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HomeMy WebLinkAboutOrdinance 2002.27 Approving the Narramore rezone near Silverbell north of Linda Vista Blvd F. ~ RODRIGUEZ, RECORDER DEPUTY RECORDER 8013 AS2 SM3~RA TO~ OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11959 PAGE: 4572 NO. OF PAGES: 7 SEQUENCE: 20030021395 01/03/2003 ORDIN 16:59 MAIL AMOIrNT PAID $ 9.00 MARANA ORDINANCE NO. 2002.27 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY BRUCE NARRAMORE TO REZONE APPROXIMATELY 24.5 ACRES OF LAND LOCATED IMMEDIATELY WEST OF SILVER_BELL ROAD AND NORTH OF LINDA VISTA BOULEVARD IN SECTION 17, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "C" (LARGE LOT ZONE, MINIMUM LOT SIZE OF 25 ACRES) TO "R-144" (SINGLE FAMILY RESDENTIAL, M]2NqMUM LOT SIZE OF 144,000 SQUARE FEET), ASSESSOR'S PARCEL NUMBER 226-03-033J. WHEREAS, Bruce Narramore is the owner of approximately 24.5 acres of land, located 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 Commission the approval of the rezoning request subject to conditions; and WHEREAS, the Marana Planning Commission, a tier a public h earing, considered t his rezoning request on November 13, 2002, and voted unanimously to recommend that the Town Council approve said rezone, adopting the recommended staff conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staffand members of the public at the regular Town Council meeting held December 17, 2002, and has determined that the rezoning is in conformity with the General 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 24.5 acres located immediately east of Silverbell Road and north of Linda Vista Boulevard in Section 17, Township 12 South, Range 12 East, is hereby changed from "C" (Large Lot Zone, minimum lot size 25 acres) to "R-144" (Single Family Residential, minimum lot size 144,000 square feet), Assessor's Parcel Number 2 26-03-03oJ. Section 2. The purpose ofth/s rezoning is to allow for the development of low-density residential uses, 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 imprrJvements. 2. The applicant shall dedicate Silverbell Road a minimum of 30-feet half-width right-of-way, for street purposes, as delineated in the Town's Transportation Plan or Major Routes plan, 45 Marana Ordinance No. 2002.27 Page 1 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, development plan, lot split or any building permit initiated by the property owner. The applicant shall dedicate a 20-foot slope easement along Silverbell Road to the Town of Marana. 4. 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 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 regulations. 5. The property owner shall not cause a lot split of any kind without the submittal and approval of a minor land division application by the Planning Director. 6. Archaeological clearance must be granted by the Arizona State Museum before any ~ading permits will be issued by the Town of Marana. 7. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2001.02. 8. The site plans for the individual lots shall establish graded building envelopes not to exceed twenty percent (20%), not including driveways, utility installations and the twenty-foot slope easement along Silverbell Road, before any grading permits will be issued by the Town of Marana. Prior to any building permits being issued, the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. 