HomeMy WebLinkAboutOrdinance 2015.017 Approving Mayor to execute Amendment of the Willow Ridge Development Agreement as it applies to Willow VistaMARANA ORDINANCE NO. 2015.017
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE rI" IE AMENDMENT of THE WILLOW RIDGE DEVELOPMENT AGREEMENT
AS IT APPLIES To WILLOW VISTA
WHEREAS, the Mayor and Town Council approved the willow Ridge Development
Agreement by the adoption of Resolution 2004 -49 on April 20, 2004; and
WHEREAS Fidelity National Title Agency, Inc., an Arizona corporation as Trustee
under Trust 60,411 only and not in its corporate capacity (the "Owner"), owns the approximately
3 0.6 acres of the willow Ridge development described on "Exhibit A" attached to and
incorporated in this ordinance by this reference and referred to as "willow Vista"; and
WHEREAS the Marana Planning Commission held a public bearing on July 29, 2015 and
voted 6 -0 to recommend that the Town Council approve the Amendment of the willow Ridge
Development Agreement as it applies to willow , 'Vista; and
WHEREAS the Mayor and Town Council held a public bearing on September 1, 2015,
and determined that the Amendment to the willow Ridge Development Agreement as it applies
to Willow Vista, attached as "Exhibit B" to and incorporated in this ordinance by this reference,
is consistent with the Marana General Plan, applicable zoning regulations, and relevant Town
policies; and
WHEREAS aREAS the Mayor and Town Council find the terms and conditions of the
Amendment of the willow Ridge Development Agreement as it applies to willow Vista are in
the best interest of the Town and its citizens and should be approved.
Now, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECrTION 1. The .Amendment of the willow Ridge Development Agreement as it applies
to Willow Vista is hereby approved.
SI -.CTION 2. The Mayor is hereby authorized and directed to execute, and the Town
Clerk is hereby authorized and directed to attest to, the Amendment of the willow Ridge
Development Agreement as it applies to willow Vista, attached to and incorporated by this
reference in this ordinance as Exhibit B, for and on behalf of the Town of Marana.
SECTION 3. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
00042889.I)OCx 11
Marana OI'dII1ance No. 2015.017 - I - 8/20/2015 9:57 AM I'JC/BI)V
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this I st da of September 2015.
MAEANAP
Ma Ed Honea
ATTEST: APPROVED AS TO FORM:
-onson, Town Clerk
00042889.DOCX /I
Marana Ordinance No. 2015.017 - 2 - 8/2012015 9:57 AM FJC/BDV
Ordcr No.: 51002919 -051 -51
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED rl.O, HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA,
AND IS DESCRIBED AS FOLLOWS:
Lots 1 through 35, inclusive and Common Areas A, B, C and D, of WILLOW RIDGE CUSTOM LOTS, a subdivision
of Pima County, Arizona, according to the map of record in the Office of the Pima County Recorder in Book 63 of
Maps and Plats at Page 50
EXCEPT all coal and other minerals as reserved in the Patent from the United States of America.
7C I D 1, AL`F`A Commitment..-. 200 l' ...........
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and CP mom""
€E-A
ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American.£3:::;
Land Title Association.
ZA
AMENDMENT O THE Wax ow RIDGE DEviu OPMENT
ACXRI� EMENrf AS IT APPLIES To Wii- .0W VISTA
(Town of Marana, Arizona)
TI-IIS AMENDMENT OF THE WILLOW RIDGE DI VELOPMEM AGRI'aEMEN'1' AS 11" APPLIES TO THE
WILLOW VISTA DEVELOPMENT PROJECT (this "Amendment ") is made and entered into by and
between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and FIDELITY
NATIONAL TITLE AGENCY, INC,, an Ar izona corporation, as Trusted under Trust No. 60,411 only
and not in its corporate capacity (the "owner "). The Town and the owner are sometimes collec-
tively referred to as the "Parties," each of which is sometimes individually referred to as a "Par-
ty
RECITALS
A. The Town and the then - owners of the "Willow Ridge" development project, located im-
mediately south of Cortaro Road and just over a half mile east of I -10, entered into the "Willow
Ridge Development .Agreement" recorded in the office of the Pima County Recorder on April
30 2004, at Docket 1 2292, Page 6664 (Sequence 20040841065).
