The URL can be used to link to this page

Home My WebLink AboutOrdinance 2016.023 Approving rezoning of Camino de MananaF. ANN RODRICUEZ, RE CORDER Recorded By: JSR DEPUTY RECORDER 497 SMARA TOWN OF MARANA PICKUP A � ff//�'�,, R 1 1 If_.. ``�yy..��yr� ea��t✓c'�s SEQUENCE: 20163440412 NO. PAGES: 4 ORD IN 12/09/2016 14:44:36 PICK UP AMOUNT PAID: MARANA ORDINANCE NO. 2016.023 $r7 . 0 RELATING T O DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 45 ACRES OF LAND LOCATED EAST OF CA.MINO DE MA.NANA APPROXIMATELY 118TH MILE SOUTH OF THE DESERT FALCON LANE .A.LIGNMENrF FROM 44 R-36" SINGLE-FAMILY RESIDENTIAL TO "R-6" SINGLE- FAMILY RESIDENTIAL WHEREAS Manana Property, LLC, an .Arizona limited liability company, (the "Property Owner's), owns approximately 45 acres of property located on the east side of Camino de Manana approximately 1 18 1 ' mile south of the Desert Falcon Lane alignment within Section 12, Township 12 South, and Range 1.2 Fast, described and depicted on Exhibit "A" attached to and incorporated in Lhis Ordinance by this reference (the "Rezoning Area "); and WHEREAS the property owner has authorized the Planning Center to submit an application to rezone the Rezoning Area from "R-36" Single - Family Residential to "R -6" Single - Family Residential ( "this Rezoning "); and WHEREAS the Marana Planning Commission held a public hearing on October 26, 2016, and voted 7-0 to recommend that the Town Council approve this Rezoning, subject to the recommended conditions and adding additional conditions; and WHEREAS the Marana Mayor and Town Counci 1 held a public hearing on December 6, 2016 and determined that this :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 "R -36" Single - Family Residential to "R -6" Single - Family Residential. 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 I..,and Development Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owner and its successors in interest (all of whom are collectively included in the term "`Property Owner's 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. 2e Any preliminary plat or development plan for any portion of the Rezoning, Area shall be in general conformance with. the Conceptual Development Plana presented to and approved by the Town Council as part of this Rezoning. Oi No. 2016.023 r- 1 - 12/6/2016 BDVI1 iC 3. A. master drainage study roust be submitted 'by the Property Owner 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 Owner 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 Owner and, accepted by 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 Owner 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 plaster 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), roust be accepted by Northwest Tire 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 82. 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 Owner 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 Owner 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 owner 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 Owner Ordi ante No. 20 16.023 -2- 1 2/6/2016 BDV/FJC shall arrive at an a solution to the use of those water ri appurtenant to the affected portion of the Rezonin Area. 11. Prior to the issuance of an g radin g permits, the Propert Owner shall submit evidence to the Town that all federal permit re have been net th 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 Owner's 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 Owner shall immediatel notif the Town and the AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handlin Gui&4ines at the Propert Owner's expense. 13, The Propert Owner shall not cause an lot split of an kind without the written consent of the Town of Marana. 14. A 100-foot lot line setback with landscape buffer achievin 75% ve screenin shall be provided alon the entire north propert boundar 15.. Screen walls at a hei of four feet shall be constructed alon the north side of the two westernmost cul-de-sacs, and a perimeter wall at a hei of five feet shall be constructed alon the north side of all lots alon the northern project boundar 16. All structures constructed alon Camino de banana shall be constructed as sin 17. The maximum hei of the structures constructed on the two northernmost rows of lots ( 8 lots closest to the north propert boundar shall be 18 feet for pitched roofs and 16 feet for hip roof"s. 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 j urisdiction, such decision shall not affect the validit of the remainin portions hereof. PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona, this 6t" da of December, 2016. V - , N `NA7 L ATTEST'. o'cel C/Ironson, Town Clerk Oi-dinancc No. 2016.023 Ma Ed Honea -3 12/6/2016 BDV/FJC EXHIBIT " A " LEGAL DESCRIPTION PARCEL l: The North half of the South half of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona; EXCEPT any portion lying West of the East line of El Camino de Manana as shown on Road Maps recorded in the office of the County Recorder of Pima County, Arizona, in Book 2 of Road Maps at page 1 , 2 and 3. PARCEL 2: The South half of the North half of the Northwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona; EXCEPT any portion lying West of the East line of El Camino de Manana as shown on Road Maps recorded in the office of the County Recorder of Pima County, Arizona, in Boob 2 of Road Ma s at pacle 1, 2 and 3. File No. 05504 -13612 STEWART TITLE Commitment Sch A SAC GUARANTY COMPANY