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Home My WebLink AboutOrdinance 2013.020 rezoning land near Sandario and Barnett RoadsT� P T �: F. ANN RODRIGUEZ, RECORDER Recorded By: JNC DEPUTY RECORDER 4917 ` SMARA TOWN OF MARANA PICKUP $7.00 � �IM .'`�, 9 � � W � ��'� � � ` �N \ � °l � � � �1IZ01`Z � II�III IIIII (�III (IIII IIII) (I'�I IIIII IIIII IIIII (IIII III�I IIIII IIII III) SEQUENCE: NO. PAGES: ORDIN PICK UP AMOUNT PAID: 20132350125 4 08/23/2013 10:54 MARANA ORDINANCE NO. 2013.020 RELATING TO DEVELOPMENT; AMENDING MARANA ORDINANCE NO. 2001.16, REZONING APPROXIMATELY 44 ACRES OF LAND AT THE NORTHWEST CORNER OF SANDARIO AND BARNETT ROADS FROM "ZONE A" TO "R-6," BY REVISING THE CONDITIONS OF REZONING TO CONFORM TO INTERVENING TOWN ACTIONS, CURRENT TOWN POLICIES, AND CURRENT ARIZONA LAW WHEREAS the Mayor and Council adopted Marana Ordinance No. 2001.16 on November 20, 2001, rezoning approximately 44 acres of land at the northwest corner of Sandario and Barnett Roads from "Zone A" to "R-6;" and, WHEREAS the Town Attorney has advised that condition of rezoning number 2 of Marana Ordinance No. 2001.16, which calls for automatic reversion, is inconsistent with the procedures mandated by A.R.S. § 9-462.01 (E); and WHEREAS no notice and public hearing were provided with respect to any reversion of this rezoning as required by A.R.S. § 9-462.01 (E), so there has been no reversion of this rezoning; and WHEREAS the conditions of rezoning numbers 3, 4, 5, 6, 8, 10, 11, 14, 15, and 16 set forth in Marana Ordinance No. 2001.16 include provisions inconsistent with Town of Marana actions that have occurred in the intervening years and current Town of Marana policies; and WHEREAS this ordinance makes other revisions to the conditions of rezoning to conform to current Town of Marana policies and standard conditions; and WHEREAS the Mayor and Council find that these condition modifications are insubstantial enough not to require or benefit from Planning Commission consideration, and that this ordinance is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Ordinance No. 2001.16 is hereby amended by revising the conditions of rezoning as follows (with deletions shown with s�r-�1€ee�s and additions shown with double underlinin�): 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, and the Northwest Marana Area Plan current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. �'i.,. . . „i • a � �i., �. �i, ,� + � �r r_ ,.; i ., _ µ� zrir.rz�s=v'criitrrvrcrs `;'cur��rvrrrcna o �ircv ai=��.. .,t,�,:.�, � h ., ;.ao.a �1,.,� ;� 41,0 .70 01., o,. � ;1� �., 1,� ,�l�t r ..�,..70� « �„ +t,o 41,,.00 � --- .. „ _ ..o � o ,.«,., ., «.� ..,� �-. -"-- ------ -- --= -"—r-"- ----= -- " . - - •. • . Ordinance No. 2013.020 - 1- 8/8/2013 1126 AM BV FJC *'�° 'T'� r� Deleted 3. The Developer shall dedicate Sandario to a maximum of 45-foot half-width right-of-way and a 60-foot full width ri�ht-of-wav to nrovide for the extension of Bill Gaudette Drive. ��,z� °�, ^ ��c-e�� 'e�n T�,.,,,�,_ T,� +�,o 0 0„+ �er-t�ic,��=��The develoner shall convev the subiect right-of-wav unon demand bv the Town or bv nlat. � 4 . T2��Z��o' i� n v��n��v 4�o�v n�nro �� 4�0 ��v� �+�n� �v�n�i� 7 iv�n� � � GII�+�i12�N11t—��i'��*T.—ZTTv��.7�� 4 r��-r }�� n �� lIIril"��P� �%Pi'` n n CS'CL CT[1T �9�2E�3-��T-A�E'E�-��i�c'l�-��A'�2i�2��3-�6i' �2L rr,, •••°• � • ; � � �;��e�e ^„�� v"�' �t'�°n�r Deleted The Developer shall provide�—�a to the �e�=ek�nex�� i��er-'s Town En�ineer's satisfaction, the necessary off site roadway dedications and improvements as deemed necessary by the �e�'s n�,o�,,,.,,..or+ coM,;,.o� n a,,..;,,;��,.,,�,.,. plannin� Director and Town Engineer to support the proposed development of the site. . �- � „ � „ • � . ,� . . „ „ • �- - -� 7. A water service agreement and master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the first preliminary plat, by the Town Council. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by the Utilities Director and the Town Engineer prior to the approval of the first preliminary plat by the Town Council. 9. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are 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. Ordinance No. 2013.020 - 2- 8/8/2013 11:26 AM BV FJC 10. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall ��e�}te-��e�=ek�ne�t�4g�ee�e��*�t�,��_ "�-reimburse the Town for this project's proportionate share for the cost of construction of the Lower Santa Cruz River L �evee. 11. The Developer shall develop an irrigation system, dedicated to the Town, to distribute irrigation water to all ��-common area and onen snace containing landscanin� within this development as directed bv the Marana Utilities Debartment 12. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 13. Prior to Town Council review the applicant shall address the comments of the Cortaro-Marana Irrigation District to their satisfaction and provide staff with written clearance. 14. ��,o T,,..,,.. „+„ „ ,.,� „�., �;,,.,� D�.,� Deleted ," 15. �s� Deleted 16. The perimeter subdivision wall along the Sandario Road frontage, �� *'�° ��•*'�°� �° r* *^ R°�°*+ �'^°�', shall consist of a minimum six (6) foot high decorative block wall;. 17. The plant materials within the minimum 10-foot bufferyard along the Sandario frontage from the southern access point to Barnett Road shall be planted with a minimum of six (6) trees (50% 24-inch box or greater), twelve (12) shrubs, and fifteen (15) - 1 gallon ground cover / accent plants per one thousand (1,000) square feet of area;. 18. Potential buyers shall be notified that Yoem Pueblo, a cultural resource is located across Sandario Road and contains sacred grounds that have active Tribal ceremonies on an ongoing bas�basis. 19. No vehicular access shall be permitted from Sandario Road closer than 700-feet north of Barnett Road, this includes the �6001inear feet �€ of Pascua Yaqui frontage plus an additional separation. 20. An avi�ation easement shall be recorded for this nrobertv nrior to abbroval of the final nlat. 21. The Develoner shall bav an in lieu fee of $16,820 as the Develober's fair-share contribution for the construction of a multi-use path or sidewalk within the Sandario Road right-of-wav alon� the east boundarv of the bronertv, bavable u on the Town's reauest or at the time of blattin�. whichever occurs first. Ordinance No. 2013.020 - 3- 8/8/2013 1126 AM BV FJC SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on September 20, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of August, ATTEST: �� .� �� .; i , I/I�I'� s!"�. � , - I : . . . �► . �. , /� , �� -� ., M RAI�A J ;�.�.��.• a.t�.�. `�RtZC7N�° Ordinance No. 2013.020 - 4- 8/8/2013 1126 AM BV FJC APPROV�D AS TO FORM: