MARANA PLANNING COMMISSION REGULAR COMMISSION MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 30, 2016, at or after 6:30 PM Thomas Schnee, Chairman Don Duncan, Vice Chair Terry Fehrmann, Commissioner Marcia Jakab, Commissioner Steve Miklosi, Commissioner Richard Miller, Commissioner John Officer, Commissioner Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Marana Planning Commission and to the general public that the Planning Commission will hold a meeting open to the public on November 30, 2016, at or after 6:30 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COMMISSION ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. MARANA PLANNING COMMISSION Welcome to this public meeting of the Marana Planning Commission. The Commission consists of seven citizens who are appointed by the Town Council and serve without pay. For the most part, the Commission acts in an advisory capacity to the Town Council on matters related to land use planning and zoning. Citizens are encouraged to address the Commission with their concerns on agenda items during the public testimony portions of the meeting, or other issues at the Call to the Public. Meeting Times Regular Commission meetings are usually held on the last Wednesday of each month at 6:30 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Speaking at Meetings If you are interested in speaking to the Commission during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Planning Commission Secretary prior to the convening of the meeting. All persons attending the Commission meeting, whether speaking to the Commission or not, are expected to observe the Commission rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return.
Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the Agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov. This Notice and Agenda posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov. REGULAR COMMISSION MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL CALL TO THE PUBLIC At this time, any member of the public is allowed to address the Planning Commission on any issue within the jurisdiction of the Planning Commission, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Commission must complete a speaker card (located at the rear of the Commission Chambers) and deliver it to the Commission Secretary prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Commission may respond to criticism made by those who have addressed the Commission, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. However, members of the Commission shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action. APPROVAL OF AGENDA ANNOUNCEMENTS GENERAL ORDER OF BUSINESS A. Approval of the October 26, 2016 Meeting Minutes B. Public Hearings
1. PUBLIC HEARING: PCM1611-001 Amending Title 17 (Land Development), Chapter 17-5 (Subdivisions), Section 17-5-2 (Procedure) of the Marana Town Code by re-inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Recommendation to the Town Council to approve an amendment to reinstate inadvertently-omitted accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots (Frank Cassidy) C. Commission Action Opening remarks by an applicant should not exceed ten minutes. Comments by others should not exceed three minutes. D. Informational Items/Possible Action Items FUTURE AGENDA ITEMS EXECUTIVE SESSIONS Pursuant to A.R.S. 38-431.03, the Planning Commission may vote to go into executive session, which will not be open to the public, to discuss certain matters. Executive Session pursuant to A.R.S. 38-431.03(A)(3), the Planning Commission may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. ADJOURNMENT
Planning Commission Meeting Date: 11/30/2016 To: From: Planning Commission Terri Byler, Executive Assistant Date: November 30, 2016 Subject: Approval of the October 26, 2016 Meeting Minutes Planning Commission Draft Minutes 10/26/2016 Attachments
PLANNING COMMISSION MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 26, 2016, at or after 6:30 p.m. Thomas Schnee, Chairman Don Duncan, Vice Chair Terry Fehrmann, Commissioner Marcia Jakab, Commissioner Steve Miklosi, Commissioner Richard Miller, Commissioner John Officer, Commissioner REGULAR PLANNING COMMISSION MEETING CALL TO ORDER. Chairman Schnee called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE. Led by Chairman Schnee. ROLL CALL. Terri Byler, Planning Commission Secretary, called roll. All Commission Members were present. A quorum was present. CALL TO THE PUBLIC. Several Dove Mountain residents expressed their concerns with the future proposed rezoning of the Tapestry Specific Plan. APPROVAL OF AGENDA. Motion to approve by Commissioner Jakab, seconded by Commissioner Miklosi. Passed unanimously. ANNOUNCEMENTS. A work session for the Land Development Code Update has been scheduled for Tuesday, November 15, 2016 at 6:00 p.m. Both Planning Commission and Town Council are invited to attend. (Ryan Mahoney) GENERAL ORDER OF BUSINESS. Approval of September 28, 2016 meeting minutes. Motion to approve by Commissioner Miklosi, seconded by Commissioner Officer. Passed unanimously. 1 P a g e
