HomeMy WebLinkAboutOrdinance 2017.008 Approving rezoning 34 acres Twin Peaks Rd and Lambert Lane F. ANN RODRI GUE Z, RECORDER
Recorded By: JAL ,° J4
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DEPUTY RECORDER 41byC� SEQUENCE: 20171000059
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SMARA �' ORDIN 04/10/2017
TOWN OF MARANA � ZU 10:16:10
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AMOUNT PAID: $8.50
MAR.ANA ORDINANCE NO. 2017,008
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 34
ACRES OF LAND LOCATED EAST OF TWIN PEAKS ROAD AND NORTI-4 of THE
LAMBERT LANE ALIGNMENT FROM R-144 (SINGLE-FAMILY RESIDENTIAL) To RW6
(SINGLE-FAMILY RESIDENTIAL)
WHEREAS Chun--Ping Frank Lin (the "property owner") owns approximately 34 acres
of property located on the east side of Twin Peaks Road north of the Lambert Lane alignment
within Section 11, Township 12 south, Range 12 East, described and depicted on Exhibit CUA"
attached to and incorporated in this ordinance by this reference (the "Rezoning Area99)- and
WHEREAS the Property owner has authorized The wLB Group to submit an application
to rezone the Rezoning Area from. R-144 (Single-Family Residential) to R-6 (Single-Family
Residential), ("this Rezoning"); and
WHEREAS the Marana Planning Commission held a public hearing on March 29, 2017,
and voted 7-0 to recommend that the Town Council approve this Rezoning, subject to the
recommended conditions with the deletion of one condition; and
WHEREAS the Marana Mayor and Town Council held a public hearing on April 49 2017
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-144 (Single-
Family Residential) to R.W6 (Single-Family Residential).
Section 2. This Rezoning is sub*ect 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
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 whore are collectively included in the term
"Property owner" 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.
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,
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4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owner 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 Owner must
enter into a water service agreement with the water provider consistent with the accepted
WIP.
5. A master sewer plan roust 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 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 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),
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 59,
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
Wager 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 lI is needed on the Rezoning Area, the -'own 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
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Marana Ordinance No.2017.008 - 2 - 3/28/2017 4:50 PM
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 Owner's 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 AZGFD Tortoise Handling Guidelines at the Property
Owner's expense.
13. The Property Owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
14. Lots 6 through 15 and 43 through 59 as shown on the site plan presented to the Town
Council shall be limited to one-story construction.
15. At the time a final subdivision plat is submitted for the Rezoning Area, the Property Owner
shall dedicate additional right-of-way to provide a total half-width of 75 feet for Lambert
Lane along the entire south boundary of the Rezoning Area. Where 30 feet of right-of-way
width currently exists, an additional width of 45 feet will be dedicated. Where no right-of-
way currently exists, the entire 75 feet will be dedicated. In lieu of requiring an additional
permanent waterline easement in the Rezoning Area, the Town shall accommodate the
placement of Metropolitan Domestic Water Improvement District water facilities within the
dedicated Lambert Lane right-of-way.
16. At the time a final subdivision plat is submitted for the Rezoning Area, the Property Owner
shall dedicate 30 feet of right-of-way along the entire east boundary of the Rezoning Area for
Blue Bonnet Road.
17. The Property Owner shall dedicate a public sewer easement through the Rezoning Area
extending from the Twin Peaks Road right-of-way to the 40-foot sewer easement along the
east property boundary, enabling sewer facilities to be provided to future development west
of Twin Peaks Road.
18. During construction of the subdivision, the Property Owner shall grade the Lambert Lane
access drive from the west property boundary of Parcel. No. 216-32-021C east to the Blue
Bonnet Road alignment.
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
hereby repealed, effective as of the effective date of this ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
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Marana Ordinance No.2017,008 - 3 - 3/28/2017 4:50 I'M
PASSED AND ADOPTED by the Mayor andl Council of the Town of Marana, Arizona,
this 4t"day of April, 2017.
