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Home My WebLink AboutOrdinance 2015.002 Approving rezoning of SE corner of Twin Peaks and TangerineM i. M F. ANN RODRI CUE Z , RECORDER Recorded By: KSH Y RECORDER 4934 SMA.RA TOWN OF MARANA PICKUP $7.00 fill SEQUENCE: NO. PACES: ORD I N 20150230159 4 01/23/2015 10:54 PICK UP AMOUNT PAID: MARANA ORDINANCE NO.2015.002 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 3.2 ACRES of LAND LOCATED ON THE SOUTHEAST CORNER OF THE TWIN PEAKS ROAD AND TANGERINE .ROAD INTERSECTION FROM "C" (LARGE LOT ZONE ) TO "NC" (NEIGHBORI-IOOD COMMERCIAL) WHEREAS TRP 'Twin Peaks LLC (collectively the "Property owners") own 3.2 acres of land located in Section 1, Township 12 South, Range 12 East, described and depicted on Exhibit A attached to and incorporated in this ordinance by this reference (the ; and "Rezoning Area"); ) WIIER.EAS the Property Owners have submitted an application to rezone the Rezoning Area from "C " Large Lot Zone to "NC" Neighborhood Commercial ( "this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing on this Rezonin g on December 17, 2014, and voted 6 to 0 with one Commissioner absent to recommend that the Town Council approve this Rezoning, subject to the conditions recommended b staff and y adding new condition 18 below; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on January 20, 2015 and determined that the requested 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 zoning of the Rezoning Area is hereby changed from "C "' Large Lot zone to "NC" Neighborhood Commercial. Section 2. 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 ), and which shall be bindin g on the Property owners, and their successors in interest (all of whom are collectively included in the term "Property Owners" in the following conditions ): L 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 p ublic improvements and payment of application fees and applicable development impact fees. 2. A master drainage study must be submitted by the Property owners and accepted b the --� . p y Town Engineer prior to Town approval of a preliminary plat or development plan for an portion of the Rezoning Area. 3. A detailed traffic impact analysis must be submitted by the Property owners and accepted b p y Town staff prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. The exact location and operations of any proposed driveways for the f 00040619.DOCX 13 Oi No, 201 5.002 1/6/2015 4:41 PM SCIFC development of the Rezoning Area will require the approval of the Town Engineer based on the findings of the traffic impact analysis. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property owners and accepted by the water provider prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on -site and off-site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property owners and accepted by the Pima County Regional Wastewater Reclamation Department (the "`wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off-site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. S. 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 the Property owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 9. Prior to the issuance of any grading permits, the Property Owners 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, if federal permits are required for the development of the Rezoning Area. 10. A 100% desert tortoise survey shall be completed by a qualified biologist at the Property Owners' expense and approved by the Town prior to the issuance of any grading permits in 00040619. DOCX 13 ) Ordinance No. 2015.002 -2- 1/6/2015 4:41 PM SC/ C the Rezonin Area. An Sonoran Desert tortoises found on the Rezonin Area shall be relocated at the Propert Owners' expense. 11. The Propert Owners shall not cause an lot split of an kind without the written consent of the Town of Marana. 12. The Propert Owners shall dedicate an additional 75 feet of land alon the northerl propert line of the Rezonin Area to the Town of Marana. 13. The Propert Owners shall dedicate an additional 15 feet of land alon a portion of the southerl propert line of the Rezonin Area to the Town of Marana that will complete the full 60 foot half width of ri of wa for Holl Boulevard. 14. A cultural resources surve must be completed and submitted to the Town for review and approval prior to an site disturbance 15. Town staff is authorized to re minor g rammatical and illustrative chan to the Rezonin Site Anal document. 16. Before recordation of a final plat or the approval of a development plan, the Propert Owners shall have completed or shall provide evidence to the Town's satisfaction that the Propert Owners have made a dili effort to complete the process of havin the Rezonin Area annexed into a fire district or have otherwise provided for fire protection service to the Rezonin Area. 17. No residential uses shall be allowed in the Rezonin Area. 18. Development plans for the Rezonin Area shall re approval of the Plannin Commission at a public hearin Section 3. 