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HomeMy WebLinkAboutOrdinance 2007.001 Approving a minor general plan amendment and rezoning for 6055 N. Silverbell Rd. SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12996 1785 6 20070350392 02/21/2007 16:32 F. ANN RODRIGUEZ, RECORDER RECORDED BY: K 0 DEPUTY RECORDER 1861 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.50 ~ MARANA ORDINANCE NO. 2007.01 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MINOR GENERAL PLAN AMENDMENT AND REZONING FOR 6055 N. SIL VERBELL ROAD. WHEREAS SILVERBELL ROAD L.L.c. (the "Developer") owns approximately 11.9 acres located one-half mile north of Sunset Road on the west side of Silverbell Road within a portion of Section 7, Township 13 South, Range 13 East, and Section 12, Township 13 South, Range 12 East, as described on Exhibit "A", attached hereto (the "Rezoning Area"); and WHEREAS, at a November 15, 2006 public hearing, the Marana Planning Commission voted unanimously to recommend approval of a minor General Plan amendment and rezoning ofthe Rezoning Area, subject to certain recommended conditions; and WHEREAS, at a February 6,2007 public hearing, the Marana Town Council determined that the proposed rezoning of the Rezoning Area from "R-144" (Single Family Residential, 144,000 square feet minimum) to "R-36" (Single Family Residential, 36,000 square feet minimum) meets the criteria for a minor amendment to the General Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. A minor amendment to the General Plan is hereby approved, changing the land use designation of the Rezoning Area from Industrial/General (IG) to Low-Density Residential (0.6 - 3.0 DU/AC). Section 2. The zoning ofthe Rezoning Area is hereby changed from "R-144" (Single Family Residential, 144,000 square foot minimum lot size) to "R-36" (Single Family Residential, 36,000 square feet minimum lot size). Section 3. The intent of this rezoning is to allow the use of the Rezoning Area for single family custom homes on large lots. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation ofthe Town of Maran a Land Development Code (but which shall not cause a reversion of this rezoning ordinance): "M ,JL II""~ ,I~~" :!::]I ~~:::~ ij::::ii 1. The total disturbed area, including all existing disturbance, shall not exceed 36% of the balance of the Rezoning Area after dedication of the Silverbell Road right-of-way (see paragraph 11 below). The method for accounting for this total disturbance shall be determined and established through the subdivision platting process. il;:i:l l ;":;;i~ '~:~! {00003664,DOC / 3} 1/26/2007 9:51 AM Marana Ordinance No. 2007.01 Page 1 of 4 ~ G 2. The final design and arrangement of subdivision lots for the Rezoning Area shall be subject to approval by the Town Engineer and the Planning Director in accordance with this Ordinance and all applicable regulations. 3. The Developer shall as part of the subdivision platting process provide the necessary documentation to substantiate the engineering feasibility of placing buildings on and access drives to serve the lots of the proposed subdivision of the Rezoning Area. 4. No homes on the proposal site shall exceed 25 feet in height. Houses located adjacent to Silverbell Road shall be limited to a maximum 18 feet in height and single story to reduce the visual impact of development along Silverbell Road. 5. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Planning Director. 6. No area of cut or fill on the Rezoning Area shall exceed a vertical distance of 15 feet, and any area of cut or fill with a vertical distance greater than ten feet shall include planting areas and terraced plant benches as follows: a. a minimum six foot wide planting area at the toe of the exposed slope; and b. a minimum six foot wide terraced plant bench at the ten foot height of the exposed slope; and c. planting areas and plant benches shall extend the length of the exposed slope; and d. the planting areas and plant benches shall be vegetated with plants in conformance with the revegetation standards in Section 18.61.055D.5 of the Pima County Code, which is incorporated here by this reference. 7. All slope and drainage treatments shall be designed and engineered to incorporate natural features. The developer and custom lot builder shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 8. A Native Plant Permit (waiver not acceptable) shall be required for the project infrastructure and for each lot. 9. The property owner shall not cause any lot split of any kind within the Rezoning Area without an approved subdivision plat. 10. The Developer shall complete the subdivision plat process for the Rezoning Area, providing for the development of not more than nine lots served by a road system with a single point of access to Silverbell Road. 11. The Developer shall dedicate, or cause to have dedicated, an additional 45 feet of land to meet the future ISO-foot right-of-way for Silverbell Road. The dedication shall take place 60 days following the effective date of this rezoning. 12. The Developer shall dedicate to the Town by subdivision plat a one-foot no access easement along the entire Silverbell frontage of the Rezoning Area as it exists after the Silverbell l. II~;~ lei i!l~~! I~;l 1. "::;,'1 1;;~~1: Ib {OO003664.DOC / 3} l/26/2007 9:51 AM Marana Ordinance No. 2007.01 Page 2 of 4 dedication, prohibiting access to Silverbell Road from the Rezoning Area except at the single roadway access referenced in paragraph 10 above. 