Mayor E I-lonea
.ATTEST': APPROVE, ASTO FORM:
L��k Casy, "1 hey
4celyinf. nsonjown Clerk
MARANA AZ
ESTABLISHED 1977
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Marana Ordinance No.2017,008 - 4 - 3/28/2017 4:50 PM
Order Number:127973 AF 3rd Amendment Escrow Officer:Areta Finch at(520)901-4183
Exhibit"A"
PARCEL 1:
That portion of the South half of the Southwest quarter of the Southeast quarter of Section
11,Township 12 South,Range 12 East,Gila and Salt River Base and Meridian,Pima County,
Arizona,lying Southeasterly of the Camino de Manana Road No.220,as recorded in Book of
Maps at page 2,in the office of the Pima County Recorder,Pima County,Arizona.
EXCEPT that portion conveyed in Docket 13648 at page 2596 and re-recorded in Docket
13663 at page 3648,and also recorded in Docket 13688 at page 23,described as follows:
COMMENCING at the Southeast corner of said Section 11,being a found 1-1/4 inch open iron
pipe with a nail inside;
THENCE North 89 degrees 29 minutes 27 seconds West upon the South line of said Southeast
Quarter,a distance of 1580.19 feet to the POINT OF BEGINNING;
THENCE continuing North 89 degrees 29 minutes 27 seconds West upon said South line,a
distance of 92.95 feet to the Southeasterly right of way of Camino de Manana,as recorded in
Book 2 of Road Maps at page 1,Pima County Recorder's office,Pima County,Arizona;
THENCE North 25 degrees 10 minutes 27 seconds East upon said right of way,a distance of
670.91 feet to a point of curvature of a tangent curve concave Southeasterly;
THENCE Northeasterly upon said right of way and upon the arc of said curve,to the right,
having a radius of 1402.50 feet and a central angle of 1 degrees 58 minutes 02 seconds for an
arc length of 48.15 feet to a point on the Westerly right of way line of Decker Drive as
recorded in Book 23 of Road Maps at page 40,Pima County Recorder's office,Pima County,
Arizona;
THENCE South 01 degree 19 minutes 42 seconds East upon said right of way line,a distance
of 6.37 feet;
THENCE South 01 degrees 22 minutes 22 seconds East upon said right of way line,a distance
of 186.45 feet to a point on a line 87.00 feet Southeast of and parallel with said Southeasterly
right of way of Camino de Manana;
THENCE South 25 degrees 10 minutes 27 seconds West upon said parallel line,a distance of
424.68 feet to a point of curvature of a tangent curve concave Northwesterly;
Order Number:127973 AF 3rd Amendment Escrow Officer:Areta Finch at(520)901-4183
THENCE Southwesterly upon the arc of said curve,to the right,having a radius of 1364.00
feet and a central angle of 3 degrees 29 minutes 32 seconds for an arc length of 83.14 feet to
the POINT OF BEGINNING.
(JV Arb 105)
PARCEL 2:
A portion of the property described in Docket 462 at page 330 in the Southeast quarter of
Section 11,Township 12 South,Range 12 East,Gila and Salt River Base and Meridian,Pima
County,Arizona,described as follows:
The West 60 feet of the East half of the Southeast quarter of said Section 11 lying South of the
new alignment of Camino de Manana/Dove Mountain Boulevard Extension as shown in the
Town of Marana Right of Way Pians,Project No.2001-52,further described as follows:
COMMENCING at the Southeast corner of said Section 11 being a found 1% inch open iron
pipe with a nail inside,bearing South 89 degrees 29 minutes 27 seconds East a distance of
2701.63 feet from the South quarter corner of Section 11,a stone marked 1/4 on the North
face;
THENCE North 89 degrees 29 minutes 27 seconds West upon the South line of said Southeast
quarter a distance of 1290.84 feet to the POINT OF BEGINNING;
THENCE continuing North 89 degrees 29 minutes 27 seconds West upon said South line,a
distance of 60.03 feet to the East one-sixteenth corner of the Southeast quarter of Section 11;
THENCE upon said sixteenth line North 01 degrees 22 minutes 22 seconds West,a distance of
460.63 feet to a point on the Southeasterly line of said new right-of-way alignment;
THENCE upon said right-of-way line North 25 degrees 10 minutes 27 seconds East a distance
of 134.25 feet to o point on a line 60.00 feet East of and parallel with said sixteenth line;
THENCE upon said parallel line South 01 degrees 22 minutes 22 seconds East a distance of
582.70 feet to the POINT OF BEGINNING.
