HomeMy WebLinkAboutOrdinance 2017.020 Approving a rezoning of land at NE corner of Tangerine Rd and Camino de OesteF. ANN RODRIGUEZ, RECORDER
Recorded By: VJG
DEPUTY RECORDER
4967
SMARA
TOWN OF MARANA
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MARANA AZ
ESTABLISHED 1977
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RE-RECORDING OF MARANA ORDINANCE NO. 2017.020
DUE TO SCRIVENER'S ERROR
20173070123
7
11/03/2017
9:57:52
Town of Marana Ordinance No. 2017.020 is being re-recorded due to a scrivener's error. The
ordinance was originally recorded on October 20, 2017 at Sequence No. 20172930196 in the
Pima County Recorder's Office with Exhibit A - Legal Description attached. The original
recordation omitted Exhibit A — Map depicting Parcels 1 and 2.
This re-recorded Marana Ordinance No. 2017.020 includes the full
Exhibit A Legal Description and Exhibit A — Map depicting Parcels 1 and 2
Dated: November 3, 2017
Jocelyn C. Bronson
Marana Town Clerk
$8.00
I
MARANA ORDINANCE NO, 2017.020
RELA,I-ING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
28.22 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF TANGERINE
ROAD AND CAMINO DE OESTE, FROM `R-144' RESIDENTIAL TO 'F' DOVE
MOUN'r FAIN SPECIFIC PLAN; AND APPROVING A MINOR AMENDMENT TO 'rHE
GENERALPLAN
WHEREAS Rita Land Corporation and Redhawk Marana, LLC (collectively the
"Property Owners") are the owners of approximately 28.22 acres of land located at the northeast
corner of Tangerine Road and Camino de Oeste, in Section 31, Township I I South, 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 Owners have submitted an application to rezone the Rezoning
Area from 'R-144' Residential to 'F' Dove Mountain Specific Plan ("this Rezoning"), and
amend the 2010 Marana General Plan from Rural Density Residential (RDR) to Master Plan
Area (MPA) and
WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on
September 27, 2017, and voted 4 to 0 with 3 Commissioners absent, to recommend that the
Town Council approve this Rezoning, subject to the recommended conditions; and
WHEREAS the Marana Town Council held a public hearing on this Rezoning on
October 17, 2017 and determined that the requested Specific Rezoning should be approved.
Now, ?I FHEREFORE, 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' Residential
to 'F' Dove Mountain Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Rural Density Residential to Master Plan
Area (MPA.).
Section 3. 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
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.
Marana Ordinance No.2017.020 - I -
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in
general conformance with the tentative 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 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.
4. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by
Town staff prior to approval of a preliminary plat or development plan for any portion of the.
Rezoning Area.
5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners
and accepted by 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 in-formation 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.
6. A master sewer plan must be submitted by the Property Owners and accepted by the 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.
7, 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.
S. "I'he final design of required streets and circulation facilities, including gated access (if
applicable) and emergency access, must be in conformance with applicable fire codes prior to
Town Council consideration of a final plat for any portion of the Rezoning Area.
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 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.
10. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to
the Town that all federal permit requirements have been net through the Corps of Engineers
1
and the State Historic Preservation office, if federal permits are required for the development
of the Rezoning Area,
Marana Ordinance Na.2017.020 - 2 -
11. 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 Departn-ient (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 AZGFD, and the tortoise shall be moved in
accordance with the most current AZGFD Tortoise Handling Guidelines at the Property
Owners' expense.
12. The Property Owners shall not cause any lot split of any kind without the written consent of
the Town of Marana.
13. Compliance with all provisions of the Town's Codes, Street Standards, and Ordinances,
current at the time of any subsequent development, including, but not limited to,
requirements for public -improvements.
14. This specific plan amendment shall not confer any impact fee cxemptions previously agreed
to through the Dove Mountain Development Agreement(s).
15. All open space easements, public trails and/or wildlife corridors shall be dedicated to the
applicable entity at the time of platting, and no construction shall be permitted in the
delinec,'ited Floodplain without the consent of the Development Services Administrator.
16. Prior to approval of a subdivision plat within the Rezoning Area, the applicant shall provide
written verification that the site has been annexed in the Northwest Fire District.
17. Developer shall construct a five foot wide sidewalk on the western boundary of the project
on Camino De Oeste Road at the time of development with the Rezoning Area that is
adjacent to Camino De Oeste.
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, effective as of the effective date of this ordinance.
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 17th day of October, 2017.
