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HomeMy WebLinkAboutOrdinance 2009.02 Rezoning to create the Mandarina specific planFk. ANN RODRIGUEZ, RECORDER DOCKET: 13499 RECORDED BY: C_V PAGE: 8 DEPUTY RECORDER ~,°F ~I~q ~ NO . OF PAGES : 8 1016 PE-1 ~~ ~O SEQUENCE: 20090340005 SMARA w ~.I~z 02/20/2009 TOWN OF MARANA ~N ~ ~'~ ORD IN 0 8 : 4 6 ATTN: TOWN CLERK 9g~p11E+ 11555 W CIVIC CENTER DR MAIL MARANA AZ .85653 AMOUNT PAID $ 9.50 MARANA ORDINANCE N0.2009.02 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE MANDARINA SPECIFIC PLAN WHEREAS, I-10 Ltd., d/b/a I-10 Limited Partnership, and Tangerine L.L.C., are the property owners of approximately 342.3 acres of land located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South, Range 11 East and of Section 31, Township 11 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Marana Planning Commission held a public hearing on December 17, 2008, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, including that development of the property shall be in accordance with the Mandarina Specific Plan ,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 February 17, 2009, and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Commercial and Medium-Density Residential to 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 342.3 acres of land located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South, Range 11 East and of Section 31, Township 11 South, Range 12 East, changing the General Plan designation from Commercial and Medium-Density Residential to Master Planning Area. Section 2. The zoning of approximately 342.3 acres of land located north of Tangerine Road and east of Interstate 10 within portions of Section 36, Township 11 South, Range 11 East and of Section 31, Township 11 South, Range 12 East (the "Rezoning Area"), is hereby changed from "E" (Transportation Corridor), "C" (Large Lot) and "AG" (Agricultural) to "F" (Specific Plan) creating the Mandarina Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for a mix of residential densities and housing types, recreation and open space, and commercial development, 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. Except as otherwise provided in the Mandarina Specific Plan, development shall be in compliance with all applicable provisions of the Town's Codes, and Ordinances current at the Ordinance 2009.02 ~~~ 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 Mandarina Specific Plan. 3. This project is located within the Northwest Marana Transportation and Marana Park Benefit Areas, and will be subject to those fees at time of building permitting of each residential structure 4. Development of the Property, including infrastructure, is contemplated to progress in phases, over a number of years, that may be non-contiguous until all of the Property is developed. The property owner shall not cause .any further division of the Property without the written consent of the Town of Marana Planning Director or, if applicable, the Town Council. 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, including the 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 maximum allowable residential units for the project shall not exceed 2500. 