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 hereb repealed, effective as of the effective date of this ordinance. Section 4. If an section, subsection, sentence, clause, ph-rase or portion of this ordinance is for an reason held to be invalid or unconstitutional b the decision of an court of competent jurisdiction, such decision shall not affect the validit of the remainin portions of this ordinance. PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 201' da of Januar 2015. . - N 0 - -------- -- MAN ATTEST: Zm4 ocel �Z. j6ronson, Town Clerk 144 Ma E4 Honea S TO FORM: f 00040619.DOCX 13 � Ordinance No. 2015.002 -3 - 116/2015 4:41 PM SC/FC t'amd F1GStK — _ _... ---- — — — — — — — .. &e A BCS? j — fin Nw n woue. N, aaffW= -12 ""7f"^^ ��` 4 '� H1q'2Si1'6x537.G4M x[?*t3S]'6207.5i11 - r - -. tarserbvoI -Milk Q TArG�r ROAD .� .,,.�. rDank Scale 1 ° =46' - GENERAL NOM- - edrM 25.06 ar �° L9. Indicates set � steel pin mkd RLS 25405, un €ass noted. � i � � 9D i'# I�h K.sna dcwic lb.ec 2.¢ Indicates found J" steel pin mkd RLS 25071 unless noted. s o--,•+ 2r ab,�: 3. M - Measured } Dmkd 13724 PW 2058 4. R - Map or Deed Record I 1 's« not: nlo7 S. C - Calculated I - zw>u -or•wirare 6.' Basis of Beatings South 00 °49'02" East, West line of the ia7x4 tea 7hss Northwest Quarter of Section 1. Township 12 South, Range 12 SC13EDULE B ITE MS S ection 11 PER TITLE REPO East, G.S,R.B. & M., Pima County, Arizona per legat description ! 3. Book 242 of Deeds 295 unleg'sbsr. as Shown In titic report by Fidelity National Title Insurance Co. I 5. Drainage Easemcat and ]Restrictive Covenant Docket 13706 Page 3330 mtordcd Order No.50001332 050 - 8 AS dated June 5, 2013. r December 16, 2009 and re- rcoordod in Docket 13724, Page 2067 January 13, 2010. 7. Thin survey is based on title report provided by Fidelity b. Temporary Constsuctinn Eaoemc nt Docket. 13106 Page 3355 recorded December Nationa€ Titic Company Order No. 50001312 -050 -13AS dated 16, 2009 re- t+ecarded January 13, 2010 in Docket 13724, Page 2097. � � �� [xrxuia724 a�resaG! June 5, 2013. 8. j ea Stake for roan r u on this property before digging cal i 9. This temporary construction easement r=rded In Docket 13700 at Page 3355 bas been terminated as noted in "Agreement" i 0s Tana REFEREi+1CF MAPS 10. D j 1 Docket 6612 at Page 8$2 was not mentioned in the title report. 1 � This easement is shown an a Record of Survey that is recorded in 1. Assessors pared map Scq #201 €1470013 -20 page 349 Of 352 of Dave Mountain BIvd 2. Rnad Map Book 7 Page 83 Extcraim pmjcct # 2001 -52. f i 3. Right of Way Plan for Dave Mountain Bird ExLcasirni 11. This dirt mad appears to be used only by utility companies to 4 Project No. 2001 -52 Pn&e Roadway Plan Ta % mine Road maintain the utility boxes show on this survey. 13724 P4je265Y Project No.2005 -061 Page 349 of 352. 12.Them is an irri anion . tern aloe the west lane. r 4. Record of Survey S� Ne.20111470013 $ S property 5. Right o£Wny Plan £or Dove Mountain Blvd Extension 13_ It appears the the nearest sewer to subject property is north of i Project No. 2001 -52 Page 348 or352. Tangerine road. AM = 142,115 ft � r Virginia Shaner 6.R000rd of Survey Bonk 5 Page 3 dated �} 3.262 Acres 5315 W. Tangerine Rd ocuftr 2l 1986 r ❑ Parcel# 216 -02 -0130 T RES OF ALTAIACSM SURVEY (URBAN) Of the West Haifofthe Northwest Quarter of Lot 4 in Sect - son 1, Township 12 Soutb, Range 12 East, Gila and Soft River Base and 0 ! Meridian, P County, Arizona. Rt ' , - L S'I<SjPFOiR"W 26.00 �^ EXCEPT the West 34 feet tercof. and CURRENT PROPERTY INFORMATION EXCEPT the South 34 feet thereof; and also W i Owners: GLP KANSAS CITY LLC �. PQ 13oz 414740 Kansas City, MO 64141 -4740 EXCEPT any portion lying within Tangerine Road as shown on Docket 10593 Page 1428 Road Map recorded. in Book 7 of Road Maps at Page 83; and also i Parcel No. 216-02 -015A s Zoning: Lange Cat C Except any portion conveyed to the Town of Marano by Deed Act mgt: 3.262 acres #� retarded 17ecxtrnlxr t G, 2009 in (Jacket 13745, Page 3323 Alma 342,315 square feet re- recorded January 13, 2010 in Docket 13724, Page 2058, records of Pieria County, Arizona. i ! CERTIFICATION I ' € To: T'RP Dental 11, P.L.L.C., an Arizona professional limited €lability company, GLP KANSAS CITY, LLC, an a +• f i ! 1 LEGEND Arizona, limited liability company and Fidelity Nat'sotial s EMB - Electric meter box Title Agency. ' Ft; - Fire hydrant I ; 's«+ itsdtxsw 7 � I �l� H£ ' � �"� This is to cxrti that this erne or Sat and the surve rt 1 Drax -W401- fy P It ey a r7odoet [3724 T?++18 - Trrigniipn rrid[s bvx i rn,�h- 34.sy- IV- } which it is based were made in accordance with the 2011 rrigatiors valve f WW24 naS.t6 t LP- Light poic "Minimum Standard Detail Requirements for M11- Manhole ALTAIACSM Land Title Surveys," jointly established and rtes n3t78 013 - overhem util' Lees tty ' adopted by ALTA and NSPS, and includes items 1,2,6 E a a y rE �A PP - Pourer pole rt> - 3- Sewer lint through i 1, 16, 19, and 20 of Table A dtcacof. The field zi HOLLYWOOD BLV33 SP- Semite pole work was completed on July 19, 2013. SL' Strad li*t + °45'2540ti t J 1. "Trail Traffic Dose: 1913 , Ts - Traffic sign ! erne ]SM T Sig- Trdnc Signal f �» e• WSA - water rneter i Linda Carrot WV- Water vzlvc i' I ; Attrr Linda F'oxtman signed M, 2042 W. Amy Dr. Registralion No. 25405 o Tucson, AZ $5705 a �°` 7 � Pared# 216 -02 -016A DATE Re�tsln!ls 1 F mndBCSM t Everett Trueblood Land Surveying ar°'a WI 6884 West Het'mhge Plnce CprieCl «, 1 -n�sx Tucson, AZ 85743 (520) 888 -2549 M x t ■ Cr t8.[. to e*OL