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. 2002.27. 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 17th day of December, 2002. 4 Marana Ordinance No. 2002.27 Page 2 APPROVED AS TO FORM: As Town Attomey and not personally ~or [3OBBY SUTTON, JR. Marana Ordinance No. 2002.27 Page 3 EY/~IBIT LEGAL DESCRIPTION ORDER NO. 96227038 (1ST AMENDMENT) ALL THAT PORTION OF THE EAST ONE-HALF OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 12 SOUTH, R3~NGE 12 EAST, GILA A_ND SALT RIVER BASE AND ~RiDIAN, PIF~ COITNTY, ARIZONA, MORE PARTICUTJuRLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID EAST ON'E-HALF, FROM ~iICH THE NORTHWEST CORNER THEREOF BEARS NORTH 89 DEGREES 49 MI~u~ES 29 SECONDS EAST, 200.00 FEET DISTANT, T~r~NCE SOUTH 11 DEGREES 40 MINUTES 00 SECONDS WEST, 759.85 FEET; THENCE SOUTH 26 DEGREES 30 MINUTES 00 SECONDS EAST, 1376.62 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 36 SECONDS EAST, 660.00 FEET NORTHERLY OF AND PA3tA.LLEL WITH THE SOuT~ LINE OF SAID EAST ONE-HALF, 660.00 FEET TO THE EAST LINE THEREOF; Tu~CE NORTH 00 DEGREES 02 MInuTES 06 SECONDS WEST ALONG SAID EAST LI~, 485.60 FEET TO THE WESTERLY RIGHT-OF-WAY OF SILVERBELL ROAD; · ."T/KNCE NOR~RLY ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES: NORTH 19 DEGR.EES 14 FLI~u='ES 07 SECONDS WEST, 150.49 FEET TO A POINT OF CURVAturE; NOR_.~6..ERL¥ ~0NG A CUR%~ CONCAVE TO THE EAST HAVING A RADIUS OF 2030.00 FEET AND A CENTRAL ANGLE OF 06 DEGREES 16 MI~u~ES 05 SECONDS, AN ARC LENGTH OF 222.08 FEET TO A POINT OF TANGENCY; NORTH 12 DEGREES 58 ~uTES 02 SECONDS WEST, 131.86 FEET, NORTH 15 DEGREES 26 ~u~ES 11 SECONDS WEST, 1041.73 FEET TO T~w. NORTH LINE OF SAID EAST ONE-HALF; ~CE LEA%.ql~G SAID ~STERLY RIGHT-OF-WAY, SOUTH 89 DEGREES 49 F-TNUTES 29 SECONDS WEST ALONG THE NORTH LINE OF SAID EAST ONE-HALF, 702.27 FEET TO THE POINT OF BEGINNING; EXCEPT THEP~FROMANY PORTION LYING WITHIN ~ FOLLOWING DESCRIBED PROPERTY.: (AS PARTIALLY RELEASED BY DEED OF PARTI;tL RELEASE AND PARTIAL RECONVEYANCE RECORDED JULY 21, 1989 IN DOCKET BOOK 8584 AT PAGE 307) · ~L OF THAT PORTION OF THE WEST HALF OF SECTION 17, TOWNSHIP 12 Continued on next page STE%'ART TITLE GUARANTY COMPANY LEGAL DESCRIPTION CONTINTPED ORDER NO. 96227038 (1ST AM~NDF~ENT) SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, P/FA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUT~ 00 DEGREES 04 MINUTES 02 SECONDS EAST, 1,321.97 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTP~ST QUARTER; THENCE NORTH 89 DEGREES 49 MINUTES 29 SECONDS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 322.37 FEET; TPL~NCE SOu'I'd 02 DEGREES 19 MI~u'£'~S 28 SECONDS WEST, 99.00 FEET; T~ENCE SOUTH 13 DEGREES 11 MINUTES 09 SECONDS WEST, 292.00 FEET; T~ZNCE SOu'£'n 09 DEGREES 32 MI~u'I'ES 59 SECONDS EAST, 58.00 FEET; T~T~CE SOU'I'h 26 DEGREES 10 MINUTES 47 SECONDS WEST, 51.00 FEET; Tk=~NCE SOUTH- 77 DEGREES 31 MINUTES 32 SECONDS WEST, 37.00 FEET; TH~---~NCE SOUTH 35 DEGREES 01 MINUTES 59 SECONDS WEST, 114.00 FEET; T~L-~NCE SOUTH 35 DEGREES 49 MINUTES 56 SECONDS EAST, 277.00 FEET; TEr~CE SOUTH- 30 DEGREES 16 MInuTES 5.9 SECONDS EAST, 237.00 FEET; TP.