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HomeMy WebLinkAboutOrdinance 2016.014 Approving rezoning Camino de Oeste3. 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 Water 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. S. 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 plaster 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 the 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 144. 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. 10. '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. Marana ordinance No. 2016,014 -2- 1 1. Prior to the issuance of an g radin g permits, the Propert Owners shall submit evidence to the Town that all federal permit re have been met throu the Corps of En and the State Historic Preservation Office if federal permits are re for the development of the Rezonin Area. 12. A 100% clearance surve for the desert tortoise shall be completed b a q ualified biolo at the Propert Owners' expense and a surve report shall be submitted to the Town and to the Arizona Game and Fish Department (AZGFD) prior to issuance of an g radin g permits. If a desert tortoise is found durin the surve or at an time durin construction, the Propert Owners shall immediatel notif the Town and AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handlin Guidelines at the Propert Owners' expense. 13. The Propert Owners shall not cause an lot split of an kind without the written consent of the Town of Marana. 14. All homes constructed in the Rezonin Area shall be one stor Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and i-notions 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 j urisdiction, such decision shall not affect the validit of the remainin portions of this ordinance. PASSED AND ADOPTED b the Ma and Council of the Tow of Marana, Arizona, this 2 nd da of Au 2016. MARANA 7 Ma y Ed !Honey ATTEST: Al111R0VF1,D AS '110 11ORM-, 00� el C. onson, Town Clerk F4 C, nk C id Tow orne Marana Ordinance No. 2016.014 -3 - Exhibit A —Legal Description .......... Exhibit A —LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 1: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILAAND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. EXCEPT THE EAST 30 FEET AS CONVEYED TO PIMA COUNTY, ARIZONA BY DEED RECORDED IN DOCKET 4474, PAGE 335. PARCEL THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILAAND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. PARCEL 3; THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILAAND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. EXCEPT THE NEST 30 FEET THEREOF; AND FURTHER EXCEPT LYING WITHIN THE PROPERI Y TAKEN IN FINAL ORDER OF CONDEMNATION CASE NO. C20001137 RECORDED APRIL 30, 2001 IN DOCKET 11538, PAGE 2589. PARCEL 4; THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILAAND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. EXCEPT THE EAST 30 FEET AS CONVEYED TO PIMA COUNTY, ARIZONA, IN DOCKET 4474 AT PAGE 339. Camino de 4este