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HomeMy WebLinkAboutOrdinance 2008.06 Rezoning to create the Las Pilas Specific PlanF. ANN RODRIGUEZ, RECORDER DOCKET: 13263 '" RECORDED BY: JCC PAGE: 1359 DEPUTY RECORDER of ~I~q ~' ~ NO. OF PAGES: 10 0305 PE2 ~'~ I ~ SE UENCE li ~ ~ Q : 20080510324 TOWN OF MARANA ~~.~ ~~,~ 03/14/2008 ORDIN 14:29 A TTN: TOWN CLERK 9RIZ01`ZQ' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 10.50 9 ' A~AN ~ gR1ZON~' TOWN OF MARANA MARANA ORDINANCE N0.2008.06 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE LAS PILAS SPECIFIC PLAN ~~ d~;~ ~re Ordinance No. 2008.06 originally recorded at Docket 13248 , ~;~ Page 782 on February 22, 2008, without Exhibits A and B. It ~~~ is being re-recorded to include Exhibits A and B. ~~ !~ F. ANN RODRIGUEZ, RECORDER RECORDED BY: MRB ~.- DE PUT CORDER 1 PE 1 SMARA ,. TOWN OF ~ ~A ATTN: CLERK 115 W CIVIC CENTER DR A AZ 85653 DOCKET: 13248 PAGE: 782 °F ~r~tq /~ NO . OF PAGES : 7 ~~ O SEQUENCE : 20Q80360217 ' ~x .. °"02/22/2008 ' ~~~ ORD IN ~ . ~,~ . 16:2 2 ~ ~„,,s''`. i,,.. 9RIZ0~~ -"'~ r~ .~ AMOUNT PAID $ ~ 9^.00 ~` J MARANA ORDINANCE N0.2008.06 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE LAS PILAS SPECIFIC PLAN. WHEREAS, Tri-Marana Development Management and Consulting, LLC, are the property owners of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of 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 on December 19, 2007, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended 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 February 19, 2008, and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Town Center Planning Area and Medium-Density Residential to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township 11 South, Range 11 East, changing the General Plan designation from Town Center Planning Area and Medium-Density Residential to Master Planning Area. Section 2. The zoning of approximately 107.65 acres of land located north of Barnett Road, approximately one quarter mile east of Sanders Road, approximately one quarter mile west of Sandario Road, and south of Grier Road within a portion of the north half of Section 28, Township 11 South, Range 11 East (the "Rezoning Area"), is hereby changed from "A" (Small Lot Zone) to "F" (Specific Plan) creating the Las Pilas Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for a mix of residential densities and housing types, recreation and open space, and one and a half acres of commercial development, subj ect to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning Ordinance): Marana Ordinance No. 2008.06 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. The subject rezoning site shall be limited to a maximum of 420 residential lots /units. 3. The developer shall dedicate, or cause to have dedicated, the necessary right-of--way for Tangerine Farms Road, and other right-of--way as determined appropriate by the Town of Marana, either by final plat or upon request by the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. Prior to final plat. approval, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having all of the Property annexed into a fire district or otherwise provide for fire protection service. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 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 of any Final Plat by the Town Council. 8. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 9. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, 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 Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Property, the Town and developer/ landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Final Plat by the Town Council. 11. The owner/ developer shall complete the construction of all necessary public and/or private sewerage facilities as required by all applicable agreements and all applicable regulations, including the Clean Water Act and those promulgated by ADEQ before treatment and conveyance capacity in the downstream public sewerage system will be permanently committed for any new development within the specific plan area. 12. Based on the data found and recommendations made in the TIA, the following roadway improvements shall be the developer's responsibility to design and construct: a. The segment of Tangerine Farms Road (to its ultimate cross-section width) along the project's frontage. Marana Ordinance No. 2008.06 b. A left-turn lane on westbound Grier Road at Tangerine Farms Road. c. A left-turn lane on westbound Grier Road at the project's driveway on that roadway. d. A left-turn lane on eastbound Grier Road at Sandario Road. e. Any other required roadway improvements based on the data in the traffic studies prepared during the platting or development stages of this project. 