PUBLIC HEARINGS. 1. PCM1609-001 Amendment to the Marana Land Development Code Title 16 (Signs), adding Section 16-14-37 Road Construction Area Sign. Recommendation to the Town Council to approve an amendment to the Marana Land Development Code, Title 16 (Signs) consisting of new regulations pertaining to temporary signs for land uses located within a commercial or industrial zoning district and within an area subject to roadway related construction activity. (Brian D. Varney) Presented by Ryan Mahoney, who noted this item is a proposed change to the current sign code and was in response to the upcoming construction on Ina Road. Since the project is estimated to last two years, the Town set out to help mitigate some of the impact to those businesses. Staff came up with a variety of ideas, including signage, that would guide people from Thornydale Road to the construction area and a phone app that would provide live feeds on the status of the project, as well as information on the businesses in the area. The other component is to allow a change in the code, not limited to Ina Road, for future construction projects that create similar impacts to businesses. Commissioner Jakab asked where would the Town-branded signs be located Mr. Mahoney replied the signs would be placed at decision points on Thornydale Road; as you are approaching Ina Road from the north and from the south, and on Ina Road heading west. Commissioner Miklosi was in favor of this because it would help the businesses along Ina Road. Motion to approve by Commissioner Jakab, seconded by Commissioner Miklosi. Passed unanimously. 7-0 2. PCZ1512-001 Twin Peaks Estates Rezoning; A request for recommendation to the Marana Town Council for approval to rezone approximately 45 acres of land from R-36 (singlefamily residential) to R-6 (single-family residential). The property is generally located east of Camino de Manana approximately 1/8 mile south of the Desert Falcon Lane alignment within a portion of Section 12, Township 12 S, Range 12 E. (Brian D. Varney) Presented by Mr. Mahoney, this is a proposal for a rezoning, located east of Camino de Mañana and south of Desert Falcon Lane and north of the recently entitled property - the Preserve at Twin Peaks. The subject property is approximately 45 acres. Roughly 14.5 acres will be developed as residential lots with the remainder reserved for roadways, infrastructure, open space and a neighborhood park. A proposed 10-foot-wide shared-use path along Camino de Manana would connect to the path provided by the Preserve at Twin Peaks. 82 lots comprised of one-story and two-story homes have been proposed. The lots would be subject to the Residential Design Standards as well as the Twin Peaks Corridor Study requirements. Access to the site would be provided at two locations off of Camino de Manana. A few comment letters were received, namely from the owners of the Twin Peaks Vistas and the Preserve at Twin Peaks regarding the sewer and seeking the cooperation to share in the cost of extending the sewer. Because of this, they are asking for a zoning condition. Typically we don t involve ourselves directly, but we can help facilitate a discussion; preferably prior to this item going before the Town Council. 2 P a g e
Brian Underwood - Planning Center - stated the plan proposes 82 one- and two-story singlefamily homes. 53% of the site would be designated as open space. In addition to the proposed homes, several walking paths are also planned as well as a 100-foot natural open space buffer along the eastern boundary. Single-story homes are planned along Camino de Mañana and a 4- foot wall along the backside of the cul-de-sacs would be installed to mitigate any light trespass from vehicles. Commissioner Jakab wanted to know if the two access locations were chosen because of the topography. Mr. Underwood Yes, the location options were limited because of topography and onsite washes. Commissioner Officer wanted to know if it would be possible to add landscape buffers, instead of the 4-foot walls, to the end of the cul-de-sacs. Mr. Underwood replied that they would be willing to look at a vegetative screen as opposed to a wall. Chairman Schnee opened up the public portion of the hearing. Paul Udorvich was opposed to the rezoning. He currently owns property directly north of the subject property. Mr. Udorvich has requested a 100-foot setback. Pat Lee was opposed to the rezoning. He was concerned about the light trespass from the development and