HomeMy WebLinkAboutOrdinance 2002.19 Approving a rezone by the by the University of Arizona foundation F. ANN RODRIGUEZ,
RECORDED BY: MMW
DEPUTY
0503
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
RECORDER
RECORDER
DOCKET: 11894
PAGE: 5220
NO. OF PAGES: 6
SEQUENCE: 20021880958
09/27/2002
ORDIN 16:38
MAIL
AMOUNT PAID $ 8.50
MARANA ORDINANCE NO. 2002.19
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONE REQUEST BY THE UNIVERSITY OF ARIZONA
FOUNDATION, TO REZONE APPROXIMATELY 61.2 ACRES OF LAND LOCATED IN THE
NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 13 SOUTH, RANGE 12 EAST, ON THE
WEST SIDE OF SILVERBELL ROAD, SOUTH OF INA ROAD, FROM ZONE "R-144" (SINGLE
FAMII.y RESIDENTIAL, MINIMUM LOT SIZE 144,000 SQ. FT.), TO "R-16" (SINGLE FAMILY
RESIDENTIAL, MINIMUM LOT SIZE 16,000 SQ. FT.), ASSESSOR'S PARCEL NUMBER 214-
040-0430.
WHEREAS, The University of Arizona Foundation is the owner of approximately 61.2 acres
of land located in the Northeast Quarter of Section 2, Township 13 South, Range 12 East, west of
Silverbell Road, south of Ina Road, as depicted on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS, in reviewing the rezoning request, staff recommended to the Planning and
Zoning Commission the approval of the rezoning request subject to several conditions; and
WHEREAS, the Marana Planning Commission, after a public heating, considered this
rezoning request on June 26, 2002, and voted 5 to 1 in favor of recommending that the Town
Council approve said rezone, adopting the recommended staff conditions; and
WHEREAS, the Marana Town Council heard from representatives of the owner, staffand
members of the public at the regular Town Council meeting held September 17, 2002, and has
determined that the rezoning is in conformity with the General Plan and should be approved, subject
to 23 conditions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. The zoning of approximately 61.2 acres located in the northeast quarter of Section 2,
Township 13 South, Range 12 East, west of Sih, erbell Road and south of Ina Road, is hereby
changed from zone "R-144" (single family residential, minimum lot size 144,000 sq. ft.), to "R-16"
(single family residential, minimum lot size 16,000 sq. ft.), Assessor's Parcel Number 214-040-0430.
Section 2. The purpose of this rezoning is to allow the creation of single family detached homes,
subject to the following conditions:
1. This rezoning is valid for three years from the date of Town Council approval provided that if the
developer fails to have a plat recorded prior to the three years the property shall revert to the
ori~nal zoning without further action by the Town Council.
Marana Ordinance No. 2002.19
Page 1
2. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General
Plan.
3.The preliminary plat shall be in general conformance with the tentative development plan.
4. Archaeological surface inspection shall be conducted and have clearance provided prior to any
ground disturbing activities.
5. The applicant shall provide the necessary authorization and documentation and from the Western
Area Power Administration (WAPA) with the subsequent plat submittal.
6. The final arrangement of lots 38 - 41 as well as the design and arrangement of the access that
serves these lots shall be configured in such a way that is satisfactory to the Town Engineer and
the Planning Director.
7. Access to Lot 8 shall be from Silverbell Road and shall be at a location acceptable to the
Development Services Administrator.
8. A continuous left turn lane shall be installed at the applicant's expense along the project site's
frontage on Silverbell Road, subject to the approval of the Development Services Administrator.
9. The rezoning site shall be limited to a maximum of 41 lots. The project's gross site disturbance
shall not exceed 30%.
10. All open space easements, 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 ~asements, trails, and
corr/dors shall be dedicated to the appropriate entity, acceptable to the Town and at a time
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.
11. No approval, permit, or author/zation of the Town of Marana authorizes the applicant and/or
landowner to v/olate 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
hereby 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
re~lations. '
All required fees of the Marana South Transportation Benefit Area shall be paid by the developer
in accordance with Ordinance 2001.02.
No home on the proposal site shall exceed one (1) story, except along Silverbell Road, which may
be m,o (2) stories. Lots adjacent to the west property line (tdp lot numbers 18, 31, 36 and 37)
shall be limited to a maximum height of 20-feet. However there w/Il be an 18-foot building heieht
contour hne that cannot be exceeded, that will be deterrrfined based upon the highest existing
elevation in the building envelope. Lots adjacent to the south property line (tdp lot numbers:
11,12, 13, 14, 15, 16 and 17) shall be limited to a maximum height of 20 feet.