7. The developer shall dedicate, or cause to have dedicated, within 60 days of demand by the Town, the necessary rights-of--way for Tangerine Road and that portion of Adonis Road south of Tangerine Road imorder to effectuate the planned traffic interchange, at Tangerine Road and Interstate 10, together with all easements .for related roadway, water, sewer and drainage improvements. The developer shall dedicate, or cause to have dedicated, the necessary rights-of- way for Adonis Road north of Tangerine Road and Mandarina Road, (a) in phases commensurate with development of the Property, at the time of Town approval of any final plat or development plan in respect of such portion of the Property, or (b) within 60 days of demand by the Town if Adonis Road or Mandarina Road, as applicable, is the subject of a Town capital improvement project and the alignment of such rights-of--way are in substantial conformance to the locations depicted in the Mandarina Specific Plan as mutually agreed or are in such other location as mutually agreed to by the Town and developer. 8. A master drainage study must be submitted by the Developer and accepted by the Town Engineer prior to Town approval of the initial final plat or final development plan in respect of the Property. 9. The property is within the intended water service area of the Town. A Water Service ,n;,, Agreement and a Master Water Plan must be submitted by the Developer and accepted by the "` Utilities Director prior to the approval of the initial final plat by the Town .Council. 10. 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. The Town or its designated provider shall provide water for such system. p 11. 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 final plat or development plan. Ordinance 2009.02 12. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, any Irrigation Grandfathered Rights or Type I Non-Irrigation Grandfathered Rights appurtenant to the. land in exchange for the Town of Marana as a designated water provider agreeing to provide an assured water supply and related water service to said property. 13. Minor grammar and technical, but not substantive, changes as required by the Town of Marana shall be made to the Mandarins Specific Plan prior to Town Council consideration of the zoning request. 14. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Mandarins Specific Plan in accordance with Sec. 05.06.08 of the Land Development Code (which shall be the applicable Regulation for this purpose). 15. Upon adoption of the ordinance by the Mayor and Council approving the Mandarins Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Mandarins Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 16. The Developer shall contribute, proportionally to the Project's impact, to the cost to design and construct the improvements required to proceed the new Tangerine Road/I-10 traffic interchange and associated roadway network, including without limitation any signalization associated with these improvements upon (1) the completion and approval by the Arizona Department of Transportation and any other parties and public bodies whose approval is required of engineering and construction design plans for the planned traffic interchange, at Tangerine Road and Interstate 10, together with all related roadway intersection locations and roadway, water, sewer and drainage improvements, has occurred; (2) confirmation of funding commitments sufficient to construct the traffic interchange and related improvements, have been confirmed; and (3) water and sewer service being available to the Property. If the developer wishes to submit a preliminary plat or development plan prior to satisfaction of these conditions, the Town may require amendment of the Mandarins Specific Plan. As provided by A.R.S. § 9- 463.