Mayor Ed honcat
ATTEST: APPROVE I A TO FORM:
Apt
elyn `/6ronson, Town Clerk Fr k C idTown t ey
Y-5
MARANAAZ
ESTABLISHED 1977
Marana Ordinance No.2017.020 - 3 -
Exhibit A
LEGAL DESCRIPTION
Parcel 1 and Parcel 2 as described below.-
Parcel
elow:Parcel 1
All that portion of Lot 4 of Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona. More particularly described as follows:
COMMENCING at the Southwest corner of said Lot 4, being an aluminum capped pin tagged LS 15343 from which the
South Quarter corner of said Section 31, being a brass cap survey monument, bears North 89 degrees 49 minutes 57
seconds East at a distance of 2519.34 feet;
THENCE North 00 degrees 19 minutes 49 seconds West, along the Voest line of said Lot 4, a distance of 1318.60 feet to
the Northwest corner of said Lot 4, being a 1/2 inch rebar tagged LS 4680;
THENCE North 89 degrees 51 minutes 13 seconds East, along the North line of said Lot 4, a distance of 75.00 feet to the
TRUE POINT OF BEGINNING, being a 1/2 inch rebar tagged LS 4580;
THENCE continue along said North line, North 89 degrees 51 minutes 13 seconds East, a distance of 1128.91 feet to the
Northeast corner of said Lot 4, being a 1/2 inch rebar tagged LS 4680;
THENCE South 00 degrees 10 minutes 49 seconds East, along the East line of said Lot 4, a distance of 579.18 feet to a
point;
THENCE South 89 degrees 51 minutes 13 seconds West, parallel to the North line of said Lot 4, a distance of 1127.40
feet to a point 75.00 feet East of the West line of said Lot 4;
THENCE North 00 degrees 19 minutes 49 seconds West, parallel to and 75.00 feet East of the said West line, a distance
of 579.18 feet to the TRUE POINT OF BEGINNING.
Parcel 2-.
All that portion of Lot 4 of Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, more particularly described as follows:
That portion of said Lot 4, as shown on the Record of Survey recorded in Book 33 of Record of Survey at Pae 70,
Excluding the Northerly 15.00 acres, more particularly described as follows:
Commencing at the Southwest corner of said Lot 4, being an aluminum capped pin tagged "LS 15343" from which the
South 1/4 corner of said Section 31, begin a brass cap survey monument, bears North 89 degrees, 49 minutes, 57 seconds
East at a distance of 2519.34 feet and the Northwest corner of said Lot 4, being a '/2 " rebar tagged "LS 4680", bears
North 00 degrees, 19 minutes, 49 seconds West, at a distance of 1318.60 feet,
Thence North 00 degrees, 19 minutes, 49 seconds vilest, along the West line of said Lot 4, a distance of 739.42 feet to a
Thence North 89 degrees, 51 minutes, 13 seconds East, a distance of 75.00 feet to the True Point of Beginning;
Thence continuing North 89 degrees, 51 minutes, 13 seconds East, a distance of 1127.40 feet to a point,
Thence South 00 degrees, 10 minutes, 49 seconds East, along the East line of said Lot 4, a distance of 655.11 feet to a
chiseled "X" in concrete, 0.03 feet North of a brass cap stamped "LS 13189", being a point on the North right of way of
Tangerine Road as described in Docket 7539 at page 1324, at a point on a curve from which the radius bears North 02
degrees, 40 minutes, 14 seconds East;
Thence Westerly along said right of way, along a curve to the right, which has a radius of 7564.44 feet and a central angle
of 06 degrees, 56 minutes, 04 seconds, an arc length of 915.51 feet to a point, being an aluminum capped pin stamped
"LS 15343";
Thence North 80 degrees, 24 minutes, 49 seconds West, on a non-tangent line, along said right of way, a distance of
245.21 feet to a point on the East right of way of Camino de Oeste, 50.00 feet East of the West line of said Lot 4, being an
aluminum capped pin stamped "LS 15343";
Thence North 00 degrees, 19 minutes, 49 seconds West, parallel to and 50.00 feet East of the West line of said Lot 4, a
distance of 95.13 feet to a point, being an aluminum capped pin stamped "LS 15343";
Thence North 89 degrees, 40 minutes, 11 seconds East, a distance of 25.00 feet to a point 75.00 feet East of said West
line, being an aluminum capped pin stamped "LS 15343";
Thence North 00 degrees, 19 minutes, 49 seconds Vilest, parallel to and 75.00 feet East of said Vilest line, a distance of
418.25 feet to the True Point of Beginning.
EXCEPT that portion conveyed to the Town of Marana, an Arizona municipal corporation at Sequence No. 20160820556.
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EXHIBIT A
50' PARCELS 1 AND 2
NORTH LINE LOT 4
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Qa COPYRIGHT OPW SURVEYING, LLC 2017
OPW SURVEYING, L.L.C.
7135 N. Skyway DriveEXHIBIT OF PARCELS
Poon, Arizona -5568
Phone (520) 990-1568 LOT 4, SECTION 31, T 11 S, R 13 E, G&SRM,
opwsurveying0oomcast.net PIMA COUNTY, MARANA, ARIZONA