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HomeMy WebLinkAboutOrdinance 2002.18 Approving a rezone near Camino del Norte alignment F. ANN RODRIGUEZ, RECORDER RECORDED BY: RBP DEPUTY RECORDER 3591 PE4 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11973 PAGE: 2965 NO. OF PAGES: 3 SEQUENCE: 20030160741 01/24/2003 SCRIVE 16:33 MARANA MAIL AMOUNT PAID $ 8.00 SCRZVENER'S ERROR ORDINANCE NO. 2002.:!.8 Marana Ordinance No. 2002.18, originally recorded on November 8, 2002 by the Pima County Recorder in Docket 11923, Page 3529, was adopted in error. This document, approved by the Marana Town Council and signed by Vice Mayor Herbert Kai on November 5, 2002, shall be considered null and void. Replacing this council action is Marana ~lme~dedOrdinance No. 2002.18, adopted by the Marana Town Council, signed by Vice Mayor Herbert Kai on 3anuary 21, 2003, and recorded by the Pima County Recorder on 3anuary 24, 2003 in Docket _AZ ~ -7 ~ , on Page ~c~ . F. ANN RODRIGUEZ, RECORDER ~~,. DOCKET: 11923 RECORDED BY: JLW ///~~ PAGE: 3529 DEPUTY RECORDER ~ NO. OF PAGES: 2 1541 PE4 ...~'~~ SEQUEl;CE: 20022170972 SMARA . ~ ~ '_~ 11/08/2002 ./~./ ...... ~RDIN 16: 16 TOWN OF MARANA ATTN: TOWN CLERK f 13251 N LON AD_AM_S'~RD ~__.~'J~' MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2002.18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO REZONE APPROXIMATELY 431 ACRES OF LAND GENERALLY LOCATED SOUTH OF THE CAMINO DEL NORTE ALIGNMENT, WEST OF CAMINO DE OESTE, WITHIN PORTIONS OF SECTIONS 1, 11 AND 12, TOWNSHIP 12 SOUTH, RANGE 12, AND A PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 13 EAST, FROM ZONE "F" (A.K.A. HARTMAN HILLS SPECIFIC PLAN) TO ZONE "R-144" (RESIDENTIAL, ONE DWELLING PER 144,000 SQUARE FEET). WHEREAS, The Town of Marana has made application to abandon the Specific Plan known as the Hartman Hills Specific Plan, located in portions of Sections 1, 11, and 12, Township 12 South, Range 12, and a portion of Section 7, Township 12 South, Rangel3 East, generally south of the Camino del Norte alignment, west of Camino de Oeste; and WHEREAS, The Town of Marana has met with the owners and their representatives, and discussed the antiquated land uses contained within the Hartman Hills Specific Plan, and all parties have agreed that the properties associated with the Hartman Hills Specific Plan should be rezoned to "R-144" (Residential, one dwelling per 144,000 square feet); and WHEREAS, the Marana Planning Commission, after a public h earing, considered t his Rezoning request on July 31, 2002, and voted unanimously to recommend that the Town Council approve said Rezoning; 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 September 17, 2002, and have determined that the Rezoning is in conformity with the Future Development Plan Map, as amended, within the Marana General Plan and should be approved, subject to recommended conditions. NOW, THEREFORE, BE IT ORDAINED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The request initiated by the Town of Marana to rezone approximately 431 acres of land generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12, and a portion of Section 7, Range 12 South, Rangel3 East, from Zone "F" (A.K.A. Hartman Hills Specific Plan) to Zone "R-144" (Residential, one dwelling per 144,000 square feet), is hereby approved. Section 2. The purpose of this Rezoningis to abandon the Hartman Hills Specific Plan and the land use designations of Medium, Medium High, and High Density Residential; CommerciaL/Office; Open Space/Natural Washes and Roads, to "R-144" (Residential, one dwelling per 144,000 square Marana Ordinance No. 2002.18 1 1 feet), subject to the following conditions: o o 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, requirements for public improvements. The property owner 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 the Town Engineer to support the proposed development of a site. Overall disturbance shall be limited to 20 % of the project site or such other percentage as is mutually agreed upon by the applicant and United States Fish and Wildlife Service. Building envelopes shall be established through the platting process. The property owner shall dedicate right-of-way for arterial and major collector street purposes upon demand from the Town within a reasonable time after the demand is made. The property owner shall not cause any lot split of any kind without the .written consent of the Town of Marana. Section 3. Ail 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. 2002.18. 