~ENCE SOUTH 14 DEGREES 50 MII~u'i'ES 32 SECONDS F~%ST, 307.00 FEET; THENCE SOUT~ 23 DEGREES 20 MIBu'~'ES 44 SECONDS EAST, 39.22 FEET; TA~NCE SOUTH 89 DEGREES 35 MINUTES 36 SECONDS WEST, 490.26 FEET; Tn--~CE SOUTH 14 DEGREES 41 MINUTES 35 SECONDS EAST, 188.17 FEET; THENCE SOU'i'~ 06 DEGREES 37 MINUTES 15 SECONDS EAST, 64.00 FEET; TR~NCE SOUTH 43 DEGREES 16 MINUTES 25 SECONDS EAST, 441.47 FEET; T~CE SO -UT~- 28 DEGREES 41 MINUTE 23 SECONDS EAST, 66.41 FEET; T~NCE NORTH-- 89 DEGREES 35 MINUTES 36 SECONDS EAST, 248.08 FEET; 'l'n~qCE SOu'I'n 00 DEGREES 02 MI~u'I'~-'S 06 SECONDS EAST, 660.00 FEET TO A POILU ON ~ SOUX'-~ LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; Continued on next page STEP'ART TITI. E ~^~^~ co.,^~ LEGAL DESCRIPTION COh~TINUED ORDER NO. 96227038 (1ST AMENDM2~'T) THENCE SOUTH 89 DEGREES 35 MINUTES 36 SECONDS WEST, ALONG SAID SOUTH LINE OF THE SOUTPIWEST QUARTER, 424.57 FEET; THENCE NORTH 13 DEGREES 30 MINUTES 53 SECONDS EAST, 367.26 FEET; THENCE NORTH 11 DEGREES 43 MINUTES 44 SECONDS WEST, 281.91 FEET; THENCE NORTH 43 DEGREES 01 MINUTES 15 SECONDS WEST, 520.75 FEET; THENCE NORTH 14 DEGREES 16 MINUTES 00 SECONDS WEST, 397.63 FEET; THENCE NORTH 20 DEGREES 06 MINUTES 00 SECONDS EAST, 149.26 FEET; THENCE NORTH 41 DEGREES 18 MINUTES 11 SECONDS WEST, 196.51 FEET; THENCE NORTH 00 DEGREES 36 ~ES 30 SECONDS WEST, 458.03 FEET; T'~v~r~CE NORTH 04 DEGP. EES !5 MINUTES 21 SECONDS EAST, 392.41 FEET; THENCE NORTH 19 DEGREES 34 MIR-UTES 01 SECONDS WEST, 107.58 FEET TO A POINT ON THE SOUTH LiI~'E OF SAID NORTPIWEST QUARTER; THENCE NORTH 89 DEGREES 49 MINUTES 29 SECONDS EAST, ALONG SkID SOUTH LINE, 100.51 FEET; Ti.~ENCE NORTH 00 DEGP~EES 00 MINUTES 00 SECONDS EAST, !90.00 FEET; THEI~CE NORTH 17 DEGREES 08 MINUTES 37 SECONDS WEST, 174.25 FEET; THENCE NORTH 28 DEGREES 18 M!IFUTES 03 SECONDS WEST, 442.94 FEET; THENCE NORTH 08 DEGREES 44 MINUTES 46 SECONDS EAST, 131.53 FEET; Tt!KNCE NORTH 00 DEGP~ES 00 MI/~u'A'ES 00 SECONDS EAST, 205.00 FEET; T'rL~NCE NORTH !2 DE~REES 44 I~TI~o'A'ES 53 SECONDS WEST, 245.55 FEET TO A POII~T ON ~ NORTH LII~'E OF SkID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; ~CE NORTH 89 DEGREES 49 M!I~u'i'ES 02 SECONDS EAST, kLONG Skid NORTH LINE, 472.00 FEET TO ~ POiATT OF BEG!AT~ING. A-ND EXCEPT TIiEREFROM, "-"-~ FOLLOWING DESCRIBED PROPERTY: ALL THAT PORTION OF ~ SOu'£'~TEST QUARTER OF SECTION 17, TOW~S~F~P 3.2 SOUTH, RANG~. 12 EAST, GiLA AND SALT RIVER BASE A/TD ~ERIDIAN, P/2~A COU~i~/, ARIZONA, MORE PARTIcul~%P-LY DES~iED A~ FOLLOWS: Continued on next page 99-C~1 STEWART TITLE GUARANTY COMPANY LEGAL DESCRIPTION CONTINIIED OkDER NO. 96227038 (1ST A~fENDM~/~'T) BEGINNING AT A POINT ON THE EAST LINE OF SkID SOUTT{WEST QUARTER, FROM ~q!.ICH THE SOUTHEAST CORNER TI{EILEOF BEARS SOUTI{ 00 DEGREES 02 ~!NUTES 06 SECONDS EAST, 660.00 FEET DISTANT; TR~lgCE SOUTH 89 DEGREES 35 MINIY2ES 36 SECONDS WEST ALONG A LINE 660.00 FEET NORTH OF AND PAP3%LLEL WITH THE SOUTH LINE OF SkID SOUTIfWEST QUARTER, 660 . 00 FEET; THENCE NORTH 26 DEGREES 30 M!NIYf~ES 00 SECONDS WEST, A DISTANCE OF 699.30 FEET; T;;~r~CE NORTH 8.9 DEGREES 35 MINUTES 36 SECONDS EAST, k DISTANCE OF 922.16 FEET TO THE WESTERLY RIGI~T-OF-WA¥ LIllE OF SILVERBELL ROAD; ~CE SOu'.t'fI 19 DEGREES 14 MINUTES 07 SECONDS EAST A.LONG SA~D WESTERLY RIGI~T-OF-WAY, A DISTANCE OF 150.49 FEET TO TIlE EAST LINE OF SA,TD SOUTHWEST QUARTER; T~u~NCE SOUT~ 00 DEGREES 02MINUTES 06 SECONDS EAST ALONG SkID EAST LINE, k DISTANCE OF 485.60 FEET TO THE POINT OF BEGINNING. STEP'ART TITLE