Loading...
HomeMy WebLinkAbout11/21/2006 Blue Sheet Ironwood Acres Estates Rezoning TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 21, 2006 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2006.30: Relating to Development; approving and authorizing a rezoning for Ironwood Acres Estates. DISCUSSION Plannine: Commission Hearine: The Planning Commission conducted a public hearing for this case on October 4, 2006, during which, no property owners or citizens appeared before the Commission. The Planning Commission voted 6-0 (Commissioner Dailey absent) recommending approval to the Town Council. Summary of Application Planning Resources, on behalf of Stonehaven Development L.L.C., requests approval for a rezoning of 78.94 acres (Assessor's parcel numbers 216-07-001A and 216-07-001B) to develop a 35-lot residential subdivision. This site is generally located on the south side of Tangerine Road, approximately 1.8 miles east ofInterstate 10, and directly east of Hayden Concrete. Rezonine: Reauest The applicant proposes a change of zoning from "C" (Large Lot Zone) to "R-80" (Single Family Residential 80,000 square foot minimum lot size). The surrounding zoning is as follows: north- AG (Agriculture, 5-acre minimum); east-C (Large lot, 25-acre minimum); south-C; west-C and HI (Heavy Industrial). The land to the north, east, and south ofthe site are owned by the Arizona State Land Trust; the remainder is under private ownership. The tentative development plan (TDP) calls for a 35-lot residential subdivision with a maximum 30% site disturbance, consistent with other rezonings in the northeastern section of Marana that range from 18-50% site disturbance. The applicant will prepare a resource protection plan for submittal with the application for preliminary plat. Resource protection wi1llikely take the form of conservation easements on individual lots. Per the Land Development Code, R-80 zoning requires a 40- foot building setback. If this rezoning is approved future development of the vacant industrial zoned land to the west of the project will require a 25-foot minimum landscape buffer to separate that development from residential. The TDP is substantially compliant with the Marana Land Development Code. 112106 PCZ-06028 Ironwood Acres Estates Rezoning TC Transportation and Access The project will have one internal local street connecting with Tangerine Road and emergency access to Tangerine from a parallel street to the east. The internal road network depicts connections to future development at the southern and eastern edges of the project. The private streets will be designed to Town of Marana street standards. The Major Routes Rights-of-Way Plan designates Tangerine Road as requiring a total right-of- way of 350-400 feet. During the review of this proposed rezoning, the Town of Marana requested an additional 150 feet of right-of-way from the owners to complete the required 350- 400 feet of right-of-way necessary for the future improvements to Tangerine Road. Infrastructure The proposed development will be served by TRICO Electric and individual septic systems. The closest sewer line connection lies approximately 1,350 feet to the east of the subject property. When a public sewer line connection within 200 feet becomes available, the development must connect to the public sewer service within one year per Pima County Wastewater regulations. Potable water will be provided by Marana Water; a water service agreement is required prior to final plat approval. Environmental Resources and Protection The site has approximately 10% vegetative density. The vegetation is characteristic of the Palo Verde Mixed Cactus Forest of the Arizona Upland Sonoran Desertscrub Biotic Community. When this application for rezoning was submitted, the cactus ferruginous pygmy-owl remained identified for special status species on the endangered species list. Consequently, the applicant consulted with the Arizona Game and Fish Department to prepare a tentative site plan that would offer habitat protection. The applicant also conducted an owl survey in 2005; no owls were detected within or near the project. Surveys conducted in 2001,2002 and 2003 detected no owls as well. The TDP depicts a lot layout that attempts to maximize storm water conveyance across the site. Clustered lots, which often provide