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Home My WebLink AboutOrdinance 2006.30 Rezoning for Ironwood Acres Estates I DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12936 2383 4 20062250487 11/22/2006 16:43 F. ANN RODRIGUEZ, RECORDER R~CORDED BY: CKB . DEPUTY RECORDER 8046 PEl MAIL AMOUNT PAID SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN $ 8.00 MARANA ORDINANCE NO. 2006.30 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR IRONWOOD ACRES EST A TES. WHEREAS, Planning Resources represents the property owner of approximately 78.94 acres of land generally located on the south side of Tangerine Road, approximately 1.8 miles east of Interstate 10 in Section 4, Township 12 South, Range 12 East; and, WHEREAS, the Marana Planning Commission held a public hearing on October 4,2006, and at said meeting voted 6-0 (Commissioner Dailey excused) to recommend that the Town Council approve said rezoning; and, WHEREAS, the Marana Town Council heard from representatives ofthe owner, staff and members of the public at the regular Town Council meeting held November 21, 2006, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1. The rezoning of approximately 78.94 acres ofland generally located on the south side of Tangerine Road, approximately 1.8 miles east of Interstate 10 as described in Exhibit A complies with the General Plan. Section 2. The rezoning area is hereby changed from "C" (Large Lot Zone) to "R-80" (Single Family Residential 80,000 square foot minimum lot size) on the 78.94 acres ofland approximately 1.8 miles east ofInterstate 10. Section 3. The intent of the rezoning is to allow for the development of a 35 lot residential subdivision. 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. The property owner shall comply with all provisions of the Town codes and ordinances current at the time of development, including, but not limited to, requirements for public improvements. 2. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or landowner 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 appropriate expert and or consult with federal and state {00002993.DOC /2} Marana Ordinance No. 2006.30 Page 1 of3 j ~~~~: IC" ,~~ '":~ ~3 [~l :~;~~ :~~t i~3 ::~~ j agencies to determine any action necessary to assure compliance with applicable laws and regulations. 3. The owners shall limit the overall disturbance of the site including all access roads, septic tanks and leach fields to a combined total of not more than 30 percent. 4. A resource protection plan shall be developed to manage all open space areas and undeveloped residential area and submitted with the application for preliminary plat. 5. The developer shall dedicate, or cause to have dedicated, 150 feet of new right-of-way along Tangerine Road running the entire length of the north portion of the property upon request by the Town of Marana. 6. The developer shall dedicate, or cause to have dedicated the area designated on the Tentative Development Plan as the "Future Town Well Site" upon request by the Town of Marana. 7. A water service agreement is required with Marana Water prior to approval of water plans and final plat. 8. The developer shall be responsible for the design and construction of a deceleration lane and acceleration lane on Tangerine Road at each access to this project, subject to design approval by the Town of Marana. 9. Before a building permit is issued for any structure on the property, the developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort have the property annexed into a fire district or otherwise provide for fire protection service. 10. Lots shall be limited to a maximum grading disturbance of 18,000 square feet including driveways, access roads, septic tanks and leach fields. During the platting process a restrictive covenant in a form acceptable to the Town Attorney shall be recorded against the property to protect the natural open space outside of the 18,000 square foot grading area. 11. The applicant shall consult with the Coalition for Sonoran Desert Protections (CSDP) as a part of any reconfiguration of envelopes and/or lots that change the drainage flows and/or impact the riparian habitat areas during the platting process. 12. Fencing is prohibited outside of the allowable graded areas. 13. Roadway culverts shall be elevated to facilitate small-species wildlife crossing, as accepted by the Town of Marana. 14. Private streets shall be designed to Town of Marana standards and, to the extent permitted by Town standards and approved by the Town Engineer, shall include speed humps or other features that reduce vehicle speeds and/or reduce wildlife road-kill. 15. To transition between this development and the adjacent lower-density Arizona State Trust Land, the applicant shall increase the buffer to Arizona State Trust Land by setting back the grading limits to the extent feasible on the lots that border the Arizona State Trust land on the southern and eastern boundaries of the property. 16. Locations of future access to Arizona State Trust Land to the south and east may be established by subdivision plat or other recorded instrument but shall not be improved unless and until the Town Engineer and Planning Director reasonably determine that access improvements are {00002993.DOC / 2} Marana Ordinance No. 2006.30 Page 2 of3 t Il'i"M ,lit::: ~:! ",'5 n""'" "::~p ~;l ,r') :~:. ,j :r~j ~~ needed to serve State Land Commissioner-authorized development or use of the Arizona State Trust Land. 17. As a part of the subdivision infrastructure for the property, developer shall construct a sewer with house connection services installed to each individual lot, for future connection to an offsite sewer. 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 Ordinance No. 2006.30. 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 ADQ" ,"~\"\\i~~~>>ayor and Council of the Town of Marana, Arizona, this 21 sl day of November . ,...1(,\~'1!m"fl;.A,)~~ , ..... 0 ~. .~f'i1'1r ~ ::: J-:.:5 CORPORATE ~ ')7 ~ aw.. ::: 000 ~ .. ATTEST - - .ny,1 ,\,; 11" -. - : ~ i~ .~~, -~ .... ~ ~ '';: ~ ~~. 'S 'S; ;i"'.': matt', .,,~ '\ q&~~, -h,;' Mayor Ed Honea APPROV D AS TO FORM: ~ {00002993.DOC / 2} Marana Ordinance No. 2006.30 Page 3 of3 :1 :\""11 ,t, ~S;~ :~~~ ~:J i~~ :~~~ :~lt ~~::~ ~;l 06/21/2005 16:42 FAX 520 885 2309 ESCROW l4J 011/011 COMMONWEALTH LAND TITLE INSURANCE COMPANY Exhibit A to Marana Ordinance No. 2006.30 Parcell: 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 aod Salt River Base aod Meridian, Pima County, Arizona; EXCEPT the North 50 feet of said Lot 4. Parcel 2: The East Half of Lot 4 aod the East Half of the Southwest Quarter of the Northwest Quarter of Section 4, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the North SO feet of said Lot 4. AL T A Commitment Schedule B . Section 2 j w~ ,"" ~j '~4'!t ,"":Ii .:::' Cl ~I '"I :~ ,.:$ :~t ij~l