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Home My WebLink AboutOrdinance 2006.03 Rezoning to create the gladden farms II specific plan F. ANN RODRIGUEZ, RECORDER RECORDED BY: M S DEPUTY RECORDER 1966 PE3 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12758 2240 6 20060470590 03/10/2006 14:48 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN MAIL AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2006.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE GLADDEN FARMS II SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 636 acres of land located within portions of Sections 34 and 35, Township 11 South, Range 11 East, as depicted on Exhibit "A" and Exhibit "B", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December 14, 2005, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives ofthe owner, staff and members of the public at the regular Town Council meeting held March 7, 2006 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Medium Density Residential and Corridor Commerce 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 636-acres of land located within portions of Sections 34 and 35, Township 11 South, Range 11 East, east of the existing Gladden Farms development, south of Moore Road and north ofthe future Tangerine Farms Road (the "Rezoning Area"), changing the land use designation from Medium Density Residential and Corridor Commerce to Master Planning Area. Section 2. The zoning of approximately 636-acres ofland located within portions of Sections 34 and 35, Township 11 South, Range 11 East, east of the existing Gladden Farms development, south of Moore Road and north of the future Tangerine Farms Road (the "Rezoning Area"), is hereby changed from Zone "c" (Large Lot Zone) to "F" (Specific Plan) creating the Gladden Farms II Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Maran a Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): Marana Ordinance No. 2006.03 Page 1 of3 ~ l ..~ II~" ~'~~I i:~ :121 l'~ :~~ "I "It. ,!~ ISI (0 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. The ultimate development proposed by this rezoning shall be consistent with the adopted development agreement. 3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 4. 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. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Moore Road and Clark Farms Boulevard with the recording of the final block plat or within 60 days of demand by the Town. 6. A water service agreement shall be submitted by the developer and accepted by the Utilities Director prior to the Water Master Plan being accepted by the Utilities Director. 7. A sewer service agreement shall be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the Sewer Master Plan being accepted. 8. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plan. 9. 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 I Association. The developer shall record an avigation easement with the recording of the final block plat. Upon adoption of the ordinance by the Mayor and Council approving the Gladden Farms II Specific Plan, the applicant shall provide the planning department with the following final edition of the Gladden Farms II Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within 60 days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions ofthe Marana Town Council in conflict with the provisions ofthis Ordinance are hereby repealed, effective as ofthe effective date of Ordinance No. 2006.03. 10. 11. ,oji ~;.[~ <;~: <I.,,,,, ~;,",r' i15~ ::~:: II~~ ,,l,, ,(,1, f 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. Marana Ordinance No. 2006.03 Page 2 of3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of March, 2006. ATTEST: Marana Ordinance No. 2006.03 Page 3 of3 MaYOrEfrC~ ~ ~~~!n",,, );- MAl .~ .~.. ~\\M""l,'t 1>~ ~ ~ 0 ~ <'~?A' ~ ::: ~ i COqPO,'lATf ~ j;. ..... .. ::: CJt:X:) ~ = = SSE~.4.;r::: - ~ ~ .,Cl.LI$ ;: ~ ":..~ ~ ~ ~ "'1 ~llil'm'\\~ ~ ~/f'i)t/Z. '\ g ~\~ 11114U1\\- i Il'~~ rli:;, '7 S ~;:~~; w;~ ::7 :, ,:1 :;~~ EXHIBIT "A" That part of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwest right of way line of the relocated Tucson-Picacho Highway, Federal Interstate Project 94, as it existed on May 15, 1950; EXCEPT THEREFROM the right of way for Moore Road, formerly Grier Road, over the North 30 feet thereof, as shown on the map recorded in Book 2 of Road Maps, Pages 126 through 129; AND EXCEPT THEREFROM the following two well sites belonging to Cortaro Water Users' Association: Marana Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 62.5 feet Northerly and 25 feet Westerly from the Southeast corner of said Section 35; THENCE Westerly 62.5 feet from and parallel to the South boundary line of said Section 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of the Cortaro Water Users' Lateral No. 6-1/2; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro Water Users' Lateral No. 6-1/2 a distance of 109.3feet to a point; THENCE Easterly, 150 feet from and parallel to the South boundary line of said Section 35, a distance of 92.25 feet to a point; THENCE Southerly 25 feet from and parallel to the East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; Marana Well No. 14 That portion of the Southeast quarter of the Northeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 938.65 feet Westerly and 50 feet Northerly from the East quarter corner of said Section; THENCE Westerly 50 feet from and parallel to the East and West center line of said Section 35, a distance of 135 feet to a point; THENCE Northerly 1073.65 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to a point; Exhibit A to Marana Ordinance 2006.03 1 il""~ ,'~, I";l liZ' ,.,n Ell ~:i~ ~~, ::~~ 1Jj, ~~~ ,'~. "I~~~; THENCE Easterly 150 feet from and parallel to the East and West center line of said Section 35, 135 feet to a point; THENCE Southerly 938.65 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM the following portion conveyed to Cortaro Marana Irrigation District in the Deed recorded in Docket 1968, Page 585: BEGINNING at a point on the North line of said Section 35, said point being South 89049'00" West, 591.06 feet from the Northeast corner of said Section 35; THENCE South 49037'00" East along the Southwesterly right of way line of Interstate 1 0, 357.77 feet; THENCE South 49053'00" East, 419.03 feet to the East line of said Section 35; THENCE South 0015'00" East, 32.81 feet along said East line; THENCE South 49053'00" West, 448.44 feet; THENCE North 49037'00" West, 386.97 feet to the aforesaid North line of Section 35; THENCE North 89049'00" East, 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width conveyed to the State of Ariozna, by and through its State Highway Commission in the Deed recorded in Docket 2003, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way line of the existing Casa Grande-Tucson Highway with the East line of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49053'00" West along said existing Southwest right of way line, a distance of 325.42 feet; THENCE North 49037'OO'West continuing along said existing Southwest right of way line, a distance of 229.27 feet, to a point on the North line of said Section; THENCE Westerly along said North section line, a distance of 169.15 feet; THENCE South 49053'00" East 419.03 feet to a point on the aforesaid East line of Section 35; t ;:t~ H'!~i~1 I~i, U' THENCE South 49037'00" East 357.77 feet; THENCE Northerly along East section line, a distance of 144.38 feet, to the POINT OF BEGINNING; 11:~1 h j~" II""~ rli~,; ,~, 11!l"~ "&,, AND EXCEPT THEREFROM the East 50 feet of the South 35 feet of the Southeast quarter of said Section 35, conveyed to Pima County in the Deed recorded in Docket 6411, Page 1237. Exhibit "B" The South 292.00 feet ofthe North 322.00 feet of the East 357.00 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. J, ,Iir.:" """',' I ~~~~, ~1,"'lfi i1~ ~~:~ II""F ,'~" "~ll ~~~ Exhibit B to Marana Ordinance 2006.03