more efficient resource protection, would not improve either vegetative protection or natural drainage. Further, because sewer is not available to the site, cluster development is not feasible. Finally, the R-80 zoning district does not provide a cluster option; the Land Development Code does not provide for cluster development except through a specific plan. Marana General Plan The General Plan depicts this property straddling Industrial/General (IG) and Medium Density Residential (MDR) land use designations. Because the General Plan is not parcel specific the subject property could be considered for either land use designation without a general plan amendment. The land north of the site is designated Rural Density Residential (RDR); the adjacent land to the east is designated MDR; to the south is Low Density Residential (LDR); and to the west is designated IG-Industrial General. The proposed zoning is consistent with the General Plan. 112106 PCZ-06028 Ironwood Acres Estates Rezoning TC Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. Notification letters were sent to all owners of properties within 300 feet of the site. No formal neighborhood meeting was held; however, the applicant has had contact with individual owners. Since the Planning Commission meeting staff has received one comment letter from the Coalition for Sonoran Desert Protection, a copy of which was enclosed in the November th packet materials and is enclosed with this report. A copy of the letter was also provided to the applicant. ATTACHMENTS Location map, tentative development plan and comment letter. The complete site analysis was previously distributed with the November 7th packet materials. RECOMMENDATION Staff recommends conditional approval of the Ironwood Acres Estates rezoning. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan and finds this rezoning as conditioned is in conformance with all required development regulations. RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all 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. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or land owner 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 agencies to determine any action necessary to assure compliance with applicable laws and regulations. 3. The owners shall limit the overall disturbance ofthe 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 undisturbed land 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. 112106 PCz.-06028 Ironwood Acres Estates Rezoning TC 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 Mar ana. 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 to have the property annexed into a fire district or otherwise provide for fire protection service. SUGGESTED MOTION I move to adopt Ordinance No. 2006.30, Ironwood Acres Estates Rezoning, subject to the recommended conditions. 112106 PCZ-06028 Ironwood Acres Estates Rezoning TC MARANA ORDINANCE NO. 2006.30 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR IRONWOOD ACRES ESTATES. 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 of the 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 of the 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 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 of Interstate 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 ofthe 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 Marana Ordinance No. 2006.30 Page 1 of2 federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 3. The owners shall limit the overall disturbance ofthe 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 ofthe 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. 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 ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this 21 st day of November, 2006. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2006.30 Page 2 of2 ~--~ MARANA ~/ 1" TOWN OF MARANA Ironwood Acres Estates Rezoning CASE NO. PCZ-06028 Arizona State Trust Land I Federal land I W TANGERINE RD Arizona State Trust Land Undeveloped Vacant Private Ownership 500 0 ~-- 500 Feet I N A Data Disclaimer The Town of Marana provides this map information "As Is'. at the request of the user with the understanding that it is not guaranteed to be accurate, coned or complete and conclusion. drawn from such Information are the I"esponslbllity of the User. In no event shall The Town of Marana become liable to users of these data. or any other party. for any 108s or direct. Indirect, special. Incidental or consequential damages. including but not limited to time. money Of" goodwill, arising from the use or modification of the data. REQUEST A request for approval to rezone 78.94 acres from C (Large Lot Zone) to R-80 (Single Family Residential 80,000 square foot minimum lot size) for the development of a 35 lot residential subdivision AU9 n. :006 _ 1',\f'lA/lNING RESOIJRCES FlLES\PROJ[crs\2C05\O:J01600 Too'}~rir;~ At,:r<l:,\GRAPHICS\hll 2006 Rebuilt r~e~\PO' Ei :;L':?~i:"i~,'~y:,:::,\'(';,:~::'),jhi';'~". "c:,.:,..,~,ll,:;~,~\:~~I':~'~1 'J) (' r~",'\;!>~~~::;:'\:"F, " I', "I ; \. '.,,\:' }',/:jj() (lfiOJ,VJ\08. IJ.,S:JIJJ~ OyOM/VI./iJ, ; / ( :;:5;F)!::::.~:\':", 'r: 1 ~:~'''')~'... ~:~,.;,.(..'t#>~;~''''':' I:;'; .\;~::,_ ..,i" \,..,'~~ "~'~~;("":; 4' ~ ~'" -,~"~~_",~.',_,~,:"",:"",_"",~_,,,, '>, L,~>)~ (. . ii- \t (i.: ~'fsffi!:iN!. .'.r ':, -. ~.,. ')"S. ~c' ":~ ~;~~,~~:, io...' :''f'~~ '(R1Z')\ '''l..\'\, ""l ". '-"( (~ I!,~~~~~ >" '; \..,';r--, /-\ ,? ,~.,~ ~~~~~ .' 'lj.""~. '\ '1'.li 'd-.,. .J..ri;,:;,:: I'-,'J,"", ,'{1f. .',' \( !:.~ ~" .", ;0,~ '.\ ""--'" '\-. '. I .". \" : \..', '''''''', '\ 1 ~~tl ~!l ,. \!", '.1 ,,' '. I '" '" I' ',,' !~K 0' W , . 1 "I:> 8~!j "" I \ '. , / <, ! "", L . i." '. ,:,'; ~ ;.,,;\'\... '\~,'. it .,.1.' :,:::,; ',,- \ "I ,i." ~'~., ~- I '--.' ." I, , \ J '" ,.' " , \" f ,;::'( 5:', /, 'l, t ..,.' \i:r 1) ''....1L -\~ .~-, ,.: .0;) ,'; !, ""'^ "', \ '..,. I': "',' . '}".- . '$,')',' F~'" ,,' I, fl', ,'. "-V'.' ,....'l-i.,., .".'/ \,". ~ ~:\C{: ,) ::~~.";i'B!.>;)J- ,,"~ ~' ."~\'( ~Ti'J..\~,.. :>'. !>:!':(j h.-.. . ", ,;<1 ,\,\)?: Af'J..;;!! -<~;fT,,~j;~~ ' -J. ': '\:( c:' .\, I,~/'>(:{f \\i~:~ "\'v:;g~\~;:~>-\~~~:"\ ::':~', '\\ \ :\"/} , '. \, .:o{/ '\,:>\~~. '\', ,J L\, ' _'~~-' ',p' "",> '~"_ <; t:)~~,~Ji)r: i ~~~~~~: \i:;~~ ,! L ,:' ~~~~;: )":'\-,, ~ic;'{) \ r~: i ;\,,} J, Y . "~., \~~"-,,,y/'.i' '.~:: .. ,.-i "." '~S!"':~ ,~H~'I \ "","'~; ~;'; ~'--"':,\\. ':, )~{i' ... .. \'" '^ . ,,,;' ~!,' ytzc ','. " I ," " \ " "..'7'- \\',' c..:....:,~,.,., . . .\ .'\' I( "\\'....">. -); 'I," \...~ L ,'.,....: :.., ~).,~, ,<. \ "\" ,,_r&\~ I "'---",;{l "'c: '",:::,\ ") ,- '{, ;:.= \.. r, y,' ", \',> ~:./. \..i \\..;r\:\ ,\.. \~\\\l ft}~);:,~')~:,'r(l ,I' ;G\~;:,,\ ;, ~ ~f':':I\~!~\3h ,,' ~3:,~~'t" :'5'\ " ,I, \( " ?\\~ I <I'. '.~',~;\",.':""~~~\ Il"ki J,: if; [-) 'f~, ,', .....,. Ii \ :-~-c-:-..~,~- "\,' ,.\i ",'... .' ,"i-,' 1/ 55]'" :'1," \ ;f., '- ',:.... ~ ~~.. '('. j ~. ...~ \ y ,,' " \ " r!",/ ';\,,( ,-" , .. '. "', ~ ";!, "". "",''v',; .", L/(~.. ,.'.... """".,."", I ", " -~,". ".;'f,J'~,.:,\, ..' '. "". ''''''.. I ":i ,.,', '.' d!.f ".'.1' ,. " "r . \,,1 :~;'. ) -!'.:~ ~'O~\~\ \ (.; ,:.. "......, ' \'.-' "", '\':"i-o,;' '''''\;;2. "\C..."~'" ..."! I"~ .-, 't; .... \, "j. ~;;~, I: \,~y,; ai 1 ''':'~;:,'':, ,~:,\;;,: \ ~ ';. J/':~ ~~.~:f, I,>"~,: o;!r\;.....~\~l;':~2~,;,;ir.'.\fr::~~.;f)~i, \ \' '; ~ ;::;\"/ ! ;:;;~~~" )"J))"'~; ":' I ,,!'\,. . }'\::::~, '. i~ ; ';J"';; ,\"T. ".,';\, ,.l.. ~~';;,:'''}/ :'~.'" : i' ...~. '.: \.. (',:\:" \,,/ ~': ~~;i~~',,' "\; i 'I i,!,-, \, .'. ,~' \, ; \, '. I .~ ~ ,) ,,' i,-.;".;... t., .. "':"" ". "r ,\. ,,"\.~_\ " ,7/:::;\Jf, :1 f::~'.~:lP~~\" \' btt~~~" ,--\~,,"\.r \ \~~. :. ';,~~:i~i,>)J .' 1:-';,">) ~/\ " ' \, ;~", ~*,.:\ ~/" ,-' . :~>f: ''iG,' '1.~;;V:;\;, i~'j'r:';:=;,;:)\^V:': 1';',\)\< \;~ \".f~d,';jr~ ~)!!i~. ' ?:~:':1' /:~:..f~~:,;;;~));\ _, . , /\., L.')' .. "'\'i: - ;>71\,~X/~>. """",..I;;'?:~,Li___,~;I,:~2,.jl~Z~i,.\ ,':?", .L>^ . '-,c>:';.;,-,,::# ~ ---oi~_i~=~~~-\ '. .......~'':''';;.,.-'-__L ~-= ,~~; ::i_--;---:''''O" l-~~L-' . ...-=::::I::::-""'t:-::c::::L:L, '.'i-~"'_----'---'- :-..l:-=::::::!:.-L:----.,---t"--t- lt~;1 "'~Z~;~9~~fil€.fl~~~F~lffii:l~fe,:~OW~:a59'~4Q.9.;;{~+'7' "ir, , r o () ~ o z s:: )> -0 -I CD ::s .... 0) .... -. m < >< CD :r en -. -. 0'" .... -. CD .... - ". -o::J 0). :::s ~ s:~ - Si1 ... planning resources .1ROHWOOD ESTRTES =~~-:;""~,:;-:=~"7~t;:7n'.,m ..J 10/04/2005 Arlzan. C.nt~; 10' Law In lhe Public Ime'llst Arizona LoaOUll Of ConseMtlon VO!trS Ellmllon FIInd Arizona Native Plant SOcIely Butlers &tntsr fOf B1oloOlcol Dlv.rshy &tomr for Elllllronmtlllal CORMctJom Center tOf Envlronmontal Bhk;s Dri.nder~ 01 W11~ll1e Dll1MlrtW.tr.h Orylaoos Insthuto Envln;lRmeIltll aOll Cullural C=erv;ltlOn Oraanlntion E.vlrn."""".llaw Soclety Friend. 