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HomeMy WebLinkAboutOrdinance 2017.013 Approving rezoning of approx 103.2 acres of land -- Lazy K Bar Ranch . ... M. .w. M.... .. .. _ _ _....... .. ........m...._..................... ........................... 9, F. ANN ROD R I GUE Z, RECORDER :. Recorded By.- LW ° DEPUTY RECORDER is 3 SEQUENCE: 20171420097 41 ` NO. PAGES: S W x' , ORDIN 05/22/2017 MARANA TOWN OF 10 10:19:44 PICKUP ° PICK UP AMOUNT PAID- $12.00 MARANA ORDINANCE NO, 2017*013 RELATING TO. DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 103.2 ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD WEST OF THE SCENIC DRIVE ALIGNMENT, FROM RR (RESORT AND RECREATION) TO F (SPECIFIC PLAN) FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR RANCH SPECIFIC PLAN; APPROVING A MINOR AMENDMENT TO THE GENERAI� PLAN; AND APPROVING AND AU".THORIZING THE MAYOR TO SIGN THE LAZY K BAR RANCH DEVELOPMENT AGREEMENT WHEREAS LKB Ranch, LLC, LKB Hotel, LIC, and LKB Retained Land, LLC (collectively the "Property owners") own a total of 138.2 acres of property located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, within a portion of Section 29, Township 12 South, Range 12 East (the "Larger Parcel"), and desire to change the zoninof g 103.2 acres of the total property owned, described and depicted on Exhibit A attached to and incorporated in this ordinance by this referenceg Area(the "Rezoning and � WHEREAS the Property owners have authorized The Planning Center to submit applications -to rezone the Rezoning Area from RR (Resort and Recreation) to F (Specific Plan) ("this Rezoning"), amend. the Marana General Plan from Rural Density Residential (RDR) to Master Plan.Area(MPA), and to process a development agreement for the Rezoning Area; and WHEREAS the Marana Planning Commission held a public hearing on April 26, 2017, and voted 4 to 1 to recommend that the Town Council approve this Rezoning and its associated General Plan amendment, subject to the recommended conditions and an additional condition° and WHEREAS Town staff has negotiated the terms of the Lazy K Bar Ranch Development . y p t Agreement- with the Property owners to address matters associated with this Rezoning and governing the development of the Larger Parcel; and WHEREAS the Marana Mayor and Town Council finds that the Lazy K Bar Ranch Development Agreement, provided in the agenda materials associated with this Council agenda item, is consistent with the Marana General Plan, this Rezoning, the prior development agreement applicable to that portion of the Larger Parcel not included in this Rezoning, and all other applicable Town regulations and policies, and WHEREAS the Marana Mayor and Town Council find that this Rezoning, its associated General Plan Amendment, and the Lazy K Bar Ranch Development Agreement are in the best interest of the Town and its citizens and should be approved. 000523 s 8.DOCX/2 Ordinance No.2017.013 w 5/16/2017 10:20 PM r� r•- MARANA ORDINANCE N0, 2017.013 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 103.2 ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD, WEST OF THE SCENIC DRIVE ALIGNMENT, FROM RR (RESORT AND RECREATION) TO F (SPECIFIC PLAN) FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR. RANCH SPECIFIC PLAN; APPROVING A MINOR. AMENDMENT TO THE GENERAL PLAN; AND APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE LAZY K. BAR RANCH DEVELOPMENT AGREEMENT WHEREAS LKB Ranch, LLC, LKB Hotel, LI.C, and LKB Retained Land, LLC (collectively the "Property owners") own a total of 138.2 acres of property located at the west terminus of Pima Farms Road, west of the Scenic Drive alignment, within a portion of Section 29, Township 12 South, Range 12 East (the "Larger Parcel"), and desire to change the zoning of 103.2 acres of the total property owned, described and depicted on Exhibit A attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS the Property Owners have authorized The Planning Center to submit applications to rezone the Rezoning Area from RR (Resort and Recreation) to F (Specific Plan) ("this Rezoning"), amend the Marana General Plan from Rural Density Residential (RDR) to Master Plan Area(MPA), and to process a development agreement for the Rezoning Area; and WHEREAS the Marana Planning Commission held a public hearing on April 26, 2017, and voted 4 to I to recommend that the Town Council approve this Rezoning and its associated General Plan amendment, subject