B. A portion of the Willow Ridge development project was originally platted as the 35-lot
"Willow Ridge Custom Lots" subdivision, recorded in the office of the Pima County Recorder
on September 6, 2007, at Book 63 of Maps and Plats, Page 5 (Sequence 20071730602), the land
area of which is referred to in this Amendment as "Willow Vista."
C. The Owner is the current owner of Willow Vista, and is the successor -in- interest to the
"Developer" under the Willow Ridge Development Agreement with respect to Willow Vista,
D. Paragraph 2.2 of the Willow Ridge Development Agreement obligates the owner to pay
the Town an open space, park and trail system contribution of $6,400 for each residential lot
within the Property, payable upon the issuance of a building permit for construction of a resi-
dence on that lot, to be used by the Town to acquire, maintain, enhance and improve lands in the
general vicinity of the Willow Ridge project for the purposes of passive recreation, open space
preservation, habitat restoration, and disturbance mitigation (the "Willow Ridge Mitigation In-
Lieu Fee ").
E. The Town and Pima County entered into an Intergovernmental Agreement to provide Mit-
igation Funding for Wildlife Corridors in the Marana Area dated January 9, 2007, and recorded
with its authorizing resolutions in the office of the Pima County Recorder on January 16, 2007,
at Docket 12971, Page 5921 (Sequence 2007010125 1) (the "Original Mitigation Funding IGA ").
F. The Original Mitigation Funding IGA provided for the Town to transfer to the County
$5,000 per lot of the Willow Ridge Mitigation In -Lieu Fee for the County's purchase of envi-
ronmentally sensitive lands identified and referred to as the "Wildlife Corridors" in the original
Mitigation Funding IGA.
(000424 32. DOC. X 1 7/7/2015 5:02 I'M FJC
AMI:NDMI;NT 0I"I'I I1:: W II i,ow R11)(11: DFNF -1 J. ) 1 M F N "1' A G I1 1 I MINT As IT AP1) 1,11:'S - I'0 W II..I.,0W V 1STA
-I -
G. Willow Vista has not been developed, and the owner contends that it cannot feasibly be
developed as a 35-lot subdivision for reasons including; the general non - marketability of half`
acre Tots, especially in that geographic area; the high cost per lot of subdivision development and
inf rastructurc on that particular site; and the high cost per lot of fees, including the Willow Ridge
Mitigation In -Lieu Fee.
H. On April 7, 2015, the Mar ana Town Council adopted ordinance No. 2015 , 008 (the "Wil-
low Vista Rezoning "), rezoning Willow Vista to Marana R -6 zoning (single- family residential,
minimum lot size 6,000 square feet) to accommodate a 69 --lot residential project (the "Willow
Vista Project."
I. The Town has approved and is awaiting Pima County approval of an amendment to the
Original Mitigation Funding IGA (the "Mitigation Funding IGA Amendment "), which reduces
the amount of the Willow Ridge Mitigation In -Lieu Fee funding the Town shall transfer to Pima
County from $5,000 per lot to $2,537 per lot as it applies to Willow Vista.
J. The Town's approval of the Willow Vista Rezoning and this Amendment are based in paid:
on the Town's acknowledgment of the owner's contentions listed in recital G above.
K. A portion of the willow Ridge Mitigation In -Lieu Fee as set forth in the Willow Vista
Development Agreement has now been offset by later - adopted and amended development im-
pact fees payable by the owner, making it appropriate to eliminate the portion of the Willow
Ridge Mitigation In-Lieu Ii ee that would otherwise be retained by the Town.
own.
L. These are the development impact fees adopted by the Town o f M arana pursuant to A.R.S.
§ 9-- 463.05 and applicable to Willow Ridge after the effective date of'this .Amendment:
(A) South Transportation Impact Fee, $3,465 per lot
(B) Park Impact Fee, $2,461 per lot
(C) Water Infrastructure Impact Fee, $2,457 per lot
(D) Water Resource Impact Fee, $1,771 per lot
M. The Parties wish to clarify and address various other terms and conditions of the willow
Ridge Development Agreement that have now been satisfied, completed, or superseded.
N. The Parties understand and acknowledge that this Agreement is a "Development Agree-
ment" within the meaning of, and entered into pursuant to the terms of, A, R, S. § 9- 500,05.
0. This Agreement is consistent with the portions of the Town's General Plan applicable to
Willow Vista.
