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HomeMy WebLinkAboutOrdinance 95.30 Changing the zoning on land near Cortaro Farms Road and I-10 ORDINANCE NO. 95.30 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, CHANGING THE ZONING OF APPROXIMATELY 98.7 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF CORTARO FARMS ROAD AND 1-10 FREEWAY, FROM "ZONE C" (LARGE LOT ZONE) TO "ZONE R-8" (RESIDENTIAL, MINIMUM LOT AREA OF 8,000 S.F.) AND "ZONE VC" (VILLAGE COMMERCIAL). WHEREAS, Norman P. McClelland, Frances H. McClelland and Shamrock Farms Company (Owner) are the owners of a parcel of land approximately 98.7 acres in size located on the northeast comer of Cortaro Farms Road and Interstate 10, more particularly set forth in Exhibit "A" attached hereto, which is currently zoned "Zone C" (Large Lot Zone); and WHEREAS, the Owner, through the applicant Cella Barr Associates, has applied to the Town of Marana to change the zoning of this property from "Zone C" (Large Lot Zone) to "Zone R-8" (Residential, minimum lot area of 8,000 sf.) and "Zone VC" (Village Commercial); and WHEREAS, the Marana Planning Commission held a public hearing on the rezoning request on September 27, 1995, and voted 6-0 on October 25, 1995 to recommend that the Town Council grant the request for rezoning; and ""- WHEREAS, the Town Council of the Town of Marana held a public hearing on the rezoning request on November 21, 1995 to obtain public input on the request for a change of zoning, and at that time determined that there were significant traffic problems in the area of the development which needed to be resolved prior to a change of zoning; and WHEREAS, after further discussions with the Owner, the Owner has offered to contribute certain monies and property to resolve certain traffic problems in the area, the council believes that the change of zoning is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that the zoning of the property particularly described on Exhibit "A" hereto is hereby changed from "Zone C" (Large Lot Zone) to "Zone R-8" (Residential, Minimum Lot Area of 8,000 sf.) and "Zone VC" (Village Commercial) upon the following conditions: 1. The Owner shall transfer title to the Town of approximately 1.2 acres along the Southwest portion of the property, which is necessary for the realignment of Cortaro Farms Road to a 45-MPH design speed. Title transfer shall by set forth in the final plat, and if the development is by development plan rather than plat, by separate instrument. Until the actual street improvements to Cortaro Farms Road are initiated, the Town will grant a temporary easement or licence to the Owner to use the property as part of its development. 2. At the time of development of the property and prior to the issuance of any certificates of occupancy for the property, the Owner shall construct a traffic signal and appurtenant intersection improvements at the intersection of Cortaro Farms Road and Cerius Stravenue to Town and Pima County standards. Owner shall be responsible for the construction of the ,~ Marana, Arizona Ordinance No. 95.30 Page 1 of 3 traffic signal. Town shall attempt to obtain funding for the signal from Pima County, and any contribution obtained from Pima County shall be used to offset the necessary costs paid by the Owner, but in the event no such county cooperation is obtained, Owner shall pay the entire cost. 3. The Owner shall implement the Memorandum of Agreement ("MOA") negotiated by the Arizona State Museum, the Tohono O'odham Nation, the Hopi Tribe, the Zuni Pueblo and the Owner for any subsurface construction activity occurring during the development of the property. The Owner shall provide an archeological monitor during the subsurface construction activities to ensure compliance with the MOA. The Owner shall allow the Tohono O'odham Nation the opportunity to provide its own monitor during the subsurface construction activities. 4. The Owner shall finalize the report detailing the results of the archaeological testing program previously conducted on the property, submit the report to the Arizona State Museum and the State Historic Preservation Officer, and catalogue and return any artifacts recovered during the testing program to the Tohono O'odham Nation. 5. The Owner shall dedicate, to either the Town or the Archaeological Conservatory, as decided between the Town and the Tohono O'odham Nation, a two (2) acre archeological park as depicted on the site plan. 6. The Owner shall dedicate, by final plat (or separate instrument in the case of a development plan) all rights-of-way on the property, as depicted in the site plan, to the Town. p'_.., 7. When Cortaro Farms Road is realigned as depicted on the site plan, documentation from Southern Pacific Railroad for crossing expansion shall be required. 8. The Owner shall dedicate the off-site drainage detention area to the homeowner's association for the project. 9. Owner shall, at its sole cost and as approved by Town staff, construct the necessary improvements to re-route Joplin Lane through the subject development so provide an alternate connection to Cortaro Farms Road. 10. The Owner shall construct, to Town and Pima County standards, street improvements for two lanes on Hartman Road along the East boundary of the subject property. 11. The Owner shall construct, at its sole cost to Town and Pima County standards, street improvements for one additional lane on Cortaro Farms Road along the South boundary of the subject property. 12. The Owner shall construct, to Town and County standards, street improvements (at a twenty- four foot minimum pavement width) and drainage improvements for two lanes on Hartman Road from the North boundary of the subject property to a logical point of connection adjacent to Countryside subdivision. The Owner shall front the costs of these improvements excepting any property acquisition costs which shall be paid by the Town. The Town and "---'t Marana. Arizona Ordinance No. 95.30 Page 2 of 3 Owner will enter into a development agreement, acceptable to both parties, providing for the reimbursement of the costs contained in this paragraph from fifty percent (50 %) of the sales tax proceeds generated from the subject property. 13. Within thirty (30) days of request by the Town, Owner shall contribute one hundred thousand dollars ($100,000.00) toward the cost of freeway access improvements and signalization at the intersection of Cortaro Farms Road and Interstate 10. It is understood by the parties that the State of Arizona will reimburse the Town the costs of these improvements, and if such reimbursement is made, the Town shall in turn reimburse the Owner the contribution provided in this condition. 14. The location and number of access points and turning movements into the subject property will be reviewed at the time of platting or development plan submittal. 15. The development plan and the plats for this project will require approval from the Planning Commission and the Town Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of December, 1995. 9 1/~4J MA YOR ED HONEA Daniel J. Hochuli Town Attorney Marana, Arizona Ordinance No. 95.30 Page 3 of 3