01 C.be", Prieta Frionda 01 Tor1DlllJl G.ltes Pas, Ares N41~nborhood A!so<:latlon N.lohborhood Coallllon 01 Greater Tucson North...,,1 Coal~lon for RUpon.lblB Development Northwesl NBlQhborhoods Alliance 0"0 VlIIIC\' Nelllhborhood Cnolhlon Pima Fa.l1I$/$Genle DrMl Nflghbo.hood ~CI:llIOll ProlDct Land I.d Nolohborhoods S.tlfOnl Peek Walersl181l Education Team save tile Scenlc Sam, Rllas Sitm Club.GriIld CanYI)l1 Ctlaplur Sferra Club.Rlnoon Grbup SlIverball Mountakl Alliance SIcy IS I2nd Alliance SIcy Island Walen Soc1m- 01 Ecolooltal . Restoration $oool':ln Arthropod Sludl.s Institute' Sonoran Plm1lH:uIWre Guild SouthweMorn BloIogleal Inslitute . Tortol"a Homeownors Associatio. Tucson Avdubon SOCiety Tuc,on He,potolOoica' SnC1elY Tllcsim Mountains Association The Wikllands ProJ..r.t W1klllJo Damage RlvleW Women lor Sustainable TeChnologies 17:11 5205205401 CSDP PAGE 01/01 )/ l'./[/ /l!1[/7J..' '.-" iI v"L.(..~ I( J ./ . /. / , ( Coalition for Sonoran Desert Protection 300 E. University BI~.. Suite 120 Tucson. Ari20na B5705 p (520) 388-9925 · 1 (520) 620-6401 www.sonorandeSert.Qrg October 4, 2006 RusselJ Clanagan, Chairman Marana Planning Commission Marana Municipal Crnnplex 11555 W. Civic Center Dr., A3 Marana.. AI 85653 RE: Ironwood Acres Estates rezone CPCZ-06028) Dear Mr. C1anagan and Commission'Members, I am writil1g on behalf of the C~lition for Sonoran Desert Protection. an alliance of nearly 40 community groups working to probote regional babitat con~ervation planning throughout Pima Courity. Tht: Coalition is involved in regional conservation planning effurts that are now underway in the Town of Maran a,. Pfuta County, and tbe Cjty of Tucson. The proposed Ironwood Acres Estates developmellt is found within the environmentally sensitive area of the Tortolita Fan. and the Coalition recommends further environmental measures be adopted before approva{ of the rezoning. The tentative development plan calls for no more thart 30% disturbance. In lands ill the same area, designated by the science coJJimunit)" as '"Special Species. Management Atea~ inPixna COUDt).,S Comprehensive Land Use Plan, the recommended open space st.1-aside is 80%. We would like to see CQnsistcnt mea..'mtcl, based on science, that best protect the TottoJita Fall. In addition to higher set-asides, configuration of the deVelopment should be "clustered" in order to effecth'cly facilitate wiJ~jfe movement - this is not the C<1Se in the prop~ed development. As well, tJle currcntJ)~ configured open space cannot be'effectively managed as natural Wldisturbed open space when located on private lots of homeowners. We would r~mmend land located on individual lots around identified building c"'nvclopes not be included as open space, but instead open space should be consolidated and deeded as common open space. We are pleased that co~ation easements '\~ill be utilized, but configuration of open space located in common-areas JS essential. As always, thank you for the opporiunit). to comment on this development. I hope that you find our comments useful; we are ahva)'s available to further discus!; the proposed deveJopment. [)JuL}. ((J &'e~:i~Q;~~ AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARANA ORDINANCE NO. 2006.30 RELATING TO DEVELOPMENT RE: IRONWOOD ACRES ESTATES was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 27th day of November 2006 and the last publication thereof was made on the 30th day of November 2006 ; that said publication was made on each of the following dates, to-wit: 11/27/06 11/28/06 11/29/06 11/30/06 at the Request of: Town of Marana, Clerk's Office b Subscribed and sworn to be~ ( C , Legal Advertising Manager his 30th day of November 2006 . ~~.. ~-\ ':.ta:v Fl:tllic: - tJLz.0n~::; Pi:-;-!o C<)Ui1fV lA.in,s 02/Q4/03 ~t ry Public in and for the County of Pima.~te of Arizona .' ~. -- ..' ..~. -C My commiSSion expires: d \. PUBLIC NOTICE MARANAORDlNANCE NO. 2006.30 RELATING TO DEVELOPMENT; AP. PROVING AND AUTHORIZING A RE- ZONING FOR IRONWOOD ACRES ESTATES. WHEREAS, Planning Resources repre- sents the property owner of approxi- matelY 78.94 acres of iand generally lo- cated on the south side of Tangerine Road, approximately 1.8 miies east of Interstate 10 in Section 4. Township 12 Soutn, Range 12 East; and, WHEREAS. the Marana Pianning Com- miSSion hetd a public hearing on Octo. ber 4, 2006. and at said meeting voted 6-0 (Commissioner Daiiey excused) to recommend that the Town Council ap- prove said rezoning; and, WHEREAS. the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held November 21, 2006. and has de- termined that the 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 rezoning of approxi- mateiy 78.94 acres of land generally io- cated on the south side 0; Tangerine Roac, 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 Famiiy Residential 80.000 scuare foot minimum lot size) on the 78.94 acres of land approxlmateiy 1.8 miles east cf Interstate 10. Section 3. The intent of the rezoning is to aliow 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 cooes and or- dinances current at the time of develop- ment, including. but not limited to. re- quirements for public improvements. 2. No approval. permit. or authorization of the Town of Marana authOrizes the applicant and/or landowner to vloiate 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 agencies to determine any action necessary to assure compliance with applicable laws and regulations. 3. The owners shall limit the overall dis- turbance of the site including all access roads, septic tanks and leach fields to a combined total of not more than 30 per- cent. 4. A resource protection pian shall be developed to manage all open space areas and undeveloped residential area and submitted with the application for preliminary piat. 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 desig- nated on the Tentative Development Plan as the "Future Town Well SIte" upon request by the Town of Marana. 7. A water service agreement is re. quired with Marana Water prior to ap~ proval 01 water plans and 1inal plat. e The developer shall be responsible for the design and construction of a de- celeration lane and acceleration lane on Tangerine Road at each access to this prolect subject to design approval by the Town of Marana. 9. Before a building permit Is issued for any structure on the property, the devel. oper shall have completed or shali pro- vide eVidence to the Town's satisfaction that the develope:- nas made a diligent effort have the property annexed mto a fire district or otherwise provide for fire protection service. 10. Lots shall oe limited to a maximum grading disturbance of 18.000 square teet Includmg driveways. access roads, septic tanKS ana leach fields. Dunng the platting process a restrictive cove- nant In a form acceptable to the Town Attorney shall be recorded against the propeny 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 Protec- lions (CSDP) as a part of any reconfigu- ration oj envelopes and lor lots that change the drainage flows andlor Im- pact the ripanan habitat areas dunng the platting process. 12. Fencing is prohibited outside of the allowable graded areas. 13. Roadway culverts shall be elevated to facilitate smali-species wildlife cross- mg, 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 fea- tures that reduce vehicle speeds andlor reduce wildlife road-kill. 15. To transition between this develop- ment 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 Ari- zona 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 Engmeer and Planning Direc- tor reasonably determine that access Improvements are needed to serve State Land Commissioner-authorized developmen' cr use of the Arizona State Trust Land. 17. As a part of the subdivision Infra- structure for the property. developer shall construct a sewer with house con- nection services mstalled to each indi- vidual lot, for Mure 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 provi- sions of thiS Ordinance are hereby re- pealed. 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 de- Cision of any court of competent juns- diction, such deCISion shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ari- zona, this 21 st day of November. 2006 ATTEST: _ Mayor Ed Honea _Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorn~ AIi exhibits are on file and available for ~ viewing during normal business hours in the Office of the Town Clerk, 11555 W. Civic Center Drive. Marana. AZ 85653. PUBLISH: The Daily Territorial November 27, 28, 29, 30, 2006 pnord2006.30 o.t