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 17. Other than arterial and collector streets included in the Tangerine Road/I-10 traffic interchange project and associated roadway network, additional traffic studies maybe required at the plat or development plan stage for this project. The developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. ~~ 18. Temporary emergency egress will be provided, until construction of a permanent "" roadway is completed, from the northern boundary of the Mandarins project to another existing permanent roadway connection to the Interstate 10 east side frontage road north of Mandarins. ~;~ The Mandarins temporary emergency access may change locations if necessary due to changing conditions. The temporary emergency access will be constructed to the specifications of a 20 feet wide, gated and graded road surface capable of supporting a WB-40 vehicle of 75,000 pounds and will be maintained for passenger vehicle travel. Ordinance 2009.02 19. Before combustible materials are brought on any portion of the Property, that portion of the Property shall either be annexed into a fire district by separate agreement or shall be covered by some other fire protection service that is satisfactory to the Town. 20. Nothing in the Mandarina Specific Plan or these Conditions is intended to, or shall, preclude separate development agreements between the Town and the Developer for reimbursement to the Developer of the cost of infrastructure and other facilities or the land value of rights-of--way and easements, as applicable, or the establishment of an improvement district, community facilities district and/or other mechanisms to finance the cost of infrastructure and rights-of--way. 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. 2009.02. Section 5. 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 MARANA, ARIZONA, this 17`'' day of February, 2009. ATTEST: Joc C. Bron n, Town Clerk APPRO FO Attorney COUNCIL OF THE TOWN OF -,~'" .~-~ ~ _ Mayo • Ed Honea Ordinance 2009.02 Exhibit A - LEGR~L QESCRIPTt(~~1 PARCEL 1: THAT PART OF SECTION 3~; TOWNSHIP 11 SOUTH t~F RANGE 11 EAST, G.& 5. R. B. & IVI., PItUTA COUNTY, ARIZONA, LYING Nt7RTH AND: EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY,• EXCEPT THAT PORTt~N DESCRIBED IN D:OCtGET 76~G AT PAGE 853, AS RECdRDED IN THE OFFICE pF TkiE PI>~1A COUNTY RECQRDI=R t~ARCEL ~: LOT 3; ANE7 THAT PORTION OF LOT 4 IN SI=CTION S''t, TOW1lIVSHIP 11 SOUTH OF RANGE 12 EAST, G. ~ ~. R~ B. ~ M., PIMA CF)tJNTY, ARiZO'NA LYING NORl"H AN1~ EAST OF 7HE RIGHT OF WAY aF THE. UNION PACIFIC RAILROAD AND NORTH OF Tf?-NGERINE ROAfl AS DESCRIBED IN DOCIfET' 11487 AT P4GE 202I~; ANA? PARCEL 3 THAT-FART OF LOTS 1 AND 2 AND THAT PART OF THE SOl1TFIWEST QUAR"FER flF THE SOUTHEAST CUARTER OF THE NORTHWEST QUARTER {1J1J45E4NVf4) OF SECTI'C~N 3~1, TOWNSHIP 11 BOUTH, RANGE 1~ EAST, GILA AhID SALT RIVER MERIDIAN, PIMA CC3UNTY, ARIZONA, LYING SOl1T'HWEST COF CENTRAL. ARIZONA PROJECT TRACT NO. TA-3-fin S'AtD PROPERTIES BEING MCJRI= PARTICULARLY DESCF~tBED AS "~. FOLLOWS: C'ptNIVIENGING RT THE 5C7UTHEAST CORNER OF SAID SECTION 36; THENCE NORTH 00 DECREES 42 MINUTES 58 SECONDS