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Home My WebLink AboutOrdinance 2005.28 Rezoning for Camino de Vaquero F. ANN RODRIGUEZ, RECORDER RECORDED BY: PH DEPUTY RECORDER 3056 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12706 1567 5 20052470428 12/22/2005 14:19 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2005.28 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR CAMINO DE VAQUERO. WHEREAS, the applicant, Planning Resources, represents the property owners of approximately 18.54 acres of land located east of the future Dove Mountain Boulevard extension, south of Potvin Lane, west of Decker Drive and generally north of Camino de Manana within a portion of Section 11, Township 12 South, Range 12 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 November 2, 2005, 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 December 20, 2005, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. The rezoning of approximately 18.54 acres ofland, bounded by Potvin Lane to the north, the future Dove Mountain Boulevard extension to the east, Camino de Manana to the south and Decker Drive to the east, complies with the Marana General Plan. Section 2. The rezoning area is hereby changed from Zone "c" (Large Lot Zone) to "R-36" (Residential, 36,000 square feet minimum lot size) on the 18.54 acres ofland, bounded by Potvin Lane to the north, the future Dove Mountain Boulevard extension to the east, Camino de Manana to the south and Decker Drive to the east. 'I :~~~: jiW l:~l !'."'.'. ,CJ' Section 3. The intent of the rezoning is to allow for low density residential development and for the subject property to be consistent with the surrounding zoning, which allows for residential development on lots greater than 36,000 square feet in size and to replace the antiquated zoning designation of"C" with a contemporary zoning. The 18.54 acre rezoning is 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): I'~,~ ;1, i"'ll I!~~; "ill' Marana Ordinance No. 2005.28 Page 1 of3 6' 1. Compliance with all provisions of the Town's codes, Ordinances, and policies ofthe General Plan, current at the time of any subsequent development, including, but not limited to, requirement for public improvements. 2. A maximum of 30 percent of the total site may be disturbed, exclusive of Major Roads dedication. Building envelopes shall be established through the platting process, reflective of the 30 percent total site disturbance restriction. 3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Mar ana. 4. The applicant shall provide proof of service by Northwest Fire Rescue District with the submittal of a preliminary plat. 5. A Native Plant Permit (waiver not acceptable) is required prior to site disturbance for the project infrastructure and for each lot prior to the issuance of any building permits. 6. The Developer shall dedicate, or cause to have dedicated, an additional 90 feet of land to meet the future ISO-foot right-of-way for Camino de Manana. The dedication shall take place within 60 days of approval of this rezoning. 7. The Developer shall dedicate, or cause to have dedicated, an additional 75 feet ofland on the east of the site to meet the future ISO-foot right-of-way for Blue Bonnet Road (future Dove Mountain Boulevard Extension). The dedication shall take place within 60 days of approval of this rezoning. 8. 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. 9. A water service agreement is required with the Town of Maran a prior to approval of water plans and prior to approval of the preliminary plat. 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 ofthe effective date of Ordinance No. 2005.28. Section 5. Ifany 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 '1 ~"::ii 'lj~. !~:~~II ~:::Jj ~;i, ~j::;!! ~f r'" ,,;,,1, ~(""; it;:::11 ~~~l; Marana Ordinance No. 2005.28 Page 2 of3 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 20th day of December, 2005. ATTEST: Marana Ordinance No. 2005.28 t/~~ Mayor Ed Honea ~\\\,nniil", ~~\. OF iti~ ~~ '~\\\"""'I" ~...~ ~O ~ ~~ ~ ::: J.;;. i CORPORATE ~ ~ ~ - ::: c:x:::.o ::'- - - - - - SSEALfS -- ;; ~ ;:;: ~ ~~ ~ s ~ ~1!"'ml\\~ ~ ~'iIZ 19"1 '~~ 1Iilin\\\~ Page 3 of3 ;;Ii J. ~'~:~I itl:;" "? r~;!! ,':::, {,,,I' t;~ :!l I"J' f~l: 1""1 ,,:::1 ~ovemberl6,2005 25176-1 EXHIBIT A Legal Description of Rezoning Area Parcel ~o. 2I6-23-076E All that portion of the Northeast One-Quarter of the Northeast One-Quarter of the Southeast One- Quarter of Section II, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona and being more particularly described as follows: Commencing at the northeast comer of the Southeast One-Quarter of said Section 11 ( found a LCP stamped 1/4 ) , thence South 0 I 0 29' 19" East along the east line of the Southeast One-Quarter of said Section II a distance of30.oo feet (set 1/2" iron pin tagged RLS 12537) to the True Point of Beginning; Thence ~orth 890 49' 09" West and parallel with the northerly line of said Southeast One-Quarter of Section 11 a distance of659.26 feet (set 1/2" iron pin tagged RLS 12537); Thence South 01009' 06" East, 639.59 feet to a found ACP stamped PE 2368; Thence South 89035' 53" East, 663.10 feet to a found ACP stamped PE 2368 on the easterly line of the Southeast One-Quarter of said Section II; Thence ~orth 010 29' 19" West along said easterly line, 642.24 feet to the True Point of Beginning. Containing 9.725 acres ofland more or less. t ~r"'11 ,;It:" \ q;v1i ~~JI I:"" :[:::11 l:~~ ,1. "., "::) ~? l:~ll Exhibit A to Marana Ordinance No. 2005.28 November 16, 2005 25176-2 Legal Description of Rezoning Area Parcel No. 216-23-076B All that portion of the Northwest One-Quarter of the Northeast One-Quarter of the Southeast One- Quarter of Section 11, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona and being more particularly described as follows: Commencing at the northeast comer of the Southeast One-Quarter of said Section II ( found a LCP stamped 1/4 ) , thence South 01 0 29' 19" East along the east line of the Southeast One-Quarter of said Section 11 a distance of30.00 feet (set 1/2" iron pin tagged RLS 12537); Thence North 890 49' 09" West and parallel with the northerly line of said Southeast One-Quarter of Section 11 a distance of 659.26 feet ( set 1/2" iron pin tagged RLS 12537) to the True Point of Beginning; Thence South 01 009' 06" East, 639.59 feet to a found ACP stamped PE 2368; Thence North 890 35' 26" West, 603.33 feet to a found ACP stamped PE 2368 on the easterly right- of-way line of Decker Drive; Thence North 00048' 17" West along said easterly line, 637.10 feet to a set 1/2" iron pin tagged RLS 12537) said point being 30.00 feet southerly of the northerly line of the Southeast One-Quarter of said Section 11; Thence South 89049' 09" East, 599.41 feet to the True Point of Beginning. Containing 8.81 acres ofland more or less. l~li "~ ,~~"" i,,,,~ ~:::i'~ t