HomeMy WebLinkAboutOrdinance 2015.003 Amending Marana Ordinance 2002.19Mi
F. ANN RODRIGUEZ, RECORDER
Recorded By: KSH
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01/23/2015
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MARANA ORDINANCE NO, 2015.003
RELATING 7 - 1 0 DEVELOPMENT; AMENDING MARANA ORDINANCE NO. 2002.19,
WHICH REZONED APPROXIMATELY d 1.2 ACRES OF LAND LOCATED ON THE WEST
SIDE OF SII. ROAD, SOUTH OF INA ROAD FROM ,ZONE R - 144 To R - 16, BY
INCREASING r1n E MAXIMUM NUMBER OF RESIDENTIAL UNITS FROM 41 TO 56,
INCREASING THE TOTAL SITE DISTURBANCE FROM 30% To 37 %, AND MAKING
VARIOU OTHER MODIFICATIONS
WHEREAS Fidelity National Title Trust 60204 and its beneficiary C & C Construction
(collectively the "Property owners ") own the Ina & Silverbell subdivision recorded in the office
of the Recorder of Pima County, Arizona on May 11, 2006 in Book 61 of Maps and Plats at Page
20, Sequence 2006091 0729, consisting of a gross area of 58.78 acres of land (the "Rezoning
Area "); and
WHEREAS the Mayor and Counci of the Town of Marana adopted Marana ordinance
No. 2002.1.9 on September 1.7, 2002, recorded in the office of the Pima County Recorder on
September 27, 2002 at Docket 1. 1894, Page 5220, Sequence 20021880958 ( "the original
Rezoning ordinance "); and
WHEREAS the original Rezoning Ordinance rezoned the Rezoning Area from R -144
(single family residential, minimum lot size 1.44,000 sq. ft.) to "R -16" (single family residential,
minimum lot size 16,000 sq. ft.), subject to certain conditions set forth in the Original Rezoning
Ordinance; and
WHEREAS the Property owners have submitted an application to modify the conditions
of rezoning set forth in the Original Rezoning ordinance; and
WHEREAS the Marana Planning Commission held a December 17, 2014 public hearing
on Property owners' application to modify the rezoning conditions, and voted 5 to 1 with one
Commissioner absent to recommend that the Town Council amend the rezoning conditions as
modified and supplemented by the Commission based on feedback from the Property owners,
the public, Town staff, and the Coalition for Sonoran Desert Protection; and
WHEREAS the Marana Town Council held a January 20, 2015 public hearing on
Property owners' application to modify the rezoning conditions and determined that the
requested application should be approved subject to certain amendments.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The rezoning adopted by the original Rezoning ordinance and amended by
this ordinance is referred to as "this Rezoning."
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Section 2. The conditions of rezoning set forth in the original Rezoning Ordinance are
hereby replaced with the following conditions of rezoning, 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 binding on the Property owners
and their successors in interest (all of whom are collectively included in the term "Property
Owners" in the following conditions):
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 and payment of application fees and applicable development impact fees.
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in
substantial conformance with the tentative development plan (shown as "Exhibit A" attached
to and incorporated by this reference in this ordinance) presented to and approved by the
Town Council as part of this Rezoning.
3. A master drainage study must be submitted by the Property owners and accepted by the
Town Engineer prior to Town approval of a preliminary plat or development plan for any
portion of the Rezoning Area.
4. The Property owners shall design and construct a continuous left -turn lane along the entire
frontage of the Rezoning Area. The design shall be subject to approval by the Town
Engineer.
5. 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.
6. A master sewer plan must be submitted by the Property owners and accepted by Pinta
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.
7. 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.
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8. The final design of all streets and circulation facilities, including any gated or emergency
access, must be accepted by the Northwest Fire District prior to Town Council consideration
of a final plat for any portion of the Rezoning Area.
9. The Rezoning Area shall be limited to a maximum of 56 lots, laid out in substantial
conformance with the tentative development plan attached as Exhibit A. Site disturbance in
the Rezoning Area shall not exceed 37% or 948,000 square feet.
10. 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.
11. 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 U. 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.
12. 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 Army Corps of
Engineers and the State Historic Preservation office, if federal permits are required for the
development of the Rezoning Area.
13. The Property owners shall not cause any lot split of any kind without the written consent of
the Town of Marana.
1.4. The Property owners shall provide the necessary authorization and documentation from the
Western Area Power Administration (WAPA) with the subsequent plat submittal.
15. All open space easements and wildlife corridors shall be left entirely undisturbed and in their
natural desert state, except for necessary utility installations, which shall be revegetated. All
such easements and corridors shall be dedicated to the appropriate entity, acceptable to the
Town and at a time acceptable to the Town. All utilities shall be underground, and all utility
trenches shall be revegetated to be identical with the surrounding desert with the exception of
the overhead electric WAPA easement which shall be to WAPA specifications.
16. Lots 4-12, 1.9 -40, and 4656 as designated on Exhibit A are restricted to one story and a
maximum height of 20 feet. Two story homes are permitted on Lots 1-3, 13-18, and 41 -45 as
designated on Exhibit A.
17. The preliminary plat for the Rezoning Area shall establish a minimum lot size of 16,000
square feet, with a maximum graded pad envelope of 10,000 square feet, including
driveways, but not including utility installations. Pad envelopes will be graded individually.
The 58.78 acre Rezoning Area parcel will not be mass graded.
18. There shall be no connectivity between Waycross Road, Martingale Lane, Bridle Way, or
Abington Lane and any access point, right of way, road, or lot within the Rezoning Area.