tNEST, A DISTANCE 4F 1011.09 FEET TO THE POINT Of BEGINNING, A POINT O~ fi THE NORTHEASTERLY LIN€ ~,)F THE UNl©N PACIFIC RAILROAD RIGHT- '~"' OI=-tIVAY, S~kID POINT LYING SQUTH 0 DEGEiEES 42 MIN~ITES 5~' ~~ ~~ SECONDS EAST, A DISTANCE OF 1633.01 FEET FROM THE EAS`f QUARTER CORNER ©F SECTION 36; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LAVE NORTH 50 DEGREES 12 MINUTES 14 SECONDS WEST, A. DISTANCE OF 6610.04 FEET Td A POINT ON THE NCQRT'HERLY LINE OF SAID SECTION 36; TMEt~CE UPaN THE NORTHERLY LINE OF SAID SECTION 36, NORTH 89 DEGREES 31 MINUTES 27 SECONDS EAST, A DISTANCE OF 2590.78 FEET. TO THE NORTH QUARTER. CORNER OF SAID SECTION 36, MONUMENTED BY A 11/2 {NCH LEAD CAP ON A 1-JNGH OPEN PIPE. (OUTSIDE DIAMETER, THENCE CaNTINUJNG UPON SAID NORTHERLY LINE, NORTH 89 DEGREES 31 MINUTES D6 SECONDS EAST, A DISTANCE OF 2483,12 FEET TO A 4 ItVGH BRASS DISK STAMPED "U.S. DEPARTIVIENT aF THE INTERIOR2 B.M, R:O.W. 412 694+23.96 2©0' f~T. R-3"; THENJvE Gt7NTIN~JING UPON SAID NORTHERLY LINE, NORTH 89 DEGREES 19 MINUTES 24 SECONDS EAST, A DISTANCE O'F 115.1.3 FEET 1"O A 4 INCH BRASS DISK STAMPED "U.S. DEPARTMENT OF THE INTERIOR B.M. R.OrW. 418. 694+81.63 2D0' RT. ~-5" ON THE S{7UTHWE~TE~LY LINE dF THE.'. l.J'.£; DEPARTMENT. OF TH.E INTERIOR CENTRAL ARIZONA PROJECT TRAOT NO, TA-3-2n (93-9242$}, THENCE UPON SAID S;OUTHSYVESTERLI'UNE., SOUTH 3`D DEGREES 35 MINUTES 44 SECONDS EAST, A DISTANCE OF 96.13 FEET TO A POINT ON THE EAST LINE dF SAID SEGTIE~N 36, MdNUMENTED Bl' A ONE-HALF INCH fEBAR WITH A TAG MARKED "PE 2368"; THENCE CONTINUING UPON. SAID SOUTHVIIESTERLY LINE, SOUTH 30 DEGRJ=ES 26 MINUTES 15 SECONDS EAST, A DISTANCE OF 1022'.83 FEET TE? A 4 INCH BRASS DESK STAMPED "U.~. bEPARTMENT QF THE INTERIOR BM R.O.W. 706+fl0.06 1'00' RT. R-8 "; THENCE CG?NTIN ING UPON SAID SOUTHWESTERLY LJNE, SflUTI-t 34 DEGREES 2"6 MINUTES 50 SECONDS EAST, AA DISTANCE OF 1069.47 FEET TO A 4 INDH BRASS DISK STAMPED "U.S. DEPARTMENT dF THE INTERIOR B.M. R.0:1~V'. 414 716+69.42 10"0' RT. Ft-~'; THENiGE CONTIJVUJNG UPON SAID SOUTHWESTERLY LINE, SOUTH 1 DEGREES 50 MJNUTES 10 SEGQNDS EAST, A DJSTANGE OF 672.'10 FEET TO A4 INCH BRASS DISK STAMPED "U.S. DEPARTMENT dF THE '~ INTERIOR B.M. R.d.W. 415 X23+68,1'9 1(?Q' RT. R-3"; ~'~ THENCE UPON THE WESTERLY LINJ= OF SAID CENTRAL ARIZONA PROJECT, SOUTH 88 DEGREES 48 MINUTES 18 SECONDS WEST,. A DISTANCE OF 100.01 FEET TO AFIVE-EIGHTHS INCH REgAR WITH A 1-1I2 INCH ALU'MI'NUM CAP STAkMPED'"416 R.O.W. RT,"; THENCE CONTINUING UPON SAI.[~ WESTERLY LLNE, SOUTH 0'f DEGREES 07 MINUTES 06 SECONDS EAST, A DISTANCE OF '102.35 FEET TO A. F1VE- EIGMTHS (NCH REBAR WITH A 1-1/2 INCH ALUMINUIUI CAP STAMPED "MMLA RLS "18557" ON THE EAST-WEST'CENTER SC=GTION LINE OI= SECTI'iQN ~1 THENCE UPON SAID EAST-1tIFEST CENTER SECTION LINE, NORTH DEGREES. 32 MINUTES 13 SECONDS EAST, A DISTANCE f3F 82.9 FEET TO THE NORTHEAST CORNER OF LOT ~, MONUMENTED BY AEI 1-1/2 INCH ALUMINUM: CAP (PIA 2" PIPE (INSIDE DIAf~IETER); STAMPI=D "ANDERSON PE 235$"; THENCE UPON THE EAST LINE OF LOT 3 OF SECTItIN S1, SQUT'H 00 DEGREES 37 MINUTES 06 SECONDS EAST, A DISTANCE OF 1~~0.