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HomeMy WebLinkAboutOrdinance 2002.16 Approving a rezone near Camino de Oeste and Lambert Lane F. ANN RODRIGUEZ, RECORDER RECORDED BY: RBP DEPUTY RECORDER 3591 PE3 SMARA TOWN OF HARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 PAGE: 3403 NO. OF PAGES: 3 SEQUENCE: 20021730933 09/06/2002 ORDIN 16:29 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2002.16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AR/ZONA, APPROVING A REZONE OF THE PROPERTY LOCATED WITHIN THE TOWN LIMITS AT THE NORTHWEST CORNER OF CAMINO DE OESTE AND LAMBERT LANE, ASSES SOR'S PARCEL NO. 216-27-0140, FROM ZONE "C" (LARGE LOT ZONE), TO "R- 144" (RESIDENTIAL, 144,000 SQUARE FOOT MIN/MUM LOT). WHEREAS, Shirley Foley, Jerry Foley, and Sanford Evans own approximately 18.64 acres of property (Assessor parcel number 216-27-0140), in a portion of Section 12, Township 12 South, Range 12 East, more particularly described in Exhibit A attached hereto; and WHEREAS, Shirley Foley, Jerry Foley, and Sanford Evans have applied to the Town to have the property rezoned from "C" (Large Lot Zone) to "R- 144" (Residential, 144,000 square foot minimum lot); and WHEREAS, the Marana Planning and Zoning Commission held a publid heating on July 31, 2002, and voted 6-0, to recommend that the Town Council approve the rezone; and WHEREAS, the Town Council held a public heating on September 3, 2002, to obtain input from the Applicant, Town Staff, and the public on the rezoning of the Property, and has determined that the rezone is in the best interest of the residents and the Town of Marana and should therefore be ap_proved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: The zoning on the property at the Northwest comer of Camino De Oeste and Lambert Lane, Assessor Parcel Number 216-27-0140 is hereby changed (rezoned) from "C" (large lot zone) to "R-144" (Residential, one residence per 144,000 sq. ft.); Section 2:: The purpose of this rezoning is to allow for rural development within an area that lacks urban infrastructure and contains sensitive sonoran desert habitat and provided reasonable restrictions that will promote the health, safety and general welfare of the Town, subject to the following conditions: Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any Subsequent development, including, but not limited to, requirement for public improvements. Marana Ordinance No. 2002.16 --page 1 of 2-- The Developer shall provide, to the Development Services Administrator's satisfaction, the necessary off-site roadway improvements as reasonably deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. The Developer shall dedicate Lambert Lane and Camino de Oeste to a minimum of 30- foot half-width right-of-way for street purposes, or as accepted by the Town upon demand by the Town, within a reasonable time after the demand is made. A maximum of twenty percent, or as agreed to through consultation with the U.S. Fish and Wildlife Service, of the total site may be disturbed per the recommendation of U.S. Fish and Wildlife Service. Building envelopes shall be established through the platting or lot split process, reflective of the allowable site disturbance restriction. The property owner shall not cause any lot split of any kind without written consent of the Town. Section 3: All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Town Council in conflict with the provisions of this Ordinance are hereby- repealed effective as of the effective date of this Ordinance. 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 thereof. Town Clerk PASSED AND ADOPTED by the Mayor and Council of the Town of Maranh, Arizona, this 3rd day of September, 2002. ~ON, JR. APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney and not personally i Marana Ordinance No. 2002.16 --page 2 of 2-- ATTACHMENT "A" Legal Description The South Half of the Southeast Quarter of the Southeast Quarter of Section 12, Township 12 South, Range 12 East, Gila & Salt River Base & Meridian, Pima County, Arizona EXCEPT the East 30 feet thereof; A~ND EXCEPT the South 30 feet thereof.