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HomeMy WebLinkAboutOrdinance 2011.19 Rezoning to create the Rancho Palomitas specific plan R F. ecorded By: GB , RECORDER R V ol P IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4884 DEPUTY RECORDER O SEQUENCE: 20112240004 i W� �z NO. PAGES: 4 SMARA ��\ �I ORDIN 08/12/2011 TOWN OF MARANA 9:26 TOWN CLERK 9 $IZO1`Z Q ' MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.19 RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE RANCHO PALOMITAS SPECIFIC PLAN WHEREAS RANCHO PAL,omrrA AD VISORS, L.L.C., an Arizona limited liability company (the "Owner "), owns approximately 78.11 acres of property located approximately 1.8 miles east of Interstate 10 on the south side of Tangerine Road within a portion of Section 4, Township 12 South, Range 12 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 June 29, 2011, and at said meeting voted 4 -2, to recommend that the Town Council approve this rezoning, subject to a waste transfer station not being allowed within the Rezoning Area; and WHEREAS the Marana Mayor and Town Council held a public hearing on August 2, 2011 and determined that the application for rezoning should be approved without the Planning Commission's recommended revision, but with a requirement that the waste transfer station use be preceded with a development agreement addressing the use. 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 78.11 acres of the Rezoning Area located approximately 1.8 miles east of Interstate 10 on the south side of Tangerine Road, changing the General Plan designation from Industrial (I) to Master Planning Area (MPA), is hereby approved. SECTION 2. The zoning of Rezoning Area is hereby changed from `R -80' (Single Family Residential - minimum lot size of 80,000 square feet) to `F' Specific Plan creating the Rancho Palomitas Specific Plan. SECTION 3 This rezoning is subject to the following conditions, the violation ofwhich 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 Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The developer /owner must dedicate 125 -feet of right -of -way along the entire northern property line for Tangerine Road prior to or at the same time as the dedication of the well site upon demand of the Town or prior to approval of the development plan or in the platting process. Marana Ordinance No. 2011.19 - 1 - 8/4/20118:38 AM v� 3. The developer /owner shall dedicate a minimum of 2.4 acre water well site upon demand of the Town or prior to approval of the development plan or in the platting process. 4. The developer /owner will be responsible for the development of a new well, a booster station, and storage facilities subject to a Water Service Agreement. 5. The developer /owner shall connect to sewer lines as accepted by the utilities director. This connection shall be done at the owner's expense. 6. The developer /owner shall be responsible for the design and construction of the eastbound deceleration (right -turn) lane(s) and continuous center left -turn lane on Tangerine Road at its intersections with the project's two access streets. 7. The developer /owner shall design and construct any other roadway or traffic control improvements found warranted based on the data and findings of additional traffic studies that shall be prepared at the platting or development plan stages of this project. 8. Any waste transfer station use shall be allowed only pursuant to a development agreement entered into between the Town of Marana and the developer /owner, and shall be conducted completely in an enclosed building, and the property containing the transfer station shall be surrounded by a block wall as deemed acceptable by the Planning Director. 9. This project shall not use chain link fence materials. 10. This development shall meet the Commercial Design Standards of the Land Development Code as deemed applicable by the Planning Director. 11. Any required 404 permits for this project will include the proposed well site. 12. A Sonoran Desert tortoise survey shall be completed on the property by a qualified biologist prior to any disturbance as determined by the Town Engineer. 13. Any property owner of this parcel shall be required to process a subdivision plat to create any new lots. 14. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or landowner to violation of any applicable federal or state law or regulation, nor relieves the applicant or the land owner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain an appropriate expert and/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property Owners and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R. S. § 12 -1131 et seq., and specifically A.R.S. § 12 -1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Marana Ordinance No. 2011.19 -2- 8/4/2011 8:38 AM SECTION 5. 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 this Ordinance. SECTION 6. 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 MARANA, ARIZONA, this 2 day of August, 2011. Mayor qd onea ATTEST: AMR ?Jocje�I�C�'Bronson, Town Clerk ti� �cc= SFAL T FORM: ��I APPROVED AS O O ��Ii1111��� v Frank �idy, Town Attorn Marana Ordinance No. 2011.19 -3- 8/4/2011 8:38 AM EXH I BIT A LEGAL DESCRIPTION The West half of Lot 4 and the West half of the Southwest Quarter of the Northwest Quarter of Section 4. Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, EXCEPT the North 50.00 feet of said LOT 4; and the East half of Lot 4 and the East half of the Southwest Quarter of the Northwest Quarter of Section 4, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, EXCEPT the North 50.00 feet of said Lot 4; more particularly described as follows: BEGINNING at the Northwest corner of said Section 4: THENCE South 89 °58'47" East along the North line of said Section 4, a distance of 1,320.52 feet to the Northeast corner of said Lot 4: THENCE South 00 °13'09" East along the East line of said Lot 4 and the East line of said Southwest Quarter of the Northwest Quarter of Section 4 a distance of 2,627.33 feet to the Southeast corner of said Southwest Quarter of the Northwest Quarter of Section 4. THENCE North 89 0 58'34' West along the South line of said Southwest Quarter of the Northwest Quarter of said Section 4, a distance of 1.319.84 feet to the West Quarter corner of said Section 4; THENCE North 00'14'03" West along the West line of said Northwest Quarter of Section 4. a distance of 2,627.25 feet to the Northwest corner of said Section 4, and the POINT OF BEGINNING; EXCEPT the north 50.00 feet thereof being within the right of way of Tangerine Road as recorded in Book 7 of Road Maps at Page 83. Containing 78.11 acres, more or less. F . ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: BDR '/ of PIM - DEPUTY RECORDER -V k ,4 �00 SEQUENCE: 20112240003 4884 NO. PAGES: 1 CONSEN SMARA W� II � �Z 'y 08/12/2011 TOWN OF MARANA � 9:26 TOWN CLERK $IZOl`t .MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2011.19 RANCHO PALOMITA ADVISORS L.L.C., an Arizona limited liability company (the "Owner "), owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit "A" attached to Marana Ordinance No. 2011.19 (the "Rezoning Ordinance ") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ- 10040, filed on behalf of the Owner. The Owner hereby agrees and consents to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12 -.1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this 2 day of August, 2011. RANCHO PALOMITA ADVISORS, L.L.C., an Arizona limited liability company By: CPE DEVELOPMENT COMPANY, INC., an Arizona corpor tion, its ana er B Y• Its: STATE OF ARIZONA } County of Pima } ss. The foregoing instrument was ac owledged before me on August, 2011, by �ylc�rcce.P Cit "'e , the of CPE DEVELOPMENT COMPANY, INC., an Arizona corporation, Manager of RANCHO PALOMITA ADVISORS, L.L.C., an Arizona limited liability company, on behalf the L.L.C. My commission expires: ad/ Notary Public rpALL Rancho Palomitas Specific Plan - Prop 207 Waiver Q SC 10 n> deurrt� pp _ffig This document was N4� oot�ri 1. ntt fray rec�arM presented for recording �- W, eg� ` without an exhibit attached.' �w1��tl dGelptlfia� _.