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HomeMy WebLinkAboutOrdinance 2006.20 Rezoning to create the Tangerine Thornydale Specific Plan SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12841 3701 5 20061300689 07/07/2006 15:38 F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 -.J MARANA ORDINANCE NO. 2006.20 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE TANGERINE THORNYDALE SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 56 acres ofland located within a portion of Section 31, Township 11 South, Range 13 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 May 31, 2006, 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 of the owner, staff and members ofthe public at the regular Town Council meeting held July 5, 2006, and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Rural Density Residential to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 58.8-acres of land located within a portion of Section 31, Township 11 South, Range 13 East, at the northwest comer of Tangerine Road and Thomydale Road (the "Rezoning Area"), changing the land use designation from Rural Density Residential to Master Planning Area. Section 2. The zoning of approximately 58.8-acres ofland located within Section 31, Township 11 South, Range 13 East, at the northwest comer of Tangerine Road and Thomydale Road (the "Rezoning Area"), is hereby changed from "R -144" (Single Family Residential, 144,000 square foot minimum lot size) to "F" (Specific Plan) creating the Tangerine Thomydale Specific Plan. ::1, ;;i:~ d, l Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of single family residential, commercial, and recreation and open space uses subject to the following conditions, the violation of which shall be treated in the same manner as a violation ofthe Town of Marana Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): ii:::JI ::]: i,"~W! l It~~ :t 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. Marana Ordinance No. 2006.20 Page 1 of3 2. This rezoning is valid for five years from the date of Town Council approval. If the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into the Northwest Fire District or otherwise provide for fire protection service. 4. The design of all streets and circulation related facilities, including the gated access, shall be accepted by the Northwest Fire District prior to the Planning Commission's consideration ofthe preliminary plat. 5. The HOA, as established and accepted by the Town of Maran a, to control, maintain, and manage both residential areas and open space shall implement those recommendations set forth in the Specific Plan. 6. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. The Town shall reserve the right to monitor and enforce the habitat management responsibilities ofthe HOA. 8. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 9. The preliminary plat shall be in general conformance with the Land Use Concept of the Tangerine/Thomydale Specific Plan. Any changes to the Land Use Concept that reduce the number of bridges spanning washes shall require reconfiguration of the site and could result in a reduction of the number of residential units and/or a reduction in the amount of site disturbance. 10. The Developer shall dedicate, or cause to have dedicated, an additional 125 feet along the southerly property line to meet the future 350-foot right-of-way for Tangerine Road and an additional 45 feet along the easterly property line to meet the future 1 50-foot right-of-way for Thomydale Road. 11. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 12. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Maran a Utilities Director and/or Tucson Water prior to the approval of the water plans. 13. 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. Marana Ordinance No. 2006.20 Page 2 of3 .1. "~ ,,,," ~'~I: if 1. I~ ~,~ .':;~' m '~~ 14. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 15. Upon adoption of the ordinance by the Mayor and Council approving the Tangerine Thomydale Specific Plan, the applicant shall provide the planning department with the following final edition of the Tangerine Thomydale Specific Plan: one non-bound original; 25 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 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. 2006.20. 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 of the Town of Maran a, Arizona, this 5th day of July, 2006. t:/ ;Jz1~ ~ I Mayor Ed. Honea ATTEST: ~\,"ln'",~ ~_\.OF~ ~ ~~'~,,'''"'''''' ~~ ~O~ ~ ~ ::~ ~coRPORArE''' ~ - S c:x:x::. i - - =SEAL- - ....~ ;::- :; ~ if:;: ~ ~ ~ s ~ ~:'llm"\~ ~ ~ 'ilZ 19"' ~ ~ ~lllliU'\\\~ :1 il'~~ I~~; 1~"hl!1 d 1 ~~ ~~ '7' ~] Ir~~ '""~ Marana Ordinance No. 2006.20 Page 3 of3 Exhibit A: Legal Description Tangerine/Thornydale Specific Plan The South 1040 feet of the East half of Section 31 Township 11 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; . EXCEPT the East 30 feet lying within ThornydaJe Road as established by instrument recorded in Docket 1064 page 2~5, records of Pima County, Arizona; and EXCEPT the South 60 feet lying within Tangerine Road according ,to Book 7 of Road Maps page 83, records of Pima County, Arizona; and EXCEPT any portion lying within Camino de Manana Road No. 220, according to 800k 2 of Road Maps. Pages 1 to 4 Inclusive, records of Pima County, Arizona; and EXCEPT the triangular p'ortion of land at the corner of Tangerine and Thornydale as described in Docket 12203 at page 5168 of the records of Pima County. :l. UP~~ <~~~~, l..} .~, t It::;~ ,r'~1 ':~~~~I l l\~ I~;'~' ~--~ MARANA ~/ 1" TOWN OF MARANA Exhibit B Tangerinel Thornydale Specific Plan CASE NO. 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I I :::~ .:;;:~ -------------- ----~_------.------, :' !::~~ A request for rezoning aJP(Droximately58.8 acres of land from "R-144" (Single Family Residential, 144,000 square foot minimum lot size) to "F" S(Decific Plan..