HomeMy WebLinkAbout03/21/2006 Blue Sheet Presidio De Oeste Rezoning
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE:
March 21, 2006
AGENDA ITEM: J.2
TO:
MAYOR AND COUNCIL
FROM:
Barbara C. Berlin, AICP, Planning Director
SUBJECT:
PUBLIC HEARING. Ordinance No. 2006.06: Relating to
Development; approving and authorizing a rezoning for Presidio
De Oeste.
DISCUSSION
Plannill!! Commission Hearine
The Planning Commission heard this public hearing item during the January 25, 2006 meeting. During
this meeting the Commission heard from 12 of the property owners in the area. Two of the property
owners that spoke were in favor of the project; the remaining ten were either opposed to the rezoning or
had specific concerns regarding the project. The owners of this property agreed to a continuance of this
rezoning to the February 22,2006 Planning Commission meeting. During the time between meetings the
owners met with the nearby property owners to try to resolve some of their outstanding issues which
included density, dust, pavement and view shed. During the February 22nd meeting the Planning
Commission heard from six property owners and voted 6-0 recommending approval to the Town Council.
Commissioner W o stenberg was absent.
Summarv of Application
Pete Cutler, Earl Cutler and John Gutierrez, request approval for a change in zoning on a 20-acre parcel
generally located one-half mile west of Camino de Oeste and directly north of Lambert Lane.
Historv
The subject property was annexed into the Town of Marana in 1988, along with other property that later
became the Hartman Hills Specific Plan. In September 2002, this property, as a part of a larger 40-acre
parcel, was rezoned from "c" Large Lot to its current zoning of "R-144" (single family residential
144,000 square foot minimum lot area). A condition of the rezoning to R-144 that "The property owner
shall not cause any lot split of any kind without the written consent of the Town" was placed on the
project by the Town Council. Four months later the Hartman Hills Specific Plan property (north of this
site) was rezoned to "R-36" (single family residential 36,000 square foot minimum lot area).
Rezonine Request
The applicant proposes a change of zoning from "R-144" to "R-80" (single family residential 80,000
square foot minimum lot area).
The site is bounded to the east, west and north by mostly vacant property. The properties to the east and
west are zoned "R-144". The property to the north is zoned "R-36". The owners of the property to the
east are also requesting rezoning of their property to the "R-80"zoning designation. This request is also
being heard at this meeting. The properties to the south are residentially occupied and are within
unincorporated Pima County. They are zoned "SR" (suburban ranch) with a minimum lot size of 144,000
032106 PCZ-051 02 Presidio De Oeste Rezoning TC
square feet per lot. The rezoning of this 20 acres would provide a gradual transition from the "R-36" to
the north to the "SR" to the south.
During the review of this rezoning, the Town of Marana requested a total of 75 feet of right-of-way for
future improvements to Lambert Lane. The Town's major rights-of-way plan designates Lambert Lane a
ISO-foot right-of-way. The 75 feet of dedicated half right-of-way would amount to approximately 50,000
square feet ofland that the current owners would be dedicating to the Town.
The owners wish to divide the property into nine lots. The lots would range in size from 83,010 square
feet to 99,581 square feet. As a condition of the rezoning staff recommends that the property owners
(current or future) be required to process a final subdivision plat on any lot split or subdivision of the
property.
Marana General Plan
The subject property is designated as low density residential (LDR) per the General Plan's Future
Development Plan. The LDR is characterized by single-family detached homes on large lots where the
retention of a rural, open character is desired. Property with zoning of R-80 provides for approximately
0.6 residents per acre. The proposed zoning change would bring the property into strict conformance with
the Town General Plan. The current zoning of 0.3 residents per acre provides rural, rather than low
density.
Ri2ht-of-Wav/Access
As a condition of approval, the owner will dedicate a total of 75 feet of half right-of-way for the future
expansion of Lambert Lane. Lambert Lane is depicted on the major rights-of-way plan with an ultimate
total right-of-way of 150 feet.
Currently this parcel has legal access off of Lambert Lane. The owners are proposing an ingress/egress
easement to serve all the future parcels from one access road off of the existing 20 foot ingress/egress
easement that is shared with the Oldings and Pisciottas to the east. The Town staff would like to keep the
number of access points along Lambert Lane to a minimum; therefore this project would abide by the
Town's request to limit the number of access points directly onto Lambert Lane.
The owners of this project are working with the Oldings and Pisciottas to improve the shared 20 foot
ingress/egress that divides the parcels. The pavement details of this easement would be formalized with
the final plat and improvement plans for this project.
Open Space/Environment
The owners of this parcel voluntarily submitted materials to US Fish and Wildlife in June 2005 for review
and comment. US Fish and Wildlife issued a letter dated August 17,2005, approving the request with a
list of recommendations:
· Overall site disturbance be limited to 30%.
· This project will adhere to Marana's native plant ordinance.
· As feasible, avoid the removal of, or salvage and transplant on-site, all saguaros and trees greater
than six inches in diameter at breast height.
· Promote the use of native landscaping, especially trees and saguaros, within the project.
· Maintain the washes within the parcel in their natural condition as buffers and habitat connectors.
· Adopt and record CC&R's that relate to the conservation and maintenance of natural undisturbed
open space.
032106 PCZ-051 02 Presidio De Oeste Rezoning TC
Infrastructure
The owners intend to work with property owners to the west to bring City of Tucson water to their
parcels. All homes will be served by TRICO Electric and will have septic systems. City of Tucson Water
and TRICO electric will review final subdivision plat.
Public N otificationIN eiehborhood Meetine
The public hearing for this case was properly advertised and the required surrounding property owners
were notified. Copies of all of the letters the Town has received are attached to this packet. Staff has
received letters of protest from the minimum twenty percent of the adjacent owners to require a super
majority vote on this rezoning.
The owners of this proposed rezoning along with the owners of the rezoning to the west held a
neighborhood meeting on Saturday February 4,2006. This meeting was held on-site and was attended by
approximately 19 property owners. According to the applicant, the meeting ended with mixed opinions;
some appeared to be in support of the project but others were still opposed.
ATTACHMENTS
Application, impact statement, proposed CC&R's, letters from property owners, location map, site map
and proposed subdivision layout.
RECOMMENDATION
Staff recommends conditional approval of the Presidio De Oeste rezoning. Staff has reviewed the
application for compliance with the Marana Land Development Code and the Marana General Plan. This
rezoning is in conformance with all required development regulations.
RECOMMENDED CONDITION(S) OF APPROVAL
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 the Town of
Marana. If the right-of-way has not been dedicated prior to a fmal plat being processed for this
property, the right-of-way will be dedicated via the recording of the final plat or upon demand of the
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.
SUGGESTED MOTION
I move to approve Ordinance No. 2006.06.
032106 PCZ-051 02 Presidio De Oeste Rezoning TC
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 ofthe Town of Maran a,
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 residential 144,000
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 of this 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
Page 1 of2
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 of the final plat
or upon demand of the 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 eXIstmg 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 ofthe Marana Town Council in conflict with the provisions ofthis 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 ofthe remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this
21 st day of March, 2006.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2006.06
Page 2 of2
EXHIBIT "A"
For
PRESIDIO DE OESTE REZONING
LEGAL DESCRIPTIONS
PCZ-05102
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.
Page 1 of 1
'"
LEGAL DESCRIPTION 2
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"LP.;
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 of 270.14 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.
Page 1 of 1
LEGAL DESCRIPTION 3
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"LP.;
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 of655.56 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.
Page 1 of 1
LEGAL DESCRIPTION 4
A parcel ofland, for Right of Way purposes, 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:
BEGINNING at the South One Quarter comer of said section 12, a 5/8"LP.;
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.