(JV Arb 297)
PARCEL 3:
Order Number:127973 AF 3Yd Amendment Escrow Officer:Areta Finch at(520)901-4183
All that portion of the Southeast quarter of the Southeast quarter of Section 11,Township 12
South,Range 12 East,Gila and Salt River Base and Meridian,Pima County,Arizona lying
South of the South right-of-way line of Camino de Manana;
EXCEPT the West 60 feet and the South 30 feet thereof;
FURTHER EXCEPT that portion conveyed in Docket 13586 at page 3811 and described as
follows:
That portion of the parcel described in Docket 6210 at page 825,records of Pima County,
Arizona Recorder,located in the Southeast Quarter of the Southeast Quarter of Section 11,
Township 12 South, Range 12 East,Gila and Salt River Base and Meridian,Pima County,
Arizona,lying Northwesterly of the Southeasterly right of way of Camino de Manana as
proposed by the Town of Marana Project No.2001-52,described as follows:
BEGINNING at the Northeast corner of the parcel described in Docket 6210 at page 825,also
being the Northeast corner of the Southeast Quarter of the Southeast Quarter of Section 11,
from which Southeast corner of Section 11 bears South 02 degrees 02 minutes 10 seconds
East;
THENCE North 89 degrees 54 minutes 28 seconds West,along the North line of the parcel,a
distance of 327.83 feet to the point of beginning on the proposed Southeasterly right of way;
THENCE continuing along the North line of the parcel,North 89 degrees 54 minutes 28
seconds West,a distance of 124.20 feet to a point on the Southeasterly right of way of
Camino de Manana as it exists;
THENCE along the existing right of way,South 67 degrees 06 minutes 42 seconds West,a
distance of 357.43 feet to the beginning of a tangent curve concave to the Southeast;
THENCE Southwesterly along the curve having a radius of 686.80 feet and a central angle of
24 degrees 55 minutes 02 seconds,an arc distance of 298.68 feet;
THENCE South 42 degrees 11 minutes 40 seconds West,tangent to the curve,a distance of
238.18 feet;
THENCE South 34 degrees 10 minutes 56 seconds West,a distance of 68.79 feet to the
beginning of a tangent curve concave to the Southeast;
THENCE Southwesterly along the curve having a radius of 1402.70 feet and a central angle of
2 degrees 55 minutes 50 seconds,an arc distance of 71.75 feet to the West line of the parcel
described in Docket 6210 at page 825;
THENCE South 01 degrees 20 minutes 54 seconds East,a distance of 146.28 feet to the
Order Number:127973 AF 3111 Amendment Escrow Officer:Areta Finch at(520)901-4183
proposed right of way of Camino de Manana;
THENCE along the proposed right of way,North 25 degrees 10 minutes 27 seconds East,a
distance of 91.35 feet to the beginning of a tangent curve concave to the Southeast;
THENCE Northeasterly,along the curve having a radius of 880.00 feet and a central angle of
41 degrees 56 minutes 15 seconds,an arc distance of 644.11 feet;
THENCE North 67 degrees 06 minutes 42 seconds East tangent to the curve,a distance of
196.11 feet to the beginning of a tangent curve concave to the Northwest;
THENCE Northeasterly,along a curve having a radius of 1030.00 feet and a central angle of
16 degrees 40 minutes 36 seconds,an arc distance of 299.80 feet to the POINT OF
BEGINNING.
(JV Arb 102)