A GRI:.Is ME -N7T
Now, 1 [TIEREFORL, in consideration of the foregoing premises and the mutual promises
and agreements set forth in this Amendment, the Parties hereby agree as follows:
1, Scol-)e of this Amen(lin nt. This Amendment applies only to Willow Vista, being that por-
tion of the Willow Ridge development project originally platted as the 35 -lot "Willow Ridge
Custom Lots" subdivision, recorded in the office of the Pima County Recorder on September 6,
2007, at Boob: 63 of Maps and Plats, Page 5 (Sequence 20071730602).
2. Y'lac' "Proj)erly. " When interpreting the terms and conditions of willow Ridge Devel-
opment Agreement that continue to apply to Willow Vista after this .Amendment, the term the
(00042432. DOC X 1 ?) 717120 15 5:02 PM FR"
AMENDMENT O T1 -11 w I1.i.Ow Riixit: D1:V1 1_0PMFN'I' AtiRF I:M1:: F AS IT AI'P1.11 S TO WILLOW VISTA
-2-
"Property" as used in the Willow Ridge Development Agreement shall have the same meaning
as "Willow Vista."
3. 11pl -)licable Devclopnicnt Regulations. The term "Applicable Development Regulations" as
def=ined in paragraph E of the Willow Ridge Development Agreement Recitals is hereby amend-
ed to replace subparagraphs "0" and "ii }" with the following:
(A) The Marana Land Development Code ( including the Written rules, regulations, pro-
cedures, and other policies relating to development of land, whether adopted by the Mayor
and Council or by Town Staff) as it exists as of the date of this Amendment (collectively the
"Marina Development Code "); establishing, among other things, the type of land uses, loca-
tion, density and intensity of such land uses, and community character of the Property;
providing for, among other things, the development of a variety of housing, commercial and
recreation/open space opportunities; and establishing neighborhood and residential design
guidelines.
(B) The conditions of Marana ordinance No, 2015,008, adopted on April 7, 2015 (the
"Rezoning ").
4. Develolmient rnymct ft- , es. The owner shall pay all Town of Marana development impact
fees adopted pursuant to A.R.S. § 9- 463.05 and applicable to Willow Vista at the time payment
is due.
5. Transportation iml) a fcc. Paragraph 2.1 of the Willow Ridge Development Agreement is
hereby replaced with the owner's obligation to pay the South Transportation Impact Fee appli-
cable to Willow Vista at the time payment is due.
6. open space,1)ar k, and tr ail systern contribution. The Willow Ridge Mitigation In -Lieu Fee
(see recital D above) is reduced from $6,400 per lot to $2,537 per lot for the Willow Vista Pro-
j ect.
7. Cortaro Road design and construction cos is, The Parties acknowledge that the Develop-
er's obligations under paragraph 2.3 of the Willow Ridge Development Agreement have been
fully satisfied.
8. Water and wastewater utilities. Paragraphs 2.4 and 2.5 of the Willow Ridge Development
Agreement shall remain in force and continue to apply to Willow Vista, except that the "Appli-
cants" is changed to the "owner."
9, onsitc private rccrcationtd , ftcilities, Paragraph 2,6 is hereby deleted as it applies to Wil-
low Vista. The Willow Vista Project has a gross density of 2.25 residences per acre, The 185
square foot per lot onsite private recreational facilities requirement of Marana Land Develop-
ment Code section 06.03.02 paragraph I does not apply to residential projects with a density less
than 3.0 dwelling units per gross acre.
10. Fire protection, The Parties acknowledge that the owner's obligations under paragraph
2.7 of the Willow Ridge Development Agreement have been fully satisfied.
11. School land. Paragraph 2.8 of the Willow Ridge Development Agreement shall remain in
force and continue to apply to Willow Vista, except that the "Applicants" is changed to the
"owner. ".
{00042432, D0CX 1 ?) 7/7/2015 5 :02 VM I=.IC`
AMI NI]MI N'I' C)I `rI II: WII..I.,ow Rii)( ACJIZI I MINT AS I'I' AI'I'I.II:S TO W II. XIM VISTA
- 3 -
12. l nvirc tmi.ental sensitivitj), Article 3 of the Willow Ridge Development .Agreement shall
remain in force and continue to apply to Willow Vista, except that the "Applicants" is changed to
the "Owner,"
13. Cooperation and alternative dispute resolution. Article 4 of the Willow Ridge Develop -
ment Agreement shall remain in force and continue to apply to Willow Vista, except that the
"Applicants" is changed to the "Owner" and the initial representative for the Owner shall be Joe
Heater.
