HomeMy WebLinkAboutOrdinance 2005.24 Approving a rezoning for the village at barnett
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: CDG
DEPUTY RECORDER
1105 PE2
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET:
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MAIL
AMOUNT PAID
TOWN OF MARANA
ORDINANCE NO. 2005.24
12656
2545
5
20051970483
10/11/2005
15:17
$ 8.00
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MARANA ORDINANCE NO. 2005.24
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING
FOR THE VILLAGE AT BARNETT.
WHEREAS, The WLB Group represents the property owners of approximately 69 acres of
land located north of Barnett Road and east of Sanders Road and within a portion of Section 28,
Township 11 South, Range 11 East, as legally described on Exhibit "A" attached hereto and
incorporated herein by this reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on August 31,2005, and
voted 7-0 to recommend that the Town Council approve the rezoning, adopting the recommended
conditions; and,
WHEREAS, the Town Council heard from representatives of the owner, staffand members of
the public at the regular Council meeting held October 4, 2005, and has determined that the rezoning
should be approved;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Mar ana,
Arizona, as follows:
Section 1. The zoning of approximately 69 acres of land located within a portion of Section 28,
Township 11 South, Range 11 East, on the east side of Sanders Road and north of Barnett Road (the
"Rezoning Area"), is hereby changed from zone "A" (small lot zone) to "R-6" (single family
residential minimum 6,000 square foot minimum).
Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for single family
detached homes, subject to the following conditions, the violation of which shall be treated in the
same manner as a violation of the Town of Marana Land Development Code (but which shall not
cause a reversion of this rezoning ordinance):
1. Compliance with all provisions of town codes, ordinances as current at the time of any subsequent
development, including but not limited to requirements for public improvements unless otherwise
provided by this amendment.
2. A water service agreement and a master water plan must be submitted by the developer and
accepted by the Utilities Director prior to the approval of the water plans.
3. The developer shall be responsible for constructing a southbound left-turn lane on Sanders Road
at Moore Road.
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Marana Ordinance No. 2005.24
Page 1 of3
4. The developer shall be responsible for constructing left turn lanes on southbound Sanders Road at
each of the project's access streets.
5. An avigation easement for the subject property shall be recorded prior to approval of the final
plat.
6. The developer shall install a reclaimed water irrigation system shall dedicate it to the town to
distribute irrigation water to all properties and recreation areas within this development.
7. The developer shall dedicate, or cause to have dedicated, an additional 95 feet of new right-of-
way along Sanders Road running the entire length of the western portion of the property with the
final plat.
8. The applicant shall provide proof of service by Northwest Fire District with the submittal of a
preliminary plat.
9. The preliminary plat shall be in general conformance with the tentative land use plan in the
rezoning as adopted by Mayor and Council.
10. Special landscape and design treatments shall be provided at project entry ways as well as
perimeter walls which create an individual identity for the project and consistency with the
Northwest Marana Area Plan.
11. The property owner shall transfer with the final plat by the appropriate Arizona Department of
Water Resources form those water rights being IGR, Type lor Type II to the Town of Maran a
for the Town providing designation of assured water supply and water service to said property. If
Type I or Type II rights are 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.
12. 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.
13. The lot sizes within the subdivision shall be limited to the following:
. 6,000 square foot minimum - 60%
. 8,000 square foot minimum - 40%
14. This rezoning is valid for five years from the date of Council approval; if the developer fails to
have a final plat recorded prior to the five years, the Town may initiate the necessary action to
revert the property to the original specific plan land use designation upon action by the Town
Council.
15. No approval, permit or authorization by the Town of Maran a authorizing the applicant and/or the
land owner to violate any federal or state laws or regulations, or relieves the applicant and/or the
land owner from responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. The applicant is
advised to retain appropriate expert and/or consult with the appropriate federal and state agencies
to determine any action necessary to assure compliance with applicable laws and regulations.
Marana Ordinance No. 2005.24
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PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
4th day of October, 2005.
ATTEST:
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APPROVED AS TO FORM:
Marana Ordinance No. 2005.24
Page 3 of3
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LEGAL DESCRIPTION OF THE VILLAGE AT BARNETT PROPERTY
The West half of the Northwest quarter of Section 28, Township 11 South, Range 11
East, Gila and Salt River Meridian Pima County, Arizona;
EXCEPT the North 243.09 feet thereof;
EXCEPT the West 30 feet thereoflying within Sanders Road, as shown on the map
recorded in Book 2 of Road Maps, Page 48; and
EXCEPT the South 25 feet thereof, as conveyed to the Town of Maran a for road right-of-
way, being Barnett Road in the Quitclaim Deed recorded in Docket 9014, Page 1556.
Exhibit A to Marana Ordinance No. 2005.24