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HomeMy WebLinkAboutOrdinance 2011.20 Rezoning for Rancho de Mañana F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: JCC & PI DEPUTY RECORDER O SEQUENCE: 20112660038 305 W V!4 NO. PAGES: 5 SMARA y � ORDIN 09/23/2011 TOWN OF MARANA t b 10:09 TOWN CLERIC MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 MARANA ORDINANCE NO. 2011.20 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR RANCHO DE MARANA OF APPROXIMATELY 67.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF CAMINO DE MARANA, APPROXIMATELY ONE -HALF MILE SOUTH OF TANGERINE ROAD WHEREAS, Matthews Investment Group, L.L.C. and Matthews Family Trust are the property owners of approximately 67.8 acres of land located on the west side of Camino de Marana, approximately one -half of a mile south of Tangerine Road in a portion of Section 1, Township 12 South and Range 12 East, as depicted on Exhibit "A ", attached hereto and incorporated herein by this reference (the "Rezoning Area "); and WHEREAS, the Property Owner has submitted an application to rezone the 67.8 acres from C (Large Lot Zone) to R -36 (single - family residential — minimum lot size of 36,000 square feet); and WHEREAS, the Marana Planning Commission held a public hearing on July 27, 2011, and at said meeting voted 5 -2 to recommend that the Town Council deny the 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 August 16, 2011, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. The proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby changed from `C' (Large Lot Zone) to `R - 36' (single family residential, minimum lot size of 36,000 square feet). SECTION 3. 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 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. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. Marana Ordinance 2011.20 -1- J 3. 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 a fire district or otherwise provide for fire protection service prior to approval of the final plat. 4. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On -site roadways, building envelopes and all existing/proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Director and the Town Engineer during the platting process. 5. This project shall be limited to a maximum of 33 residential lots. 6. This project is located within the Northeast Marana Transportation and Marana Park Benefit Areas, and will be subject to those fees at time of building permitting of each residential structure. 7. The applicant has voluntarily agreed to a $1,200 per dwelling unit contribution to the Marana Unified School District payable by the lot owners at time of building permit. 8. 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. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all proposed disturbed areas including infrastructure and lot improvements prior to the issuance of grading permits. 10. If sewer lines are within the required distance of the project at the time of final platting, sewer lines will be installed in lieu of septic systems. In addition at the time of preliminary plat the developer shall provide the planning department with a cost- benefit analysis regarding the extension of sewer service (traditional gravity and innovative systems such as a low - pressure system) with the installation of the septic systems. 11. A 15 -foot wide public trail easement will be provided with improvements of a 6 -foot wide decomposed granite trail built by the developers to Town of Marana standards. The approximate location of the trail is depicted on the Tentative Development Plan in the site analysis; the exact location will be determined during the platting process. 12. A home owner's association must be formed to maintain public trails, common areas and optional decomposed granite walking paths in the public rights -of -way. The home owner's association will secure a license agreement for maintenance of walking paths in the rights -of- way. 13. A Sonoran Desert Tortoise Survey will be completed for the rezoning area by a qualified biologist and submitted to the Town of Marana for review and approval prior to the issuance of a grading permit. 