HomeMy WebLinkAboutOrdinance 2014.003 rezoning for Twin Peaks Vista Specific PlanM
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F. ANN RODRIGUEZ, RECORDER
l�ecorded By: Jp,F ,
SMARA
TOWN OF MARANA
PICKUP
DEPUTY RECORDER
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AMOUNT PAID:
20140620660
6
03/03/2014
16:12
MARANA ORDINANCE NO. 2014.003
$7.50
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 26
ACRES OF LAND LOCATED WEST OF TWIN PEAKS ROAD, SOUTH OF POTVIN LANE,
AND EAST OF DECKER DRIVE FROM `R-36' (RESIDENTIAL) TO `F' (SPECIFIC PLAN)
FOR THE PURPOSE OF CREATING THE TW1N PEAKS VISTA SPECIFIC PLAN AND
APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS Richard and Trudy Neter (the "Property Owners") own approximately 26
acres of property located west of Twin Peaks Road, south of Potvin Lane, and east of Decker
Drive within a portion of Section 11, 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 Property Owners have submitted an application to rezone the 26 acres
from `R-36' (Residential) to `F' (Specific Plan) ("this Rezoning"); and
WHEREAS the Marana Pranning Commission held a public hearing on October 30, 2013
and voted 6-1 to continue this Rezoning until the Commission had the opportunity to hear a
presentation regarding the Twin Peaks corridor study; and
WHEREAS the Marana Planning Commission held another public hearing on
January 29, 2014 and voted 6-1 to recommend that the Town Council approve this Rezoning
with an amendment to eliminate Lot 1 and Lot 28 from the plan; and
WHEREAS the Marana Mayor and Town Council held a public hearing on February 18,
2014 and determined that this Rezoning should be approved, with the elimination of Lot 1 and
Lot 28 as recommended by the Marana Planning Commission.
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 `R-36' (Residential) to
`F' (Specific Plan) creating the Twin Peaks Vista Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Low Density Residential (LDR) to Master
Planning Area (MPA).
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):
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Marana Ordinance No. 2014.003 - 1- 2/20/2014 2:07 PM JR/BV/FJC
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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 developer shall submit a Traffic Statement to the Town when a subdivision plat is
submitted for any portion of the Rezoning Area.
3. The Twin Peaks Vista Specific Plan requires the developer of the Rezoning Area to construct
the Potvin Lane connection to Twin Peaks Road. If a traffic signal has been constructed by
others at the Twin Peaks/Camino de Manana intersection before the developer of the
Rezoning Area constructs the Potvin Lane connection to Twin Peaks Road, the developer of
the Rezoning Area shall construct or acquire and install all required traffic signal equipment
and shall provide a new traffic signal phasing/timing plan to accommodate the Potvin Lane
approach of the intersection.
4. A drainage report must be submitted by the Developer and accepted by the Town Engineer
prior to Town approval of the preliminary plat.
5. The preliminary plat shall be in substantial conformance with the Land Use Concept Plan of
Twin Peaks Vista Specific Plan.
6. The maximum number of residential units for the project shall not exceed 58. The developer
shall elir�inate Lots 1 and 28 as depicted in the "Land Use Concept (Tentative Development
Plan)" attached as Exhibit T to the Twin Peaks Vista Specific Plan document as presented to
Council and included in the Council's February 18, 2014 agenda materials.
7. Lots 2 through 6, 26, 27, and 29 through 35 as depicted in the "Land Use Concept (Tentative
Development Plan)" attached as Exhibit T to the Twin Peaks Vista Specific Plan document
as presented to Council and included in the Council's February 18, 2014 agenda materials
shall be limited to single-story residences not to exceed 25 feet in height.
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, the Property Owners, or the
developer 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. The property is within the intended water service area of the Town. Prior to approval of the
preliminary plat, the developer shall submit a Water Infrastructure and Phasing Plan (WIP),
identifying water use, fire flow requirements, and all major on-site and off-site water
facilities needed to serve the development including, but not limited to, well source,
reservoir, and booster station infrastructure. This plan will be the basis for a Water Service
Agreement for the proj ect.
10. The Property Owners 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 the Rezoning Area. If
Type I or Type II is needed on the Rezoning Area, the Town and developer/Property Owners
`[Town Attorney's note: Revised per the February 18, 2014 Town Council action approving this ardinance.]
{00036986.DOCX / 2}
Marana Ordinance No. 2014.003 - 2- 2/20/2014 2:07 PM JR/BV/FJC
shall arrive at an agreeable solution to the use of those water rights appurtenant to the
affected portion of the Rezoning Area.
11. A sewer service agreement and master sewer plan shall be submitted by the developer and
accepted by the wastewater provider prior to the approval of any final plat or development
plan.
12. Development within the Rezoning Area shall conform to and comply with design standards
adopted by the Town Council that are applicable to future development along the Twin Peaks
corridor.
