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HomeMy WebLinkAboutOrdinance 2008.24 Rezoning for the Marana Main Street specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13439 tCnCORDED BY : RJL og PIM - PAGE : 247 DEPUTY RECORDER ~ `'~ NO. OF PAGES: 11 9544 PE-2 W ~ ~~~~ SEQUENCE: 20082270076 SMARA ~ ~ ~ y 11/21/2008 TOWN OF MARANA `~ ~~ ORDIN 12:37 ATTN : TOWN CLERK `gRIZ01`1Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 11.00 J MARANA ORDINANCE NO. 2008.24 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE MARANA MAIN STREET SPECIFIC PLAN WHEREAS, the Town of Marana is representing the property owners of approximately 28 acres of land located within the southwest quarter of Section 22, Township 11 South, Range 11 East, as described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing on October 22, 2008, and at said meeting voted 6-0 to recommend that the Town Council approve said rezoning, adopting the recommended conditions; 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 November 18, 2008, and has determined that the rezoning should be approved and meets the criteria for a minor amendment to the General Plan, changing the land use designation from "TCPA" (Town Center Planning Area) to "MPA" (Master Planning Area), and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 28 acres of land located within the southwest quarter of Section 21, Township 11 South, Range 11 East, south of Marana Road, from I-10 west to Sandario Road and south to Denny Road (the "Property"), changing the land use designation from "TCPA" (Town Center Planning Area) to "MPA" (Master Planning Area). Section 2. The zoning of the Property is hereby changed from Zone "A" (Small Lot) and "VC" (Village Commercial) to "F" (Specific Plan) creating the Marana Main Street Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Property for a master planned community of multi-story buildings that integrates street front retail, services, entertainment, hospitality, office, and upper floor residential uses, 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 applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. Any preliminary plat or development plan shall be in general conformance with the Land Use Concept of the Marana Main Street Specific Plan. Marana Ordinance No. 2008.24 Page 1 of 3 3. This project is located within the NorthwestMarana Transportation, Lower Santa Cruz River Levee, and Marana Park Benefit Areas, and will be subject to those fees at time of permitting. 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 by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land -owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, includingthe Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 6. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of--way for Marana Main Street. 7. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 8. Potential buyers shall be notified that some or all of the property in this rezoning may be subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 9. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 10. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 11. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 12. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of any preliminary plat or development plan. 13. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II 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. 14. To ensure that the historical heritage of the site is remembered, in the first phase of this development the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. 15. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. Marana Ordinance No. 2008.24 Page 2 of 3 Section 4. 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. 2008.24. Section 5. If any section, subsection, sentence, clause, .phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional bythe :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 ofthe Town ojf Marana, Arizona, this 18th day of November, 2008. ~,~ ~ / Mayor Ed ATTEST: ~~- lyn Bronson, Town Clerk APPROVED AS TO FORM: ~' t' ~ / 'r I ~` ., ~ a Exank Cassidy, Town Attorn ~`~ . ,F „~~ "~~ Marana Ordinance No. 2008.24 Page 3 of 3 EXHIBIT A LEGAL ~ESGRiPT14NS d~" C~~ September 5, 2007 WLB No. 107012-A002-1003:: W:ILEGALS11070151Arizana Tiles doe LEGAL DESCRIPTION MARAP~IA 25 ARIZONA TILi^ PARCEL-1 That portion of the Southwest Quarter {SW 1/4} of Section 22, Township 11 South, Range 11 East, Gila and Safi River Meridian, Town of Parana, Pima County, Arizona, described as follows: CQMMEFICI~G at the West Quarter corner of said Section 22; TH'PvCE N 89°20'39" E, afang fihe West-East mid section line a dis#ance of 232.75 feet to a po'rn# on tine Wes#eriy right-of-way line of Interstate 10; TI?=NCE S 58°17'28" E, along said right-of-way Line a distance of 746.51 fes# #a the PQII~ OF ~EGIIVI~lIfVG. ~'l-I=ivCf= S 3'1°42'32" W, 434.00 feet; TH~1tiCE S 57°30'12" E, 394.82 feet; THEP~Cc S 79°09'02" E, 81.22 feet; THE~fCE N 00°16'03" W, ~i-0.10 feet; THENCE N 89°10'47" E, 225.33 feet; T HEfVCE N 00°15'16" W, 301.01 feet to a paint on the Wnsterly_ righi-of-vvay Eine of said Interstate-10; T HENCE N 58°17'28" W, aiong said right-of-way line a distance of 480.00 feetto the PC3@NT Or= BEGIFdN61~G. CONTAfNING 5.42 acres of land, more or le s. Prepared by: L ! THE WLE GROUP, (NC. ~ ,~ r ~\ 12214 JACK A. BUCHANAN o Jack A. Buchanan, RLS t~ES, JAB: ma ~'4r;. ChED . ~ r- PAGE ~ o~ a Page 1 of 1 0 0 N I I j i 3 J ~ i ~~ ~` ~~~ ~°'•~ Q ~ ^~ " ~~~, N ~ ~ ~ ~~~ -~ ~M~ ~~ ° ---~ ~ ~ N ~O `+''~ ~~~ ~~~a ~, ~-- ~ ~ ~ 0.' cn o ~ ~ o x 0 ~ ~ i ~ .a 0 o ~' a ~ G e f.: Q C n: ~ o t- r ~ O ~. Z X ~~,i " v i m ~, Q r L O ~ r O ~~ m / PAGE 2 OF 8 _ August 28, 2007 WLB lUo. 10701.2-A002-1003Y. ~I ~"lG W:ILEGALS11070151Parcel 2.doc ~~L ~~~~ ,n° LEGAL dcSCRIPTl0l~ MARANA 25 PAf<:CEL 2 That portion of the Southwest Quarter (5W 1/4) of Section 22, Township 11 South, Range 11 East, Gila and Sa#t River tUeridian, Tovvn of IUiarana, Pima County, Arizona, .described as follows: GOMI;/;EREGi~€E at the West Quarter corner of said Section 22; THENCE I~ 89°20'39" E, along the West-East mid section fine a distance of 232.75 feet to a point on the Westerly rigf~t-o. way line of Interstate 10; T HENCE S 58°17'28" E, along said right-of-way line a distance of 85.25 r`eet to the t~'0€£~ T OE BEG9t~P~~;~lG. T HE#~CE S 15°25'37" W, 261.21 feet; T HEfOICE S 89°31'17" W, 204.41 feet to a point on the East right-of-way line of 5an~#ario Road; THEi'~CE S 00°1 S'S6" E, along said line a distance of 50.00 feet; THE[~CE !`d 89°31'17" E, 754.72 feetro a poin# on the Westerly right-of-vray fine of Interstate 10; TNEhICE tJ 58°17'28" W, along said right-of-way f ine a distance ofi 555.44 feet to the FO{Pe T ©E 13EG11+4N9B+EC. CONTAifJlNG 2.18 acres of land, more or less. Prepared by: THE WLB GROUP, IIVC_ ~ ` 12214 JACK A: Jack A. Buchanan, RLS BlJCHANAtJ JAB: mo -~~ \2°n° \! 5 PAGE 3 OF 8 t'"~ .. Page 1 of 1 W Z z 0 c~ w I r-- w ~O ~J ~(~ --- ~~ ~~ ~~ ^~ ~ v ~v ~~ ~- _~- e~ a ~" ~ ~°w~ huh' w cv 2~ :~ U ~ r L a `t ~t9z ~ o t ~: ''i 1 c ~. N o a ,~ . 