HomeMy WebLinkAboutOrdinance 2011.31 Rezoning to create the Cascada North specific plan I F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded By: JCC
DEPUTY RECORDER - P1
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SMARA � �� ORDIN 11/21/2011
TOWN OF MARANA 13:02
TOWN CLERK RlZO
MAIL
11555 W CIVIC CENTER DR AMOUNT PAID: $8.50
MARANA AZ 85653
MARANA ORDINANCE NO. 2011.31
RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE CASCADA
NORTH SPECIFIC PLAN
WHEREAS FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee
under Trust No. 60327 (the "Owner "), owns approximately 665 acres of property located east of
Interstate 10 on the north side of Twin Peaks Road within a portion of Sections 9, 10, 11, 14 and 15
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 October 26, 2011,
and at said meeting voted 6 -0, to recommend that the Town Council approve this rezoning; and
WHEREAS the Marana Mayor and Town Council held a public hearing on October 15, 2011
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. The zoning of Rezoning Area is hereby changed from `F' Specific Plan to `F'
Specific Plan creating the Cascada North Specific Plan.
SECTION 2. 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 applicable provisions of the Town's Codes, and Ordinances current at the
time of any subsequent development including, but not limited to, requirements for public
improvements.
2. The property owner(s) shall not cause any lot split of any kind unless approved by the Town of
Marana.
3. 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.
4. The developer shall submit a copy of the approved 404 permit upon receipt and prior to any site
disturbance.
5. 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 water improvement plans.
6. A sewer service agreement and master sewer plan must be submitted by the developer and
accepted by the entity responsible for wastewater management and the Town Engineer prior to
the approval of sewer plans.
Maram Ordinance No. 2011.31 - 1 -
7. The developer shall be responsible for any required roadway improvements based on the data
found in traffic studies that will be required during the platting or development stages of this
Specific Plan. (It is noted that the traffic study prepared in support of the Specific Plan found
that no more that 3000 residential units should be built in Cascada and Cascada North without
having the Lambert Lane extension to I -10 in place, as shown in the Town's Major Routes Plan.
The study found that with more than 3000 residential units built, along with the non - residential
parcels in the Cascada Specific Plan and Marana Spectrum, Cascada Boulevard and the Twin
Peaks Road /Cascada Boulevard intersection will operate at failing levels of service)
8. The developer shall dedicate, or cause to have dedicated, the necessary rights -of -way for Lambert
Lane, per the Town of Marana adopted Major Routes Right -of -Way plan.
9. Minor grammatical and technical changes as required by the Town of Marana may be made to
the Cascada North Specific Plan prior to Mayor and Council consideration of this rezoning
request.
10. The master developer shall submit an annual report within 30 days of the new calendar year after
of the Town Council's approval of the Specific Plan, in addition to those requirements listed in
the Land Development Code.
11. Upon adoption of the ordinance by the Mayor and Council approving the Cascada North Specific
Plan, the applicant shall provide the planning department with the following final editions ofthe
Cascada North Specific Plan: one non -bound original; fifteen bound copies; and, one digital copy
in Microsoft Word or other acceptable format, within sixty days of the adoption.
SECTION 3. 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 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 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
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 15 day of November, 2011.
;gy� �,�� Mayor E Hone
.♦. �OF coR FN
ATTEST: +� APPROVED AS TO FORM:
ocelyn C ronson, Town Clerk Fr ' Cas dy, Town At rney
Marana Ordinance No. 2011.31 -2-
LEGAL DESCRIPTION
EXHIBIT 'A"
The land referred to in this report is described as follows:
PARCEL NO. 1:
Block III, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County, Arizona
(216 -19 -5370)
PARCEL NO. 2:
Common Area D -1, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -16 -5780)
PARCEL NO. 3:
Block I, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County, Arizona
(216 -19 -5350)
PARCEL NO. 4:
Common Area A -1, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -19 -5570)
PARCEL NO. 5:
Common Area B -1, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -19 -5640)
PARCEL NO. 6:
Common Area B -2, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -19 -5650)
PARCEL NO. 7:
Common Area A -2, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -19 -5580)
PARCEL NO. 8:
Common Area B -3, CASCADA VILLAGE I, according to Book 64 of Maps, page 35, records of Pima County,
Arizona (216 -19 -5660)
PARCEL NO. 9:
That portion of Section 9, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, described as follows: Commencing at the interior one - quarter corner of the said Section 9;
Thence North 89 degrees 37 minutes 44 seconds East, along the East -West midsection line, a distance of 200.00
