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HomeMy WebLinkAboutOrdinance 2010.05 Rezoning creating the Honea Heights III specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13768 RECORDED BY: LLW PAGE: 1090 ` DEPUTY RECORDER 1956 PE-2 ~y°F P~I~Lr _~ ~~ ,~9 0 NO. OF PAGES: SEQUENCE: 6 20100520343 ~ ~ SMARA w~ ~ ~*y 03/18/2010 TOWN OF MARANA f '~~ w, b ORDIN 16:11 ATTN: TOWN CLERK ~ItIZO~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.50 MARANA ORD INANCE N0.2010.05 RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE HONEA HEIGHTS III SPECIFIC PLAN WHEREAS, the Town of Marana (the "Developer") is the owner of approximately 37.7 acres of property located south of Sandy Street and east of Sanders Road within a portion of Section 33, Township 11 South and-Range 11 East, as described on Exhibit "A", attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on February 24, 2010, and at said meeting voted 4-1 (with Commissioners Wood and Jakab excused) to recommend that the Town Council approve this rezoning; and WHEREAS, the Marana Mayor and Town Council held a public hearing on March 16, 2010 and determined that the application for rezoning 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 37.7 acres of the Rezoning Area located south of Sandy Street and east of Sanders Road within a portion of Section 33, Township 11 South, Range 11 East, changing the General Plan designation from Medium- Density Residential to Master Planning Area, is hereby approved. SECTION 2. The zoning of the Rezoning Area is hereby changed from "A" (Small Lot) to "F" (Specific Plan) creating the Honea Heights III Specific Plan. SECTION 3. This rezoning is subj ect to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but ~„ which shall not cause a reversion of this rezoning Ordinance): 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. ~~l 2. This project is responsible for paying the required Lower Santa Cruz River Levee fee of $18,850 i '~1 and any other applicable impact fees. ~;l 3. The property owner shall not cause any lot split of any kind within the Rezoning Area 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 Marana Ordinance No. 2010.05 - 1 - federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 6. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 7. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 8. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Martina. 9. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of the final plat. 10. A Water Service Agreement and a Master Water Plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final plat by the Town Council. 11. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 12. 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. 13. Upon adoption of the ordinance by the Mayor and Council approving the Honea Heights III Specific Plan, the applicant shall provide the Planning Department with the following final editions of the Honea Heights III Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. SECTION 4. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Martina Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. 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 ~ I jurisdiction, such decision shall not affect the validity of the remaining portions hereof. J"" PASSED AND ADOPTED by the Mayor and Town Counc' of t e own of Marana, Arizona, this 16~' day of March Q~g16/0 ~~~~~t~ niy~ i !~ ~4~ coRP~ F~i~ = Mayor E H ea =SEAL ATTEST: %,, ~` ~ APPROVED AS TO FORM: ocelyn C~~ronson, Town Clerk z-`rank Cassidy, Town A Martina Ordinance No. 2010.05 - 2 - EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 1 All that portion of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southeast corner of said Southeast Quarter; THENCE South 89 degrees 40 minutes 56 seconds West, along the Southerly line of said Southeast Quarter, a distance of 660.51 feet to the Southwest corner of said Southeast Quarter; THENCE North 00 degrees 11 minutes 36 seconds West, along the Westerly line of said Southeast Quarter, a distance of 610.43 feet; THENCE South 49 degrees 54 minutes 14 seconds East, departing said Westerly line, a distance of 865.92 feet to the Easterly line of said Southeast Quarter; THENCE South 00 degrees 11 minutes 19 seconds East, along said Easterly line of said Southeast Quarter, a distance of 49.06 feet to the Point of Beginning. I ~~ EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 2 A portion of the north half of Section 33, Township 11 south, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Said parcel being more particularly described as follows; COMMENCING at the west quarter corner of said Section 33, said corner being a found 2" open pipe; THENCE North 0°34'34" West, 1321.02 feet along the west line of said north half, from said point of the northwest corner of said Section 33 bears North 0°34'34" West, 1321.02 feet, said northwest corner being a found 3" brass disk in hand hole stamped "T.O.M. R.L.S. 18552", THENCE North 89°41'26" East, 400.00 feet (measured and record) along the south line of the northwest quarter of the northwest quarter of said section 33; THENCE North 0°34'34" West parallel with the west line of the northwest quarter of said Section 33, 91.07 feet to the POINT OF BEGINNING, said point being aset %:'rebar tagged "RLS 16555". THENCE continuing North 0°34'34" West along said parallel line 63.93 feet, to a set %:" rebar tagged "RLS 16555", THENCE North 89°41'26" East parallel with the south line of the northwest quarter of the northwest quarter of said Section 33, 172.17 feet to a point of anon-tangential curve with a local radial bearing of North 18°10'06" West, concave to the north, said point being aset %Z' rebar tagged "RLS 16555". THENCE easterly along the arc of said curve to the left having a radius of 1666.85, through a central angle of 1°09'37", for an arc length of 33.76 feet to a point of tangency, said point being aset %2" rebar tagged "RLS 16555", THENCE North 70°40'17" East, 16.64 feet to a set tagged "RLS 16555", THENCE North 0°34'34" West parallel with the west line if the northwest quarter of said Section 33, 158.53 feet to a point from which a found 1 %:' aluminum capped pin with punch at the intersection of Honea Drive with Sandy Street bears South 89°41'07" West, 190.02 feet, said streets established by the plat of Honea Heights at the Pima County Recorders Office at Book 12 Page 58 of Maps and Plats; THENCE North 89°41'07" East, 726.44 feet to a found 1 %:" aluminum capped pin with a punch at the intersection of Sandy Street with Morgan Drive; ~, THENCE North 89°40'52" East, 696.46 feet (measured, 696.35 feet record) to a found railroad spike with cross cut at the intersection of Sandy Street with Hester Drive; THENCE 89°41'32" East, 242.64 feet to a set rebar tagged "RLS 16555", from which a found railroad ,~ spike with cross cut bears North 89°41'32" East, 347.48 feet; EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 THENCE South 30°00'17" East, 1526.45 feet to aset %" rebar tagged "RLS 16555", from which a found %:'rebar tagged "RLS 16555", from which afound %:' rebar tagged "RLS 22759" bears South 30°00'17" East, 373.40 feet; THENCE North 54°51'46" West, 580.98 feet to a point of curvature on a tangent curve concave to the south, said point being aset %:" rebar tagged "RLS 16555"; THENCE westerly along the arc of said curve to the left having a radius of 4073.45 feet, through a central angle of 32°42'08" for an arc length of 2,324.96 feet to the POINT OF BEGINNING. The above described parcel contains an area of 24.93 acres, more or less. ~~ EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 3 All that part of the North half of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Southwest quarter of the Northwest Quarter; THENCE Easterly to the Northwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter; THENCE Southerly to the Southwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter; THENCE Easterly to the Southwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter; The Northerly to the Northwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter; THENCE Northwesterly to the Southwest corner of the Northwest Quarter of the Northeast Quarter; THENCE North along the West line of the Northeast 4uarter, a distance of 330 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest Quarter, to a point distant 620 feet East of the West line of Section 33; THENCE Southerly, parallel with the West line of Section 33, a distance of 175 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest Quarter, a distance of 220 feet; THENCE Southerly, parallel with the West line of Section 33, a distance of 155 feet to a point in the south line of the North half of the Northwest Quarter; THENCE Westerly along the South line of the North half of the Northwest Quarter, a distance of 400 feet to the West line of Section 33; THENCE Southerly along the said West line of the Point of Beginning; EXCEPT the West 50 feet of said Northwest Quarter; AND FURTHER EXCEPT all that portion conveyed to Pima County, Arizona, a body politic as described in ,..,. Deed recorded April 5, 1985 in Docket 7506, page 113. ,~, ~....