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Home My WebLink AboutOrdinance 2015.008 Approving rezone of Cortaro Farms Road and Sandy Desert TrailF. ANN RODRIGUEZ , RECORDER Recorded By. KSH DEPUTY RECORDER 4 934 SMARA TOWN OF MARANA PICKUP ov Y SEQUENCE: NO. PAGES: ORD I N PICK UP AMOUNT PAID: MARANA ORDINANCE NO, 201 $7.50 RELATING TO DEVELOPMENT; APPROVING A REZONING 01" APPROXIMATELY 30.6 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF SANDY DESERT TRAIL FROM R - (SINGLE- FAMILY RESIDENTIAL) TO R -6 (SINGLE - FAMILY RESIDENTIAL); AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM LOW- DENSITY RESIDENTIAL (LDR.) TO MEDIUM DENSITY RESIDENTIAL (MDR) WHEREAS Fidelity National Title Trust 60411 and its beneficiaries (collectively the "Property Owners ") own 30.6 acres of land located south of Cortaro Farms Road and east of Sandy Desert Trail in Section 25, Township 12 South, Range 12 East, described on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area "); and WHEREAS the Property Owners have authorized The Planning Center to submit an application to rezone the Rezoning Area from R -16 (single - family residential) to R -6 (single - family residential) ( "this Rezoning "), and amend the 2010 Marana General Plan from Low - Density Residential (LDR) to Medium Density Residential (MDR) for the Rezoning Area; and WHEREAS the Marana Planning Commission held a public hearing on this R.ezonin� on February 25, 2015, and voted 7 to 0 to recommend that the Town Council approve this Rezoning, subject to the recommended conditions, as well as revised conditions and site plan; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on April 7, 2015 and determined that the requested rezoning and general plan amendment 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 R -1 to R -6. 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 Medium- .Density Residential (MDR). 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 Ladd 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): Marana Oi No. 2015,008 .- 1 - 4/8/201 2:16 PM BDV /FC 20151000317 6 04/10/2015 12:10 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 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 general conformance with the tentative development plan 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. A water infrastructure and phasing plan (WIP) must be submitted by the Property owners and accepted by the Marana Utilities Department (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. The final design of all streets and circulation facilities, including gated access (if applicable) and emergency access, must be accepted by Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. The maximum number of residential lots within the Rezoning Area shall not exceed 69. 9. 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. Marana Ordinance No. 2015.408 ._2 - 4/8/2015 2:I6 PM BDVIFC 10. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IOR, Type I or Type 11 for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type 1I 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. 11. 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. 12. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 13. No two -story construction shall be permitted within 300 feet of Cortaro Farms Road, as delineated on the Conceptual Development Plan in the Willow Ridge Rezone II site analysis. 14. A Native Plant Program (NPP) in accordance with Title 17 of the Marana Land Development Code must be submitted by the Property Owners and approved by the Town of Marana during the review of a subdivision plat for any portion of the Rezoning Area. 15. -All saguaro spears with a height of 14 feet or less meeting the transplanting criteria of Title 17 shall be preserved in place or salvaged and transplanted on -site where practicable. Saguaros that cannot be transplanted on -site shall be transported to and transplanted off -site at locations to be determined by the Town of Marana, the Coalition for Sonoran Desert Protection, and the Property Owners. 16. A minimum of 75 percent of the 20 -30 foot ironwood trees meeting the transplanting criteria of Title 17 of the Marana Land Development Code shall be preserved in place or salvaged and transplanted on -site where practicable. Ironwoods that cannot be transplanted on -site shall be transported and transplanted off-site at locations to be determined by the Town of Marana, the Coalition for Sonoran Desert Protection, and the Property Owners. 17. The Property Owners shall identify on the required vegetation inventory Palo Verde trees over 15 feet in height. 18. Prior to grading of the site, the Property Owners shall notify and invite appropriate non - profit organizations (e.g., Tucson Audubon Society, Tucson Cactus and Succulent Society) to salvage remaining vegetation on -site. 19. The Willow Ridge II (Willow Vista) Homeowner's Association shall have a continuing responsibility to remove from the Rezoning Area invasive non - native species, including those listed in Exhibit B attached to and incorporated by this reference in this ordinance. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Future owners of individual lots in the Rezoning Area shall keep private lots, including enclosed yards, free of invasive non - native plant species detailed in Exhibit B. Prior to, or upon requesting, a building permit for any lot in the Rezoning Area, the developer or builder shall record a covenant, to run with the land, memorializing the terms of this condition. Marana Ordinance No. 2015.008 .- 3 - 4/8/2015 2:16 PM BDV/ C 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 hereb repealed, effective as of the effective date of this ordinance. Section 5. 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. --4 PASSED AND ADOPTY"D b the Ma and Council of the Town of Marana, Arizona, this 7f 1 l da of April, 2015. Ma Ed 14onea ATTEST: 6 ce C. l ronson, Town Clerk & �V- N '/N 7 MARANA 7 APPROV 0 FORM: Marana Ordinance No. 2015.008 . - 4 -- 4/8/2015 2:16 PM BDV/FC Order No.: 51 002919 -051 -51 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Lots I through 35, Inclusive and Common Areas A, B, C and D, of WILLOW RIDGE CUSTOM LEFT'S, a subdivision of Pima County, Arizona, according to the map of record in the office of the Pima County recorder in Rook 63 of Maps and Plats at Page 5. EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. 27C 101 &0.6 ) ALTA Commitment - 2006 Copyright American Land Title Association, Alt rights preserved. The use of this Form is restricted to ALTA licensees and Mmom ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American ?::Ff:► Land Title Association. _:: , Exhibit B Invasive Non-Native Plant Species Subject to Control Sciewi rc lllcrme Common Name Ailanthus altissirna Tree of Heaven Alha i seudalh i Camelthorn Arundo donax Giant reed Brassica tournc ortii Sahara mustard Bromus rubens Red biome Bromus tectorum Cheat grass Centaurea melitensis Malta starthistle Centaurea solstitalis Yellow starthistle C nodon dact lon Bermuda grass (exclude sod h brid) Digitaria spp. Crabgrass Elaea nus angusti olia Russian olive Era rostis s . Melinis re ens Love rass (exclude T. intermedia, lains love rass) Natal grass Mesemb anthemum s Ice lant Peganum harmala African rue Pennisetum ciliare Bu el rass Pennisetum setace um .Fountain grass Rhus laneea African sumac Salsola spp. Russian thistle Schinus s pp. Pe er tree Schismus arabicus Arabian grass Schismus barbatus Mediterranean grass Soy hunt hale ense Johnson Li ass Tamart spp. Tamarisk