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HomeMy WebLinkAboutOrdinance 2004.26 Rezoning the tortolita vistas specific plan .\. F. ANN RODRIGUEZ, RECORDER DOCKET: 12464 RECORDED BY: D_K PAGE: 4000 DEPUTY RECORDER NO. OF PAGES: 4 7864 PEl SEQUENCE: 20050051290 SMARA 01/07/2005 TOWN OF MARANA ORDIN 16:18 ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2004.26 RELATING TO DEVELOPMENT; REPEALING ORDINANCE NO. 2004.18 AND APPROVING A REQUEST BY COTTONWOOD PROPERTIES TO REZONE APPROXIMA TEL Y 230 ACRES OF LAND FROM R-144 (SINGLE F AMIL Y RESIDENTIAL, 144,000 SQUARE FEET MINIMUM LOT AREA) TO "F" (TORTOLITA VISTAS SPECIFIC PLAN). WHEREAS, the property owner for land within the Tortolita Specific Plan ("Property Owner" or "Developer") filed a proper request to modify the zoning of the property to Zone F, Specific Plan in accordance with the Marana Land Development Code; and WHEREAS, the Tortolita Vistas Specific Plan was reviewed by the Town's Planning Commission on May 16, 2004, and forwarded to Mayor and Council in accordance with the Land Development Code; and WHEREAS, the Mayor and Council considered the recommendations and adopted Ordi- nance No. 2004.18; and WHEREAS, the Ordinance did not become effective for 30-days after adoption pursuant to the Marana Land Development Code; and WHEREAS, referendum petitions were filed by Citizens for Responsible Growth in Ma- rana to refer approval of the Ordinance to the voters before it became operative, and as a result the Ordinance has not yet become operative; and WHEREAS, the Citizens for Responsible Growth in Marana have met with the Property Owner and identified additional land use restrictions that would further the purpose of the refer- endum; and WHEREAS, the Property Owner has prepared a Revised Tortolita Vistas Specific Plan and has requested Mayor and Council approve the Revised Tortolita Vistas Development Agreement; and WHEREAS, the Mayor and Council have provided notice to affected Property Owner in 1, :2 accordance with the Marana Land Development Code and held a hearing on the approval of the 4 Ei Specific Plan with the additional land use restrictions and received comments from interested tj persons; and ~;I WHEREAS, on the basis of the public hearing, and input from the Citizens for Respon- t.l, (l sible Growth in Marana, Town staff and the Property Owner, Mayor and Council have now de- IS~ termined that adoption of the Specific Plan with the additional land use restrictions will further ISI the purposes of the referendum and meet the objectives of the Town and are in the public inter- .wl<!.. est; - {00000444.DOC I} - 1 - FJClcds 12/29/2004 1 :35 PM c{ i -' NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. Marana Ordinance No. 2004-18 is repealed. Section 2. A minor amendment to the General Plan of approximately 230 acres of land located within a portion of Section 3l, Township II South, Range 13 East, on the south side of Moore Road, east of the Oldfathe~ road alignment and west of Thomydale (the "Rezoning Area"), changing the land use designation from Rural Density Residential to Master Planning Area. Section 3. The zoning of approximately 230 acres of land located within a portion of Section 31, Township 11 South, Range l3 East, on the south side of Moore Road, east of the Oldfather road alignment and west of Thomydale (the "Rezoning Area"), is hereby changed from Zone "R-144" (Single Family Residential, l44,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Tortolita Vistas Specific Plan. Section 4. The purpose of this rezoning is to allow the use of the Rezoning Area for sin- gle family detached dwellings on individually graded lots and undisturbed open space, subject to the following conditions, the violation of which shall be treated in the same manner as a viola- tion of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. This rezoning is valid for two years from the date of Town Council approval. If the De- veloper fails to have an effective Development Agreement in place and a final subdivi- sion plat recorded within such two-year time period, the Town may initiate the necessary action to revert the property to the previous zoning (R-144) upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. 4. The Developer shall submit a new transportation impact analysis (TIA) that shall be ac- ceptable to the Town Transportation Engineer. The TIA must be approved prior to the approval of the preliminary plat. 5. At the time that the local roads and/or disturbed areas are staked, a biologist will be on- 1 ~~ ..:;. site to protect valuable habitat and specimen trees where possible and determine the pri- '" I:"'i Ei mary do not disturb areas based on vegetation coverage and habitat. .::1 6. No approval, permit or authorization of the Town of Marana authorizes the applicant m 4, and/or the landowner to violate any applicable federal or state laws or regulations, or re- ISI ~~ lieves the applicant and/or the landowner from responsibility to ensure compliance with 1- all applicable federal and state laws and regulations, including the Endangered Species ,0.._ Act and the Clean Water Act. The Developer is advised to retain appropriate expert - 2 - - {00000444.DOC I} " and/or consult with the appropriate federal and state agencies to detem1ine any action necessary to assure compliance with applicable laws and regulations 7. The Developer shall dedicate, or cause to have dedicated, the half right-of-way of 75-feet that is adjacent to the property for Thomydale and Moore Roads, per the Town of Ma- rana adopted major routes plan. 8. A water service agreement and a master water plan must be submitted by the Developer, and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the first plat by the Town Council. 9. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 10. The design of all streets and circulation-related facilities shall be accepted by the North- west Fire District prior to the Planning Commission's consideration of the preliminary plat. l1. An annual report shall be submitted within 30 days of the anniversary of the Town Coun- cil's approval of the Specific Plan. In addition to those requirements listed in the Land Development Code and Specific Plan, the report shall provide an update to the current amount of site disturbance. ,,,.:-. 12. A homeowners association (HOA) shall be established, acceptable to the Town of Ma- ran a, to control, maintain, and manage the residential areas and open space. 13. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 14. The Town shall reserve the right to monitor and enforce the habitat management respon- sibilities of the HOA. 15. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100-year water supply designation. 16. The preliminary plat shall be in general conformance with the Land Use Concept of the ~ Specific Plan. .I., ,",~ ,.t, '!! l7. Upon adoption of the ordinance by the Mayor and Council approving the Tortolita Vistas Ei Specific Plan, the applicant shall provide the Planning Department with the following fi- ,a, ~;~ nal Tortolita Vistas Specific Plan: one non-bound original corrected as per the Planning It ,:.t. Director plus forty bound copies and one digital copy in Microsoft Word or other accept- I[~ f' able format within sixty days of the adoption, ~ l"~ ,<:. ",...-., - 3 - - {00000444.DOC I} , l Section 5. All Ordinances, Resolutions and Motions, and parts of Ordinances, Resolu- ~"'- tions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.l8. Section 6. This ordinance shall be effective only if it is legally operative within 45 days after the date of its passage. Section 7. This ordinance is intended to be adopted as a whole and not as separate or severable parts. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of January, 2005. ~"\"""'Il ~~OF ~ ~~ ~\\\""",,~ ~ ~O~ ~ ~ ::: ~ I CORPORATE \; ~ = :: c:cc:. = = - -SEAL is :: -s,: ~~ ~ ~ s ~ ~!i. I"\\~ ~ ~ 'IZ 19 ~ ~II!'IU\\\~ 1 ~~~ ..., .::1 b L! m III ~, Gl If~ ~3 ,-.., - {00000444.DOC I} -4- MARANA ORDINANCE NO. 2004.26 RELATING TO DEVELOPMENT; REPEALING ORDINANCE NO. 2004.18 AND APPROVING A REQUEST BY COTTONWOOD PROPERTIES TO REZONE APPROXIMATELY 230 ACRES OF LAND FROM R-144 (SINGLE F AMIL Y RESIDENTIAL, 144,000 SQUARE FEET MINIMUM LOT AREA) TO "F" (TORTOLITA VISTAS SPECIFIC PLAN). WHEREAS, the property owner for land within the Tortolita Specific Plan ("Property Owner" or "Developer") filed a proper request to modify the zoning of the property to Zone F, Specific Plan in accordance with the Marana Land Development Code; and WHEREAS, the Tortolita Vistas Specific Plan was reviewed by the Town's Planning Commission on May 16, 2004, and forwarded to Mayor and Council in accordance with the Land Development Code; and WHEREAS, the Mayor and Council considered the recommendations and adopted Ordi- nance No. 2004.18; and WHEREAS, the Ordinance did not become effective for 3D-days after adoption pursuant to the Marana Land Development Code; and WHEREAS, referendum petitions were filed by Citizens for Responsible Growth in Ma- rana to refer approval of the Ordinance to the voters before it became operative, and as a result the Ordinance has not yet become operative; and WHEREAS, the Citizens for Responsible Growth in Marana have met with the Property Owner and identified additional land use restrictions that would further the purpose of the refer- endum; and WHEREAS, the Property Owner has prepared a Revised Tortolita Vistas Specific Plan and has requested Mayor and Council approve the Revised Tortolita Vistas Development Agreement; and WHEREAS, the Mayor and Council have provided notice to affected Property Owner in accordance with the Marana Land Development Code and held a hearing on the approval of the Specific Plan with the additional land use restrictions and received comments from interested persons; and WHEREAS, on the basis of the public hearing, and input from the Citizens for Respon- sible Growth in Marana, Town staff and the Property Owner, Mayor and Council have now de- termined that adoption of the Specific Plan with the additional land use restrictions will further the purposes of the referendum and meet the objectives of the Town and are in the public inter- est; - {00000444.DOC I} - 1 - FJClcds 12/29/20041:35 PM .. ._,~.. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. Marana Ordinance No. 2004-18 is repealed. Section 2. A minor amendment to the General Plan of approximately 230 acres of land located within a portion of Section 3l, Township 11 South, Range 13 East, on the south side of Moore Road, east of the Oldfather road alignment and west of Thomydale (the "Rezoning Area"), changing the land use designation from Rural Density Residential to Master Planning Area. Section 3. The zoning of approximately 230 acres of land located within a portion of Section 31, Township 11 South, Range 13 East, on the south side of Moore Road, east of the Oldfather road alignment and west of Thomydale (the "Rezoning Area"), is hereby changed from Zone "R-144" (Single Family Residential, l44,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Tortolita Vistas Specific Plan. Section 4. The purpose of this rezoning is to allow the use of the Rezoning Area for sin- gle family detached dwellings on individually graded lots and undisturbed open space, subject to the following conditions, the violation of which shall be treated in the same manner as a viola- tion of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. This rezoning is valid for two years from the date of Town Council approval. If the De- veloper fails to have an effective Development Agreement in place and a final subdivi- sion plat recorded within such two-year time period, the Town may initiate the necessary action to revert the property to the previous zoning (R-144) upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. 4. The Developer shall submit a new transportation impact analysis (TIA) that shall be ac- ceptable to the Town Transportation Engineer. The TIA must be approved prior to the approval of the preliminary plat. 5. At the time that the local roads and/or disturbed areas are staked, a biologist will be on- site to protect valuable habitat and specimen trees where possible and determine the pri- mary do not disturb areas based on vegetation coverage and habitat. 6. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or re- lieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Developer is advised to retain appropriate expert - 2 - - {00000444.DOC I} and/or consult with the appropriate federal and state agencies to detem1ine any action necessary to assure compliance with applicable laws and regulations 7. The Developer shall dedicate, or cause to have dedicated, the half right-of-way of 75-feet that is adjacent to the property for Thomydale and Moore Roads, per the Town of Ma- rana adopted major routes plan. 8. A water service agreement and a master water plan must be submitted by the Developer, and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the first plat by the Town Council. 9. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 10. The design of all streets and circulation-related facilities shall be accepted by the North- west Fire District prior to the Planning Commission's consideration of the preliminary plat. 11. An annual report shall be submitted within 30 days of the anniversary of the Town Coun- cil's approval of the Specific Plan. In addition to those requirements listed in the Land Development Code and Specific Plan, the report shall provide an update to the current amount of site disturbance. 12. A homeowners association (HOA) shall be established, acceptable to the Town of Ma- rana, to control, maintain, and manage the residential areas and open space. 13. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 14. The Town shall reserve the right to monitor and enforce the habitat management respon- sibilities of the HOA. 15. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100-year water supply designation. 16. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 17. Upon adoption of the ordinance by the Mayor and Council approving the Tortolita Vistas Specific Plan, the applicant shall provide the Planning Department with the following fi- nal Tortolita Vistas Specific Plan: one non-bound original corrected as per the Planning Director plus forty bound copies and one digital copy in Microsoft Word or other accept- able format within sixty days of the adoption. - 3 - - {00000444.DOC I} Section 5. All Ordinances, Resolutions and Motions, and parts of Ordinances, Resolu- tions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.18. Section 6. This ordinance shall be effective only if it is legally operative within 45 days after the date of its passage. Section 7. This ordinance is intended to be adopted as a whole and not as separate or severable parts. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of January, 2005. ~,,\,'n"'ll ~~OF~ ~ ~~\\""""'~~ !s~s CORPORAT~ ~ - c:::co - - - - - - II SEAL S :: ~ ~ ~ ~ ~ ~ s ~~ .\\~ ~ ""~~IZ. 19 ~~ '!IIU\\~ - {OOO00444.DOC I} -4-