Page 1 of 1
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I MAHAN. A
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TOWN OF MARANA
Planning and Zoning Department
3696 W. Orange Grove Road'" Tucson,AZ 85741
(520) 297-2920 Fax: (520) 297-3930
a Preliminary Plat
o Final Plat
o Development Plan
o Landscape Plan
o Native Plant Permit
o General Plan Amendment
o Specific Amendment
!XI Rezone
o Significant Land Use Change
o Variance
o Conditional Use Permit
o Other
. 2. GEN:F,:IM:I.,QATA REQUIREQ
Assessor's Parcel 2 1 627007D 21627007E 2 I 627007F General Plan Designation
Number(s) (To be confirmed by staft)
Gross Area (Acre/Sq.Ft) 20 Acre / 866136 sq. ft. Current Zoning R-144
(To be confirmed by
Staft)
Development/ Cutler / Gutierrez Proposed Zoning R-80
Proiect Name
Project Location North of Lambert Lane, West of Camino de Oeste
Description of Project Re-zone for Single Family Dwellings on + or - 2 acre lots
Property Owner Peter M. Cutler
Street Address 4305 W. Mesquital del oro I City Tucson I State AZ
Zip Code 85742 I Phone Number 520-744-8568 I Fax Number 520-579-1136 I E-Mail Address
Contact Person Pete Cutler I Phone Number 520-245-8583
Applicant Peter M. Cutler
Street Address 4305 W. Mesqutal del oro I City Tucson I State AZ
Zip Code 85742 I Phone Number 520-744-8568 I Fax Number 520-579-1136 I E-Mail Address
Contact Person Pete Cutler I Phone Number 520-245-8583
Agent/Representative Peter M. Cutler
Street Address 4305 W. Mesquital del oro I City Tucson I State AZ
Zip Code I Phone Number 520-744-8568 I Fax Number 520-579- I 136 I E-Mail Address
85742
Contact Person Pete Cutler I Marana Business License No.
3. AU1'HORIZAnONOF PROPERTY OWNER
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach
written authorization from the owner.) .~~ \)
Peter M. Cutler ~ y. ~'O5
Print Name of Applicant/Agent SIgnature Date
PC* -C69tj- FOR DFFI?;SE 9NL Y Receipt No.
Case No. 1 :-., Date Received 1/ c6
CRW No. PcldLC( --col Received By C~ ~ide~1 Fee Amount
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MAHANA
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TOWN OF MARANA
Planning and Zoning Department
3696 W. Orange Grove Road + Tucson, AZ 85741
(520) 297-2920 Fax: (520) 297-3930
o Prdiminary Plat
o Final Plat
o Development Plan
o Landscape Plan
o Native Plant Permit
o General Plan Amendment
o Specific Amendment
IX) Rezone
o Significant Land Use Change
o Variance
o Conditional Use Permit
o Other
< " .> 2;GE~ERAL ~1\1'A REQmRE~ '.',.
Assessor's Parcel 2 I 627007D 21 627007E 2 I 627007F General Plan Designation
Number(s) (To be confirmed by staff)
Gross Area (Acre/Sq.Ft) 20 Acre I 866136 sq. ft. Current Zoning R-144
(To be confirmed by
Stam
Development! Cutler I Gutierrez Proposed Zoning R-80
Proiect Name
Project Location North of Lambert Lane, West of Camino de Oeste
Description of Project Re-zone for Single Family Dwellings on + or - 2 acre lots
Property Owner Earl G. Cutler
Street Address 10915 N. Sandra Road I City Tucson I State AZ
Zip Code 85742 I Phone Number 520-744-3655 I Fax Number I E-Mail Address
Contact Person Earl G. Cutler I Phone Number 520-744-3655
Applicant Earl G. Cutler
Street Address 10915 N. Sandra Road I City Tucson I State AZ
Zip Code 85742 I Phone Number 520-744-3655 I Fax Number I E-Mail Address
Contact Person Earl G. Cutler I Phone Number 520-7443655
AgentlRepresentative Peter M. Cutler
Street Address 4305 W. Mesquital del oro I City Tucson I State AZ
Zip Code I Phone Number 520-744-8568 I Fax Number 520-579-1136 I E-Mail Address
'.., 85742
Contact Person Pete Cutler I Marana Business License No.
3. .AUTHQRlZATIONOFP~.oPERTYOWNER
I, the undersigned, certify that all ofthe facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach
written authorization from the owner.)
Earl G. Cutler ~6~ ~ ~.OS
Print Name of ApplicantlA~ent Si~ature Date
FOR OFFICE USE ONLY
Case No. Date Received Receipt No.
CRW No. Received By Fee Amount
~~
I MAR, ANA
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TOWN OF MARANA
Planning and Zoning Department
3696 W. Orange Grove Road + Tucson, AZ 85741
(520) 297-2920 Fax: (520) 297-3930
o Preliminary Plat
o Final Plat
o Development Plan
o Landscape Plan
o Native Plant Permit
o General Plan Amendment
o Specific Amendment
~ Rezone
o Significant Land Use Change
o Variance
o Conditional Use Permit
o Other
Assessor's Parcel
Number(s)
Gross Area (Acre/Sq.Ft)
2. GE!'lERALj)ATA .Q:EQU.RED
21627007D 21627007E 21627007F General Plan Designation
(To be confirmed by staff)
20 Acre /866136 sq. ft.
Development!
Pro'ect Name
Project Location
Cutler / Gutierrez
Current Zoning
(To be confirmed by
Staf
Proposed Zoning
R-144
R-80
North of Lambert Lane, West of Camino de Oeste
Description of Project
Property Owner
Street Address
Re-zone for Single Family Dwellings on + or - 2 acre lots
John A. Gutierrez
Phone Number 520-272-2474
City Tucson
P.O. Box 68736
Zip Code 85737
State AZ
Contact Person
John Gutierrez
Phone Number 520-272-2474
Applicant
Street Address
John A. Gutierrez
P.O. Box 68786
City Tucson
State AZ
Zip Code 85737 Phone Number 520-272-2474
Contact Person
John Gutierrez
Phone Number
AgentlRepresentative
Street Address
Peter M. Cutler
Contact Person
Zip Code
85742
Pete Cutler
Phone Number 520-744-8568
City Tucson
4305 W. Mesquital del oro
State AZ
520-579-1136
Marana Business License No.
3; AUTHORIZA TIONOF PROPERTY OWNER
I, the undersigned, certify that all ofthe facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach
written authorization from the owner.)
Si
FOR OFFICE
l(Lo\~.
Date
John A.
Print Name of A
"""=~-" -
Case No.
Date Received
Receipt No.
CRWNo.
Received By
Fee Amount
TOWN OF MARANA PLANNING DEPARTMENT
REZONE IMPACT STATEMENT
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:FOr:Lo.Wm-~~iI"QN~~COMPr:ETELY~ASP6SSiBilf~$T~~rr~1f~
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-INFORMATl0Nit'IO)W-ALUATETHEPROPOSED REZON1NG:~.REQUIREDHEARI SMAYBE).-~<
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DELAYED IF-AN~DEQt.rATE DESCRIYfIONOF THEPROPOSED~DEVELOPMENTIS NQT::fS.....+
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.PRQYIPEq~.A!>iJm()N1\t:-Mf().RMATION MAY~BE. _fROVIl)$>;Q:rt~~~EP,~rE~HEET.< .
DEVELOPMENTjPROJECT NAME:
Cutler / Gutierrez
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"A GENERAL INFORMATION '.., .
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1. AREA OF PROPERTY:
866.136
SQ.FL + or - 20
ACRES
2. LOCATION:
North of Lambert Lane.