13. Per the Northwest Fire District, language to be agreed upon by the Developer, builder, and Northwest Fire will be required on all subsequent subdivision plats and development plans establishing the Homeowner's Association as the entity responsible for the enforcement of parking restrictions within the Las Pilas development. 14. All homes within the Residential Area `R-C' (Green Court) will be equipped with automatic fire sprinklers. 15. Northwest Fire District will require additional fire hydrants as specified by Northwest Fire District in approval of the water plan. 16. No accessory structure will be located within ten (10) feet of a main structure. 17. This project is located within the Northwest Marana Transportation, and Marana Park Benefit Areas, and will be subject to those fees at time of permitting. 18. This project is located within Lower Santa Cruz River Flood Control Levee Project area. The Developer shall pay $500.00 per acre (107.65 acres) of the affected Property for bank protection. The total obligation of the Developer for Las Pilas is $53,825.00. The Developer shall determine how to pay this obligation for the development with approval of each final plat or commercial development plan. 19. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate the effects of the proposed development on the Marana Unified School District. Fees are to be collected at time of permit issuance. 20. All lots abutting the northern property line adjacent to existing residential properties fronting on Grier Road will be restricted to single-story structures. (See Exhibit B, attached). 21. Lots along the northern half of the eastern boundary of Residential Area `R-B', adjacent to the west property line of Assessor's Parcel Number 217-40-0150, shall be restricted to single story structures. (See Exhibit B, attached). 22. During the development review process, the property owners of the parcels south of the primary access into Las Pilas from the future Tangerine Farms Road alignment shall have the option to select, subject to approval from the Town of Marana, the location of access to their respective properties from the new roadway. This includes Assessor's Parcel Numbers.217-40-0150, 017A, 018A, and 019B. (See Exhibit B, attached). 23. All cultural resource requirements must be successfully completed. Prior to obtaining a Certificate of Appropriateness and Certificate of Approval for this property allowing development to proceed, and prior to issuance of grading permits or any authorization for ground disturbance, a mitigation plan must be approved by the Town of Marana Environmental Engineering Division, and successfully implemented. Marana Ordinance No. 2008.06 24. Covenants, codes and restrictions will be established for this project, and a homeowner's association established to manage the open space areas, private streets and any undeveloped areas. The covenants, conditions, and restrictions must be submitted with each final plat. 25. Upon adoption of the Ordinance by the Mayor and Council approving the Las Pilas Specific Plan, the applicant shall provide the planning department with the following final edition of the Las Pilas Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format (on CD), within sixty days of the recordation of the 207 Waiver. 26. The Master Developer shall submit an annual status report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 27. The developer shall record an avigation easement with the recording of each final plat and upon approval of a commercial development plan. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §")19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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. 2008.06. Section 6. 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. 