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 of Marana, Arizona, this 5th day of November, 2002. ATTEST: ~t~ Town Clerk ' fianiel J. As Town Attorney and not personally i Marana Ordinance No. 2002.18 F. AI~NRODRIGUEZ, RECORDER DOCKET: 11973 DEP~Y RECORDER NO. OF PAGES: 3 3591 PE4 SEQUENCE: 20030160742 'SMARA 01/24/2003 TOM OF MARANA AORDIN 16:33 ATTN: TOM CLERK 13251 N LON ~S RD niL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA AMENDED ORDINANCE NO. 2002.18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO REZONE APPROXIMATELY 431 ACRES OF LAND GENERALLY LOCATED SOUTH OF THE CAMINO DEL NORTE ALIGNMENT, WEST OF CAMINO DE OESTE, WITHIN PORTIONS OF SECTIONS 1, 11 AND 12, TOWNSHIP-12 SOUTH, RANGE 12 EAST, AND A PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 13 EAST, FROM ZONE "F" (A.K.A. HARTMAN HILLS SPECIFIC PLAN) TO ZONE "R-36" (RESIDENTIAL, ONE DWELLING PER 36,000 SQUARE FEET). WHEREAS, The Town of Marana has made application to abandon the Specific Plan known as the Hartman Hills Specific Plan, located in portions of Sections 1, 11, and 12, Township 12 South, Range 12 East, and a portion of Section 7, Township 12 South, Range 13 East, generally south of the Camino del Norte alignment, west of Camino de Oeste; and WHEREAS, The Town of Marana has met with the owners and their representatives, and discussed the antiquated land uses contained within the Hartman Hills Specific Plan, and all parties have agreed that the properties associated with the Hartman Hills Specific Plan should be rezoned to "R-36" (Residential, one dwelling per 36,000 square feet); and WHEREAS, the Marana P larming Commission, a tier a public h earing, considered t his Rezoning request on July 31, 2002, and voted unanimously to recommend that the Town Council approve a Rezoning; and WHEREAS, the Marana Town Council heard from representatives of the-owner, staff and members of the public at the regular Town Council meetings held September 17 and November 5, 2002, and have determined that the Rezoning is in conformity with the Future Development Plan Map, as amended, within the Marana General Plan and should be approved, subject to recommended conditions; and WHEREAS, The Town Council had determined that the proposed Rezoning is in the best interests of the citizens of Marana, and is desirable for the reasonable development of the Town of Marana; NOW, THEREFORE, BE IT ORDAINED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Mm Ordinance No. 2002.18 Rev Section 1. The request initiated by the Town of Marana to rezone approximately 431 acres of land generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East, and a portion of Section 7, Range 12 South, Rangel3 East, from Zone "F" (A.K.A. Hartman Hills Specific Plan) to Zone "R-36" (Residential, one dwelling per 36,000 square feet), is hereby approved. Section 2. The purpose of this Rezoning is to abandon the Hartman Hills Specific Plan and the land use designations of Medium, Medium High, and High Density Residential; Commercial/Office; Open Space/Natural Washes and Roads, and rezone the property to "R-36" (Residential, one dwelling per 36,000 square feet), subject to the following conditions: 1. 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, requirements for public improvements. 2. The property owner shall dedicate the necessary rights-of-way for Tangerine Road, the Dove Mountain extension and Camino de Oeste, as delineated in the Towns Transportation Plan or Major Routes plan, for street purposes 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, lot split or any building permit initiated by the property owner. 3. A maximum of thirty-percent of the total site, exclusive of Major Roads dedication, may be disturbed. Building envelopes shall be established through the platting process, reflective of the thirty-percent total site disturbance restriction. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. 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 responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. All open space easement, public trails, and/or wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, as approved by the Development Services Administrator, which shall be revegetated. All such easements, trails, and corridors shall be dedicated to the appropriate entity, acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert, where practical. 7. Prior to submittal of a final plat the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. Marana Ordinance No. 2002.18 Rev 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. 2002.18. 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 of Marana, Arizona, this 21 st day of January, 2003. ATTEST: ~aniel J. I-~och{Jii As Town Attorney and not personally Mayor BOBBY SUTTON, JR. Marana Ordinance No. 2002.18 Rev