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Home My WebLink AboutOrdinance 2005.06 Adopting the Ina/Silverbell rezoning F. ANN RODRIGUEZ, RECORDER RECORDED BY: RJL DEPUTY RECORDER 9544 PE2 DOCKET: 12494 PAGE: 1423 NO. OF PAGES: 8 SEQUENCE: 20050350343 02/22/2005 ORDIN 15:19 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 9.50 MARAN A ORDINANCE NO. 2005.06 AN ORDINANCE RELATING TO A REZONING; ADOPTING THE INAlSIL VERBELL REZONING. WHEREAS, The Planning Center represents the property owners of approximately 15.3 acres of land generally located at the northwest comer ofIna and Si1verbell Roads, within a portion of Section 35, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held public hearings March 31,2004, and at said meeting voted to recommend 5 - 2 (Chairman Parker and Vice-Chair Clanagan dissenting) that the Town Council approve said rezoning, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council held a public hearing and heard from representatives of the owner, staff and members ofthe public at the regular Town Council meeting held June 15, 2004 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 15.3 acres located within Section 35, Township 12 South, Range 12 East, on the northwest corner oflna Road and Silverbell Roads (known as the rezoning area) will change the zoning designation from R-36 (Single Family Residential, 36,000 sq. ft. minimum lot size) to 14.8 acres ofR-lO (Single Family Residential, 10,000 sq. ft. minimum lot size) and 0.5 to NC (Neighborhood Commercial). Section 2. The purpose of this rezoning is to allow the use of the Rezoned Area for single family detached homes and neighborhood 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 of this rezoning ordinance): 1. Compliance with all provisions ofthe Town's codes, ordinances and policies ofthe General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for three years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the three years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. Marana Ordinance No. 2005.06 Page 1 of 3 l 3. The applicant agrees to enter a financial contract establishing their "fair share" contribution for schools. The developer shall provide written documentation that an agreement with the Marana Unified School District is completed prior to Town Council consideration of any preliminary platting request related to this rezoning request. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No "Convenience Store" uses shall be permitted on the NC parcel. 6. The NC zoned property shall not be allowed to be developed at the R-6 standards, but shall be developed for commercial use. 7. The preliminary plat shall be in general conformance with the Tentative Development Plan as adopted by Mayor and Council. 8. All slope and drainage treatments shall be aesthetically designed and engineered (where necessary) to "naturalize" the built environment. The developer shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 9. No approval, permit or authorization ofthe Town of Maran a 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. 