022-119
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2022.026,
REVISIONS TO TITLE 17"LAND DEVELOPMENT" OF THE MARANA TOWN CODE,
INCLUDING ADDING DEFINITIONS FOR SOLAR ENERGY SYSTEMS AND ENERGY
STORAGE TO SECTION 17-1-6 (DEFINITIONS), ADDING ZONING PROVISIONS FOR
SOLAR ENERGY SYSTEMS AND ENERGY STORAGE TO CHAPTER 17-4 "ZONING,"
REVISING CHAPTER 17-6 "GENERAL DEVELOPMENT REGULATIONS" TO ADD
NEW SECTION 17-6-11 (SOLAR ENERGY SYSTEMS AND ENERGY STORAGE
FACILITIES); AND OTHER VARIOUS REVISIONS TO TITLE 17 OF THE MARANA
TOWN CODE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the revisions to Title 17"Land Development" of the Marana
Town Code, adding definitions for solar energy systems and energy storage to Section
17-1-6 (Definitions), adding zoning provisions for solar energy systems and energy stor-
age to Chapter 17-4"Zoning,"revising Chapter 17-6"General Development Regulations"
to add new section 17-6-11 (Solar energy systems and energy storage facilities);and other
various revisions to Title 17 of the Marana Town Code,a copy of which is attached to and
incorporated in this resolution as Exhibit A and one paper copy and one electronic copy
of which are on file in the office of the Town Clerk, are hereby declared to be a public
record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th day of November, 2022.
l'i
\k\
Mayor Ed onea
ATTEST: APPROVED AS TO FORM:
__ 5'-‘ - 0 -
David L. Udall, Town Clerk Ja irald'IPown Attorney
XS.,
...... . .
00084948.DOCX/1 Es PANAAZ
0 1977
Resolution No.2022-119 - 1 -
EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2022.026
SECTION 1. Section 17-1-6 (Definitions) of the Marana Town Code is hereby
revised as follows (with additions shown with double underlining and deletions shown
with strikeouts):
17-1-6 Definitions
A. The following definitions are used in this title, unless a different meaning is
clearly indicated by the context or by a more specific definition:
[No revisions to subparagraphs 1 through 66]
67. Electric utili : A business .rovidin• ancillar services electric
distribution services, electric generation services, electric transmission
services and other services related to providing electricity to retail
customers.
68. Energy storage: Technologies that capture or absorb electricitystore it
as another form of energy (chemical, thermal, mechanical), and then
release it for use when it is needed.
69. Energy stora:e facility: Building, structure or land used for energy
storage.
[No revisions to existing subparagraphs 67 through 150 which are hereby
renumbered as subparagraphs 70 through 153]
151 154. Power plant: A facility that converts one or more energy sources,
including but not limited to water power, fossil fuels, or nuclear power;
or solar power, into electrical energy or steam. A power generation plant
may also perform either or both of the following: (a) operation of a
transmission system that conveys the energy or steam from the
generation facility to a power distribution system; (b) operation of a
distribution system that conveys energy or steam from the generation
facility or the transmission system to final consumers.
[No revisions to existing subparagraphs 152 through 182 which are
hereby renumbered as subparagraphs 155 through 185]
186. Solar energy system or solar power plant: A device or series of
mechanisms desi• ed for a utili _.rovider to .rovide heatin• to .rovide
coolin• to .roduce electrical .ower to .roduce mechanical .ower or to
provide any combination of the foregoing b means of collecting and
transferring solar generated energy into such uses either b active or
passive means.
[No revisions to existing subparagraphs 183 through 209 which are
hereby renumbered as subparagraphs 187 through 213]
240 214. Utility facility: Building, structure, or land used by a utility,
railroad, or governmental agency for uses such as, but not necessarily
limited to, water or sewage treatment plants or pumping stations,
00083440.DOCX/2
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EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to
Marana Ordinance No. 2022.026
substations, telephone exchanges, and resource recovery facilities,but not
including a power plant, a solar energy system or solar power plant, an
energy storage facility, and land, buildings, or structures used solely for
storage and maintenance of equipment and materials.
[No revisions to existing subparagraphs 211 through 218 which are
hereby renumbered as subparagraphs 215 through 222]
[No revisions to paragraphs B and C]
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EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to Marana
Ordinance No. 2022.026
SECTION 2. Chapter 17-4 "Zoning" of the Marana Town Code is hereby revised as
follows (with additions shown with double underlining and deletions shown with
strikeouts):
[No revisions to section 17-4-11
17-4-2 Use matrix
[No revisions to paragraphs A through C]
Table 2. Use matrix (only amendments to Table 2 are shown; the remainder of
Table 2 is unchanged)
Uses AG RA ER NR GR MR RR NC VC LI HI
Utilities
Accessory energy storage
facility U XX X X X X X X U U
Energy storage facility C XX X X X X X X C C
Power plant C EX X X X X X X X C C
Solar energy system/solar
power plant CCX X X X X X X C C
17-4-3 Use conditions matrix
The following table lists the conditions that apply to uses marked with a "U" in
Table 2 (Use matrix). Where a zoning group is listed in the "zone(s)" column, the
conditions apply to all zoning districts in that zoning group.
