HomeMy WebLinkAboutOrdinance 2017.003 Approving amendment to the Foothills Specific PlanF. ANN RODRI RECORDER
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TOWN OF MARANA
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MARANA ORDINANCE NO. 2017.003
.REI- ..ATIN•G TO DEVELOPMENT; APPROVING AN AMENDMENT To rFHE FOOTHILLS
SPECIFIC; PLAN INCLUDING COMPREHENSIVE REVISIONS TO DEVELOPMENT
S`•I "'ANDARDS AND DESIGN GUIDELINES, AND A NAME CHANGE OF THE PLAN TO
4"APESTRY SPECIFIC PLAN, FOR APPROXIMATELY 395 ACRES OF PROPERTY
LOCA"FED WEST OF rT 1_1ORNYDALE ROAD AND APPROXIMATELY ONE QUARTER
MILE NORTH OF MOORE ROAD
WHEREAS Tapestry Properties I11, L.L.C., an Arizona limited liability company, (the
"Property Owner "), owns approximately 395 acres of property located west of Thornydale Road
and approximately a quarter mile north of Moore Road within Section 30, Township I I South,
and Range 13 East, described and depicted on Exhibit "A" attached to and incorporated in this
ordinance by this reference (the "Rezoning Area' ); and
WHEREAS the Property owner has authorized the Planning Center to submit an
application for rezoning ( "this Rezoning ") to amend the Foothills Specific flan and make
comprehensive revisions to the development standards and design guidelines as well as change
the name of the plan to Tapestry Specific Plan; and
WHEREAS the Marana Planning Commission held a public hearing on December 21,
2016, and voted 5 to 0 to recommend that the Town Council approve this Rezoning subject to the
recommended conditions and additional conditions; and
WHEREAS further adjustments and clarifications have been. made to the development
standards and grammatical corrections made within the document since the public hearing before
the Marana Planning Commission; and
WHEREAS the Planning Director has determined that the adjustments and revisio
proposed since the Marana Planning Commission's December 21, 2016 public hearing do not
individually or collectively constitute a substantial change to this Rezoning as heard by the
Marana Planning Commission; and
WHEREAS the Marana Mayor and Town Council held a public hearing on ,January 17,
201.7 and determined that this Rezoning should be approved.
Now, THEREFORE, BE IT ORDAINED by the Mayor and Council of the ' of
Marana, Arizona, as follows
Section 1. The Foothills Specific Flan is hereby amended and renamed the "Tapestry
Specific Plan," whose terms and provisions are set forth in an approximately 169 -page document
which is hereby adopted and establishes the zoning regulations applicable to the Rezoning Area,
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 Land Development
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Marana Ordinance NCB. 20 17.003 1/11/20 4:071'M BVI1 C`t
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 terra.
"Property owners" in the following conditions):
I. 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 conceptual 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 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 Tucson water (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 owner 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 Declamation 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 owner 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 plaster 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), 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 be consistent
with the approved specific plan and the Foothills 1 Tapestry Procedural Development
Agreement and Conditional Settlement Agreement.
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Marana Ordinance No. 2017,003 -2- 1/11/2017 4:07 I'M BVIFC
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 11 for the Town
providing designation of assured water supply and water service to the Rezoning Area. If
Type I or Type 11 is needed on the Rezoning Area, the Town and the Property owner
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 owner 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. A 100% clearance survey for the desert tortoise shall be completed by a qualified
biologist at the Property owners expense and a survey report shall be submitted to the
"Town and to the Arizona Game and Fish Department (AZGFD) prior to issuance of any
grading permits. If a desert tortoise is found during the survey or at any time during
construction, the Property owner shall immediately notify the Town and the AZGFD,
and the tortoise shall be moved in accordance with the most current Z(;FD Tortoise
Handling Guide nines at the Property owners expense.
13. The Property owner shall not cause any lot split of any kind without the written consent
of the Town of Marana.
14. A. Native Plant Program (NPP) in accordance with the Marana Land Development Code
must be submitted and approved by the Town of Marana during the review of subdivision
plats for the Rezoning Area.
15. A. natural bufferyard at a depth varying between 20 feet and 30 feet shall be provided
along the west property boundary adjacent to existing residential development in The
Bluffs at Dove Mountain Phase I1.
16. The Rezoning Area shall have a minimum of 45% open space, with a target of 50% open
space. Before the Town issues a building permit for the 300th residential unit on the
Rezoning Area, the Property owner shall submit to the Planning Director documentation
showing how the project will achieve 50/0 open space, or shall provide evidence
satisfactory to the Planning Director and Town Engineer that 50% open space is not
practicable based on the site constraints of the property and the ability to achieve the lot
yield as set forth in paragraph 1.1.2 of the Foothills /Tapestry Procedural Development.
.Agreement and Conditional Settlement .Agreement ( "Settlement Agreement "). For
purposes of this paragraph, open space shall be determined as set forth in paragraph 1..1.3
of the Settlement Agreement.
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Marana Ordinance No. 2017.003 -3 - 1/11/2017 4:07 1'M UVII -'C
17. The intersections of Thorn Road/Moore Road and Dove Mountain Boulevard/
Herita Club Boulevard shall be re-anal at the development plan sta to determine
if further intersection improvements are re
18. The Propert Owner shall construct Ca Road as a two-lane strip-paved roadwa
( asphalt over base course in accordance with the approved g eotechnical report no curbs
or sidewalks between the east boundar of the Rezonin Area and Thorn Road.