EXHIBIT "A'
(Continued)
feet to the POINT OF BEGINNING on a line 200.00 feet East of and parallel with the North -South midsection
line;
Thence South 00 degrees 10 minutes 57 seconds East, along the said parallel line, a distance of 200.00 feet to a
line 200.00 feet South of and parallel with the East -West midsection line;
Thence South 89 degrees 37 minutes 44 seconds West, along the said parallel line, a distance of 200.00 feet to
the North -South midsection line;
Thence South 00 degrees 10 minutes 57 seconds East, along the said line, a distance of 277.50 feet;
Thence North 89 degrees 37 minutes 44 seconds East, parallel with the East -West midsection line, a distance of
1,070.00 feet to the Southwesterly right -of -way of that roadway recorded in Docket 8096 at Page 1868, Pima
County Recorder's office, Pima County, Arizona;
Thence North 45 degrees 05 minutes 33 seconds West, along the said right -of -way, a distance of 1,046.12 feet to
a point of curvature of a tangent curve concave to the Southwest;
Thence Northwesterly along the said right -of -way, along the arc of said curve,to the left, having a radius of
1,325.00 feet and a central angle of 00 degrees 34 minutes 07 seconds for an arc distance of 175.03 feet to a
line 200.00 feet East of and parallel with the North -South midsection line;
Thence South 00 degrees 10 minutes 30 seconds East, along the said line a distance of 381.69 feet to the
POINT OF BEGINNING. (216- 18 -020E)
PARCEL NO. 10:
That portion of the Southeast one - quarter of Section 9 AND the Southwest one - quarter of the Southwest
one - quarter of Section 10, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, described as follows:
Beginning at the one - quarter corner common to said Sections 9 and 10;
Thence South 00 degrees 09 minutes 47 seconds East, along the common Section line, a distance of 1,320.28
feet to the Northwest corner of the said Southwest one - quarter ;
Thence North 89 degrees 55 minutes 47 seconds East, along the North line of the said Southwest one - quarter, a
distance of 1,330.49 feet to the Northeast corner;
Thence South 00 degrees 15 minutes 50 seconds East, along the East line of the said Southwest one - quarter, a
distance of 1,246.97 feet to a point on the arc of a non - tangent curve concave to the North, a radial line of said
curve through said point having a bearing of South 00 degrees 00 minutes 07 seconds West, said point being on
the Northerly right -of -way of that roadway recorded in Docket 8096 at page 1868;
Thence along the said right -of -way the following course and distances;
Westerly along the arc of said curve,to the right, having a radius of 1,425.00 feet and a central angle of 44
EXHIBIT "A"
(Continued)
degrees 54 minutes 20 seconds for an arc distance of 1,116.84 feet to a point of tangency;
North 45 degrees 05 minutes 33 seconds West, 1,621.90 feet;
North 44 degrees 54 minutes 27 seconds East, 483.04 feet to a point of curvature of a tangent curve concave to
the Northwest;
Northeasterly along the arc of said curve, to the left, having a radius of 1,875.00 feet and a central angle of 24
degrees 15 minutes 25 seconds for an arc distance of 793.81 feet to the North line of the said Southeast
one - quarter;
Thence North 89 degrees 37 minutes 44 seconds East, along the said North line, a distance of 47.10 feet to the
POINT OF BEGINNING. (216- 18 -020F)
PARCEL NO. 11:
That portion of the East one -half of Section 9, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, Pima County, Arizona, described as follow:
Commencing at the East one - quarter corner of the said Section 9;
Thence South 89 degrees 37 minutes 44 seconds West, along the East -West midsection line of the said Section
9, a distance of 208.84 feet to the POINT OF BEGINNING on the right -of -way line of that roadway described as
Parcel 4, recorded in Docket 8096 at Page 1868, Pima County Recorder's office, Pima County, Arizona;
Thence South 89 degrees 37 minutes 44 seconds West, along the said mid- section line, a distance of 1,100.01
feet to the Southeast corner of the Southwest one - quarter of the Northeast one - quarter;
Thence North 00 degrees 09 minutes 28 seconds West, along the East line of the said Southwest one - quarter, a
distance of 715.86 feet;
Thence South 89 degrees 37 minutes 44 seconds West, 909.06 feet;
Thence South 00 degrees 10 minutes 30 seconds East, 307.96 feet to a portion the arc of a non - tangent curve
concave to the Southwest, a radial line of said curve through said point having a bearing of North 42 °52'25" East,
said point being on the right -of -way line of the said roadway;
Thence Southeasterly along the arc of said curve, to the right, having a radius of 1,475.00 feet and a central
angle of 02 degrees 02 minutes 02 seconds for an arc distance of 52.36 feet to a point of tangency;
Thence South 45 degrees 05 minutes 03 seconds East, along the said right -of -way line, a distance of 1,779.39
feet to a angle point;
Thence North 44 degrees 54 minutes 27 seconds East, along the said right -of -way line, a distance of 483.04 feet
to a point of curvature of a tangent curve concave to the Northwest;
Thence Northeasterly along the arc of said curve, to the left, having a radius of 1,725.00 feet and central angle of
22 degrees 19 minutes 46 seconds for an arc distance of 672.27 feet to the POINT OF BEGINNING.