14. Prior to the issuance of a grading permit the developer shall provide proof of compliance from the Army Corp of Engineers for all jurisdictional wash disturbances (Section 404). 15. The developer will submit during the platting process a re- vegetation plan of the rezoning area to be reviewed and approved by the Planning Department in order to return previously disturbed areas that are not planned on being disturbed during construction to pre - disturbance conditions including the areas identified on Exhibit II -C.1 of the site analysis. Maraw Ordinance 2011.20 -2- Implementation of the re- vegetation plan will be determined by the Planning Department during the platting process. 16. Prior to preliminary plat approval, the developer will cap and abandon any existing well sites in the rezoning area at the developer's expense and through the Arizona Department of Water Resources abandonment procedures. 17. All lots with frontage on Camino de Mariana shall be restricted to one story. 18. All lots with frontage on Camino de Marana shall have a minimum building setback of 50' from Camino de Mariana. 19. All lots shall have ingress and egress from the loop road. No lots shall have direct access onto Camino de Mariana. 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. 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 10h day of August, 2011. �,`��� ��� Mayor Ed' Honea ti CDC210� ! 8 E S ATTEST: � u APPROVED AS TO FORM: Y J lyn � Cronson, Town Clerk 6 /ra76sidy, Town torney Marana Ordinance 2011.20 -3- EXHIBIT A amft4 dWftL Legal Description Rancho De Mariana Boundary A parcel of land situate within Section 1, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona. Being more particularly described as follows: Commencing at the NE comer of said Section 1, marked by a found Brass Cap; Thence N 89° 58'23" W, along the north line of said Section 1, being the Basis of Bearings for this description as shown in Book 5 of Surveys at Page 3, a distance of 2636.10 feet to the North one - quarter comer of said Section 1, marked by a found Brass Cap; Thence S 00 05'30" E, along the west line of the NE quarter of said Section 1, a distance of 2647.31 feet to the Center one- quarter corner of said Section 1, marked by a found aluminum capped pipe, RLS 13178, and the TRUE POINT OF BEGINNING; Thence S 89 55' 17" W, along the north line of the SW Quarter of said Section 1, a distance of 1315.69 feet to a found W rebar, tagged RLS 19316; Thence S 00 03' 52" E, a distance of 1321.55 feet to a found'/" rebar tagged RLS 11373; Thence N 89 56' 06" E, a distance of 1316.99 feet to a found'/" rebar, tagged RLS 11373; Thence S 00° 07' 15" E, along the west line of the SE Quarter of said Section 1, a distance of 426.06 feet to the NW'ly Right -of -Way line of Camino De Mariana (30' half width); Thence N 43° 35' 19" E, along said NW'iy Right -of -Way, a distance of 1429.29 feet to a found Y2" rebar, tagged RLS 23942; Thence N 00 10' 44" W, a distance of 713.78 feet to the north line of said SE Quarter, marked by a found''" rebar, tagged RLS 23942; Thence S 89° 55' 14 along said north line, a distance of 986.86 feet to the TRUE POINT OF BEGINNING. Containing a calculated area of 67.83 acres, more or less. 29879 0 DANI4Y L GREEN � AMEC Earth & Environmental, Ina t ned 3275 W. Ina Road, Suite 165 Tucson, Arizona 85741 Tel: (520) 219 - 4998 EXPIRES." 3 °m " 1..w► Fax: (520) 219.0499 WWWjM0-Q ' p.%monl2DDSWODW"S OWtwvoylbairWery lepal.doc y O 3mz < Wa M =Wa0O I N LLJ H �ZON O� t U' Z o n t a 0Q�j� °o m0 Z z (n o- °Q ,+�, O N Z W Q ; N w�Zw Z J vw � Q W wm O O� O LLJ ......._ ��_ > F'N�O ,ry it cr O� O O O ��j w04(o M v c� ��� w O O Q 0 -M Li �p M ;<ZN CL �i j � Q p O p 0: U) U) S f.- .-� W 0 < C-) r 1 w U �—» j C*4 O � F < in Lo cli Q p tZ �� W � 0 0 0 \ O O to D e w �. 0: o ai m Fn M IX OQ `1 OM Q Wtn3 m W� 0m OOOOO 00 t -00Wn W t C14 Z $ =� W Z m QFM AMC �� W Q =v W U O Zw ? �W�Z�¢a`cn p = Z`bf .� I (nm pJ pM UW� �0 ���0 tea: I LL- V) Z {n \ Q z'' M .�_�.0�8s�lZS l z o U W 3.9 L,LO.00S A ' \ o X CO Q�''` W 8 L W Q v M « 4lv,0 LOON o � a 3o QOM �Y z z cn C 5 c' ►� o_ m m 2s . 