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HomeMy WebLinkAboutOrdinance 99.14 Approving a rezone request by Best Associates, LLC F. ANN RODRZGUEZ, RECORDER RECORDED BI[: HEM DE~UT]~ RECORDER 2057 ROOA SM~RA TOWN O~ M~qANA ATTN: TOWN 13251 N LON ADAMS RD M~RANA AZ 85653 DOCKET: 11066 PAGE: 501 NO. OF PAGES: 7 SEQUENCE: 19991120187 o6/11/1999 ORDZN 12:00 M~TL AMOUNT PAID $ 9.00 MARANA ORDINANCE NO. 99.14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY BEST ASSOCIATES, L.L.C., FOR A PARCEL LOCATED IN A PORTION OF THE NORTH ONE-HALF OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "ZONE R-144" TO "ZONE R-6," ASSESSOR'S PARCEL NUMBER 221-01-0010, AND FOR A PARCEL LOCATED IN A PORTION OF THE WEST ONE-HALF OF SECTION 17, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "ZONE C" TO "ZONE R-6," ASSESSOR'S PARCEL NUMBER 226-03-033H. WHEREAS, Best Associates, L.L.C. is the owner of two vacant parcels consisting of approximately 62 acres located adjacent to the area originally zoned for the Saguaro Springs Master- planned Community, as depicted on Exhibit A, attached hereto and incorporated herein by this reference, and are more specifically described as a portion of the North One-Half of Section 19, Township 12 South, Range 12 East, and a portion of the West One-Half of Section 17, Township 12 South, Range 12 East; and WHEREAS, Best Associates, L.L.C. has requested a rezone of the 32-acre property from "Zone R-144" (Single Family Residential, minimum lot size of 144,000 square feet) to "Zone R-6" (Single Family Residential, minimum lot size of 6,000 square feet), more particularly described in Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS, Best Associates, L.L.C. has also requested a rezone of the 29.8-acre property from "Zone C" (Large Lot Zone) to "Zone R-6" (Single Family Residential, minimum lot size of 6,000 square feet), more particularly described in Exhibit C, attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission, after a public hearing, considered this request for a rezone on March 31, 1999, and voted unanimously to recommend that the Town Council approve said rezone for the purpose of integrating the two subject parcels into the planned community; and WHEREAS, the Marana Town Council heard from the representative of the owner, staff and members of the public at the regular Town Council meeting held May 18, 1999, and has determined that the rezone is in conformity with the General Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: 1 1 0 6 6 O O 1 Maran~ Arizona Ordinance 99.14 Page 1 of 4 Section 1. The zoning of approximately 32 acres located in the North One-Half of Section 19, Township 12 South, Range 12 East, Assessor's Parcel Number 221-01-0010, is hereby changed from "Zone R-144" (Single Family Residential, minimum lot size of 144,000 square feet) to "Zone R-6" (Single Family Residential, minimum lot size of 6,000 square feet). Section 2. The zoning of approximately 29.8 acres located in the West One-Half of Section 17, Township 12 South, Range 12 East, Assessor's Parcel Number 226-03-033H, is hereby changed from "Zone C" (Large Lot Zone) to "Zone R-6" (Single Family Residential, minimum lot size of 6,000 square feet). Section 3. The purpose of this rezoning is to integrate the two subject parcels into the Saguaro Springs Master-planned Community, subject to the following conditions: A traffic impact analysis (TIA) and sub-regional transportation study for the parcel must be submitted by the Developer and accepted by the Town Engineer and Pima County Department of Transportation prior to the approval of the first preliminary plat or development plan submitted for this project. The TIA is to include signal warrant studies at all proposed major intersections, analysis ofsafetyissues at Arizona Portland Cement (APC) crossings on Lambert Lane and Twin Peaks Road, with recommendations for safety improvements such as crossing gates, school site accessibility and off-site road improvement requirements. b) The Developer is required to dedicate additional right-of-way for Twin Peaks Road, Lambert Lane and Airline Road to accommodate a half right-of-way of 75 feet or as identified in the sub-regional transportation study. c) The Developer's financial obligation of $1,000 per dwelling unit in respect to off-site improvements and other obligations shall be detailed in an amendment to the Development Agreement between the Town and Best LLC II, as approved by Resolution No. 98-38 and recorded with the Pima County Recorder's Office at Docket 10798, Page 663 on 05/18/98, and approved concurrently with the preliminary block plat for the development. d) Access to Twin Peaks Road must be accepted and recorded prior to the approval of a preliminary plat, development plan or building permit. e) The Developer shall submit a concept plan of the development at the preliminary plat stage that delineates the proposed internal and external vehicular, bicycle and pedestrian circulation system and street crossings for approval by the Town Engineer and Marana School District. Particular emphasis is to be placed on safe accessibility