The preliminary plat for the project site shall establish graded pad envelopes not to exceed 16.000
square feet, w/th an average graded pad envelope of 14,400 square feet, not including dr/veways
and utility installations. Any graded area in excess of 14,400 square feet shall be revegetated to be
identical with the surrounding vegetation.
There shall be no connectivity between Waycross Road, Martingale Lane, Bridle Way, or
Abin~on Lane and any access point, right of way, road, or lot within the project area.
Combined with Condition 10.
.~ny ~ading within areas of 15 % or greater slopes for driveways, walls, or other utilities shall be
minimized and require approval by the Development Services Administrator and the Planning
Director.
12.
13.
14.
15.
16.
17.
Marana Ordinance No. 2002.19
' Page 2
18. The developer shall agree to enter an agreement with the impacted parties, as specified in Exhibit
"B", regarding development standards for lots 12-19 and 31-38 and any encroachment into
undisturbed buffer areas adjacent to neighbors. Such agreement shall be approved by a majority
of the impacted part/es prior to preliminary plat consideration and shall be enforceable solely by
the impacted party or parties as listed in the specified attachment.
19. The applicant shall provide an area of undisturbed open space along the southern boundary
equivalent to the rear setback of the R-144 zone, or 75-feet, whichever is greater at the time of
adoption, except on Lot 18, which shall provide an undisturbed open space along the southern
boundary of 100-feet.
20. The applicant shall provide a 40~foot setback along the western boundary. The setback shall be
preserved as open space, and any area disturbed within this setback shall be revegetated to be
identical with the surrounding vegetation.
21. The applicant, through the Town of Marana normal notification process, shall notify the impacted
parties, as specified in Exhibit "B", if any request is made to mod/fy, eliminate, or add to the
conditions listed herein.
22. The minimum width of the two designated wildlife corridors shall be 200-feet and where possible,
revegetation shall occur in undisturbed areas beyond the 200-foot minimum width.
23. These conditions in their entirety, and all associated attachments, shall be included with this parcel
for the current proposal, and for any and all subsequent proposals reghrding development,
subdivision, or rezoning of this property.
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. 2002.19.
Se_ction 4: If any section, subsection, sentence, clause, phrase or portion oftkis Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jur/sdiction,
such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the M~yor and Council of the Town of Marana, Arizona, this 17th day
of September, 2002.
ATTEST: ~
~/Town Cl[rk (~
As Town Attorney and not personally
~ON, JR.
Marana Ordinance No. 2002.19
' Page 3
i.--:
Exhibit A
All that portion of Lots 1, 2 and 5 and the Southwest Quarter of the Northeast Quarter of Section 2, Township 13
South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of the
West right of way line of Silverbell Road.
EXCEPTING the following described parcel:
BEGINNING at a point in the West line of said Northwest Quarter of the Northeast Quarter 17.3 feet South of the
Northwest comer thereof;.
THENCE Southeasterly along the Southwesterly line of what is known as Silverbell Road, following the course
of said road, 609.2 feet to a point; ·
THENCE We~ 411.7' feet, more or less, to a~,~,,,,-~:~' ';r;, *~',,,e Woe ..... l;n~ ,,¢ said Northwest Quarter of the Northeast
Quarter;
THENCE North along said West line 449.3 feet, more or less, to the POINT OF BEGINNING.
.~LSO EXCEPTING that portion of the Northwest Quarter of the Northeast Quarter of s~id Section 2, conveyed to
~/.R.C. Nourse by Deed dated March 1, 1949, bounded and described as follows:
BEGINNING at a point on the North and South center line of said Section, which point is 36.35 feet Southerly
from the North Quarter corner of said Section, said point also being the intersection of the North and South
center line of said Section 2, with the Southwest right of way line of the Pima County Silverbell Road;
THENCE-in a Southwesterly direction along the said Southwest right of way line of said Silverbell Road, a
distance of 1158.95 feet to a point;
THENCE Westerly and paraIlel with the North line of said Section 2, a distance of 770.0 feet to a point which
intersects the North and South center line of said Section;
'THENCE Northerly along the said North and South center line of said Section, a distance of 855.25 =,ee,' To the
POINT OF BEGINNING.
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