13. All required parking will be off-street, on site. Each lot shall have provision for two spaces per garage and a minimum of two spaces in the driveway. 14. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2006.12, as it may be amended. 15. All required fees of the Marana Park Benefit Area shall be paid by the developer in accordance with Ordinance No. 2006.12, as it maybe amended. 16. Upon completion of the development the developer shall record covenants enforceable by and in a form acceptable to the Town and that run with the land to permanently preserve areas that remain undisturbed. 17. The existing structures shall be removed from the Rezoning Area prior to final plat approval. 18. All existing above-ground electric facilities carrying less than 46kV within and adjacent to the Rezoning Area and any new facilities shall be under-grounded as part of this project. 19. Development of the Rezoning Area shall comply with all provisions ofthe Town's Codes, Ordinances, and policies of the General Plan, current at the time of any subsequent development, including, but not limited to any requirements for public improvements. 20. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land 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. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. Section 4. This Ordinance shall be treated as having been adopted and the 3 O-day referendum period established by Arizona Revised Statutes section ("A.R. S. f') 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. S 12-1131 et seq., and specifically A.R.S. S 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption ofthis Ordinance. Ifthis waiver instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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 as of the effective date of this Ordinance. :Il '~:' i,::~ ;!~j~ ;""., li~;::j Section 6. 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. 1::::1 :1 """IIPt 1~::' ~ ",j, "'~iilll {OOOO3664.DOC/3} 1/26/20079:51 AM Marana Ordinance No. 2007.01 Page 3 of4 PASSED AND ADOPTED, subject to the provisions of Section 4 above, by the Mayor and Council ofthe Town of Marana, Arizona, this 6th day of February, 2007. ,'{;'fiU'"" .'~ Iii ,:':'i;,"~ of I'~c., ..... ~ ~~~.."""f:1d~~ /4 ~.t~r: ~o.~~ ~~~ - - ::"::gCa~~~Tf\}1'= Mayor Ed Honea - :: ~.~ \'1::-, \'1: :: - ~ \ ~~J.:.l:~1U i ::: ATTEST ~ ~ ~ ~ : ~ "1. ~"lllm\\\\'" "\ ~ ~/jI2. ~9\\~ illlAll\\- it:::i ::~.. ,.':.,' ,II! :t:::::I: :~:::::I: {00003664.00c / 3} 1/26/20079:51 AM Marnna Ordinance No. 2007.01 Page 4 of 4 EXHIBIT "A" For 6055 N.SIL VERB ELL REZONING LEGAL DESCRIPTION PCZ-06033 .' Exhibit A A portion of Section 7, Township 13 South, Range 13 East and Section 12, Township 13 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County Arizona, described as follows: BEGINNING at the Southeast comer of the Northeast quarter of said Section 12; THENCE North 8<)056'07" West along the South line of said Northeast quarter a distance of 658.22 feet; THENCE North 45000'00" East 967.50 feet to the Southwesterly right-of-way line of Silverbell Road, as shown in Book 3 of Road Maps at Page 9, records of Pima County, Arizona; THENCE South 54021 '47" East along said right-of-way line a distance of 476.95 feet to a point of curvature of a tangent curve.concave to the Southwest; THENCE Southeasterly along said right-of-way line, along the arc of said curve, to the right, having a radius of924.93 feet and a central angle of31 042'00" fur an arc distance of511.74 feet to a point of tangency; THENCE South 22039'47" East, along said right-of-way line a distance of9.83 feet to the South line of the Northwest quarter of said Section 7; THENCE South 89047'55" West along said Southlinea dtstance of731.93 feet to the Point of Beginning. . ~ III~ ,~::~ ;~;) iE;~ ~i;l t '7 I':::i ~J F. ANN RODRIGUEZ, RECORDER RECORDED BY: K 0 DEPUTY RECORDER 1861 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: 12996 1784 1 20070350391 02/21/2007 16:32 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 CONS EN MAIL AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESUL TING FROM TOWN OF MARANA ORDINANCE NO. 2007.01 SILVERBELL ROAD, LLC, an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.01 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06033, filed on behalf of the Owner, which the Marana Town Council approved with conditions on February 6, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes S 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording ofthis document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest ofthe Property, who shall also be bound by it. Dated this 2.0 day of February, 2007. SIL VERBELL ROAD, LLC, an Arizona limited liability company By: SOSTANZA LLC, an Arizona limited liability company, its managing member ~.Q f!.~ Noel Earls, its managing member STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on FebruarY~2007 by Noel Earls, the managing member of So STANZA LLC, an Arizona limited liability company, managing member of SILVER BELL ROAD LLC, an Arizona limi 1 'lity company, on behalf of the LLC. ( \ By: My commission expires: q'IIP-JO "Ii ,A, :~~ ':~~ 'I..~ !f~1 ~::~ ']" ,.;~ Iii ;!~::~; 'it1, {00003915.DOC /2} Diana R Reeves NOTARY PUBLIC .. ARIZONA PIMA COUNTY My Commission Expires September 11. 2010