13. Before the Town issues grading permits for this project, the developer shall submit evidence
to the Town that all federal permit requirements have been met through the Corps of
Engineers and the State Historic Preservation Office.
14. Before the Town issues grading permits for this project, the developer shall submit evidence
to the Town that a 100 percent area survey has been completed by a qualified wildlife
biologist for the Sonoran Desert Tortoise. Any Sonoran Desert Tortoises found on the site
shall be relocated at the developer's expense.
15. Upon adoption of the rezoning ordinance by the Mayor and Council approving the Twin
Peaks Vista Specific Plan, the applicant shall provide the Planning Department with the
following: One non-bound original; twelve bound copies; and, ten electronic copies on CD in
PDF format.
Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Maxana 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 18�' day of February, 2014.
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{00036986.DOCX / 2}
Marana Ordinance No. 2014.003
- 3- 2/20/2014 2:07 PM JR/BV/FJC
FEBRUARY 10, 2014
WLB No. 110047-B-001
W:tLEGALS11104471LEGAL DESC FOR REZONING1TWiN PEAKS V(STA LEGAL.doc
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EXHlBIT A
l.EGAL DESCRfPTlON FOR 7WtN PEAKS V[STA
A portion of the Northeast 4ne Quarter (NE1/4) of fhe Southeast One Quarter (SE1/4) of
Section 1'[�, TownsFtip 12 South, Range 12 East, Gila and Salt River Meridian, Pima County,
Arizona, said portion being described as foilows;
CQMMENCtNG at the East One Quarter (E114} c�mer of said Section '{ 1, fram which #he
Soufheast corner of the Northeast One Quarter (NE '(14) of the Southeast Quarter (SE1/4} of
said Section 11 bears S 02°02'18" E a distance of 1344.4� feet;
THENCE S 02°02'18" E, along the East line of said Southeast Quarter, a disfi�nce of 30.OS feet;
THENCE S 89°4p'14" 1N a distance of 75.03 feet to a point on the Westerly right-af-way tine of
Twin Peaks Road, said road described in Docket 11616 at Page 263 in me o�ce of the Pima
County, Arizona Recorder, said point being the TRUE POIIdT O� BEGtNNfNG;
THENCE S 02°02'18" E along said Westerly right-of-way (ine, a distance of 487.74 feet to the
beginning of a curve, cancave to the Narthwest, having a radius of 880.00 feet;
THENCE Southwes#eriy afong said curve, through a centra! angle of 66°25'43", a distance of
1020.27 feet to a point of non-fangency, a radial line passing through said point bears S
25°36'35" E� said poin# alsa being or� the Snuth iine of the South One Half (S 1t2) af the
N�rtheast One Quarter (NE1/4) of Sautheast Quarter (SE1/4} of said Section 11;
THENCE N 89°55'03" W alang said Sauth iine, a distance of 671.17 feet to a point on the
Easferly right-of-way iine of aedcer Drive, said Decker Drive sstabiished in proceeding number
2806 and recorded in Qocket 94Q6 at Page 1021 in said Recorders Qffice;
THENCE N 41°21'03" W along said Easteriy right-of-way line, a distance of 666.93 feet to a
point on the North line of the South One Half (S1/2) of the Northeast 4ne Quarter (NE114) af
Southeast Quarter {SE'1/4} of said Se�tion 11;
THENCE N 89°51'23" E along said North fine, a distance of 603.44 feet to the Southwest comer
of fhe Northeast One Quarter (NE114) of #he Northeast One Quarter (NE114} af the Soufiheast
One Quarter (SE1/4) of said Section 11;
THENCE N 01°42'19" W along the West iine of said Nartheast One Quarter (NE1/4} of the
Northeast One Quarter (NE1i4) of the Southeast �ne Quarter (SE1/4} of said Sec#ion 11, a
distance of 639.98 feet ta a point on a 4ine 30.00 feet Southeriy and parallei with the North fine
Page 1 af 2
. FEBRUARY 90, 20'f4
WLB Na. 110047-B-001
W:ILEGAE.S11100471LEGAl. DESC FOR REZONtNG\TWtN PEAKS VISTA LEGAL.doc
of said Northeast One Quarter (NE1/4) of the Northeast �ne Quarter (NE1I4) of the Southeast
4ne Quarter (SEi/4j of said Section 91;
THENCE N 89°40'14" E alang said para(lei 1ine, a distance of 584.24 f�et to the TRUE POINT
OF BEGlNNING.
Containing 1,�51,381 square feet or 24.14 acres more or less.
Pre�ared by:
THE WLB GROUP, INC.
Peter D. Cote, RLS 44129
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EXPIRES 3-31-2015
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EXH�BIT TO AC�'OMPANY DE,SCRIPTl'ON aF
PARCE�L �F LAND
Tyf'I1V �'EAKS VISTA
SECTION 11 T. 12 S., R. 12 E., G.S.R.M.,
PfMA C'OUN?'Y, ARIZONA
WLB No. 110447–B001-1003
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