West of Camino de Oeste
3. EXISTING ZONING:
R - 144
PROPOSED ZONING: R - 80
4. LIST RELATED CASES:
CASE if
FILFjPROJECT NAME
I
. '. ""', ''',-.,"",- -....;.
.. .~ ." - - ,-.. -. -.-
B.PROPOSEDLANDUSE .:. .:..
........J
1. DESCRIBE THE PROPOSED USE OF THE PROPERTY: Construction of Single Famil)l
Dwellings
2. STATE WHY THIS USE BENEFITS THE COMMUNITY AT LARGE:
The benefits will be
to keep the current rural theme of the area.
r.ge 12 of 18
.~ugust 2003
H:\SHARED FILES\ Review Checklists\ Rezone.doc
3. IF mE PROPOSED USE IS RESIDENT1AL, HOW MANY TOTAL RESIDENTIAL UNITS WILL THERE BE ON THE
PROPERTY TO BE REZONED?
MULTI-FpJvllLY HOMES
i}/
SITE-BUILT HOMES
MA.NUFACTURED Hm.1Es
OTHER (DESCRIBE):
4. WILL THE SUBJECT PROPERTY BE SPLIT INTO ADDITJONAL LOTS?
!XI YES 0 No
IF YES, HOW MA.NY TOTAL LOTS \\'ILL Tri.ERE BE ON THE PROPERTY TO BE REZONED, AND v'lHA T
SIZE (IN ACRES) '1lILL EACH LOT BE?
q YT.ots and the lots will be the square footage
,.
j
allowed under Marana R-80 zoning for + or - 2 acres
5. IF ADDm.QI'{h1_~qI?JNILL BE CREATED BY THIS REZONLNG. HOW VI'1LL ALL-vVEA THER ACCESS BE
PROViDED TO TI.fESE LOTS?
Stabilized Colored Decomposed Granite
6 WHAT IS THE Ml0\IMUlv! PROPOSED BUILDING HEIGHT? -2-"6 . 6" - 2 ].' FEET,
I
A"
STORIES
7. PROVIDE AN ESTIMATE OF IV1-l.EN PROPOSED DEVELOPMENT WILL BE STARTED AND COMPLETED.
STARTING DATE:
07/30/05
COlvIPLETION DATE:
N/A
8. IF THE PROPOSED DEVELOPME1\.!T IS COMwIEROAL OR :!NTIUSTRIAL
A HOWMA.I\)Y EMPLOYEES ARE A1\JTIClPATED? N / A
D. How ~,L~"-x PARKlNGSPi'.CES I'I'1LL BE PROVlDED; N / A
C. VVHA T .A.i-zE THE EXPECTED HOIJR5 OF OER.ATION? N / A
Page 13 of lS
.-\ugu~t 200';
H:'\.5r....':'RED F::~E.S",.Re'..it'\'., Checkiis!.5\ f;E'zo:-le.c:i:J~
D. WILL A SEPARATE LOADING AREA BE PROVIDED? NI A
(IF YES, SHOW LOCATION ON PREUMINARY DEVELOPMENT PLAN.)
E. ApPROXIMATE SIZE OF BUILDINGS (SQ. FT.): N I A
9. FOR COMMERCIAL OR INDUSTRIAL DEVEWPMENTS, OR RESIDENTIAL DEVELOPMENTS OF THREE (3)
RESIDENCES PER ACRE OR GREATER:
A. STATE WHICH BUFFERYARD IS REQUIRED, PER TITLE 17 OF THE TOWN OF MARANA LAND
DEVELOPMENT CODE:
N/A
B. DESCRIBE THE BUFFER THAT WILL BE PROVIDED (srATE BUFFER WIDTH, USE OF WALLS, AND
TYPE OF PLANT MATERIAL) TO ?v1EET THE TOWN OF MARANA LAND DEVELOPMENT CODE
REQUIREMENTS:
N/A
10. IF THE PROPOSED DEVELOPMENT IS AN INDUSTRIAL PROJECT, ST ATE THE INDUSTRIAL W ASfES THAT
WILL BE PRODUCED AND HOW THEY WILL BE DISPOSED. (DISCUSS THE MEANS OF DISPOSAL WITH THE
PIMA COUNTY W ASfEWATER MANAGEMENT DEPARTMENT AT (520) 740-6500 AND THE DEP ARTh1ENT
OF ENVIRONMENTAL QUALITY AT (520) 740-3340. LIST ANY PCWW OR PDEQ REQUIREMENTS
APPLICABLE TO THIS PROJECT.):
N/A
Page 1~ of 18
August 2003
H:\SH.-\RED FILES\Review ChedJis15\Rezone.doc
1. ARE THERE EXISIlNG USES ON THE SITE? 0 YES 00 No
A. IF YES, DESCRIBE THE USE, STATING THE NUMBER AND TYPE OF DWELLING UNITS, BUSINESSES,
ETe.:
B. IF NO, IS THE PRe:lPERTY UNDISTURBED, OR ARE THERE AREAS THAT HAVE BEEN GRADED?
The property has a 20' utility ingress I egress
easement that has been partially cleared.
2. IF THE PROPOSED REZONING IS APPROVED, WILL THE EXISTING USE BE REMOVED, ALTERED, OR
REMAIN AS IS?
The existing use will remain the same, single family
dwellings.
We are asking to change the zoning from R-144,
3.3 acres to R-80, 1.83 acres approximately.
3. ARE THERE ANY EXISTING UTILITY EASEMENTS ON THE SUBJECT PROPERTY? Xl YES 0 No
IF YES, STATE THEIR TYPE AND WIDTH, AND SHOW THEIR LOCATION ON THE PRELIMINARY
DEVELOPMENT PLAN:
See Attached Documents
Parcel "A" and Parcel "B" yes there is a utility easement
on the East border of the properties.
4. DESCRIBE THE OVERALL TOPOGRAPHY OF THE SUBJECT PROPERTY, AND NOTE WHETHER ANY SLOPES
OF GREATER THAN 15 % ARE PRESENT ON THE PROPERTY. NOTE ANY ROCK OUTCROPPINGS, UNUSUAL
LANDFORMS OR OTHER SIGNIFICANT ENVlRON!vIENT AL RESOURCES:
Relatively flat level property. typical of the Northwest
area.
rage 15 of 18
August 2003
H:\SHARED FIlES\Review Cheddists\ Rezone.doc
5. NOTE A.."JY AREAS OF HEAVY VEGErATION ON Till PRELIMINARY DEVELOPMENT PLAN:
Please see color ariel view.
Area consists of native paloverde, mesQuite, ironwood trees, and
saguaro and barrel cacti.
6. ARE THERE ANY NATUFJ',L DRJJNAGEWAYS (Wl\SHES) ONlliE SUBJECT PROPERT{7 X1J YES 0 No
IF YES, STATE \A/HETHER THESE NATURAL DRA.INAGEPATTERNS WILL BE ALTERED BY THE
PROPOSED DEVELOPMENT, AND v',THAT TYPE OF ALTERATION IS PROPOSED:
There are natural drainage ways (washes) but they will
not be altered or changed in any way.
7. Is AlTII-J:ORlL",TION FROM ?~"TY FEDERA.L, STATE OR LOCAL I',GENCY REQUIPIDI
Yes.
IF YES; PRO\lJDE NPJR1":(AT1VE:
We are currently working with Scott Richardson
of Fish & Wildlife to minimize any disturbance of native plant
life by setting up individual building sites per lot. With his
suggestion we are imposing CC & R's for the property to minimize
any future disturbance on the lots.