EXHIBIT "A"
(Continued)
The above Parcels being portions of Camino de Manana Estates in Book 27 of Maps and Plats at Page 77, in
Book 27 of Maps and Plats at Page 78 and in Book 27 of Maps and Plats at Page 79. (216- 17 -012G)
PARCEL NO. 12:
That portion of the Southwest quarter of the Northeast quarter of Section 9, Township 1 2 South, Range 12 East,
Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Southeast corner of the said Southwest quarter;
Thence North 00 degrees 09 minutes 28 seconds West, along the East line of the said Southwest quarter, a
distance of 715.86 feet to the POINT OF BEGINNING on a line 715.86 feet North of and parallel with the South
line of the said Southwest quarter;
Thence South 89 degrees 37 minutes 44 seconds West, along the said parallel line, a distance of 909.06 feet to a
line 400.00 feet East of and parallel with the West line of the said Southwest quarter;
Thence South 00 degrees10 minutes 30 seconds East, along the said parallel line, a distance of 307.96 feet to a
point on the arc of a non- tangent curve concave to the Southwest, a radial line of said curve through said point
having a bearing of North 42 degrees 52 minutes 25 seconds East, said point being on the Northeasterly
right -of -way of that roadway recorded in Docket 8096 at page 1868;
Thence Northwesterly along the said right -of -way, along the arc of said curve, to the left, having a radius of
1,475.00 feet and a central angle of 09 degrees 53 minutes 08 seconds for an arc distance of 254.49 feet to a
line 200.00 feet East of and parallel with the West line of the said Southwest quarter;
Thence North 00 degrees 10 minutes 30 seconds West, along the said parallel line, a distance of 752.38 feet to
the North line of the said Southwest quarter;
Thence North 89 degrees 34 minutes 19 seconds East, along the said North line, a distance of 1,109.24feet to
the Northeast corner of the said Southwest quarter;
Thence South 00 degrees 09 minutes 28 seconds East, along the East line of the said Southwest quarter, a
distance of 603.07 feet to the POINT OF BEGINNING. (216- 18 -020D)
F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded By: JCC
of PIM -
DEPUTY RECORDER SEQUENCE: 20113250232
305 NO. PAGES: 1
SMARA CA ��' CONSEN 11/21/2011
A V
TOWN OF MARANA 13:02
TOWN CLERK `9RIZU1`�Q' MAIL
11555 W CIVIC CENTER DR AMOUNT PAID: $8.00
MARANA AZ 85653
CONSENT TO CONDITIONS OF REZONING, WAIVER OF CLAIMS FOR
POSSIBLE DIMINUTION OF VALUE, AND INDEMNITY FOR CLAIMS FOR
POSSIBLE DIMINUTION OF VALUE RESULTING FROM
TOWN OF MARANA ORDINANCE No. 2011.
FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under
Trust No. 60327 (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. 20113 (the "Rezoning Ordinance ") and incorporated by this reference in this
instrument. The Property is the subject of Town of Marana rezoning case PCZ- 10035,
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 the Rezoning 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 /� day of November, 2011.
FIDELITY NATIONAL TITLE AGENCY,
INC., an Arizona corporation, as trustee
under Trust No. 60327
i h ''DEL': i 1` ATIONAL TITLE AGENCY, INC.
n Arizona orporation as TRUSTEE Under
RUST N d tin its
By:
M
Its Trust Officer
STATE OF ARIZONA )
County of Pima ss.
)
The foregoing instrument was acknowledged before me on November � 2011,
by Martha Hill, the Trust Officer of FIDELITY NATIONAL TITLE AGENCY, INC., an
Arizona corpora a trustee un der Trust No. 60327.
e tip, OFFICIAL SEAL, m
SHERRY G. SOURIS -
N NOTARY PUBLIC-ARIZONA
PIMA OC UNT I N tary Public
*' my Comm. Exp. Nov. 15, 2012. ,
Cascada North Specific Plan - Prop 207 Waiver 11/4/20112:27 PM