to the recommended conditions and an additional condition; and WHEREAS Town staff has negotiated the terms of the Lazy K Bar Ranch Development Agreement with the Property Owners to address matters associated with this Rezoning and governing the development of the Larger Parcel; and WHEREAS the Marana Mayor and Town Council finds that the Lazy K. Bar Ranch Development Agreement, provided in the agenda materials associated with this Council agenda item, is consistent with the Marana General Plan, this Rezoning, the prior development agreement applicable to that portion of the Larger Parcel not included in this Rezoning, and all other applicable Town regulations and policies; and WHEREAS the Marana Mayor and Town Council find that this Rezoning, its associated General Plan Amendment, and the Lazy K Bar Ranch Development Agreement are in the best interest of the Town and its citizens and should be approved. 00052358.nOCx/2 Ordinance No.2017.013 5/16/2017 10:20 1'M NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows.- Section ollows:Section 1. The zoning of the Rezoning Area is hereby changed from RR (Resort and Recreation) to F (Specific Plan), creating the Lazy K Bar Ranch Specific Plan, attached to and incorporated in this Ordinance by this reference. Section 2. A minor amendment to the General Plan is hereby approved, changing the land use plan category for the Rezoning Area from Rural Density Residential (RDR) to Master Plan Area(MPA). Section 3. The Lazy K Bar Ranch Development Agreement is hereby approved in the form provided in the agenda materials associated with this Council agenda item as modified pursuant to Council action during its public hearing on this item, and the Mayor is hereby authorized and directed to sign it for and on behalf of the Town of Marana. Section 4. `his 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 Code (but which shall not cause a reversion of this Rezoning), and which shall be binding on the Property Owners and their successors in interest (all of whom are collectively included in the term"Property Owners" 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 Land Use Concept Plan presented to and approved by the Town Council as part of this Rezoning, including the following: a. No back-to-back lots are permitted (that is, the rear property lines of lots shall not touch) b. Lots shall be a minimum of 6,000 square feet and lot sizes shall conform to the following minimum requirements: LOT SIZE TOTAL NUMBER PERCENT OF TOTAL 6,000 to 6,999 square feet Not more than 78 Not more than 44% 9,000 square feet and larger At least 80 At least 45% -of which those 10,000 square feet and larger shall be At least 25 At least 21% -of which those 1 1,004 square feet and larger shall be At least 13 At least 7% 3. 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. 00052358.DOCX 12 Ordinance No.2017.013 - 2 w 5/16/2017 10:20 111M 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property owners and accepted by Marana water Department (the "water provider") prior to approval of any preliminary plat or development plan 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. As represented and offered by the Property owners during the Council's public hearing on this Rezoning: a. the WIP shall include extension of the potable water main within the Scenic Drive right-of-way to a point at least 400 feet north of the north boundary of the Larger Parcel; and. b. if requested by the Water Director no later than the date for approval of a tentative plat for any portion of the Rezoning Area, the Property owners shall dedicate the existing well and well site (substantially the fenced-in area surrounding the existing well) to the water provider at no cost no later than the date of recording a final plat for any portion of the Rezoning Area. 5. A.master sewer plan must be submitted by the Property owners 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. d. 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), 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 not exceed 178. 9. All lots within the Rezoning Area shall be limited to one-story construction in accordance with the Lazy K Bar Ranch Specific Plan. 00052358.DoCx/2 Ordinance No.2017.013 - 3 - 5/16/2017 10:20 PM 10. 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. 11. 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. 12. Prior to the issuance of any grading permits, the Property Owners 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. .13. 