8. APPROXIMATELY HOW MUCH OF THE SUBJECT PROFERTi' IS PROPOSED TO BE GRADED, INCLUDING
AREAS ''\!HERE MOST VEGEr ATlON '\'VfLL BE CLEAI'~D? ACRES )\1'\)D
PERCENT OF TrlE LA]\.11) P.REA. How MUCH OF TrlIS ARE.". IS CURRENTLY
GRA.DED? We only seek to disturb the area allowed under the R - 80
zoning, 30% of each lot.
9 DESCRlBE AN}' REVEG!::] ATION PROPOSAL IN AREAS WHEREDEVELOPlvIENT W1LL REQUIRE REl'vlOVAL
OF NATURAL VEGEr ADO!\'
We will self impose thru our CC & R's that any vegitation removal will
be first evaluated for salvage out of any proposed building area.
Pngt 16 of:S
.:".I..lgust 2003
H ',SPJ......:..RED FIl~\Re'\."je\...' Check]ists\ R'2ZGnE.do~
10. WILL A SEPTIC SYSTEM OR PUBLIC SEWER BE USED FOR THE PROPOSED DEVELOPMENT?
\'9 SEPTIC
o SEWER
IF SEPTIC IS TO BE USED, $I A IT WrlETHER ONE CURRENTLY EXISTS ON 1HE PROPERTY AND, IF SO,
WHETHER ADDlTlONS TO THAT SYSTEM WILL BE NEEDED FORIHIS DEVELOPMENT. (NOTE: FOR
INFORMATION ON SEPTIC SYSTEM REQUIREMENTS, CALL TIiE DEPARTMENT OF E!\.'VJRONMENTAL
QUALITY AT 740-3340.): Currently there is no sewer close enough to the
area, septic systems will be used on all lots.
11. How WILL W/-.. TER BE SUPPLIED TO THE PROPERTY?
we are planing to use Tucson
(
Water by bringing In the water main from flying diamond, if this is
cost restrictive, we will utilize wells.
12. Is rill A V.AjLABLE W ATER SUPPLY ADEQUATE FOR r& PRDPOSED DEVELOPMEl'<l?
i3l YES 0 No 0 NOT SURE
IF fPjV..;ITSERvlCE IS PROPOSED, ]S THERE A 100-YEA~ ASSURED WAld ST..JPPLY?
~ YES 0 No 0 NOT SURE
13. WILL TrllS PROJECT EMPLOY ANY WATER HARVESTING TECHNIQUES? EXPLAIN:
N/A
Page 17 of H;
.-\ugust 2003
P.:\ 5P'_":'.RED FILES\ RE'\-ie\~' ChKkEsts''.1\!?zonejcr:
DESCRlBE ADJACE!\.'T P..ND NEARBY LAND USE TYPES AND ZONING WlTrlJN APPROXIMA TEL Y 500 FEET OF
THE SUBJECT PROPERTY IN ALL DIRECTIONS:
NORTH:
Large Lot "e" / R - 36
SOUTH:
R - 144
EAST
R - 144
WEST:
R - 144
P?ge ]S of lS
;~~LlgU5t 2003
H:\SE-;RED FE....ES\Re\.je\... Che.dJist5\ RezonE'.::io:
When recorded, return to:
Rob Rauh
Hinderaker & Rauh, PLC
240 I E. Speedway
Tucson, Arizona 85719
DECLARATION CREATING
COVENANTS, CONDITIONS,
RESTRICTIONS, AND EASEMENTS
FOR
a division of land Marana. Arizona
This Declaration Creating Covenants, Conditions, Restrictions and Easements
(this "Declaration") is made as of January 1st, 2006 by the persons identified herein as
the Declarant (the "Declaranf').
RECITALS:
A. Declarant is the record and beneficial owner of certain real property
located in Pima County, Arizona, as described on Exhibit A (the "Property").
B. Declarant desires to subject the Property to this Declaration in order to
assure that the development of the Property occurs in accordance with a plan and general
scheme of development consistent with and in order to protect the unique character and
natural environment of the Property and the surrounding area.
Declarant therefore declares that the Propeliy shall be held, sold, and conveyed
subject to the following easements, restrictions, covenants, and conditions shall run with
title to, the Property, and shall be binding upon and inure to the benefit of all parties
having any right, title or interest in the Property or any part thereof, their heirs, personal
representatives, successors, and assigns.
ARTICLE I
DEFINITIONS
Section 1. "Declarant" shall mean, the owner of said land. The term
"Declarant" shall include one or more successors in interest who have been designated in
writing by the then existing Declarant as a "Declarant."
Section 2. "Improvements" shall mean any Residence, ancillary structure,
\valL fence. gates. landscaping. hard-scaping. roads. other grading, or am other
disturbance of the natural environment upon a Lot. .
Section 3. "Lot" shall mean and refer to each of the nine (9) divided lots,
numbered 1 through 9, as shown on the map.
Section 4. "Maximum Developable Area" shall mean that portion of each
Lot which is not greater than thirty percent (30%) of the total gross area of such Lot, from
which native vegetation may be removed or which may be visibly altered or upon which
Improvements may be constructed or installed. (See the attached addendum)
Section 5. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee simple title to any Lot, but excluding those having such
interest merely as security for the performance of an obligation.
Section 6. "Map" shall mean the final map of the Property as approved
pursuant to ordinance by the Town of Marana in Pima County, Arizona.
Section 7. "Property" shall mean and refer to the real property subject to this
Declaration, as described on Exhibit A attached hereto.
Section 8.
"Residence" shall mean any primary dwelling on any Lot.
ARTICLE II
COVENANT FOR MAINTENANCE
Section 1. Maintenance Costs. Each Owner of a Lot, by acceptance of a
deed therefore, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay such Owner's pro rata share of all costs ("Maintenance Costs")
incUlTed in the maintenance of the private streets serving the Property and the Lots
thereof For purposes of this Article, each Owner's "pro rata share" of the Maintenance
Costs shall be determined by dividing the total of such Maintenance Costs, calculated
annually by the Owners of a majority of the Lots within the Property, by nine (9), the
number of Lots within the Property. The dividend thus calculated, together, in the event
of any Owner's non-payment, with interest late charges, collection costs, and reasonable
attomeys' fees, shall be a charge and continuing lien upon each Lot, and shall be due and
payable on such date or dates as determined by the Owners of a majority of the Lots.
Section 2. Enforcement. Anyone or more Owners not in default of the
obligation to pay his or her pro rata share of the Maintenance Costs shall be entitled to
bring an action against any other Owner in default thereof to enforce such payment. and
in any such action, the prevailing pm1y shall be entitled to an award of attomeys fees and
costs.
Section 3. Purpose. Maintenance Costs payable pursuant hereto shall be
used exclusively for the maintenance, insurance, and protection of the roads and other
elements serving the Property and the Lots thereof, and shall not be used to maintain any
private drive or other facility not of general benefit to the Owners. The Owners of a
majority of the Lots within the Property shall determine \vhether expenditure is
appropriate hereunder. subject to review by the courts.
ARTICLE III
ARCHITECTURAL AND DEVELOPMENT RESTRICTIONS
Section 1. Restrictions. All Lots shall be developed and improved in a
manner consistent with this Declaration. The total area of each Lot from which native
vegetation is removed for Development purposes shall not exceed the Maximum
Developable Area of such Lot. Notwithstanding anything to the contrary contained
herein. this Section 2 shall not be subject to amendment or modification without the
consent of the United States Fish and Wildlife Service.
Section 2. Building Envelope. As used in this Article, "Building Envelope"
shall mean that p0l1ion of each Lot, which is interior to the building setback lines
established by Section 3 of this Aliicle and as depicted on the Map with respect to each
Lot. All Improvements other than an access drive and septic leach fields shall be confined
to the Building Envelope of each Lot. Prior to construction the Declarant will have t-post
and flagging placed at the clearing limits. This marking shall remain in place until the
final inspection has passed. (Any septic leach field located outside the Building Envelope
shall be re-vegetated to its original state.)