10. A water service agreement and a master water plan shall be submitted by the applicant and accepted by the Utilities Director prior to the approval of the water plans. 11. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 12. Conservation easements along open space corridors shall be recorded by final plat. 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. 2005.06. Section 4: If any section, subsection, sentence, clause, phrase or portion ofthis 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.i Marana Ordinance No. 2005.06 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 15th day of February, 2005. ATTEST: <\.\\""""'" ~ OF~~ 6~. "/~ ~ I!:~ ~~Ti~ i ~BEAL 5 :!Ii ~. ~~ ~.'\ ~ ~iUn\\\~ APPROVED AS TO FORM: Marana Ordinance No. 2005.06 Page 3 of 3 JUN-14-2004 17:55 THE PLANNING CENTER 520 622 1950 P.02/06 ..- II 1145 þlt 'lUftr bel. $\I"C 101 ~CI'Qn. /triIIC)Da 8S718 'D:1; <,20) 795·1000 F/iJCJ. Ø20) ~2-69'6 _,riCceIlg.am'I R1C1<ENGINEERING COMPANY LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECT10N 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MEPlD1AN. PIMA COUNTY, ARIZONA DESCRIBED ÞS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTtON 35, BEING A 3 INCH DISK IN HANDHOLE FROM WHICH A RAILROAD SPIKE AT 1HE SOUTHWEST CORNER OF SAID SEC110N 3S BEARS NORTH 89°51103H WEST 2613.66 FEET; THENCE PROCEEDING FROM SAID 3q DISK NORTH 89°57'03" WEST 364.03 FEET UPON THE SOUTH UNE OF SAID SOUTHWEST QUARTER; THENCE NORTH 0°02'57" EAST 631.06 FEET TO THE POINT OF BEGINNING ON THE CENTERLINE OF SILVERBELL ROAD, AS SHOWN IN BOOK 3 OF RECORD OF SURVEYS AT PAGE 42, RECORDS OF PIMA couNTY, ARIZONA; THENCE SOUTH 10°41'52" EAST 48.48 FEET UPON SAID CENTERUNë; THENCE SOlffii 79Q17'3311 WEST 313.68 FEET; 'THENCE NORTH 0°17'52" WEST 98.91 FEET; THENCE NOR.TH 88°39'40" eAST 299.81 FEET TO THE POINT OF BEGINNING. CONTAINING 22,429 SQUARE FEET OR 0.515 ACRES, MORE OR LESS. \ \SrU:Uc1 \projdaU\lU421 \cL2998\<I_legalS\29981.G06..%QNING. OOC PAOE 1 OF 2 JUN-14-2004 17:56 THE PLANNING CENTER ~ &I RICK ENGINEERING 1M COMPANY 1"& Jut 1\_ Rd.. S'" 101 . ,..... AZ 1171. T'" (UD)7I&-10C10 FAI lS.DoIGH· wwwJk:btcC!QIB 520 622 1950 P.03/06 ~~ ~rt') @3~ c..Ø' ë . ~ -tn« tl""Jt.LI! -;ZNN 0::0__ u_ 0:: cn.....w< ~U(:) QWZ:- _cn<>- - r;a::Þ- :i.u.. z ... 0 ..~ .... :co ~!gr.,) ~;::V)~ C~Na: ..-0...- L...Zø..2 r---a: -::C::C~ a:)....VJ --z :t:3=:M: X C I.IJ I- ~: :¡" d 'iI, 'I~,~~ ,; PAGE 2 OF 2 14-JUN-2004 G:.a.2.21~2998~_leoale~9~Blg06_ZCNlNG.dgn JUN-14-2004 17:56 THE PlANN I NG CENTER 520 622 1950 P.04/06 II, 17"~ ~ Ji-tU 1I,OSå suLn: 101 '1\&001\. ¡\rImfta .,11. 'N: <.'10) "HOOO FAX: (510) ,2z.6'S6 W9/"M.~.