71 ~ Y ' 1 f I i ----- - E s E~ - O.. ~m ~ J ~ F--~(.7 `-i ~ ~2 ~ ~~4 ~ ~ C~ N `'-+ ~ q c~ ~ ~ ~ ~~ ~ ~ ~~ ~a ~ ~ ~' --- ~ ~ ~` j ~ . ~ ----• ~ ,~ `o ~~ o ~~ v a. v: __- o -- ------SA.l'~.~ARIO ROAD__-__ ~------ j ~ql ! C 11 t--- ~ O j ~~~ ~ ~I f ---------`---\ - ~ ~ 0 x 0 O I N ~ O i O a N 0 i o "` ~: U.-L~ Q1 ~~! ~O O Q r d CQ _..i 3 ~ PAGE 4 OF B August 28, 2007 WLB No. 107012-A002-1003X ~E~~ W:ILEGAi S11070151i'arcel 3.doc ®€.~ '°°' LEGAL DESCP.iPTION MARANA 25 PARCEL 3 That portion of the Southwest Quarter (SW 114} of Section 22, Township 11 South, P.ange 11 East, Gila and Salt P.iver E,/Ieridian, Tawn of Marana, Pima Cour7ty, Arizona, described as follows: COII-dME~iC~NG at the West Quarter corner of said Section 22; THENCE fJ 89°20'39" E, along the West-East mid section line a distance of 232.75 feat to a point on 'the Westerly right-of-way fine of [nterstate 10; THENCE S 58°17'28" E, along said right-of-way line a distance of 650.69 feet io the POIfdT OE= ~EC9NN&NG. THENCE continue S 58°17'28" E, along said right-of-way line a distance of 95.82 feet; Road; THENCE S 31°42'32" W, 434.00 feet; THENCE. N 55°47'58" W, 735.24 feet to a point on the East right-of-way line of Sandario TlirrNCE N 89°31'17" E, 754.72 feet a point on the Westerly right-of-way line of said Interstate 10, being the POJNT D1= BEGINNING. CONTAINING 4.10 acres of land, more or less. Prepared by: THE WLB GROUP, iNC. '~'o, 12214' JACK A. i3UCHANAN Jack A. Buchanan, Rt_S JAB: mo PAGE 5 4F 8 1 Page 1 of 1 c 0 ti q~ ~~~ ~~~ ~~~ b C-, 00 ~ . ,~ i[ ~~~ i ~-` f ~m rJ O i f-~C~ 'i ~~ ~a ~~ ~ ~ ~~ ~~ ~ tid ~ ~~ ~'-+ F-, O T ~ ~ x 0 a a N O ci a~ -o v 0 a N ~ 0 3 o ~ Q~ i ~- ~- U O N ~ ~ O ~ r L1 Q ~ ~ X W U ~ ~ O ~ ~~ PAGE 6 4F 6 September 5, 2007 Wi_i3 No. 107012-k002-1003;: '~ E~ W:ILEGALS1107015iparcel4.doc iii 0~~..II~~. LEGAL DESCRIPTION MARF~NA 25 PARCEL 4 That portion afthe Southwest Quarter (SW 1/4) of~Section 22, Township 11 South, P.ange 11 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, described as fiollows: CO~{l~tlEPvC~ii~G at the VNest Quarter corner of said Section 22; THENCE !~d 89°20'39" E, along the West-East mid section line a distance of 232.75 feet to a point on the Westerly right-of-vray line of Interstate 10; T~'EI~GE S 58°17'28" E, along said right-of-way line a distance of 746.51 feet; T;-lENCE S 31°42'32" W, 434.00 feet to the P©!NT oi= BEGBNNlNG; T~?ENCE S 57°30`12" E, 394.82 feet; T~EPdCE S 79°09'02" E; $1.22 feet; TPEi~CE S 00°16'03" E, 394.62 feet; Tl~E!'SCE S 89°15'58" W, 1017.93 feet to a poini on the Eas# right-of-way line of Sandar-io Road; THEf~CE N 00°15'56" W, along said right-of-way line a distance of 1048.34 feet; ThIENCE S 55°47'57" E, 735.24 feet to fhe P©!Ri T 0~= BEGl~~INlF~G; CONTAINfNG16.35 acres of land, more or Prepared by: THE WLB GRQUP, INC. ~ F.F`~~z~~~r~re do 32214 JACK A. BUCNANAN Jacl. A. Buchanan, RLS S,~~eo~ JABI trio '~~~:°..- ,~ s.". PAGE 7 GF 8 ,t Page 1 of 1 O O M . it ksJ z z 0 U L~.1 (n _~ F-- w c w J ~O ~~ __-_ T/ ~~ 7~ ~~ ^ ~ ~ ~~~ ~~ Q4 ~Y Q ,Vo Y~ ~~ h~ ^~c~ bR ~`~ 7 C ~~C_i Q y ti wv ~~ A7 0 'r-----; :u~aoriu ------ i ------- :~ , e Q. ~ ~~ O ': F-'S(9 f---'"- O i - ~/ _____~ O i_-....___ ~ r^ ~~ Q ~rl ~ ti N ~'---' ~ ~'y _~ ~ v j ' ~__~~ `~~'`'U o _ r+ w ~ o z ~ (~ CYj ~/ ~ ,[~.,~, O ~~ ^~~ ~ ~ W CU ~ ~, .. ~ ~ V ~ ~ ~ ~ o a ~ ---- ~ ~ ~ X M ~ O i O 7048.34' _ ~ ~ - c.3 a~ o ~ ~ ----_.--,SA~I~'ARIO ROAD----- ~ - - ___ ~~ ~ ,; j_j~ ' F~ ~ ~ ~~~ ~ I ~ ~o~ ~; ~ ~' , w S I f--~-~ 0 3 a -o a~ I N - Q L o~ z x u U Q3 ~ ~O O 4-r a ,r•; PAGE 8 OP S