Section 3. Set-Back. No Structure other than a portion of a neighboring
building pad, an access drive, associated gate, or mailbox structures shall be placed
within fifty (50') feet of any Lot line contiguous to a road or natural area or within fifty
(50') feet of any line common to another Lot. Lines describing such setbacks shall be
depicted on the Map.
Section 4. House Size. No Residence shall be constructed which is smaller
than 2400 square feet in living area, and no guest house shall be constructed which is
larger than 40% of the main house square footage. For purposes of this Section, "living
area" shall include all enclosed, heated and cooled areas of the house. If a Residence or
site plan has particular architectural merit, the Board may at its discretion grant a waiver
from these size requirements.
Section 5. Architectural Stvle~ Height Limitations. No Residence or other
Improvements constructed upon a Lot shall exceed one story. All Residences shall be of
generally southwestem, telTitorial, mission, Tuscan, Santa Fe and ranch style.
Guesthouses and garages shall be of the same style, materials, and color scheme as the
main Residence. No geodesic dome. "A" frame, mobile or pre-built modular homes shall
be constructed on the Property.
Section 6. Exterior Materials and Colors. Building materials used in the
construction of all Residences and ancillary buildings upon the Property shall be
consistent with the overall community character. Residences shall be of high quality
construction with stucco, burnt adobe, unfired adobe, brick, stone, cultured stone, or solid
wood exteriors. The use of stucco shall be limited to 95% of the exterior finish. The
balance shall incorporate the use of other materials herein listed:
Adobe, burnt Adobe, Colored Block, Rock, Brick, Cultured Rock, Log & Rough Sawn
Wood (as in the case of Santa Fe), and Rusted Steel. (No veneered, composite or man
made wood siding of any kind; these kinds of materials may only be used as minor trim)
All painted exterior walls and other visible portions of the improvements, which require
painting. shall be painted in low reflective or non-reflective earth and desert tones. Roof
materials and colors shall be consistent with the overall community character and
architectural style of the building using natural earth or desert tones. The uses of white,
silver or other highly reflective colors or materials are prohibited with respect to walls
and other vertical surfaces and with respect to roofs, unless screened behind parapet
walls.
Section 7. Landscape and Non-disturbance of Vegetation.
Marana's Native Plant Preservation Ordinance shall govern the entire site and the
Declarant intends that the character of the Property, including native plants, vegetation,
and ecology of the sUlTounding biome, be maintained to the maximum possible extent.
Accordingly, the character of the native landscaping shall not be altered or disturbed
except up to the area allowed under the Maximum Developable Area and within the
Building Envelope. All endangered plant species, and all such endangered plants which
are removed for development purposes shall be transplanted to a suitable location on the
same Lot from which it is removed. All areas temporarily disturbed by construction,
except as otherwise required by Law, will be seeded and replanted with species native to
the project area. Nothing herein shall be construed to prevent the planting of additional
native vegetation on any Lot. No palm, pine, eucalyptus, California pepper. or African
sumac trees shall be planted or maintained on the Property.
Section 8. Exterior Lighting. All exterior lighting shall be placed and
directed in such a manner that it will not shine directly on another Residence or adjacent
natural open space, create excessive ambient light, or otherwise unreasonably affect a
neighboring Owner's enjoyment of his or her Lot.
Section 9. Fences and Walls. No barbed-wire, or field fences are allO\ved.
New professionally installed chain link fences may be permitted on the Property only in
the immediate rear or side yard, out of site \vhen facing the front of the home, and must
be in the vicinity of a Residence or ancillary building and shall not exceed 100' lineal feet.
Block (must be colored) or masonry walls (with stucco finish) shall be the primary means
to define and enclose all yard and courtyard areas. They may be pernlitted only adjacent
to a Residence or ancillary building within the Building Envelope and shall be colored &
architecturally compatible with the Residence or ancillary building with which such wall
is associated. Fences and \valls shall be a maximum of six (6) feet in height.
~ection 10.
approval.
Lot Splits. No Lots shall be split without the Town of l\larana
Section 11. Compliance With Local Laws. All development within the
Property shall comply with local laws and regulations, including those imposed by the
Town of Marana. In all cases in which the provisions of this Declaration differ from
applicable county or other government regulations, the stricter of the provisions shall
apply.
ARTICLE IV
USE RESTRICTIONS
Section 1. Residential Use. All Lots within the Propeliy shall be compliant
with the Town of ]\'larana codes conceming residential use.
Section 2. ImproHments Permitted. Each Lot may be improved by: one
Residence, one guest house or similar ancillary living facility, and one or more garages,
whether or not attached to a Residence, all conforming to the requirements of Article III.
All Residences and other structures shall be built on site and no mobile homes or
manufactured housing units shall be located on any Lot except temporarily during the
construction of a Residence for a period not in excess of eighteen (18) months from the
date first placed or installed upon the Lot. No guesthouse, or similar ancillary living
facility may be constructed prior to the construction of a main Residence.
Section 3. Construction and Sales Exemption. Nothing herein shall be
construed to prohibit reasonable activities associated with the construction of any
improvements by Declarant or any Owner, or to prohibit temporary sales offices or signs
on any Lot owned by the Declarant during any time that the Declarant is marketing any
Lot or Lots within the Property.
Section 4. Household Pets. The Owner of each Lot may keep upon the Lot,
in proper enclosures and accommodations, a reasonable number of dogs, cats. fish,
rabbits, or other domestic animals which are bona fide household pets, so long as such
animals are not kept in such number or in such manner or under such conditions as to
create a nuisance or personal injury or property damage or injury to any endangered plant
or animal species. Dogs shall be kept properly confined to their Owner's Lot within the
hatched/ shaded area as per the map and shall not be permitted to bark excessively. An
Owner's right to keep animals in accordance with this Section 4 shall be coupled with the
responsibility to pay for any damage caused by such animal(s) and to keep all animal
enclosures in a clean condition so as not to create ex~essive odors. Each Owner shall be
responsible for restraining his or her animal(s) and for insuring that no animal is allo\ved
to roam outside their Property. No roosters are permitted on the property, however out
door hens or other fowl can be kept if the animals are involved with Pima County 4-H
projects on temporary bases.
Section 5. Satellite Dishes and Other Antennas. Exterior antennas or other
devices for the transmission or reception of television or radio or other electromagnetic
signals, larger than 16" inches in size shall be screened or placed out of the view when
facing the home and of neighboring Lots.
Section 6. Miscellaneous Structures. All mechanical apparatus, including
but not limited to refrigeration, cooking, heating and cooling apparatus, pool equipment,
transformers, tanks, and pumps associated with each Residence or ancillary structures
shall be screened and concealed from the view of adjacent Lots and the noise impacts
thereof shall be minimized.
Section 7. Vehicles. Motorbikes, motorcycles, all tenain vehicles or similar
vehicles shall be operated (when on the Property) ONLY on established roads within the
Property at low speeds and then only for the purpose of transporting the riders to a public
road or specific destination. Any recreational or other use on an Owner's Lot shall be
confined to driveways and shall not create dust, erosion or excessive noise or disturb
native vegetation outside of the Building Envelope. All disabled or non-operational
vehicles shall be garaged or screened from view from any other Lots and the Common
Property. All recreational vehicles, trailers, commercial or heavy trucks and equipment
and boats, etc., shall be garaged or screened from view from any other Lots and the
Common Prope11y. All screened methods shall incorporate the portions that pertain in
Section IlL
Section 8. Nuisances. Its residents or other occupants shall permit no
nuisance on the Property, nor any use or practice which is the source of annoyance to
residents or which interferes with the peaceful enjoyment or possession and proper use of
the Property, or any portion thereof. As used herein, the term "nuisance" shall not include
any activities of Declarant or any developer, which are reasonably necessary to the
development of and construction on the Property, provided that no loud music or other
excessive or unnecessary noise occuning in connection with the development of any Lot
shall be deemed necessary to construction.