14. Protected dcvelolmmcnt rights. The Parties acknowledge that the period of protected de-
velopment rights under Article 5 of the Willow Ridge Development Agreement has lapsed.
15. P uturfe imlwict, es, Article 6 of the Willow Ridge Development Agreement is hereby re-
placed by the Town's obligation to provide such development impact fee credits for the Willow
Vista Project as provided by Arizona law.
1 Notices and fi lings. filings. Notices to the Owner under Article 7 of the Willow Ridge Develop-
ment Agreement shall be made as follows:
To the Town: Gilbert Davidson, Town Manager
11555 West Civic Center Drive
Marana, Arizona 8 5 6 53
With a copy to: Marana Town Attorney
11555 West Civic Center Drive
Marana, Arizona 85653
To the Owner: Ii IDI;I_.rrY N A1 - 10 NAi T1`ri' AG1 NC'Y l NC C. Trust No. 60,411
6245 East Broadway, Suite 180
Tucson, Arizona 85711
With a copy to: HEATER INVEST INC. 401 K PSP
Attn: Joe Heater
7486 North Secret Canyon Drive
Tucson, Arizona 85718
17. General ter ins and conditions, Article 8 of the Willow Ridge: Development Agreement
shall remain in force and continue to apply to Willow Vista, except that the terms the "Develop-
er" and the "Applicants" are changed to the "
18. Term. Applying paragraph 8.2 of the Willow Ridge Development Agreement, this
Amendment and the Willow Ridge Development Agreement terminates on September 14, 2024 -
the twentieth anniversary of the effective date of the Willow Ridge Development Agreement,
The effective date of the Willow Ridge Development Agreement was tied to the effective date of
Marana Ordinance 2004.07, which Was adopted on April 20, 2004, but did not become effective
until after it was approved via referendum by the voters as Proposition 400 on September 7,
2004. The canvass of votes for the September 7, 2004, referendum on Proposition 400 was ap-
proved on September 14, 2004.
19. F,(
. ff�cth)e data. This Amendment is effective on the last of the following to occur:
(A) The eff ective date of the Marana resolution approving and authorizing the Mayor to
sign this Amendment
(00042432 DOC X 1 ?) 7/7/201 5 :02 PM I =.ICS
A M f" N 1) M L'INT OF `I'l -II W ILI -,0W RI 1)(31 -: D I;VI:I_C)PMI -:N'I AGRI I:MF:N`1' AS IT 111 - 1 1)1.11 S "F0 W II..I..OW V IS'I'A
-4-
( B ) The date this Amendment is recorded in the office of the Pima Count Recorder
(C The effective date of the Pima Count Board of Supervisors resolution approvin and
authorizin the Board Chair to si the Miti Fundin IGA Anicndnient ( see recital I
above)
20. Conflict of Intei-est. This Amendment is subject to AKS. § 38-511, which provides for
cancellation of contracts in certain instances involvin conflicts of interest.
IN WITNESS WHEREOF, the Parties hereto have executed this A as oftlic last date set
forth below their respective si
The "Town":
ToWN OF MAIZANA, an A ona municipal
corporation
B
Ed �H n ea, Ma
Date: ,� �`�
ATTEST:
Y e
l C. Cyonson, Town Clerk
The "Owner":
FIDELITY NATIONAL TITLE AGENCY, INC., an
Arizona corporation, as Trustee under Trust
N o. 4l I onl and not in its corporate
capacit
B
Its: a 4t.-
Date: 01• • Zr
Ai-)i)iwvED AS Foizm:
Count of Pima
The fore instrument was acknowled before me on J4 gXndge - by
Of
FIDF,uTy NATIONAL, TITLE AGENCY, INC., an Arizona corporation, Trustee Under Trust No.
60 onl a not i n ranaQi4L,--
I S
OFFICIAL E►L
(Seal) E SHERRY G. SOURIS-1
m
NOTARY PUBLIC, -ARIZONA Nota
PIMA COUNTY
M Comm. Exp. Nov. 15, 2
(00042432.DOCX / 2) 71712015 5:02 PM FJC
AMENDMENTOFTHE WILLOW RIDGE DEVELOPMENT AGREEMENTAS IT APPLIFIS TO WILLOW VISTA
-5-