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HomeMy WebLinkAboutOrdinance 2005.13 Rezoning and creating the casa sevilla specific plan F. ANN RODRIGUEZ, RECORDER RECORDED BY: D K DEPUTY RECORDER 7864 PE3 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12557 PAGE: 5106 NO. OF PAGES: 5 SEQUENCE: 20050980908 OS/20/2005 ORDIN 16:36 MAIL AMOUNT PAID $ 8.00 TOWN OF MARANA ORDINANCE NO. 2005.13 .~. ~~~ ~'.II Ie:. .,;:i ""I' .I~ i~J u::::~ 'f i~~1 l;:,:~ ("" ) MARANA ORDINANCE NO. 2005.13 RELATING TO DEVELOPMENT; REZONING 34.6 ACRES OF LAND FROM "R-36" TO ZONE "F" AND CREATING THE CASA SEVILLA SPECIFIC PLAN. WHEREAS, T -K Engineering represents the property owners of approximately 34.6-acres of land located within a portion of Section 1, 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 a public hearing on January 26,2005, and at said meeting voted 6-0 (Commissioner Allen excused) 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 May 17, 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. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 34.6-acres of land located within a portion of Section 1, Township 12 South, Range 12 East, at the southwest comer of Tangerine Road and Camino de Oeste, (the "Rezoning Area"), changing the land use designation from Low Density Residential to Master Planning Area. Section 2. The zoning of approximately 34. 6-acres of land located within a portion of Section 1, Township 12 South, Range 12 East, at the southwest comer of Tangerine Road and Camino de Oeste, (the "Rezoning Area"), is hereby changed from Zone "R-36" (Single Family Residential, 36,000 sq. f1. minimum lot size) to "F" (Specific Plan) creating the Casa Sevilla Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached and attached home development, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Maran a Land Development Code (but which shall not cause a reversion of this rezoning ordinance): :~ :~~:: I.,," !~j~ fiJi' [Iii W" ,,::11 ~ 7 Marana Ordinance No. 2005.13 Page 1 of 3 1. Compliance with all provisions of the Town's codes, ordinances and policies of the 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 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 original zoning (R-36), upon action by the Town Council. 3. Removed at the request of staff. * 4. Before a certificate of occupancy 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 having the Property annexed into a fire district or otherwise provide for fire protection service. 5. The final design of all streets and circulation related facilities, including the gated access, shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to the Planning Commission's consideration of the preliminary plat. 6. No perimeter or drift fencing is to be installed, unless recommended by V.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to V.S. Fish and Wildlife Service. 7. This project is within the Proposed Critical Habitat for cactus ferruginous pygmy owl and must meet V.S. Fish and Wildlife development criteria. 8. The HOA as established, and accepted by the V. S. Fish and Wildlife Service and the Town of Marana to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the V.S.F.W.S. 9. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 10. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. V. S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 11. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 12. The preliminary plat shall be in general conformance with the Land Vse Concept of the Casa Sevilla Specific Plan. 13. The Developer shall dedicate, or cause to have dedicated, an additional 75' along the northerly property line to meet the future 300-foot right-of-way for Tangerine Road. 14. 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. .. Conditions 3 and 5 were the same; condition 5 is being kept due to the inclusion of the phrase". . . including the gated access... ". Marana Ordinance No. 2005.13 Page 2 of 3 :1. ::;i~; I,;" ....Ii 5 ''"., i f;~ Ii;' .,.,ft ::1, I~ {;~ 15. 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 water plans. 16. Maximum building height shall be restricted to 23 feet. 17. Where applicable view fencing, similar to wrought iron fencing, shall be constructed at the rears of the residential units. 18. The applicant shall include detailed residential design guidelines with the first preliminary plat or development plan submittal. 19. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and or landowner from the 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 hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 20. An annual report shall be submitted the Planning Department 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. 21. Upon adoption of the ordinance by the Mayor and Council approving the Casa Sevilla Specific Plan, the applicant shall provide the planning department with the following fmal edition of the Casa Sevilla Specific Plan: one non-bound original; twenty-five bound copies; and, one digital copy in Microsoft Word or other acceptable format, within thirty days of the adoption Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in contlict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2005.13. Section 5: 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 17th day of May, 2005. ATTEST: ...""" """" ~ OF~~ ~~~\"""'"'''' ~ S~lcOp..PORATf~ ~ _ IS ClOO 'I _ i \S~j s ~ ~\~~ Mayor Ed~ ~ 1 ,filii ,ri~" S ~~k 7 ~;:;~ w:~ '....~ 1 l[:~ ::::~ Marana Ordinance No. 2005.13 Page 3 of 3 t " . EXHIBIT A THE FOLLOWING DESCRIBED PROPERTY SITUATED IN PIMA COUNTY, TOWN OF MARANA, ARIZONA: PARCEL 1 A PORTION OF LOT 1, KNOWN AS THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, IN THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY ARIZONA. EXCEPT THE NORTH 50 FEET THEREOF WITHIN THE RIGHI -OF-WAY OF TANGERINE ROAD, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 7 OF ROAD MAPS AT PAGE 83. FURTHER EXCEPT, THAT PORTION DEEDED TO PIMA COUNTY IN DEED RECORDED AS DOCKET 7458, PAGE 610, RECORDS OF PIMA COUNTY, ARIZONA. PARCEL 2 A PORTION OF LOT 1, KNOWN AS THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, IN THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY ARIZONA. EXCEPT THE WEST 30 FEET THEREOF. PARCEL 3 A PORTION OF LOT 1, KNOWN AS THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, IN THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY ARIZONA. EXCEPT THE NORTH 50 FEET THEREOF WITHIN THE RIGHI-OF-WAY OF TANGERINE ROAD, ACCORDING TO THE MAP THEREOF RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, IN BOOK 7 OF ROAD MAPS AT PAGE 83. 1 ::;~~ ~\\t ~"'~~ .Ii)' FURTHER EXCEPT, THAT PORTION DEEDED TO PIMA COUNTY IN DEED RECORDED AS DOCKET 7458, PAGE 610, RECORDS OF PIMA COUNTY, ARIZONA. t) !:~i "~ ~, ~ll. ~ EXCEPT THE WEST 30 FEET THEREOF.