HomeMy WebLinkAboutOrdinance 2006.06 Rezoning for Presidio De Oeste
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: ALH
DEPUTY RECORDER
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20060570398
03/24/2006
15:29
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER ~R
MARANA AZ 85653
ORDIN
MAIL
AMOUNT PAID
$ 9.00
MARANA ORDINANCE NO. 2006.06
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING
FOR PRESIDIO DE OESTE.
WHEREAS, Pete Cutler, Earl Cutler and John Gutierrez are the property owners of three
parcels that combined are approximately 20 acres located one-half mile west of Camino de Oeste
and directly north of Lambert Lane in a portion of Section 12, Township 12 South, Range 12 East,
as described on Exhibit "A", attached hereto; and,
WHEREAS, the Marana Planning Commission held a public hearing on February 22,2006,
and at said meeting voted 6-0 to recommend that the Town Council approve said rezoning; 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 March 21, 2006, and has
determined that the rezoning should be approved;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town ofMarana,
Arizona, as follows:
Section 1. The rezoning of approximately 20 acres ofland as described below is located one-half
mile west of Camino de Oeste and directly north of Lambert Lane complies with the General Plan.
Section 2. The rezoning area is hereby changed from "R-144" (single family residential144,000
square foot minimum lot area) to "R-80" (single family residential 80,000 square foot minimum lot
area) on the 20 acres ofland located one-half mile west of Camino de Oeste and directly north of
Lambert Lane.
Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family custom
homes on large lots. This 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 Maran a Land Development Code
(but which shall not cause a reversion ofthis rezoning ordinance):
1. Any property owner of this parcel shall be required to process a final subdivision plat to create
any new lots.
2. The owners of the property shall comply with requests or requirements resulting from
consultation with US Fish and Wildlife, a biological opinion or 404 permit from the Army Corp
of Engineers.
3. The developer shall dedicate, or cause to have dedicated, 75 feet of new right-of-way along
Lambert Lane running the entire length of the southern portion of the property upon request by
Marana Ordinance No. 2006.06
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the Town of Marana. If the right-of-way has not been dedicated prior to a final plat being
processed for this property, the right-of-way will be dedicated via the recording ofthe final plat
or upon demand ofthe Town.
4. The owners shall limit the overall disturbance of the site including all access roads, septic tanks
and leach fields to a combined total of not more than 30 percent.
5. Total gradable area for each lot shall be recorded on the final plat.
6. Vehicular access to any current or future parcel shall come from the existing 20-foot
ingress/egress easement. No access other than the 20-foot existing ingress/egress easement shall
be allowed. A one-foot no-access easement shall be recorded on the final plat.
7. A native plant permit must be obtained with each house permit and any other site
disturbance/utility work that will impact the site. The plant inventory methodology must be
used when submitting for the native plant permit.
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. 2006.06.
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 Council ofthe Town of Maran a, Arizona, this
21 st day of March, 2006.
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Mayor Ed Honea
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Marana Ordinance No. 2006.06
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EXHIBIT "A"
For
PRESIDIO DE OESTE REZONING
LEGAL DESCRIPTIONS
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LEGAL DESCRIPTION 1
A parcel ofland situated in the Southwest One Quarter (SWII4) of section 12, Township
12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described
as follows:
All of Parcel 1, per Record of Survey Bk. 32, Pg. 72 and the North 15.00 feet of Parcel
"C" per Record of Survey, Bk. 39, Pg. 54.
Containing 442,921 sq. ft. or 10.168 acres, more or less.
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LEGAL DESCRIPTION 2
A parcel ofland situated in the Southwest One Quarter (SW1I4) of section 12, Township
12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described
as follows:
COMMENCING at the South One Quarter comer of said section 12, a 5/8"I.P.;
THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid-
Section line of said section 12, a distance of287.60 feet, to the POINT OF BEGINNING;
THENCE North 89 degrees 49 minutes 04 seconds East, distance of 409.53 feet;
THENCE North 22 degrees 11 minutes 47 seconds East, a distance of 143.95 feet;
THENCE North 44 degrees 56 minutes 10 seconds East, a distance of270.14 feet;
THENCE North 00 degrees 09 minutes 46 seconds West, a distance of33.90 feet;
THENCE South 89 degrees 50 minutes 52 seconds West, a distance of655.77 feet;
THENCE South 00 degreesll minutes 03 seconds West, a distance of357.89 feet, to the
POINT OF BEGINNING.
Containing 187,233 sq. ft. or 4.298 acres, more or less.
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LEGAL DESCRIPTION 3
A parcel ofland situated in the Southwest One Quarter (SWl/4) of section 12, Township
12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described
as follows:
COMMENCING at the South One Quarter comer of said section 12, a 5/8"I.P.;
THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid-
Section line of said section 12, a distance of75.00 feet, to the North Right of Way line of
Lambert, and the POINT OF BEGINNING;
THENCE North 89 degrees 49 minutes 04 seconds East, along said North Right of Way
line of Lambert, a distance of 655.56 feet;
THENCE North 00 degrees 09 minutes 46 seconds West, a distance of 536.33 feet;
THENCE South 44 degrees 56 minutes 10 seconds West, a distance of270.14 feet;
THENCE South 22 degrees 11 minutes 47 seconds West, a distance of 143.95 feet;
THENCE South 89 degrees 49 minutes 04 seconds West, a distance of 409.53 feet;
THENCE South 00 degreesll minutes 03 seconds East, a distance of212.60 feet, to the
POINT OF BEGINNING.
Containing 186,732 sq. ft. or 4.287 acres, more or less.
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LEGAL DESCRIPTION 4
A parcel ofland, for Right of Way purposes, situated in the Southwest One Quarter
(SWII4) of section 12, Township 12 South, Range 12 East, G&SRM, Pima County,
Arizona, more particularly described as follows:
BEGINNING at the South One Quarter comer of said section 12, a 5/8"I.P.;
THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid-
Section line of said section 12, a distance of75.00 feet;
THENCE North 89 degrees 49 minutes 04 seconds East, distance of 655.56 feet;
THENCE South 00 degrees 09 minutes 46 seconds East, a distance of75.00 feet, to the
South line of said section 12;
THENCE South 89 degrees 49 minutes 04 seconds West, a distance of655.53 feet, to the
POINT OF BEGINNING.
Containing 49,166 sq. ft. or 1.129 acres, more or less.
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