1i:, h` ~~~ ,~,. h"~~ ~;~ ~"~~ i~.. ~., r,~S Marana Ordinance No. 2008.06 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of February, 2008. -v~t,./~ Mayor Ed Honea ATTEST: f Jo lyn C. Br son, Town Clerk APPROVED AS TO FORM: F Ca 'idy, Town orney s~ of ~ ~s ~e~y~~~annrNi,,~~ ~s ~-~~~°0apor~rf a .., _ ~ ~ .. :s % ~' s •• ''j'~e®i~i~s-e~``~ Marana Ordinance No. 2008.06 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2008.06 JoN K. PosT and STAGY L. PosT, husband and wife, and DAVID HuM and MARY PALACIO-Hu1vI, husband and wife (all four of whom are collectively referred to in this instrument as the "Owners") own the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2008.06 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-07061, filed on behalf of the Owners, which the Marana Town Council approved with conditions on February 19, 2008 by passing the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this , c day of February, 2008. David Hum a~c~~-19~~- Mary Palacio-Hum STATE OF ARIZONA ) SS County of Pima The foregoing instrument was husband of Mary Palacio-Hum. My co 'is ' fires: {oooososo.DOC i} Hur~/PosT v~r~aai aeai NOTARY PUBLIC STATE OF ARIZONA County of Cochise ANNE EMMERICH My Comroiss'o^~ =xc'.e. : ~!v ~ 2608 ~~~ -1- 2008 by David Hum, Notary Public Las Pilas Specific Plan Prop 207 Waiver `~~C'al Seal NCTr'-~Y PUBLIC STA'E C= AR!ZCNA County of CCCr'~se ~ STATE OF ARIZONA ) ANNE EMMERICH SS My Commis cn cxC ~eS ..: ~ 248 _ - County of Pima ) ==ry _.~<~~~:~r~ The foregoing instrument was acknowledged be re eon Fe ru~y~~; 2008 by Mary Palacio- Hum, wife of David Hum. My com is~ expires: is ~ Arizona Nc`c, °ubllc, ''' ` Plma ~~y ~~ ~ STATE OF ARIZONA )gS '•i Comm.: . • spires ~ ,~ ~~ February ::.i, 2011 County of Pima ) - - - The foregoing instrument was acknowledged before me on Februa _, 2 08 by Jon K. Post, husband of Stacy L. Post. M~ mm~ sio~n~~pires: ,rw, LIS ~j } Ic ~~ Notary Public. State of Arizona ~` Plma County STATE OF ARIZONA My Commission Expires )SS ' r~l' February 28, 2011 County of Pima ) `-l The foregoing instrument was acknowledged before me on Feb _, 2008 by Stacy L. Post, wife of Jon K. Post. My c mm~ sion expires: ,v ~ Notary Public {ooooso8o.~oc i} HUt~t/POST - 2 - Las Pilas Specific Plan Prop 207 Waiver .EXHIBIT A l7aReEr_ 1: The-liVest Half of tine Northwest (Quarter of tt~e Northeast EQuarter of Section 28, Township'11 South, Range 1 '[ East, Gila and Salt River Base and lVlerirlan, Pima County, Arizona. 'EXCEPT the North '3f} feet thereof for Grier Roads as nova $statslisheii. FURTHER EXCEPT aN minerals, ores and metals- of every kind and.. character, :anti all .coal, ssphaitum, oit, gases,fertilizersr fossils and other tike •substances, reserved it Patent from the State t~f Arizona in Deed Book 74, page 52. PARCEL. 2: Tkie Northeast Quarter o€ the hlorthwest Quarter of Secfian 2$, Tawnsiip 11 South, Range '11 East, Gila .and Salt River Base and Meridian, Pima CQUnt~r, Arizona.. EXCEPT the Norfli 185 feet thereof and EXCEPT the South 328.09 feet of the North 510.09 feet of the East 618.60 feet thereof.. PAft`CEL 3: The Southeast Quarter of the Northwest Quarter of Section ~`8, Township ~ 1 South, Range 11 East, Gila and Stilt River Base and Meridian, Puna County, Arizona. EXCEPT the south ~5 feet thereof. '~~~ PAF~CEL 4: ~~" ~A~ ~w The East one-half of the Northwest tluarter of ttie lVartheast Quarter of Section 2$, Town~tip pia 11 South: Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; ~~ EXCEPT the North 30 feat thereof for Grier °Rd., as now established. ~~ ,~' 1~ARCEL 4A: A 15 foot excess irrigation water easement over the South 15 feet of the North 45 fleet of-the West one-halfi of the Northwest Quarter of the Northeast 4uarter of said Section 28. EXHIBIT B UNDEVELOPED LAND) - ZONE A DITIONAL 15' FT ROW LAS PILAS N {I sao' t68o` EXHIBIT: Land Use Concept Plan Project Site Location: Section 28 of Township ii South, Range ii East Acreage: Approximately 107.6 Legend Project Boundary B,A Residential {8000 SF min) ~-"~' Common Area "A" _ Commercial s~s Residential {6000 SF min) Ci-~ Common Area "8" , ~ Private Street R-C ` Residential {3600 SF min} p.~:.: Mutti-Family Right of Way Source: Pima County Lartd Information Systems, 2{)07 & Town of Marana GIS Dept. Las Pilas LeadStar ~ngi~eeri~q specific Plan