~7 FEET TO THE SOUTHEAST CORNER OF LOT 3 AND THE NOl~THEAST' CORNER OF LOT 4, I1IIO~NUMENTED BY AN '1-1/2 INCH ALUM'(NUM GAP OIV A ONE- HALF INCH' REBP-R STAMPED "S/S RLS: 75'99"; THENCE UPON-THE EAST LINE Of LOT 4, SOUTH 00 DEGREES ~6 IVI1PIUfiES 27 SECONDS EAST, A DISTANCE Of 520:54 FEET TO A ~/Z INCH REBAR WITH A TAG MARKED "RLS 14145" ON THE NORTHEASTERLY LINE C3F TANGERINE ROAD PER DOCKET 11.487 AT PAGE 2029,, SAID POINT LYING ON AN P-RC OF ANON-TANGENT CURVE, CONCAVE SOl1THEASTERLY, ARADIAL BEARING OF SAID CURVE THRCOUGH SAID POINT BEING NORTH 27 DEGREES B6 M'fNUTES 1~ SECOPIDI~ WEST;. THENCE S4UTHWEST`ERLY t1PCN SAIC}'NURTHEASTERLY LINE, ALONG A CURVE T4 THE LEFT, HAVING A RADIUS OF 1104.95 FEET AND A CENTRAL ANGLE OF 22 DEGREES 15 MINUfiES 54 SECONDS, FOR AN ARC DISTANCE OF 429.38 :FEET., TO A PAINT aF TANGENCY, MONUMENTED BY AFIVE-EIGHTHS (NCH RESAR TAGGED "MfVILA RL '18557"; THENCE UPON SAID NC}RTHEASI`ERLY L1NE, SOUTH 39 DEGREES 47 MINUTES 54 SECONDS WEST, A DISTANCE a'F 200.:00 FEET TO A FIVE- "' EIGHTHS IPfCFi REBAR TAGGED "MMLA RLS 1557" €7N THE NORTHEASTERLY RIGHT OF WAY OF l`IiE UNION PACIFIC RAILROAD; THENCE ON THE NOORTHEASTERLY L1NE OF SAID RAILROAD RIGHT-O.F- `.I WA ,NORTH 50 OEGPEES 12 MINUTES 14 SECONDS WEST, A DISTANCE ; a OF 967.10 FEET TO THE POINT ~3F BEGINNING. TH'E ABOVE-DESCRIBED PROPERTIES (PARCELS I, II, AND LII) CONTAIN 3422:97 ACRES OF LAND, MORE OR LESS.. PARCEL 1: 245.808 AC. RARCEL 2: ' 54.459 AC. PARCEL 3: 41.030 AC. ~~~FICAT 1.8557° JQ. 1'EAGUE 2~i O. Teague. R.L.S. 18557 ~,~ki'1~~ ~~t5~2~ft3 j I f I ,„„I ~M a 3 F. ANN RODRIGUEZ, RECORDER E2.~CORDED BY : C_V DEPUTY RECORDER ~°g ~I~~ 1016 PE-1 ~~ ~O~ SMARA W i~~Z TOWN OF MARANA ~N \ ~ ~'~ ATTN: TOWN CLERK AILIZO~Q' 11555 W CIVIC CENTER DR MARANA AZ 85653 DOCKET: PAGE NO. OF PAGES SEQUENCE: CONSEN 13499 6 2 20090340004 02/20/2009 08:46 MAIL AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.02 I-10 LTD., D/B/A I-10 LIMITED PARTNERSffiP, a Colorado limited partnership, and TANGERINE L.L.C., a Colorado limited liability company (collectively, the "Owners") own the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009.02 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08049, filed on behalf of the Owners, which the Marana Town Council approved with conditions on February 17, 2009 bypassing the Rezoning Ordinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this. day of February, 2009. I-10 LIMITED PARTNERSffiP, a Colorado limited partnership, By: MSP INVESTMENT CO., LLP, A Colorado limited liability Partnership, its General Partner BY: F~ a us'~alko ~tsh, General Partner TANGERINE, LLC, A Colorado limited liability company rcus Palkowitsh, Managing Partner {oooo~~.ooc i} Rezoning Prop 207 Waiver Mandarina Specific Plan Rezone STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before Palkowitsh the General Partner of MSP INVESTMENT partnership, as General Partner of I-10, LTD, d/b/a I-10 partnership, on behalf of the LLP. My commission expires: ~~ 11, any ~ STATE OF ARIZONA ) SS County of Pima ) ne on February ,J~, 2009 by Marcus Co., LLP, a Colorado limited liability Limited Partnership, a Colorado limited ~~ Notary Public OFFICIAL SEAL NOLETTE HERNANDEZ Notary Public - State of Arizona PIMA COl1fV1Y My Comm. Expires April f f, 2b09 The foregoing instrument was acknowledged before Palkowitsh, Managing Partner of TANGERINE L.L.C., behalf of the LLC. My commission expires: ~~~ ~pb~ me on February ~, 2009 by .Marcus a Colorado limited liability company, on ~~ Notary Public ~ QFFiCIAL sERL NOLET7E HERN~NDEZ Notary Public - State of Arizona P6MA C®t1tV7Y My Comm. Expires Aprii 11,2009 {OOOOxxxx.DOC /} Rezoning Prop 207 Waiver Mandarina Specific Plan Rezone