19. Final a with all nei propert owners shall be incorporated into the
Tapestr Specific Plan document and the development standards, includin a upon
setbacks and buildin hei restrictions, shall be updated accordin
20. Within 60 da after the adoption of this ordinance, the Propert Owner shall provide the
Plannin Department with ten bound copies and three electronic CD copies in PDF
format of the Tapestr Specific Plan document as amended b this ordinance and b the
Marana Town Council action approvin this ordinance.
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 hereof.
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 17"' da of Januar 2017.
ATTEST:
Ma Ed Hohea
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Marana Ordinance No. 2017,003 - 4 - 1/11/2017 4:07 PM BV/FC
Commitment for Title Insurance
FimtAmerican Title ��
First American Title Insurance Company
Exh
Order No.: 60014245- 001 -RS -BW
LEGAL DESCRIPTION
The Land referred to herein below is situated in the County of Pima, State of Arizona, and is described as follows:
Parcel 14
Lot 3, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona,
TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the North 50 feet of the South half of
the Southwest quarter of the Northeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, lying West of that 60 foot roadway described in Docket 4523 Page 293, Pima
County Records.
TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the South 50 feet of the Northwest
quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and
Meridian, pima County, Arizona;
EXCEPT the East 50 feet thereof and the East 50 feet of the Northwest quarter of the Southeast quarter of Section 30,
Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of that 60
foot roadway described in Docket 4523 Page 293, Pima County Records.
av arb 21)
Parcel 2;
The South half of the Southeast quarter of the Northwest quarter and the Northeast quarter of the Southwest quarter, all in
Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the North 50 feet of the South half of
the Southwest quarter of the Northeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, lying vilest of that 60 foot roadway described in Docket 4523 Page 293, Pima
County Records.
TOGETHER WITH a nonexclusive easement for ingress, egress, and utilities over the South 50 feet of the Northwest
quarter of the Southeast quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and
Meridian, Pima County, Arizona;
EXCEPT the East 50 feet thereof and the East 50 feet of the Northwest quarter of the Southeast quarter of Section 30,
Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of that 60
foot roadway described in Docket 4523 Page 293, Pima County Records.
Ov arb 15, 23)
Parcel 3:
The South half of the Southwest quarter of the Northeast quarter and the Northwest quarter of the Southeast quarter, all in
Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
...... ....... Form 5011600 -A (7 -1 -14) Page 4 ALTA Commitment (6.17 -06)
Exhibit A
r Commitment for Title Insurance
. . ...................... . . .
BY
FirstAmerican Title
First American Title Insurance Compan
Exhibit A (Continued)
....... .... ... ...................
...............
Order No.: 60014245- 001 -RS -BW
Ov arb 18)
Parcel 4:
The South half of the Northeast quaver of the Northeast quarter and the North half of the Southeast quarter of the
Northeast quarter and the North half of the South half of the Southeast quarter of the Northeast quarter, all in Section 30,
Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
EXCEPT the East 75.00 feet.
Ov arb 6)
Parcel 5:
Lot 1, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
EXCEPT that portion described in Docket 11144 Page 2792, re-recorded in Docket 11278 Page 2450, rerecorded in
Docket 11468 Page 2102, Pima County Records.
FURTHER EXCEPT that portion described in Docket 11144 Page 2797, Pima County Records.
FURTHER EXCEPT that portion described in Docket 11146 Page 1606, Pima County Records.
av arb 26)
Parcel 6:
Lot 2, Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona,
av arb 24)
Parcel 7:
The North half of the Northeast quarter of the Northeast quarter and the Northwest quarter of the Northeast quarter of
Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
EXCEPT therefrom any portion thereof lying within Thornydale Road.
Ov arb 8, 9)
Parcel 8:
The Northeast quarter of the Northwest quarter of Section 30, Township 11 South, Range 13 East, Gila and Salt River
Base and Meridian, Pima County, Arizona.
........ .
Form 501160 0-A (7w1 -14) Page 5 ALTA Commitment (6- 17 -06)
Exhibit A
AmegfC Commitment for Title Insurance ... .... . . ......... .
FirstAmerican Title' BY ... .. ...
ISM
First American Title Insurance company
Exhibit A (Continued)
Order No.: 50014245- 001 -RS -Bw
av arb 11)
Parcel 9:
The North half of the Southwest quarter of the Northeast quarter and the North half of the Southeast quarter of the
Northwest quarter, all in Section 30, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona.
Ov arb 10, 12}
TOGETHER WITH a non - exclusive easement for ingress, egress, and utilities over the Sough 30 feet and the East 30 feet
of the South half of the Northwest quarter of the Northeast quarter of said Section 30,
FURTHER TOGETHER WITH a non-exclusive easement for ingress, egress, and utilities over the South 30 feet of the
North half of the Northeast quarter of the Northeast quarter of said Section 30.
----------------------------
Farm 5011600 -A (7 -1 -14) Page 0 ALFA commitment (6- 17 -06)
Exhibit A