would like to see single-story homes throughout. Mr. Lee was also concerned about the condition of Camino de Mañana and the possible increase in traffic. Chairman Schnee asked if there were any future plans to address the issues on Camino de Mañana. Mr. Mahoney stated that there were no current plans to rebuild the road. The main issue is that a portion of the road is in Pima County. Richard Neter property owner of the Twin Peaks Vista project, and Joel Abrams who represents the two partnerships that own the Preserve at Twin Peaks, stated there were some obstacles that needed to be addressed before they could develop their properties; namely water and sewer. Both Mr. Neter and Mr. Abrams agreed to cooperate in the share the cost of bringing the sewer in. They requested an added condition that would require all those who rezone, participate in the offsite costs. Jeff Corbin was opposed to the rezone. He requested a 100-foot buffer and maximum elevation on the rooflines. Len Paradise, Grey Carpenter and Patty Miller were opposed to the rezoning. Ms. Miller had a concern regarding the watershed. Mr. Underwood stated, by the Town Code they were not allowed to increase the flow or velocity of water outside of the property. All potential increases and flow would need to be retained onsite. Culverts and drainage basins would be added to convey those flows. Chairman Schnee closed the public portion of the hearing. Vice Chair Duncan asked for an update on the plans for the sewer line. Mr. Underwood given the timing in the coordination with the individuals at the Preserve at Twin Peaks, they weren t able to get an agreement in place but would like to negotiate with them on extending the sewer infrastructure prior to Town Council. Directing his question to Frank Cassidy, Chairman Schnee asked for guidance on adding an appropriate condition regarding the sewer extension, should the Commission approve the rezoning. Mr. Cassidy mentioned that the other two properties don t have a similar condition. The rules have changed over time at the county. Until a year ago the first person in would acquire a protected line agreement that would require participation from anyone connecting into that line for a number of years. 3 P a g e
The county has discontinued that option so those affected are left to try to work these things out on their own. At this point, from the staff s perspective, we think it would be better to let the marketplace work itself out. If you chose, you could recommend a condition to Council that if an agreement hasn t been reached by the time this item comes before them, they would not move forward with the rezoning. Another alternative is to state in the conditions of rezoning, This developer shall participate in a fair share basis in the cost of constructing sewer infrastructure to serve not only this property, but the regional infrastructure necessary to serve this area. Commissioner Miklosi in other words, if any of the other parties choose not to participate they could still benefit? Mr. Cassidy that is true. That has always been the problem and why we came up with development impact fees. But in 2011, the legislature strongly limited our ability so now we are back to the old rules of first person in has to construct the entire infrastructure and with the county taking away the protected main provision, it limits it even further. Chairman Schnee your legal advice is to let the free market take care of this? Mr. Cassidy that is my practical advice, my legal advice is you are legally authorized to impose a condition that they pay their fair share for sewer and you can make it as part of your recommendation to the Council, that they not approve it if there is not an agreement by the time this item is in front of them. Chairman Schnee stated he was leaning towards letting the two developers resolve this prior to Council and not add a condition as this time. Commissioner Miklosi agreed with Chairman Schnee. Commissioner Miller, Fehrmann and Officer felt that the developers should work it out between themselves. Chairman Schnee liked the park, the path and the 100-foot setback. He had no issues with the 4-foot barrier (wall or vegetation,) as long as it was functional. Chairman Schnee had no concerns regarding the single story. He liked the idea of a 75-foot setback and a 90% vegetation screening along the northern border. Commissioner Officer liked the layout and the location of the two-story lots. Commissioner Miklosi wanted to know if there were any options with relocating the top three lots. Mr. Underwood it would be difficult to relocate the lots due to the washes that run through the property. Commissioner Miller preferred a 100-foot setback but would accept a 75-foot setback. Commissioner Jakab preferred the 100-foot setback because it would benefit both those who live in as well as outside the subdivision. Vice Chair Duncan preferred a minimum of 75-foot setback. Commissioner Fehrmann would like to see 50% single-story homes, 75-100-foot setback and 90% vegetative screening remain. Motion to approve, subject to the following added conditions; include a 100-foot setback with a 75% vegetative buffer along the northern border of the project, add 4-foot buffer walls to the end of the three cul-de-sacs, and all homes along Camino de Mañana be limited to single story, by Vice Chair Duncan, seconded by Commissioner Miller. Passed unanimously. 