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HomeMy WebLinkAboutOrdinance 2012.05 Rezoning for Tortolita Shadows and creating the Tortolita Shadows specific planMARANA ORDINANCE NO. 2012.05 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 278 ACRES LOCATED NORTHEAST OF I-10 APPRO�MATELY 1.2 MII,ES NORTHWEST OF THE I- l OITAN�'rERINE ROAD INTERCHANGE FROM `E' (TRANSPQRTATION CORRIDOR ZONE} TO `F' {SPECIFIC PLAN), CREATING TI� TORT4LITA SHADOWS SPECIFIC PLAN, AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN WI�REAS TE� PROPER'TIES Itvc., an Arizona corporation, owns approximately 278 acres of property located at the Moore Road alignment northeast of I-10 appro�mately 1.2 miles northwest af the I-1QITangerine Road interchange within a portion of SectiQn 25, Tawnship 11 South, Range 11 East, as described on E�ibit "A" attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WI-�REAS the Marana Planning Commission held a public hearing on Apri125, 2012, and voted unanimously 5-0 to recammend that the Town Council approve this rezaning; and WHEREAS the Marana Mayor and Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held July 17, 2012, and deternuned that the rezoning should be approved. NOW, THEREFORE, BE IT QRDAINED by the Mayor and Council ofthe Tawn afMarana, Arizona, as follows: Sectian l. A minor amendment to the General Plan is hereby approved for the Rezoning Area, changing its General Plan designation from Commercial (C) and Medium Density Residential(MDR) to Master Plan Area (MPA}. Section 2. The zaning of the Rezoning Area is hereby changed from `E' (Transportation Corridor Zone) to `F' (Specific Plan) creating the Tartolita Shadows Specific Plan. Section 3. This rezaning is subject to the fallowing conditions, the violatian ofwhich shall be treated in the same manner as a violation of the Town of Marana Land Development Code {but which sha11 not cause a reversion of this rezoning Ordinance): 1. Compliance with a11 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 will be required to process subdivision plats, development plans, landscape plans, Native Plant Permits, and all associated improvement plans through the Tawn af Marana. MazanaOrdinanceNo.2012.05 - 1 - 7/11/2pi211:26AMBV/FC 3. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Adonis Road and Moare Road with the recording of the final block plat or witlun b0 days of demand by the Town. 4. The following conditions pertain to the design and canstruction of transportatic�n impravements, which sha11 be the responsibility of the develaper. a. The design and construction of Adonis RQad to the Town's four lane arterial roadway standard alang the entire frontage ofthe project. (As indicated in the Specific Plan document, Adonis Road shall have been built by others (or this developer) to connect with Cochie Canyon Trail to the north and Tangerine Road ta the south prior to or concurrent with the development af the first phase af this project. b. The design and construction of traffic signals at each of the two loop raad intersections with Adonis Road (as shown on the Circulation Concept exhibit in the Specific Plan) when found warranted by traffic studies. c. Any other roadway ar traffic control improvements found warranted based on the data and findings of additional traffic studies that sha11 be prepared at the platting or development plan review stages of this project. 5. Public vehicular and utility access thraugh Tortolita Shadaws to the adjacent portian afthe Mary DeConcini Trust property (parcels 217-33-OOlE and 217-33-OO1F) shall be dedicated when a subdivision plat is recorded or a development plan is approved for Tortolita Shadows Parcel b, '7, or 9. No building permits shall be issued for any construction within Parcels 6, 7 or 9 of Tortolita Shadows unless and until the dedicatian of public vehicular and utility access is provided to the adjacent Mary DeConcini Trust property. 6. A master drainage study must be submitted by the Developer and accepted by the Town Engineer prior to Town approval of any preliminary plat or develapment plan. 7. The owner or developer of Tortolita Shadows shall dedicate to the Town of Marana a minimum 35-foot wide drainage easement along the south boundary ofthe Rezoning Area to complement the 35-foot wide drainage easement to be dedicated by the awner or developer of the adjacent Mandarina property. The owner or developer of both properties sha11 share equally in the cost to construct and maintain a joint use drainage channel and easement area between the two developments. The easement sha11 be dedicated within 60 days of demand by the Town af Marana. 8. The developer shall dedicate to the Town of Marana, at minimum, a 170-foot wide dra.inage easement to be lacated adjacent to the Union Pacific Railroad ta accommodate the Tangerine Road Traffic Interchange drainage outflow to the Barnett Channel. If the Town deterniines based on additional drainage studies that an easement of this width is insufficient, the owner or developer shall dedicate the width necessaxy to accommodate the future drainage improvements. The easement sha11 be dedicated within 60 days of demand by the Town of Marana. 9. This project is located within the Northwest Marana Transportation and Marana Park Benefit Areas, and will be subject ta those fees at time of building permitting of each residential structure. 10. The property owner sha11 not cause any lot split af any kind without the written consent of the Town of Marana. 11. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulatian or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and re,gulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies shauld be consulted to determine any action necessary to assure compliance with applicable laws and regulations, Mazana Ordinance No. 2012.05 - 2- 7J1112012 11:26 AM BViFC compliance with applicable laws and regulations, 12. The maximum allowable residential units for the project shall not exceed 1,788. 13. The property owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to said property. If Type I or Type II is 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. 14. The property is within the intended water service area of the Town. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Marana Utilities Director prior to the approval of the initial final plat by the Town Council. 15. Installation of a non-potable water system may be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. The Town or its designated provider shall provide water for such a system. 16. 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 any final plat or development plan. 17. [Deleted by Council motion.] 18. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Tortolita Shadows Specific Plan in accordance with the requirements defined in the Land Development Code and Specific Plan. 19. Within 60 days of adoption of the Rezoning Ordinance by the Mayor and Council approving the Tortolita Shadows Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Tortolita Shadows Specific Plan: one non-bound original; 40 bound copies; and one electronic copy on CD in Microsoft Word or other acceptable format. 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. Mazana Ordinance No. 2(�2.05 - 3- 7/11/2012 1126 AMBV/FC Section 6. If any section, subsection, sentence, clause, phrase or partian of this Ordinance is for any reason held to be invalid or uncanstitutional by the decision of any caurt of competent jurisdictian, such decisian shall nat affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor Arizona, this 17th day of July, 2012. and Town Council of the Town of Marana, � Mayor E Honea ATTEST: celyn C ronson, Town Clerk Marana th�dinance No. 2012.05 - 4- 7/11/2012 11:26 AM BV/FC E�HHIBIT A P�cel 1: Tl�� �est H�lf t�f th� �c�theast Quart�r af S�cti�n �5, Tovsrnship 1 t South, �.an�e 1 l East, Gita and �att Riuer Bas� and I�feridian. 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