Section 9. Unden!round Utility Lines. All electric, television, cable
television or radio, telephone, and other transmission line installations and connections
within the Property shall be placed underground; provided that, during the construction of
a Residence, the contractor or builder may install a temporary overhead utility line which
shall be promptly removed upon completion of construction.
Section 10. No Hazardous Activities. No activities shall be conducted on the
Property or within improvements constructed on the Property, which are or might be
unsafe or hazardous to any person or property. Without limiting the generality of the
foregoing, no firearms shall be discharged upon any of the Property and no open outdoor
fires shall be lighted or permitted on the Prope11y, except in a pit designed to contain fires
or outdoor fireplace or barbecue unit \vhile attended by a responsible person.
Section 11. Noise or Odors. No sound shall be emitted from any Lot or
Residence (including loud music or recreational vehicle engine noise), which is
unreasonably loud or annoying to the Owners or occupants of nearby Lots. No odor shall
be emitted from any Lot or Residence, which is noxious or unreasonably offensive to
others.
Section 12. Garbage and Refuse Disposal. No garbage, refuse. rubbish,
ashes, waste. bio-solids, or cuttings shall be deposited on the Property or any road or Lot
or other parcel thereof, unless placed in a suitable container suitably located, solely for
the purpose of garbage or recyclables pickup or decomposition. All equipment or
containers for the storage or disposal of such materials shall be concealed from view from
other Owners and neighboring prope11ies, except when being placed for removal.
Section 13. Excavations. No excavation shall be made upon the Property.
except in connection with construction of Improvements or installation of utilities. Upon
completion of any construction or installation, exposed openings shall be backfilled and
disturbed ground shall be graded and, unless within the bed of a road or within the
p0l1ion of a Lot to be developed, restored to its natural appearance.
Section 14. Drilling or Mining Operations. No Lot shall be used for drilling.
exploring, mining or otherwise developing any deposits of oil, mineral or other natural
resources lying above, on or under the Lot Nothing herein shall prelude an Owner from
sharing water resources with other Owners.
Section 1 S. Outside Storage. No indoor furniture, fixtures, appliances, or
other goods and chattels shall be stored on-any open area or on any Lot in such manner
that such item is visible from a neighboring Lot Construction materials shall not be
stored on any Lot for a period exceeding sixty (60) days prior to commencement of
construction and following completion of construction. Owners should avoid creating or
permitting obvious eyesores visible to others living within the Property.
Section 16. Trails and Paths. Pedestrian activities shall be confined to
existing roadways and natural trails and paths. The clearing of trails and paths through
native habitat out side the Building Envelope shall not be pern1itted.
Section 17. Prohibited Uses. The following uses or activities are expressly
prohibited: Incompatible fire protection activities; Livestock grazing; Commercial
uses; Industrial uses; Altering the general topography outside the Building Envelope, or
any activity that violates the Town of Marana ordinances or codes.
ARTICLE V
EASEMENTS
Section 1. An easement is reserved and granted to all Owners and their
guests, licensees. and imitees upon, over, and across the graded and/or paved roads
constructed upon the Lots. as shown as road easements on the Map, for access to and
from the Lots and for the installation and maintenance of utilities.
Section 2. An conservation easement is reserved and granted by all the
owners fifty (50') feet in width along all washes as identified on the hydrology map
deposited with the Town of Marana.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Enforcement. Any Owner or Owners not in default of the
restrictions and obligations of this Declaration shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens,
and charges now or hereafter imposed by the provisions of this Declaration. Failure to
enforce any covenant or restriction herein contained shall in no event be deemed a w'aiver
of the right to do so thereafter. Costs and attorneys fees shall be awarded to the
substantially prevailing party in any such action.
Section 2. Severability. Invalidation of any provision of this Declaration by
final judgment or court order shall in no way affect or limit any other provision. which
shall remain in full force and effect, unless, rendered meaningless.
Section 3. Conflicts of Provisions. In case of any conflict between this
Declaration or with any rule or regulation or bylaw of the Association, this Declaration
shall control. In case of conflict between any provision of this Declaration and any
provision of law, the law shall prevail over any unlawful provision hereof, but the stricter
provision shall prevail to the extent not unlawful.
Section 4.
Duration and Amendment.
(a) Duration. Each and every provision of this Declaration shall
run with and bind the land for a term of sixty (60) years from the date ofrecording of this
Declaration, unless amended to run for a longer period during the final 10 years of such
term.
(b) Amendment. This Declaration may be otherwise amended or
restated by an instrument approved by both the Owners of at least two-thirds (2/3) of the
Lots. However any such attempt to amend this Section 4 shall require the approval of the
Owners of at least nine (9) Lots, and no amendment of Article III Section 1 shall be
effective without the consent of the United States Fish and Wildlife Service. Any
amendment must comply with the statutes of the State of Arizona and the resolutions and
ordinances of the County of Pima, Arizona, or of any successor govermnental entity
having jurisdiction over the Property, in existence at the time such amendment becomes
effective.
Section 5. Notices. Each Owner hereby consents to the receipt of notices or
demands intended to be served upon an Owner personally served or sent by first class
mail, postage prepaid, to the address of the Lot O\vned by such Owner.
Dated:
,2005.
Declarant:
By:
Its:
STATE OF ARlZONA
)
) ss:
)
County of Pima
SUBSCRlBED. SWORN TO AND ACKNOWLEDGED before me this
day of . 2004 bv as
of . the Declarant
herein..
Notary Public
My Commission Expires:
Revised 11/30/2005/ tIle
Leslie & Bonnie B. Corey
P.O. Box 90227
Tucson, AZ 85752
January 22, 2006
Chair
Marana Planning Commission
Town of Maran a
11555 W. Civic Center Drive, Bldg. A2
Marana, AZ 85653-7003
Re: Case No. PCZ-05I 02
Dear Commissioners:
We are abutting residents to the rezoning request submitted by property owners John Gutierrez,
Pete Cutler and Earl Cutler to rezone 20 acres ofland from "R-I44" to "R-80". We protest any
action by your commission that would directly or indirectly facilitate a higher density of
development than is allowed under current zoning. Any prescriptive increase in density for this
entire 20 acre tract is inconsistent with your approved Town Plan of Development and with the
community and rural conservation values that the have been embraced by all the neighboring
property owners.
While we appreciate the need to set aside a 75' strip ofland along Lambert Lane to accommodate
a future road right-of-way, we do not feel that this requirement should trigger a down-zoning of
this nature. Allowing a single lot of 261 ,425 square ft. in an R-80 re-zone could subject that tract
to future lot splits. If proposed Lot # 7 was subject to future splits, the end result would be 9
houses on this 20 acre tract. We do not object to reconfiguration ofthe parcels and lot lines to
accommodate 7 building lots on these combined tracts as long as the density for the entire 20
acre development is limited to no more than seven residential lots in DeqJetuitv. Appropriate
conservation restrictions and easements should be imposed and filed on the land records to
prevent any future lot splits and to protect the extensive braided washes or riparian flood zones
that traverse this property. In our 10 years of residence at this site we have witnessed significant
flash flooding on the parcels being considered for rezoning.
We strongly oppose any increase in lot density and support generous habitat protection covenants
on all undeveloped lands found in this area for the following reasons.
