HomeMy WebLinkAboutHerb Kai - 07/06/1999 - Resolution 99-61MINUTES OF REGULAR COUNCIL MEETING
MARANA TOWN COUNCYL
JULY 6,1999
X. GENERAL ORDER OF BUSINESS
A. Resolution 99-61 - PreliminAa Plat for Hartman 10: Request for approval of a 9-lot single
family detached home subdivision preliminary plat on 9.93 acres of currently vacant land
zoned R-36 (Single Family Residential, minimum lot size 36,000 sq. ft.). Identified as
parcel number 221-06-0310, located in a portion of the southwest quarter of Section 23,
Township 12 South, Range 12 East. The applicant is Sharpe & Associates, Inc., 4780 N.
Rocky Crest Place, Tucson, Arizona (Joel Shapiro)
Mr. Hein explained briefly that this item had been continued from a previous Council
meeting in order to allow Town staff the time to address concerns of the U.S. Fish and
Wildlife representatives. He concluded by stating that the Town staff felt comfortable to
proceed with this project. At this time, he turned the discussion over to Joel Shapiro,
Planning Director.
Council Member Kai declared a conflict of interest and stated that he would be abstaining
from the vote on this matter.
Mr. Shapiro gave a brief overview of the project history. He stated that the plat met the
Marana Land Development Code, conformed to the Town's General Plan, and was subject
to the Town's native plant preservation ordinance. He further stated that, following U.S.
Fish and Wildlife protocol, a survey resulting in no responses or sightings had been
conducted at the site to determine the existence of the cactus ferruginous pygmy-owl. Mr.
Shapiro continued by stating that prior to the issuance of a grading permit, a further survey
of the vegetation was required during the owYs breeding season to determine its existence
or non-existence in the area.
Ms. Carolyn Campbell, a member of a coalition of pro-conservation neighborhood
organizations, addressed the Council regarding objections and concerns with this project.
She requested that the Town delay any development in this area until further scientific
study had been accomplished regarding the pygrny?-owl as well as any other endangered
species.
Ms. Andra S. Ewton, representing Defenders of Wildlife, spoke before the Council and
stated that Marana, being the first jurisdiction to address proposed projects in designated
pygmy-owl critical habitat, had the symbolic task of setting the tone for the entire Tucson
basin in regard to land management. She further expressed her opposition to this project by
stating that Marana should institute a policy of no up-zoning on sensitive lands in the spirit
of the Pima County/Sonoran Desert Conservation Plan.
Mayor Sutton requested that Dan Hochuh, Town Attorney, address the meeting regarding
information the Town had gained from the U.S. Fish and Wildlife. Mr. Hochuh stated that
the Town's initial concern was that any action by the Town to improve this plat would
violate the Endangered Species Act, especially in light of the designation of the critical
habitat. He further stated that a legal opinion had been prepared and would be distributed
to the Council at a later date. Mr. Hochuh concluded by stating that all stages of the