HomeMy WebLinkAboutOrdinance 2004.23 Rezoning land known as Payson Farms
, F. ANN RODRIGUEZ, RECORDER DOCKET: 12469
~. RECOKDED BY: D K PAGE: 3489
DEPUTY RECORDER NO. OF PAGES: 4
7864 PEl SEQUENCE: 20050101017
SMARA 01/14/2005
TOWN OF MARANA ORDIN 15:25
ATTN: TOWN CLERK
13251 N LON ADAMS RD MAIL
MARANA AZ 85653
AMOUNT PAID $ 8.00
MARANA ORDINANCE NO. 2004.23
RELATING TO DEVELOPMENT; REZONING 107-ACRES OF LAND FROM "A" TO ZONE
"R-6" ON PROPERTY LOCATED SOUTH OF BARNETT ROAD AND EAST OF SANDERS
ROAD, COMMONLY KNOWN AS PAYSON FARMS.
WHEREAS, Tri-Marana Development is the owner of approximately 107 acres ofland
generally located at the southeast corner of Barnett Road and Sanders Road, within Section 28,
Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS, the Marana Planning Commission held a public hearing September 15,2004
and voted 4-0 to recommend that the Town Council approve said rezoning, adopting the
recommended staff conditions; and
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held January 4, 2005 and has
determined that the rezoning is in conformity with the General Plan and should be approved, subject
to conditions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The zoning of approximately 107 acres generally located at the southeast corner of Barnett
Road and Sanders Road, within Section 28, Township 11 South, Range 11 East is hereby changed
from "A" (Small Lot Zone) to "R-6" (Single Family Residential! 6000 sq. ft. minimum lot size).
Section 2. The purpose of this rezoning is to allow the creation of a residential neighborhood
subject to the following conditions:
1. Compliance with all provisions ofthe Town's codes and ordinances as current at the time of any :t
subsequent development, including, but not limited to, requirements for public improvements. :2
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2. This rezoning is valid for five years from the date of Town Council approval; if the developer G
fails to have a final subdivision plat recorded prior to the five years' the Town may initiate the ::-J
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necessary action to revert the property to the original zoning, upon action by the Town Council. ,.\1
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3. The applicant shall construct a temporary secondary access via Barnett Road or Sanders Road ,1-
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(pending completion of Tangerine Farms Loop Road construction) prior to the issuance of the Cl
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twenty-fifth residential building permit
4. The property owner shall not cause any lot split of any kind without the written consent of the
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Marana Ordinance No. 2004.23
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5. The applicant shall submit a TIA with the preliminary plat.
6. The Developer shall dedicate, or cause to have dedicated, an additional 190' feet of Right of
Way along the Western portion of Sanders Road and 90' of new Right of Way from Sanders
Road East to the connection point of Rancho Marana for the construction of Clark Farms Road.
7. A water service agreement and a master water plan must be submitted by the Developer and
accepted by the Utilities Director prior to the approval ofthe first plat by the Town Council.
8. The Developer shall develop a reclaimed water irrigation system, dedicated to the Town, to
distribute irrigation water to all properties and recreation areas within this development.
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 applicant shall comply with all design standards and guidelines within the Northwest
Marana Area Plan and Land Development Code with the first preliminary plat submittal.
11. The project shall comply with the construction design standards regarding noise level reduction
as stated in an 8/30/04 letter from the Marana Regional Airport.
12. Special landscape and design treatments shall be provided at project entry ways, as well as
perimeter walls, which create an individual identity for the project and consistency with the
Northwest Marana Area Plan.
13. The site shall be surveyed for archaeological resources before any ground disturbing activities
take place.
14. The property owner shall transfer with the final plat, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR Type I or Type II to the Town of Maran a
providing designation of assured water supply and water service to said property. If Type I or
Type II is needed on said property, the Town and developer/landowner shall arrive at an
agreeable solution to the use of those water rights appurtenant to said land.
15. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the
property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a
Development Agreement with the Town of Marana to reimburse the Town for this project's ~
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proportionate share for the cost of construction of the levee. ,(1[
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16. Potential buyers shall be notified that the property is located within the flight path of the :;:1
Northwest Marana Regional Airport. IS!
17. Potential buyers shall be notified that some or all ofthe property in this rezoning is subject to an :3:
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annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' \..""
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Association.
18. As per the July 28, 2004 Site Analysis and Tentative Development Exhibit II.B the following
range of lot sizes shall be provided on the plat:
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Marana Ordinance No. 2004.23
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. 6,050 square foot minimum - maximum 49% of the total lots
. 6,900 square foot minimum - maximum 28% of the total lots
. 7,800 square foot minimum - minimum 23% of the total lots
Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, 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. 2004.23.
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, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
4th day of January, 2005.
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Marana Ordinance No. 2004.23
Page 3
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Exhibit A
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The Southwest quarter of Section 28, Township, 11 South, Range 11 East Gila and Salt River Meridian,
Pima County, Arizona,
Except the South 825 feet thereof
Except the North 25 feet thereof as conveyed to the Town of Mar ana in the instnunent recorded in Docket
9014 at page 1535. Except the West 30 feet thereof as set forth therein.
Except any portion thereof lying within Sanders Road as it presently exists.
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