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 owners 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 Owners' expense. 14. The Property Owners shall not cause any lot split of any kind on the Rezoning Area without the written consent of the Town of Marana. 15. 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. 16. Development of the Rezoning Area shall be subject to the terms, restrictions and requirements of the Lazy K. Bar Ranch Development Agreement. 17. within 60 days after the adoption of this ordinance, the Property Owners shall provide the Planning Department with ten bound copies and three electronic copies (on CD) in PDF format of the Lazy K. Bar Ranch Specific Plan document as amended by this ordinance and by the Marana Town Council action approving this ordinance. 18. The Property [owners shall enter into an open space covenant with a third party conservation entity in substantially the form presented by attorney Pat Lopez at the Council's public hearing on this item, to ensure that the open space areas approved within. future development of the Larger Parcel remain as open space in perpetuity. 00052358.Docx/2 Ordinance No.2017.013 - 4 - 5/16/2017 10:20 PM Section resolutions and i-notions and parts of ordinances, resolutions ection 5. All ordinances, 3, 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 C. 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 of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 161' day of May, 2017. Mayor EA Honea ATTEST: APPROVED AS TO FORM: celyn C. ronson, Town Clerk r Cass* Town Attorne MARANA AZ F".s'r A B L 1 IS H F 4D 1977 00052358.DOCX/2 Ordinance No.2017,013 - 5 - 5/16/2017 10:20 PM May 8, 2017 WLB No. 113021-B-001 WALEGALS11 13021\Lazy K rezone legal-doc EXHIBIT 'A' Te LEGAL DESCRIPTION - B LAZY K JM,?UP); REZONE BOUNDARY That certain portion of Section 29, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows, COMMENCING at the Center Quarter Corner of said Section 29 from which the North quarter::corner lies N 00005'59" W, a distance of 2643.13 feet'. THENCE N 0000559" W, along the North - South mid-section line of said section 29, a distanceof 30.00 feet; THENCE :S, 89'54'27" W, a distance of 180.00 feet, said point being the POINT OF BEGIN.N:ING; THE.NC.E.S 00006'30" E, a distance of 442.61; THENCE S 89053'55" W, a distance of 418,20 feet; THENCE S 84002'36"W, a distance of 309.27 feet; THENCE.N.88"2012" W, a distance of 425.39 feet-, THENCE.S .21059'34"W, a distance of 495..72 feet; THENC.E .S 24047'50'f E, a distance. of 256.60 feet; THENCE..S 89058'03" W, a distance of 1081.46 feet-, THENCE N 00004'29" W, a distance of 1158.52 feet; TH.ENCE .N.00004'36"W, a distance of 1167.87 feet; THENCE.N 89"57'33" E, a distance of 2287.72 feet; THENCE Southeasterly, along the.arc of said curve to the left, having a radius of 195.00 feet, a-central angle of 30'51'33", the chord of which bears S 30047'58" E, a distance of 103.76fe-et., for an arc length of 105.03 feet; THENCE S 0000559" E, a distance of 1052.55 feet; THENCE S 89054'27" W, a distance of 30.00 feet to the POINT OF BEGINNING, Page 1 of 3 (Sketch is Page 3) May 8,21017 WLB No. 118021-Bµ001 ALEGAL 111,302111.,azy K rezone IegaI.doc Prepared By: THE WLB.GROUP, INC. LAN .Peter.Q. Cote, RLS 44121 A � 4412.1 PETER D. C N A EXPIRES 3-31-2013 'age 2 of 3 (Sketch is Page 3) N-Y4 CORNER SEC 29 T12Sv R.�.2E .............. M lett ................---------------- 150.00, (Typ) 0 0 � 0 o ........................ ...................... m ................. ...... ........................ C 4 CORNER ....... ................................................................................... ....... -I-I-I--'.-.' -,".-1"".... '4- -.-,-.-, 'I-.--- -.',-.- SEC 29 ......................... ..................................................................... ... T12Ss R12E POINT OF COMMENCEMENT .� ............. .................. ...... .................. BEI�NI �N :;::::: C� m 4­6221.,,.22-016C .................................... .. ......................... 221--22-016D 221-22-013F 221-22-016E 221-22-013N . ..... 221-22-�1.�Cx X21-22-Oal�R 221-22-0140 221-22-01.51D ti W (q W i Q .�' HIBIT TO ACCOMPAIVY DESCRIPTION OF REZONE BOUNDARY LAZY K SECTION 29.9 T-12S �Y �j �� 1 "-60q' p R-12Ea �el.7elb.19.�op PIMACO�'T.N ', ARIZONAWLB p�a lwl - E WI.B No. 1 13021--D001 Grou N:\113021\Survey\R0S—F0R LEGAL.dwg PAGE 3 OF 3