Loading...
HomeMy WebLinkAboutOrdinance 2001.24 Approving a rezone request by Yankee Point LLC, AHN Cypress Realty Network located on Sandario Road south of Trico Marana RoadF. ANN RODRIGUEZ, RECORDER RECORDED BY: D_K DEPUTY RECORDER 7864 ROOC SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: PAGE: NO. OF PAGES SEQUENCE: ORDIN MAIL 11705 5165 3 20012501207 12/28/2001 17:01 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2001.24 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY YANKEE POINT L.L.C., AHN CYPRESS REALTY NETWORK TO REZONE APPROXIMATELY 23.79 ACRES OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 11 SOUTH, RANGE 11 EAST, ON SANDARIO ROAD SOUTH OF TRICO MAP ROAD. WHEREAS, Yankee Point, AHN Cypress Realty Network is the owner of approximately 23.79 acres of land located in the southwest quarter of Section 22, Township 11 South, Range 11 East, on Sandario Road south of Trico Marana Road; and WHEREAS, in reviewing the rezoning request, Staff recommended to the Planning and Zoning Commission the approval of the rezoning request subject to 15 conditions; and WHEREAS, the Marana Planning Commission, after a public hearing, considered this �.- rezoning request on November 7, 2001, and voted unanimously to recommend that the Town Council approve said rezone, adopting all 15 recommended staff conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staff and members of the public at the regular Town Council meetings held December 18, 2001 and has determined that the rezoning is in conformity with the General Plan and the adopted Northwest Marana Area Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 23.79 acres located in the southwest quarter of Section 22, Township 11 South, Range 11 East, is hereby changed from "Zone A" TO "VC ", Assessor's Parcel Number 217- 28 -020D. Section 2. The purpose of this rezoning is to develop a retail complex, subject to the following conditions: 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, and the Northwest Marana Area Plan current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is conditionally valid for five years from the date of Town Council approval. If the developer fails to have a plat or development plan recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. Prior to expiration of rezoning the Developer may apply for an extension and, if granted, will extend the time of expiration not to exceed three years. Marana Ordinance No. 2001.24 Page 1 -� 3. The Developer shall dedicate Sandario to a maximum of 45 -foot half -width right -of -way for street purposes, or as accepted by the Town. In the event an infrastructure development project requiring additional right -of -way along Sandario or Barnett is programmed in the approved Capital Improvement Plan for the Town, the developer shall convey the subject right -of -way upon demand by the Town. 4. The Developer shall provide, if needed, to the Development Services Administrator's satisfaction, the necessary off site roadway dedications and improvements as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. 5. The Developer shall enter into a Development Agreement with the Town of Marana, which will describe how the Developer will provide his proportionate financial share in regional transportation improvements and other major infrastructure improvements. Such improvements include but are not limited to upgrades to the Tangerine /I -10 and Marana /I -10 interchanges, and the Moore Road /I -10 interchange, as identified in the Northwest Marana Area Plan and the Marana Master Transportation Plan. 6. A water service agreement and master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the final plat or development plan by the Town Council. 7. 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 final plat or development plan by the Town Council. 8. If applicable to this property, the property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights that are IGR, Type I or Type II, to the Town of Marana, providing designation of assured water supply and water service to said property. If Type I or Type II is 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. 9. 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 projects proportionate share of the cost of construction of the levee. 10. 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' Association. 11. Prior to submittal of a Development Plan the applicant shall provide written verification that the site has been annexed into the Northwest Fire /Rescue District. 12. The final Development Plan shall conform to all of the elements of the Northwest Marana Area Plan. 13. Correct Tentative Development Plan to comply with the Town Engineer's letter stating there shall be no ingress /egress on the frontage road. 14. Correct Tentative Development Plan to show dedication of a 90 -foot right -of -way for the interior road. 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 Marana Ordinance No. 2001.24 Page 2 repealed, effective as of the effective date of Ordinance No. 2001.24. Section 4: 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 ofMayana, Arizona, this 18th day of December, 2001. ATTEST: n Mayor O B SUTTON, JR. APPROVED AS TO FO Daniel J. Ho As Town Attorney and not personally OF N O� �pRPORATE s..y' e �. SS f0s ' ® llBiilA1�`� ®`` t : Marana Ordinance No. 2001.24 Page 3