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Item # E.
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| Town Council Regular Session |
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| Information |
| SUBJECT: |
| Resolution No. (R)18-04, affirming that, with regard to the approximate 934 acres of State Land in Section 5 of T12S, R13E, and Section 32 of T11S, R13E, the Town intends to pursue annexation and does not have, nor does it intend to adopt, regulations requiring the fencing of open range livestock grazing or prohibiting mining on state land annexed into the Town |
| RECOMMENDATION: |
| Staff recommends approval. |
| EXECUTIVE SUMMARY: |
The 2017 Strategic Plan directs the Town to plan for growth of the community through annexations by creating an annexation strategy that reflects sound financial planning. On the western boundary of the Town of Oro Valley, adjacent to the Town of Marana, there are two State-owned land parcels totaling approximately 934 acres located in Section 5 of T12S, R13E, commonly referred to as the Tangerine South section, and Section 32 of T11S, R13E, commonly referred to as the Tangerine North section. The Town is interested in annexing these parcels, and has engaged in discussions with the Arizona State Land Department (ASLD) in this regard.
Please note the Town previously adopted Resolution No. (R)13-15 regarding the Tangerine South property, but is now including that parcel with the Tangerine North section as part of this resolution and the same process moving forward intended to pursue annexation. Therefore, there is some overlap between the previously-adopted resolution and the one being presented this evening.
Related to the above paragraph, Councilmember Joe Hornat received a letter in 2013 from then State Land Commissioner Vanessa P. Hickman outlining three specific items required in order to move forward with the annexation, in which ASLD has again requested these same items as a standard formality regarding both the northern and southern parcels:
- A no-objection letter from the Town of Marana
- A waiver of town ordinance requirement for fencing of open range livestock grazing
- An agreement not to enact of apply ordinances or regulations prohibiting mining on the State Land
Also attached to this communication is an updated no-objection letter from the Town of Marana, dated June 30, 2017, which is included as Attachment 2. The attached resolution (Attachment 1) is intended to address the remaining items.
Although this request is a standard formality related to livestock grazing and mining, Town staff does not anticipate either of these activities to actually occur on these two parcels. |
| BACKGROUND OR DETAILED INFORMATION: |
Section 5 of T12S, R13E contains an approximate 574-acre parcel that is currently located in unincorporated Pima County. Section 32 of T11S, R13E contains an approximate 360-acre parcel that is also currently located in unincorporated Pima County. A map of the subject properties is included as Attachment 3.
This area is currently subject to Pima County Zoning, which the state has the ability to override with regard to mining and grazing on 5 or more commercial acres (ARS 11-812). While there is nothing specifically related to grazing or mining in the Oro Valley Zoning Code Revised, the Town does have the ability to regulate grazing and mining. This request is an effort to preserve the state's existing exemptions from county zoning. However, Town staff does not anticipate that grazing or mining will be realistic uses for these properties.
Should the Town and ASLD move forward with this annexation, it is anticipated that these items, as well as the future use of the property, will be further addressed through a pre-annexation development agreement. |
| FISCAL IMPACT: |
| N/A |
| SUGGESTED MOTION: |
| I MOVE to (adopt or deny) Resolution No. (R)18-04, affirming that, with regard to the approximate 934 acres of state land in Section 5 of T12S, R13E and Section 32 of T11S, R13E, the Town intends to pursue annexation and does not have, nor does it intend to adopt, regulations requiring the fencing of open range livestock grazing or prohibiting mining on the state should it be annexed into the Town. |
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