to the proposed school site. O O 2 Marana, Arizona Ordinance 99.14 Page 2 of 4 f) Dead end roads (i.e. cul de sacs) shall not exceed six hundred (600') feet in length. g) A master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the preliminary plat by the Town Council. A master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the preliminary plat by the Town Council. i) The maximum number of dwelling units on the property will not exceed 2,509 in accordance with the Amendment to Saguaro Springs Site Analysis, revised Janumy, 1999, and revised Land Use Concept, dated February 17, 1999. J) The school site shall be subject to all Planning and Engineering standards, ordinances, etc. in effect at the time the school is developed. Residential lots shall not front on any arterial or collector street within or adjoining the proposed development. Direct access onto Lambert Lane will be reviewed separately and must be approved by Pima County and the Town Engineer. 1) A master drainage plan must be submitted by the Developer and accepted by the Town Engineer prior to the approval of the preliminary plat by the Town Council. m) The Developer shall rezone the proposed schools site if determined not to be a permissible use in the current zone. The Final Plat will include a disclosure statement, with language acceptable to the Town, advising of the existence and location of the quarry road which bisects the project. Section 4. 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. 99.14. Section 5. 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. Marana, Arizona Ordinance99.14 Page 3 of 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of May, 1999. ATTEST: Mayor ORA MA~ lt-IARN' ! ~-J~cely~C. Entz - Town Clerk APPROVED AS ...,~aniel J. Hochuli, Esq. As Town Attorney and not personally Marana. Arizona Ordinance 99.14 Page 4 of 4 EXHIBIT A MARANA ~/IX TOWN Of MARANA PLANNING '& ZONING CASE NO., PCZ-9921 REQUEST I Request by Best Associates to rezone parcel numbers 221-01~0010 and 226-03-033H, consisting of approximately 64 acres, from Town Zone R-144 (single family residential, min. lot size 144,000 sq. ft.)and Town Zone C (Large Lot Zone) to Town Zone R-6 (single family residential, min. lot size 6,000 sq. ft.). EXHIBIT B July 10, 1998 U/E Project No. 96103 PROPERTY DESCRIPTION FOR REZONE A parcel of land located in Section 19, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, mom particularly described as follows: BEGINNING at the Northeast comer of said Section 19; THENCE along the East line of said Section 19, South 00° 11' 13" East a distance of 996.54 feet, to the Nozth Right-of-Way of Twin Peaks Road as shown on Book 2 of Road Maps at Page 151; THENCE along the said North Right-6f-Way line of Twin Peaks Road, North 72° 23' 10" West, a distance of 3104.87 feet to a point on the West line of the East half of the East half of the East half of the Northwest Quarter of said Section 19; THENCE along said West line North 01° 32' 29" East a distance of 49.14 feet to the North line of said Section 19; THENCE along said North line North 89° 50' 50" East, a distance of 315.62 feet to the North quarter comer of said Section 19; THENCE continuing along the said North line of Section 19, North 890 50' 50" East, a distance of 2639.12 feet to the POINT OF BEGINNING: EXCEPTING therefrom, the South 45.00 feet. SAID parcel contains 1,405,869 square feet, or 32.27 acres, more or less. Prepared by: URBAN ENGINEERING, INC. CiMy Documents\9610g - Saguaro Sprinss\96103 - legals\9610.~ - legal.doc 6 EXHIBIT C Febnmr2' 3, 1999 U/E Project No. 96103 ,.gA GUAR O SPRINGS F,,4,gT~IDE REZONING PROPERTY DESCRIPTION A portion of Section 17, Toma~p 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, more padieularly described a~ follows: BEGINNING at the Southwest section comer of~ald Section 17; THENCE along the We~t section line of ~aid Section 17, North 00° 04' 38" West, a distance of 2,645.$9 fe~t to the West one quarter comer; .THENCE continuing along said West section line, North 00~ 07' 04' West, a distance of 1,321.71 feet to the Southwest comer of the Northwest quarter of the Northwest quarter of said Section 17; TH~.. CE along the South line of said Northwest quarter of the Northwest quarter North 89? 46' 49" East, a distance of 12.83 feet; ~CE South 03° 09~ 01" East, a distance of 678.32 feet; ~CE South 51° 03' 03" East, a distance of I.~7.72 feet; THENCE SOuth 08° 47' 44" East, a distance of 72fi.81 feet; THENCE SOuth 19° 45' 27" East, a distance of 209.98 feet; THENCE South 08° 21' 16" West, a distance of 449.98 feet; TI-IL:2qCE South 01° 26' 20" West, a distance of 828.08 feet; THENCE South 30° 34' 23" East, a distance of 363.90 feet; THENCE South 54° 17' 20" East, a distance of 491.54 feet; THENCE North 88° 55' 29" East, a distance of 187.83 feet; THENCE South 00° 30' 35" East, a distance of 410.14 feet to the South section line of said Section 17; 2-HENCE along said South section line South 89~ 33' 58" West, a distance of 1022.56 feet to the POINT OF BEGI~qlNG; Said parcel contains 29.78 acres, more or less. Prepared by: URBAN ENGII~ERINO, INC. -