7-0 COMMISSION ACTION. INFORMATIONAL ITEMS/POSSIBLE ACTION ITEMS. Recommendation to move the following Planning Commission meeting; December 28, 2016 to December 21, 2016. (Ryan Mahoney) Motion to move December Planning Commission meeting to December 21, 2015 by Vice Chair Duncan, seconded by Commissioner Jakab. Passed unanimously. 7-0 4 P a g e
FUTURE AGENDA ITEMS. ADJOURNMENT. Motion to adjourn at 8:45 p.m. by Commissioner Jakab, seconded by Commissioner Fehrmann. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Planning Commission meeting held on October 26, 2016. I further certify that a quorum was present. Terri Byler, Planning Commission Secretary 5 P a g e
Planning Commission Meeting Date: 11/30/2016 To: From: Planning Commission Frank Cassidy, Town Attorney Date: November 30, 2016 Strategic Plan Focus Area: Not Applicable Subject: PUBLIC HEARING: PCM1611-001 Amending Title 17 (Land Development), Chapter 17-5 (Subdivisions), Section 17-5-2 (Procedure) of the Marana Town Code by re-inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Recommendation to the Town Council to approve an amendment to reinstate inadvertently-omitted accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots (Frank Cassidy) Discussion: Ordinance 2006.09 created an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Ordinance 2015.021 reformatted portions of the separate Marana Land Development Code and moved them into Title 17 (Land Development) of the Marana Town Code, and inadvertently deleted the accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Town staff recently noticed the omission, and now requests that the inadvertently deleted language be re-inserted. Staff Recommendation: Staff recommends that the Planning Commission recommend approval of PCM1611-001, amending Section 17-5-2 (Procedure) of the Marana Town Code by re-inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Suggested Motion: I move to recommend approval of PCM1611-001, amending Section 17-5-2 (Procedure) of the Marana Town Code by re-inserting an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots. Ord_small_subdivisions Attachments
MARANA ORDINANCE NO. 201.XXX RELATING TO DEVELOPMENT; AMENDING TITLE 17 (LAND DEVELOPMENT), CHAPTER 17-5 (SUBDIVISIONS), SECTION 17-5-2 (PROCEDURE) OF THE MARANA TOWN CODE BY RE-INSERTING AN ACCELERATED PROCEDURE AND MODIFIED IMPROVEMENT REQUIREMENTS FOR SUBDIVISIONS WITH TEN OR FEWER LOTS WHEREAS Marana Ordinance No. 2006.09 created an accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots; and WHEREAS Marana Ordinance No. 2015.021 reformatted portions of the separate Marana Land Development Code and moved them into Title 17 (Land Development) of the Marana Town Code; and WHEREAS Marana Ordinance No. 2015.021 inadvertently deleted the accelerated procedure and modified improvement requirements for subdivisions with ten or fewer lots; and WHEREAS the Mayor and Council of the Town of Marana find that the inadvertently deleted language should be re-inserted. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 17 (Land Development), Chapter 17-5 (Subdivisions), Section 17-5-2 (Procedure) of the Marana Town Code is hereby amended by adding the following new subparagraph 3 to paragraph A ( Overview ), and leaving all other existing language in Section 17-5-2 unchanged: 1. Subdivisions of ten or fewer lots shall proceed through the following steps: a. Pre-application conference with the town. b. The submittal and approval of engineering plans for improvements as deemed necessary by the town engineer and planning director prior to final plat approval. c. Final plat submittal and review, and approval by the town council. d. Recordation of approved final plat with the Pima county recorder. 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. 00049510.DOCX /1 Ordinance No. 201.XXX - 1-11/1/2016 7:01 PM
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 shall become effective on [the 31 st day following the Town Council s adoption of this ordinance]. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this day of, 201. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00049510.DOCX /1 Ordinance No. 201.XXX - 2-11/1/2016 7:01 PM