1. The thorn-scrub or Ironwood Forest located in this region contains some of the most
biologically diverse and lush Sonoran desert habitat.
2. Lands in this area were designated as priority conservation lands for protection under the
Pima County Sonoran Desert Conservation Plan.
3. This land also includes riparian habitat critical to many threatened and endangered
species. A cactus ferruginous pygmy owl was active in this area during two consecutive
breeding seasons in 2003 and 2004. We have photos of this endangered_owl in an
ironwood tree on our residential lot across from the subject property. Every effort should
be made in this region of town to minimize habitat loss and site disturbance to conserve
as much of the Ironwood Forest as possible in support of the biological diversity present
on these lands.
4. Maintaining residential lot densities as prescribed in the R-l44 Zone and Pima County's
SR Zone is appropriate and consistent with the existing development densities that all
other property owners adjacent to these lots have adhered to. There is no compelling
reason or hardship situation created here that compels your Commission to allow the
proposed increases in density on this or adjoining tracts.
Thank you for providing this opportunity to comment on this action pending before your
Commission. Weare disappointed that we could not attend the public hearing scheduled for
January 25, 2006 due to out of state business travel obligations. We request that this letter be
read into the public record.
If the Commission chooses to continue this proceeding to allow for further discussion and
analysis of the proposal, we would be interested in attending a future hearing. We look forward
to learning of your deliberations concerning this proposed action.
s!~relY,
~~:.
/ 'u I .
eslie N. Corey, Jr.
t 0355 N. St. Patrie
!~
p~.,8~/
BonnieB.Corey - ~/
5025 W. Lambert Lane
Tucson, AZ 85742
January 25, 2006
Town of Marana Planning Commission
C/O Jocelyn Bronson, Town Clerk
Marana Town Hall
11555 W. Civic Center Drive
Marana, AZ 85653
Dear Members of the Planning Commission:
We are writing to comment on a rezoning request scheduled for public hearing before the Town
of Marana Planning Commission on January 25, 2006. The case number is PCZ-051 02.
As you may be aware, the land on the other three comers of the Lambert/St. Patrick intersection
is part of unincorporated Pima County. All of that land currently shares the same zoning
category-Suburban Ranch. This category requires lot sizes of a minimum of 144,000 square
feet, the same as the current zoning ofthe parcels owned by John Gutierrez, Pete Cutler and Earl
Cutler. Both Pima County and Marana descriptions of these zones emphasize large minimum lot
size, low density, and preservation of open space, particularly in environmentally sensitive areas.
We strongly urge you to consider the very reasons that current property owners in this area built
or bought their homes. We were attracted to this area precisely because of the large lots and
open space. We love the peace and privacy afforded by suburban ranch zoning and the
preservation of the natural desert environment. We speak for several immediate neighbors in
protesting any change in zoning that would decrease the minimum lot size in this area.
We are encouraged by recent actions of the Town of Marana to increase aesthetic beauty by
adopting neighborhood and residential design standards that "incorporate parks and open space
into the fabric of the neighborhood." We commend the progressive plans for expanding the
"Open Space Parks and Trail System." We applaud the philosophy ofthe Planning
Department's Mission Statement, which invites "active public participation" and promises
"superior public service to promote the welfare and quality oflife of the community."
Therefore, we are concerned about the absence of consideration for and collaboration with
neighbors in this process. It is our understanding from discussion with Marana Planning
Department personnel and other acquaintances in the field that it is common practice for property
O\yners who are requesting rezoning to initiate discussion with neighboring landowners well in
advance of the request, in order to build support and address neighborhood concerns. No such
attempt was made until the evening of January 24, 2006, when Pete Cutler contacted us after
hearing of our concerns from the Planning Department. Although we both spoke with him
briefly, we were unable to meet with him on such short notice, having already rearranged our
schedules in order to attend the Planning Commission hearing this evening.
We are hopeful that the Town of Marana Planning Commission will support the cause of current
residents of the community, who simply want to maintain our quality oflife within the beautiful
and sensitive desert environment. We have not been made aware of any compelling reason to
prompt a change, and we ask you, in good faith, to uphold the current zoning requirements. At
the very least, we request a continuance, in order that neighbors might have more time to discuss
concerns with the property owners.
Thank you for the opportunity to comment on this issue.
Sincerely,
~~~
George and Carolyn Dumler
~
JAN-25-06 11 :37AM FROM-
T-699 P.002/002 F-793
January 25th, 2006
Town of Maran a Planning Department
Attn: Lisa Shafer
Re: PCZ-05102
11555 W. Civic Center Dr, Bldg A2
Marana, AZ 85653
Dear Li~
I represent Dr. Dan & Amy Baker who own property directly to the east of the
subject property, reference case #. PCZ-05102; along with their personal residence at the
corner of Lambert & Quail Ln. I have been asked to communicate to you, the Town of
Marana, their support for this re-zoning. After talking with Pete Cutler and John
Gutierrez, the Baker's support their plan 100%, and believe it will only bring higher
standards to our neighborhoods. The Bakers and myself thank you for your time and
consideratioDt and ask that the staff support the rezoning so as the counsel will pass it
immediately.
Ed Henne
Broker Associate
Long Realty
. 6875 N. Oracle Rd., Suite 125 . Tucson. AZ 85704 . 520.297.1186 . Fax 520.297.1005 . www.longrcahy.com
~AN 25 2006 4:59PM
HP LASERJET 3200
JIM ~ PATIYMILLER
P.O. Box 89358
Tucsor-/. AZ 85752
(520) 744 0092
FAX (520) 579 9206
January 25, 2006
Marana Planning Commission
TpwnofM~
I
11555 W. Civic Center Dr., Bldg A2
Marana, AZ 85653
RE: Case PCZ - 05102
,,' Case pez - 05107
Dear Members of the Planning Commission,
I am a neighbor to the SOUth. of the Case PCZ - OS I 02 (GutFz, Cutler and C~t1er)
located at 10231 N. St. Patrick ad. I have some concerns reprding these reque~t~ and I
dOll't feel that ~'have been adequately ~ed. We are; not within the 300 F~
JlC?titication area as the lots in the area varY from 3.3 to 20 ~res. After a neigh~~brought
this to my attention I tried to gather as much infonnation as l.poSsible, but due to Is!' me
logistical issues 1 have not had the opportunity to gain the iMormation needed to
understand the need for the increase in density for the above referenced cases. I 0 ly
rec.eiVed. the staffreport today due to illness and technologytproblems from the fown of
~ I receive4 ~message from Mr. Cutler on 1/24/06 bf1 have not been abl to
~nd on such short notice.' .
It appears tha1 in both these cases the land purchased was r~resented with a d~lty that
was adequate and representational of the existing community as well as consisten with
both Pima County SR Zone and the Marana RI44. Increasibg density even slight y can
have some detrimental effects on the area. My concern falls mainly in Gutierrez / Cutler
case where the potential for density can be as high as 9 homp sites in an area th~ was
originally zoned for 6 home sites. This 300A. increase will itrlpact the fragile wat shed
and environment as well as create more hazards with an increase in traffic and an
impact. Already we have had major and minor washes rec~eled that cause si' . ficant
erosion out of the natural drainage due to the increase in impact. The roads that e once
passable during monsoons with an occasional wash crossin~ them have become . ers in
themselves due to the impact of home sites and we maintain our own streets. We do not
have any form of traffic control and motorists are sharing th~ dirt roads with eqqcstrians
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~AN 25 2006 4:59PM
HP LASER JET 3200
and motorized recreation vehicles. Often times cbildren ~ zipping down the streets on
quads. With the increase in density and traffic this posses an even greater danger.
i
As you mayor may not be aware there is a cohesive community of owners, (both long
term and relatively new) that have purchased land and built homes in the community.