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PAGES: 4 SMARA TOWN OF MARANA CONSEN 09/23/2011 10:09 TOWN CLERK 9RIZ01`�Q` MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: $8.00 MARANA AZ 85653 i CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2011.20 MATTHEWS INVESTMENT GROUP L.L.C., an Arizona limited liability company, and MATTHEWS FAMILY TRUST (together, the "Owners ") own the three parcels of land collectively referred to in this instrument as the "Property," which is particularly described and depicted in Exhibit "A" attached to Marana Ordinance No. 2011.20 (the "Rezoning Ordinance ") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ- 10016, filed on behalf of the Owners. The Owners hereby agree and consent 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 the Rezoning Ordinance, and waive any rights 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 Owners also consent 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 16 day of August, 2011. MATTHEWS FAMILY TRUST MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company BY _ca1'et William Matthew Trustee By CAM B Y: '� 1 ews anager I an ett Matthews, Trustee BY Clint W. Matthews, Manager B Y4 1 2Z&A"a `William Matthews, Manager PDFConvert.3950.1.PCZ- 10016 Rancho de Mariana Rezoning -207 Waiver.DOC -1- STATE OF ARIZONA ) County of Pima ) SS. The foregoing instrument was acknowledged before me on August � 2011, by Joel M. Matthews, Manger of MATTHEWS I NVESTMENT G ROUP, L.L.C., an Arizona limited liahilitv COMDany. on behalf of the L.L.C. (Seal) ftfto + s Notary Public STATE OF ARIZONA ) County of Pima ) Ss. The foregoing instrument was acknowledged before me on August Ite-1 2011, by Clint W. Matthews, Manger of MATTHEWS INVESTMENT GROUP, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) �► '. 0% ma"On Notary Public it M STATE OF ARIZONA ) County of Pima ) Ss. The foregoing instrument was acknowledged before me on August 7 2011, by William Matthews, Manger of MATTHEWS INVESTMENT.GRoUP, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) WY cooper Mnnac fir. Notary Public Gomm. 4- 1WM5 STATE OF ARIZONA ) County of Pima ) SS. The foregoing instrument was acknowledged before me on August 1�1 2011, by William Matthews, trustee for the MATTHEWS F Y MT, on beh f of the trust. (Seal) �r oiler ftft ura ►, Notary Public Comm 4-19W is STATE OF ARIZONA ) County of Pima ) ss. The foregoing instrument was acknowledged before me on August _&, 2011, by Janett Matthews, trustee for the MA TTHEWS FAM� UST, f Of the trust. (Seal) Notary Public oaaNa. +»s PDFCmvert.3950.1.PCZ-10016 Rancho de_Mafiana Rezoning -207 Waiver.DOC -2- CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2011.20 MATTHEWS INVESTMENT GRoup, L.L.C., an Arizona limited liability company, and MATTHEWS FAmmy TRUST (together, the "Owners ") own the three parcels of land collectively referred to in this instrument as the "Property, which is particularly described and depicted in Exhibit "A" attached to Marana Ordinance No. 2011.20 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ- 10016, filed on behalf of the Owners. The Owners hereby agree and consent 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 the Rezoning Ordinance, and waive any rights 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 Owners also consent 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. } 1 INDIVIDUAL ACKNOWLEDGMENT State /Commonwealth of I r l� ss. County of �� mt.- On this the dayof � �ce m b er J 1 ,before me, Z Month Year the undersigned Notary Public, Name af Nothry Public s personally appeared -,�' G Name(s) of Signer(s) ❑ personally known to me - OR — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she/they executed the same for the purposes therein stated. WITNESS my hand and official seal. -� -- %-AAA h:�� Signature of Notgry Public An Other Requtred Information Place Notary Seal /Stamp Above (Printed Name of Notary, Expiration Date, etc.) INFORMATION IN AREAS 1 -4 REQUIRED IN ARIZONA. OPTIONAL IN RIGHT RIGHT OTHER STATES. THUMBPRINT THUMBPRINT OF O Description of Any Attached Document I Top of thumb here Top of thumb here 1 Title or Type of Document: V vigil l u( of dollms O iz Document Date: v 3 Number of Pages: Signer(s) Other Than Named Above: © 2011 National Notary Association • NationalNotaryorg • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #25936