Table 3. Conditions per use (only amendments to Table 3 are shown; the
remainder of Table 3 is unchanged)
Use Zone(s) Condition(s)
Accessory energy storage AG,LI,'HI Must comply with all
facility development standards
for energy storage
facilities,as set forth in
section 17-6-11
Must be accessory to an
electric utility facility
Shall consist of a
maximum of 10% of total
land use per parcel
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EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to
Marana Ordinance No. 2022.026
[No revisions to section 17-4-4 through 17-4-18]
17-4-19 Zone C-large lot zone
[No revisions to paragraphs A through D]
E. Energy storage facilities. Energy storage facilities may be permitted in zone
C subject to the issuance of a conditional use permit pursuant to the
procedure set forth in section 17-3-2 (conditional use ermits , and in
com•liance with all develo.ment standards for ener i stora'e facilities
set forth in section 17-6-11
[No revisions to sections 17-4-20 through 17-4-26]
SECTION 3. Chapter 17-6 of the Marana Town Code is hereby renamed as
"General and Miscellaneous Development Regulations."
SECTION 4. Chapter 17-6 of the Marana Town Code, renamed as "General and
Miscellaneous Development Regulations" by section 3 of this ordinance, is hereby
revised by adding new section 17-6-11 (Solar energy systems and energy storage) as
follows:
17-6-11 Solar energy systems and energy storage facilities
A. The minimum requirements of this section, including the development
standards set forth in Table 1 (Development standards for solar energy
systems or energy storage facilities) below, shall apply to any solar energy
system or energy storage facility located in any zoning district.
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EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to
Marana Ordinance No. 2022.026
Table 1. Development standards for solar energy systems or energy storage
facilities
Development Standard Solarenergy systems Energy storage facilities
Maximum site area 200 acres 100 acres
Setbacks (minimum) AG zone: 40 foot perimeter AG zone: 40 foot perimeter
LI and HI zones: 30 foot LI and HI zones:40 foot
perimeter perimeter
Maximum structure height 16 feet 16 feet
Buffers (minimum) Parcels containing other Parcels containing other
solar energy systems: 2,000 energy storage facilities:
feet* 2,000 feet
Major roadwayst Major roadwayst
Interstate 10 (I-10) -Pinal Interstate 10 (I-10) -Pinal
county line south to Twin county line south to
Peaks Road interchange: Twin Peaks Road
1 mile interchange: 1 mile
Tangerine Road- Dove Tangerine Road- Dove
Mountain Boulevard Mountain Boulevard
west to I-10: 1/2 mile west to I-10: 1/2 mile
Twin Peaks Road- Twin Peaks Road-
Saguaro Highlands Drive Saguaro Highlands
west to town boundary: Drive west to town
1/2 mile boundary: 1/2 mile
Avra Valley Road-within Avra Valley Road-within
town's boundaries:1/2 town's boundaries:1/2
mile mile
Residential zoned parcel:
500 feet*
Abutting an existing
residential dwelling:
1,000 feet*
* Measured in a straight line from the boundary of each parcel
$Measured from right-of-way centerline on both sides
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EXHIBIT A TO MARANA RESOLUTION NO. 2022-119
Amendments to Marana Town Code, Title 17 "Land Development"pursuant to
Marana Ordinance No. 2022.026
B. The developer of a solar energy system or energy storage facility must
provide the town with a decommissioning plan for the site at the time of
development plan review. The plan must include the necessary funding
assurances to ensure the property is returned to its pre-development
condition, flat state or better, including remediating any environmental issue
caused by the solar energy system or energy storage facility.
C. If title to the solar energy system or energy storage facility is vested in a
special purpose entity, a written guaranty from its parent company must be
included with the decommissioning plan required by paragraph B, above,
fully binding the parent company to all the terms and conditions of the
decommissioning plan. If the solar energy system or energy storage facility is
leased, sold, or conveyed, the guaranty shall be fully binding upon the
successors and assigns of the special purpose entity and parent company, as
well as any other subsequent owner/operator of the solar energy system or
energy storage facility.
D. Solar energy systems and energy storage facilities shall be maintained in
good working order and in accordance with manufacturer and industry
standards. Any solar energy system or energy storage facility, or any
component of a system or facility, which becomes inoperable shall be made
operational or shall be removed from the property within one year of the
date the system or facility became inoperable,all at the owner's expense.
E. Approval granted to an individual property owner of a solar energy system
shall not be construed to bar owners or tenants of any adjacent property from
ordinary or permitted building, landscaping, or other accessory
improvements, even if such improvements may diminish the function of the
solar energy system.
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