Many others have bought some of the existing homes already here. We work together to
maintain our own roads, petition to get school bus pick up, imonitor the area foil' illegal
dumping, attempt to monitor the illegal parties that often tUnes materialize in the vacant
desert areas and other issues that have arose through the ~. Although we aU ~ue our
privacy it is this spirit of cooperation that has encouraged the growth of a co~qnity that
has more recently begun to become a very desirable location for custom home si~.
I would like to urge the commission to only rezone this to R.80 with the fol1owip~
conditions to allow the current owners to obtain the density that would be lost <Jue to the
dedication of the 7S ft right of way to the Town; however, ~ would request that ~
Commission condition this rezoning with a cap on the density to be consistent r1...th the
~a County SR Zone and Marana R144. If this is not pos~ble, I would like th
commission to continue this matter so we can have an oPMrtunity to address 0
concerns to the developers of these properties. I
Thank you for your consideration and the opportunity for comment.
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#fto~
Patty and Jim Miller
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February 17,2006
To: Marana Planning Commission
From: Tortolita Neighborhood immediately surrounding affected property
References:
Case No.: PCZ-05102 Case Name: Presidio De Oeste Rezoning
Case No.: PCZ-05107 Case Name: OIding I Pisciotta Rezoning
Attachment 1: Area planning and zoning map
Attachment 2: Dirt road problems caused by water channeling
Dear Marana Planning Commission,
We the undersigned neighbors residing within the Tortolita Comprehensive Plan, and within 0.5 miles of
the referenced properties,
Whereas,
I. We have listened to the staff reports and proposals presented to the commission on January 25, 2006;
2. We have met with the property owners February 4, 2006 to review their plans;
3. We have reviewed the surrounding zoning and densities plans as given in attachment 1 and found the
cases referenced above to be inconsistent;
4. We are concerned about local road flooding I erosion that is exacerbated by higher den~ity building
without the benefit of subdivision improvements (see attachment 2);
5. We are concerned about the additional traffic on Lambert Lane, a dirt road maintained by the
neighborhood and a single lane in many sections;
6. Our quality of life, properties, and safety are affected by the proposals presented to the commission.
Now therefore propose the following,
1. Densities be maintained to the spirit of the existing requirements by either:
a. Providing variances to the R -144 zoning to have the effect of not penalizing owners for the
subtraction of75 feet along Lambert Lane, up to the density allowed before the subtraction of the
right of way.
b. Allowing rezoning of those owners' properties that border Lambert Lane to R-80 and limit the
density to R -144 standards prior to the subtraction of 75 feet along Lambert Lane.
2. Roadways, arteries, and driveways not be allowed onto Lambert Lane by legal restrictions until the
time that the town of Maran a and Pima County improve Lambert Lane beyond its single lane I dirt
surface condition. Driveways and arteries are not allowed on 81. Patrick. Access shall be as proposed
from Flying Diamond.
a. Create a 1 foot no access easement along 81. Patrick and Lambert Lane
3. In exchange for the higher density allowed by the 75 foot subtraction, owners agree to install, or
invoke by covenant, a barrier along Lambert Lane, such as 5 gallon mesquite trees every 10 feet fed by
drip irrigation.
4. All other declarations and plans presented by owners in the above referenced reports be adopted.
The undersigned set their hand to this proposal and certify that they are within the Tortolita Comprehensive
Plan and within O.~ miles of the referenced properties;
Name
Address
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Attachment 2: Dirt road erosion on Lambert Lane caused by flood water channeling.
February 21, 2006
Town of Marana
Planning and zoning
11555 W. Civic Center Drive
Marana, AZ. 85653
RE: Rezoning Issues
#PCZ-05102
#PCZ-05107
We would like to go on record with our concerns regarding the
rezoning requests noted above. My wife and I attended the planning and
zoning meeting on January 25, 2006. In that meeting we listened to
proposals from a Mr. Cutler regarding rezoning the parcels in questions.
Mr. Cutler appeared to be speaking on behalf of several property owners
that had contiguous parcels of land. A search of the public records
shows that all of these people came into title in the spring and summer
of 2005.
I am uncertain as to the total number of lots that would result
from the proposals submitted but it appears to be at least 7 or 8.
While these individuals are independent owners of their parcels they are
acting in concert to subdivided the land. Marana requires that you go
through the preliminary and final plat process when your splits produce
3 or more lots. The subject parcels in these two rezonings, regardless
of title and individual ownership, represent a small subdivision and
must be held to town standards. The plat process with the attending
design standards should be applied to this development.
At this point the town has the right to request certain conditions
be met in order to approve a rezoning request. We believe the interests
of the town will not be served if you miss this opportunity to impose
proper development standards.
We are concerned about the increase in density but even more, we
are concerned that this project must meet minimum town standards for
development. At this time we must go on record as opposing the
rezoning.
/f7~ ~ ~
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Mike L. & Wendy L. Lee
PO Box 89697
Tucson, AZ. 85752
465-4008 cell
797-1673 fax
CC: Town Attorney and Town Manager
March 6, 2006
Lisa Shafer
Marana Development Services
11555 W Civic Center Drive
Marana AZ 85653
RE: Rezoning request for Olding !Pisciotta (10 ac north of Lambert)
Rezoning request for Cutler/Gutierrez (20 ac north of Lambert)
Please reconsider the zoning change proposed in the F eb 22 Planning
Commission meeting, to change these two pieces from an R-144 to an
R-80.
I did a quick estimate for our homeowner's association and the average
lot size between the properties in question and our properties is 6.4acres.
Why would the Town of Maran a consider allowing rezoning this
property to R -80?
We are very concerned with the impact this would have on our area, and
the precedent that it would set for future developers.
Please allow infill and higher density developments in areas with similar
.
zonIng.
This R -80 rezoning is not consistent with our area.
Sincerely, /"1 ULLL,J ;3~.
t~ {I'
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Laureen Bottazzi
Sweet Haven Property Owners Association
POBox 91723
Tucson AZ 85752
/>F-- ~--~ Presidio De Oeste
Rezoning
MARANA
~/l, CASE NO. PCZ-05102
TOWN OF MARANA
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400 0 400 800 Feet "1 I Q I
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DoIaDlsctalm<< N Z
The Town ofM..... PfovWeos" maplnforrMUon "As )s'. at.... r.qu.st 0' + I c;O Z
tM us... wflh the understanding that It .. not ........dto be ace",ah-.
- COff.ct Of complete and coneknlom drlrNnl'tom such Inform_ion ..""e 6 m
.uponaibMy of the u..... ~
~ no .",ent shall n. Town of....... bftolM I.... to "'... of ~ daIa" ^ 0
01' env-'he.plfty.tor anvlo.. or direct. .....ed. *Pu....lnIkhnl'ator
- con..QUentiaI d........1ncIudIng but not .......dto ftrM. mOMy 0' -1
.,00...... _Ising from" UN or moclWk.tkm of... datil. 0
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REQUEST
J A request by the Cutler's and Gutierrez's to rezone
approximately 20 acres from "R-144" to "R-80".
The properties are located directly north of Lambert Lane
and approximately 1/2 mile west of Camino de Oeste.
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INDEX CONTOUR <VEI.llC1'tY 4)
INTERMEDIA TE CONTOUR
FEMA 100 YEAR
FLOOD LIMITS
EROSION HAZARD
SETBACK LIMITS
WASH
PROPLlNE
SAGUARO
BUILDABLE AREA
PROPOSED CONSERVAnON EASMENT
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~ EARL CUTLERJPETER CUTLER/JOHN GUTIERREZ
6913 N CAMINO MARTIN
PCZ-05102