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HomeMy WebLinkAboutOrdinance 2005.09 Approving a rezoning and creating the sanders grove specific plan F. ANN RODRIGUEZ, RECORDER RECORDED BY: SGP DEPUTY RECORDER 1456 PEl SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: 12571 PAGE: 2703 NO. OF PAGES: 6 SEQUENCE: 20051120588 06/10/2005 ORDIN 15:57 MAIL AMOUNT PAID $ 8.50 RE-RECORD DUE TO SCRIVENER'S ERROR Marana Ordinance No. 2005.09 is being re-recorded due to a scrivener's error. Exhibit A was unintentionally left out when the ordinance was originally recorded at Docket 12502 Page 1968; it is being re-recorded for the sole purpose of including Exhibit A. SECTION 1 OF ORDINANCE 2005.09 IS: Include the language: "as depicted on Exhibit" A" attached hereto and incorporated herein by this reference," WAS: Omitted due to Scrivener's Error EXHIBIT A IS Included Was Omitted due to Scrivener's Error ], '2 !5 '7 i !f~ ~~ 'i~ 16~ :3 f!J I DOCKET: 12502 PAGE: 1968 NO. OF PAGES: 4 SEQUENCE: 20050430598 03/04/2005 15:12 RD MAIL-"",. . AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2005.09 RELATING TO DEVELOPMENT; APPROVING A REZONING OF 845-ACRES OF LAND FROM "R-144" TO ZONE "F" AND CREATING THE SANDERS GROVE SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 845- acres ofland located within portions of Sections 17 and 20, 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 November 17, 2004, and at said meeting voted 4-0 (Vice-Chair Clanagan, Commissioners Purcella and Schisler excused) to recommend that the Town Council approve said rezone, 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 December 21, 2004 and March 1, 2005 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Low Density Residential to Master Planning Area, and should be approved; and. 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 845-acres of land located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the west side of Sanders Road, s5uth of Hardin Road, east of Wentz Road and north of Marana Road (the "Rezoning Area"), is hereby approved, changing the land use designation from Low Density Residential to Master Planning Area. as depicted on Exhibit "A" attached to and incorporated her'in by S~fi582~Ifh~ zoning of approximately 845-acres of land located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the east side of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana Road (the "Rezoning Area"), is hereby changed from Zone "R-I44" (Single Family Residential, 144,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Sanders Grove Specific Plan. Section 3. The purpose ofthis rezoning is to allow the use ofthe Rezoning Area for single family detached and attached homes, with a 18.5-acre commercial development, subject 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 ofthis rezoning ordinance): {OOOOO555.DOC I}Marana Ordinance No. 2005.09 Page 1 of 4 t I>;::!I ~;:~ ,.:1 '7 i i1!:J1 "~II '.c, ~IJI' ,; i~~ ill , I I! l , ~ f.~ ,it i ... I. Compliance with all applicable provisions of the Town's Codes, adopted policies 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 five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years 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 in conformance with the Land Use Concept Plan, the Development and Design Guidelines and consistent with the Development Section of the Sanders Grove Specific Plan, pertaining to, but not limited, to voluntary contributions and other specified mitigations. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. 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 relieves 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 applicant is advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. Prior to the submittal of a Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of-Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed or administratively adjusted, as accepted by the Planning Director, to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of-Way Plan. The applicant shall hire a third party Transportation Planner, acceptable to the Town of Marana, to do a study to update the current Major Routes Rights-of-Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest of Sanders Road and the elimination of the southern collector alignment (Sagebrush Road). The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Sanders, Marana, Wentz, Hardin and Kirby Hughes Roads, and other established roads per the Town of Marana adopted Major Routes Right-of-Way Plan, as may be amended. 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 the water plans. 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 sewer plans. Before a certificate of occupancy or building services fmal is issued for any dwelling unit on the Property, 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 6. 