~m RICKENGINEERING COMPANY -- LEGAL DESCRIPTION WAT pORTION OF THE souniWEST QUARTER OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GIlA AND SALT RlVER MERIDIAN, PIMA COUNT'f, ARIZONA DESCRIBED AS FOLLOWS~ COMMENCING AT THE SOUTH Q\JAK$ CORNER. OF SAID SECT10N 35, BEING A 3 ¡NOI DISK IN HANDHOLE ¡:ROM WHIOl A RAIL.ROAO SPIKE AT THE SOUTHwEST CORNER OF SAID sECTION 35 BEARS NORTH 89°57'03' WEST 2613.66 FEET; THENCE PRQŒEOING FROM SAID 3" DISK. NOI<TH 89°57'03. WEST 382.36 FEër UPON THE SOUTH UNE OF SAID SOlfTHwesr QUARTER; THENCE NORTH 0002'57" EAST 928.99 FEET TO A POINT ON THE WEST RIGHT OF WAY UNE OF THE NEW SIlVERBEU- ROAD AlIGNMENT, p.s RECORDED IN DOCKET 12182 AT PAGE 2096, RECORDS OF PIMA CQUNiY, ARIZONA AND THE POINT Of 8EGINNING; THENCE SOlITH 33"34'05' EAST 125.00 FEEf upoN SAID wEST RIGHT OF WAY UNE TO A TANGENT CURVE CONCAVE SOlITHERl Yi THENCE WESTERLY UPON THE.ARC OF SAID CURVE TO THE LEF1'. HAVING A RADIUS OF 25.00 FEET AND A CEfIITAAL ANGLE OF 90"00'00', FOR AN ARC DISfANCE OF 39.27 FEET; "THENCE SOlJTIi 56°25'55" WEST 19.00 FEET TO A TANGENT CURVE CONCAVE NORTHERLY; THENCE WESTERLY UPON THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 325.00 ÆET AND A cellfTRALANGLE OF 6°42'43", FOR AN ARC DISfANCE OF 38.07 FEET TO THE CENTER.UNE OF SD-VERBELL ROAD, AS SHOWN IN BOOK 3 OF RECORD OF SURVEYS AT PAGE 42, PIMA COUN1Y, ARIZONA; THENCE SOUTH 10041'52" EAST 114.17 FeëT UPON SAID CENTERLINE~ THENCE SOUTH 88°39'40" wesr 299.81 FEET¡ , THENce SOUTH 0°17'52" EAST' 325.91 FEET; THENCE SOUTH 89°42'08" WEST 62.55 FEET TO A NON-TANGENT CURVE CONCAVE NORTHWeSTERLY, THE RADIUS POINT Qf SAID CURVE BEARS NORTH 56°15'24" WEST; THENCE SO\JTHWESTERl Y UPON THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 365.00 ÆET AND A ceNTAAI. ANGLE OF 56°18'21" FOR AN ARC DISTANCE OF 358,69 FEET; , 11-tENCE NORTH 89°57'03" WEST 7S.00 FEET; THENCE NORTH 81°26'26" WEST 108.03 FEET; THENCE NORTH 71C153'32" wEST 113.78 FEET¡ PAGE 1 OF 2 JUN~14-2004 17:56 THE PLANNING CENTER 520 622 1950 P.05/06 THENCE NORTH 42°57'07" WEST 218.96 FEET; THENCE NORTH 32°36'518 EAST 76.71 FEEr; THENCE NORTH 30°21'47" EAST 71.20 FEET; THENCE NORTH 19°0'\'55" EAST 174.85 FEET; THENCE NORTH 35°36'37" EAST 78.17 FEET; THENCE NORTH 430451028 EAST 65.2.5 FEET; THENCE NORTH 60°23.30" EAST 98.62 FEET; THENCE NOR'TH 65c43'44" EAST 188.11 FEET; THeNCE NORTH 4so39~3 EAST 186.08 FEET; THENCE NORTH 60°06'29- EAST 57.39 FEET; THENCE SoUTH 80Cl46159" EAST 79.36 FEET; THENCE SOUTH 68C12753'· eAST 412.18 FEET; "THENCE NORTH 56"25'5S' EAST 10.29 FEET TO A TANGENT cuRVE CONCAVE NORTHERLY; THENCE EASTERLy UPON THE ARC OF SAID CURVE TO THE lEFT, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL. ANGLE OF 90·00'00', FOR AN MC DISTANCE OF 39.27 FEET TO THE POINT OF BEGINNING. CONTAINING 646,007 SQUARE FEEl" OR 14.830 ACRES, MORE OR lESS. \\SN_tuCl \PrOjdat2\d.,2421 \d.2998\C1_,egBIs\1998lG05_WESTBOUNDARV.DQ(; :~" ""'I, ü\l!", ,f! ~:~ ,I'! r\1 :L ,fl, ", it:",. ~:~ . PAGE 2 OF 2 ----~ JUN-;14-2004 17:56 THE PLANNING CENTER 520 622 1950 P.06/06 iI ~: LaJ :¡! (,,) V) z ~ o . '^ .......LOCC-C t~l.JJe -ZNN 0::0"-- Co.'_ 0: ~~~~ cwz" ~~:>- ~ 0:1- <15.5 a.. :co :oIZ...."" 8E:â ~....V)~ O~NÕ: I-O-~ .. I-ZA..:::E --~ -:c:t:: =....V') ---:2:0 Š~~ ~U"\ OI""Þ °0 ~L&J cJ)c.n ~, II'J~i ,Iir ¡~:~, ~~;¡~ .1:1 i;ïli )\ ,¡1 ~~i II RICK ENGINEER1NG ... COMPANY '1745 lilt" Jtd.. sa. 101 . 'f'oœaII" j. 15711 'III. {II8)n&ØO FAX (UII)U04116. _...-....- 1 4 -J UN -2 004 G:~.2421Wd_299a~_leQOI..e998Ig05_W"'ÞOUOdQ~Y.dQn PAGE 3 OF 3 TOTAL P. Ø6 --------~~_...""'"'-