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19. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities
shall be minimized and require approval by the Town Engineer.
20. There shall be a 120 -foot "No Disturbance' bufferyard along the southern boundary of the
Rezoning Area (as identified on Exhibit A) .
21. There shall be a 100 -foot "No Disturbance" bufferyard along the western boundary of the
Rezoning Area (as identified on Exhibit A).
22. The Property owners, through the Town of Marana's normal notification process, shall
notify the impacted parties, as specified in Exhibit B attached to and incorporated by this
reference in this ordinance, if any request is made to modify, eliminate, or add to the
conditions listed in this ordinance.
23. The minimum width of the two designated wildlife corridors shall be 200 feet and, where
possible, revegetation shall occur in disturbed areas beyond the 200 -foot minimum width.
24. These conditions in their entirety, and all associated attachments, shall apply to the current
proposal and to any and all subsequent proposals regarding development, subdivision, or
rezoning of the Rezoning Area.
25. This Rezoning is subject to the Residential Design Standards found in the Marana Land
Development Code as amended from time to time.
26. The Property owners agree to enter into a finance contract establishing their contribution for
schools. The Property owners shall provide written documentation that an agreement with
the Marana Unified School District is completed prior to the issuance of the first single -
farnily residential building permit for the Rezoning Area. A receipt of payment shall be
provided with each individual residential building permit.
27. No fences or walls shall be constructed on lot lines outside the individual grading disturbance
envelopes for each lot, and such language shall be placed in the Conditions, Covenants and
Restrictions.
28. All outdoor lighting shall be down -lit and shall adhere to "dark sky - friendly" lighting design,
and such language shall be placed in the Conditions, Covenants and Restrictions.
29. The centerline of the internal loop road's southern entrance to Silverbell Road will be no less
than 340 feet north of the 100 -year floodplain of the Animal Wash, the large wash shown on
the southern portion of the tentative development plan and such language shall be placed in
the Conditions, Covenants and Restrictions.
30. There will be no grading encroachment into the Erosion Hazard Setback (if any) on Lots 19--
26 inclusive, Lots 34--47 inclusive, Lots 50 -51, and Lots 53 -55 (as identified in Exhibit A)
and such language shall be placed in the Conditions, Covenants and Restrictions.
31. All Natural Undisturbed open Space set - asides shall be protected in perpetuity, by either a
Restrictive Covenant or Conservation Easement and such language shall be placed in the
Conditions, Covenants and Restrictions. Prior to or upon requesting a building permit for any
lot in the Rezoning Area, the Property owners shall record a covenant, to run with the land,
memorializing the terms of this condition.
32. Tree- ranging domestic animals shall be prohibited in the subdivision and such language shall
be placed in the Conditions, Covenants and Restrictions.
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33. No back g ates shall be constructed leadin to undisturbed open space areas on each lot
or within the two onsite wash corridors and such lan shall be placed in the Conditions,
Covenants and Restrictions.
34. Upon the effective date of this Ordinance, the Propert Owners shall have a continuin
responsibilit to remove from the Rezonin Area invasive non-native species, includin
those listed in Exhibit C attached to and incorporated b this reference in this ordinance.
Acceptable methods of removal include chemical treatment, ph removal, or other
known effective means of removal. Propert Owners and future owners of individual lots in
the Rezonin Area shall keep private lots includin enclosed y ards free of invasive non-
native plant species detailed in Exhibit C. Prior to or upon re a buildin permit for
an lot in the Rezonin Area, the Propert Owners shall record a covenant, to run with the
land,, memorializin the terms of this condition.
35. The Propert Owners shall place "no trespassin si alon the south boundar of the
Rezonin Area and si directin people to sta out of the washes.
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, phrase 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 "Fown of Marana, Arizona,
this 20th da of Januar 2015.
ATTEST:
cel Bronson, Town Clerk
V
Ma Ed Honea
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EXHIBIT A TO MARANA ORDINANCE NO. 2015.0 03
A .. . .......... .. .....
In a' Road
LEGEND
M M
1 Su b ject Property 300` 600'
rr rrr
Exh ' ib ' l t �' ' �•: ;f Impacted Parties acted P FILE NAME: ImpactedParties Gx8_CAC- 44.mxd
EXHIBIT B TO MA ANA ORDINANCE Nth. 201 5.003 SOURCE: Pima County CIS, 2014
Exhibit C
Invasive Non - Native Plant Species Subject to Control
Scientific Name
Common Name
Ailanthus altissima
Tree of Heaven
Alhagi pseudalhagi
Camelthorn
Arundo donax
Giant reed
Brassica tournefortii
Sahara mustard
eromus rubens
Red brome
Bromus tectorum
Cheotgrass
Centaurea melitensis
Malta starthistle
Centaurea solstitalis
Yellow starthistle
C y nodon dactylon
Bermuda grass (exclude sod hybrid)
............
Digitaria spp.
Crabgrass
Elaeagnus angustifolia
Russian olive
Eragrostis spp.
Lovegrass (exclude E. intermedia,
plains lovegrass)
Melinis repens
Natal grass
Mesembryan them um spp.
Iceplant
Peganum harmala
African rue
Pennisetum ciliare
euffelgrass
Pennisetum setaceum
Fountain grass
Rhuslanceo
African sumac
Salsola spp.
Russian thistle
Sch in us spp.
Pepper tree
Schismus arabicus
Arabian grass
Schismus barbatus
Mediterranean grass
Sorghum holepense
Johnson grass
Tamarix spp.
Tamarisk
EXHIBIT C TO MARANA ORDINANCE NO. 2015.003