7. 8. 9. 10. 11. {OOOOO555.DOC I}Marana Ordinance No. 2005.09 Page 2 of 4 j :~~ m:" ...~ ,..~' i ieiit ;t~: ,,"'\Il~ .f ~ I~::' ...1 Ii: '. , , 1\ ,j , ~ :~ ,:~ :.~ having the Property annexed into a fire district or otherwise provide for fire protection service 12. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plan. 13. The site shall be surveyed for archaeological resources and the recommendations from the surveyed will be followed before any development related 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 lor Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are 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 proportionate share for the construction cost of the levee. 16. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users I Association. 17. Potential buyers shall be notified that existing agricultural and livestock uses exist in the area and adjacent to the proposed development. Prior to the approval of the first final plat the Planning Director shall approve the method of notification. 18. An annual report shall be submitted 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 and Specific Plan. 19. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 20. Per the specific plan, the Master Developer shall improve and dedicate (minimum 20- acres) and/or provide a monetary contribution equaling a minimum fee of $1,000.00 per residential unit for regional and off-site park amenities, payable at building permit issuance, if not before. 21. The applicant shall address the correction identified in the Traffic Engineering memorandum dated February 13, 2005, prior to acceptance of the fmal specific plan document. 22. The applicant shall include additional graphic representations within the design criteria, to the satisfaction of the Planning Director, to clearly illustrate the intent and meaning of the established standards. 23. The applicant shall make changes to the Sanders Grove Specific Plan document as recommended by the Planning Director prior to acceptance of the final document and {OOOOO555.DOC J}Marana Ordinance No. 2005.09 Page 3 of 4 t I~~~ ,<t. ~~~ ':i" j, ~~ I~!: I''''"~; 1'1 il:] II~~ 1 j! ; ~ h ,I , ~ , ,,~ "",n provide two (2) digital files in Microsoft Word or other acceptable format, one non-bound original and 25 bound copies of the final document within 30 days of adoption by Town Council. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions ofthe Marana Town Council in conflict with the provisions ofthis Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.25. Section 5: Ifany 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 ofthe Town of Maran a, Arizona, this 1 st day of March, 2005. ATTEST: {OOOOO555.DOC /}Marana Ordinance No. 2005.09 ~~ ,.,,:::f~ - ~ . SUTfON, JR. ~,..\. "'..'1.' ~ OF ,.~ S~~\"'''''''',,, ~ ~P"t,oRPORATi\ ': _r-::: 000 := _ - - - - a \SEALI S ~ .If ~1I11U'\\~ ~ ~ 'iIZ ,\9"1 ~~ ~11"in\\~ Page 4 of 4 1 ;:~~; m"' ;~~~ i"""I~ l 1 !~ :~~ ''I'' i~~ co',' ,Ir : J . il" EXHIBIT "A" Parcell: The North half of Section 20 in Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Parcel 2: That part of the East half of the Northwest quarter of Section 17 in Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwesterly right of way line of the Tucson-Casa Grande Highway, said right of way being described as follows: Beginning at a point on the North line of said Section 17 from whence the Northwest corner bears South 890 24' 46" West a distance of 1835.17 feet; Thence South 500 29' 00" East a distance of 4512.78 feet to a point on the East line of said Section 17 and the Point of Ending of said line. Parcel 3: That part of the Northeast quarter of Section 17 in Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwesterly right of way line of the Tucson-Casa Grande Highway, said right of way being described as follows: Beginning at a point on the North line of said Section 17 from whence the Northwest corner bears South 890 24' 46" West a distance of 1835.17 feet; :i ~~ ,~~ll ':1" t Thence South 500 29' 00" East a distance of 4512.78 feet to a point on the East line of said Section 17 and the Point of Ending of said line. Parcel 4: ~;II :, I'jf I~~i ;I:;~ That part of the South half Section 17 in Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwesterly right of way line of the Tucson-Casa Grande Highway, said right of way being described as follows: Beginning at a point on the North line of said Section 17 from whence the Northwest corner bears South 890 24' 46" West a distance of 1835.17 feet; Thence South 500 29' 00" East a distance of 4512.78 feet to a point on the East line of said Section 17 and the Point of Ending of said line. Parcel 5: The West half of the Northwest quarter of Section 17 in Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona.