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HomeMy WebLinkAboutOrdinance 2002.25 Approving a rezone near Tangerine Road west of Camino de Oeste F. ~ RODRIGUEZ, RECORDER RECORDED BY: JLW D~PUTy RECORDER · 0~ OF ~A ATTN~ TO~ CLE~ 13251 N LON ~S ~D ~A AZ 8~6~3  DOCKET: 11923 PA~E~ 3533 NO. OF PA~ES~ 3 SEQUENCE~ 20022170974 11/08/2002 ORDI~ 16:16 MAIL AMOUNT PAID MARANA ORDINANCE NO. 2002.25 $ 8.00 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, APdZONA, TO REZONE APPROXIMATELY 196ACRES OF LAND GENERALLY LOCATED SOUTH OF TANGERINE ROAD, WEST OF CAMINO DE OESTE, WITHIN SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 FROM ZONE "F" (A.K.A. TANGERINE HILLS SPECIFIC PLAN) TO ZONE "R-36" (RESIDENTIAL, ONE DWELLING PER 36,000 SQUARE FEET). WHEREAS, The Town of Marana has made application to abandon the Specific Plan known as the Tangerine Hills Specific Plan, located in Section l, Township 12 South, Range 12, generally south of Tangerine Road, west of Camino de Oeste; and WHEREAS, The Town of Marana has met with the owners and their representatives, and discussed the antiquated land uses contained within the Tanger/ne Hills Spec/fie Plan, and all parties have agreed that the properties associated with the Tangerine Hills Specific Plan should be rezoned to "R-36' (Residential, one dwelling per 36,000 square feet); and WHEREAS, the Marana P larming Cornmission, a tier a public h earing, considered t his Rezoning request on October 9, 2002, and voted unanimously to recommend that the Town Council approve said Rezoning; and WHEREAS, the Marana Town Council heard fi.om representatives of the owner, staff and members of the public at the regular Town Council meeting held November 5, 2002, and have determined that the Rezoning is in conformity with the Future Development Plan Map, as amended, within the Marana General Plan and should be approved, subject to recommended conditions. WHEREAS, the Town Council has determined that the proposed Rezoning is in the best interests of the citizens of Marana, and is desirable for the reasonable development of the Town of Marana; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The request initiated by the Town of Marana to rezone approximately 196 acres of land generally located south of Tangerine Road, west of Camino de Oeste, within Section 1, Township 12 South, Range 12 East fi.om Zone "F" (A.K.A. Tangerine Hills Specific Plan) to Zone "R-36' (Residential, one dwelling per 36,000 square fee0, is hereby approved. I I Mm Ordinance No. 2002.25 Section 2. The purpose of this Rezoning is to abandon the Tangerine Hills Specific Plan and the land use designations of Medium to High Density Residential; Commercial: Community; Open Space: Recreational, to "R-36" (Residential, one dwelling per 36,000 square feet), subject to the following conditions: 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not "limited to, requirements for public improvements. 2. The property owner shall dedicate the necessary rights-of-way for Tangerine Road, the Dove Mountain extension and Camino de Oeste, as delineated in the Town's Transportation Plan or Major Routes plan, for street purposes 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, lot split or any building permit initiated by the property owner. 3. A maximum of thirty-percent of the total site, exclusive of the Major Routes dedication may be disturbed. Building envelopes shall be established through the platting process, reflective of the thirty-percent total site disturbance restrict/on. 4. No approval, permit, or authorization of the Town of Marsaa authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or landowner from responsibility to ensure compliance with all applicable federal and state laws sad regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 5. The property owner shall not cause any lot split of say kind without the written consent of the Town of Marana. 6. All open space easements, public trails sad/or wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, as approved by the Development Services Administrator, which shall be revegetated. All such easements, trails, and corridors shall be dedicated to the appropriate entity, acceptable to the Town sad at a time acceptable to the Town. All utilities shall be underground, sad all utility trenches shall be revegetated to be identical with the surrounding desert, where practical. 7. Prior to submittal of a final plat the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. 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 Ordinance No. 2002.25. 3 Mara~ Ordinance NO. 2002.25 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. PASSED AND ADOPTED bythe Mayor and Council of the Town of Marana, Arizona, this 5th day of November, 2002. ATTEST:, Town Clerk ...~'~aniel J. Hocl~fl'~ As Town Attorney and not personally Mayor BOBBY SUTTOI~ ~ .~ 1 1 ,3 Marana Ordinance No. 2002.25