HomeMy WebLinkAboutOrdinance 2004.07 Rezoning the Willow Ridge property F. ANN RODRIGUEZ, RECORDER
RECORDED BY: TFM
DEPUTY RECORDER
8047 PE2
SMARA
TOWN OFMARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 12292
PAGE: 6656
NO. OF PAGES: 8
SEQUENCE: 20040841064
04/30/2004
ORDIN 16:45
MAIL
AMOUNT PAID $ 9.50
MARANA ORDINANCE NO. 2004.07
RELATING TO DEVELOPMENT; REZONING THE 104.6-ACRE WILLOW RIDGE PROPERTY
ALONG THE SOUTH SIDE OF CORTARO FARMS ROAD EAST OF HARTMAN LANE AND
WEST OF STAR GRASS DRIVE TO R-6 (60.8 ACRES), R-16 (34.1 ACRES) AND NC
(9.7 ACRES).
WHEREAS, Ron Asta represents the property owners of approximately 104.6 acres of land
located within Section 25, Township 12 South, Range 12 East, as described and depicted on Exhibit
"A", attached hereto and incorporated herein by this reference; and
WHEREAS, the Marana Planning Commission held public heatings March 31, 2004, and at
said meeting voted to recommend that the Town Council approve said rezone, adopting the
recommended staff conditions; and
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held April 20, 2004 and has determined
that the rezoning is in conformity with the General Plan and should be approved, subject to
conditions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. The zoning of approximately 104.6 acres located within Section 25, Township 12 South,
Range 12 East, on the south side of Cortaro Farms Road, east of Hartman Lane and west of Star
Grass (the "Rezoning Area"), is hereby changed from Zones "R-144" (Single Family Residential,
144,000 sq. ft. minimum lot size) and "R-36" (Single Family Residential, 36,000 minimum lot size)
to 9.7 acres of"NC" (Neighborhood Commercial), 60.8 acres of"R-6 (Single Family Residential
6,000 sq. ft. minimum lot size) and 34.1 acres of"R-16 (Single Family Residential 16,000 sq. ft.
minimum lot size).
Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for single family
detached homes and Neighborhood Commemial, 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 ordinance):
Compliance with all provisions of the Town's codes, ordinances and policies of the General
Plan as current at the time of any subsequent development, including, but not limited to,
requirements for public improvements.
Marana Ordinance No. 2004.07
Page 1 of 4
2. Subject to Article 5 of the Willow Ridge Development Agreement, this rezoning is valid for
five years from the date of Town Council approval; if the developer fails to have a final
subdivision plat recorded prior to the five years the Town may initiate the necessary action to
revert the property to the original zoning, upon action by the Town Council.
3. The ultimate development proposed by this rezoning shall be consistent with the adopted
Willow Ridge Development Agreement.
4. The applicant shall provide a direct connection from the south extension of Camino de Oeste to
Pima Farms Road, including the dedication of right-of-way at no cost to the Town substantially
consistent with the Tentative Development Plan. This will provide access to a signalized
intersection for the surrounding residents, at the extension of Camino de Oeste and Cortaro
Farms Road.
5. The property owner shall not cause any lot split of any kind without the written consent of the
Town of Marana.
6. No two-story construction shall be provided within three hundred (300) feet of Cortaro Farms
Road on the north and along the westerly property line, as delineated in the site analysis and
tentative development plan.
7. Building heights shall be restricted to 24' within the NC zone.
8. The proposed auto service station in NC zone shall require a conditional use permit.
9. The NC zoned property shall not be allowed to be developed at the R-6 standards.
10. Lots in the R-16 zone shall be limited to a maximum grading disturbance of ten thousand
(10,000) square feet, as identified in the site analysis and tentative development plan. During
the platting process the necessary covenant shall be established to protect the natural open
space, outside of the ten thousand square feet of grading area.
11. Custom lots that develop on 15 % or greater slopes shall comply with Marana's HDZ ordinance
per Title 19 of the Marana Land Development Code.
12. The proposed grading limits of the custom lot area shall be clustered into the best, buildable
site areas that preserve as much connective high resource value habitat as possible. Individual
Native Plant Permits shall be required for the R-16 zoned lots, to protect and preserve the high
resource vegetation.
13. All slope and drainage treatments shall be aesthetically designed and engineered (where
necessary) to "naturalize" the built environment. The developer and custom lot owner 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.
14. The west fifty foot (50') buffer along Oshrin Park shall be designed with a minimum fourteen
foot (14') pathway, for vehicle and pedestrian users, and an equestrian path along the west side
of the Cortaro-Marana Irrigation District (CMID) irrigation easement. In addition the area
east of the CMID channel shall be revegetated with desert plants and cacti that are transplanted
from the site.
i
6
S
?
Marana Ordinance No. 2004.07
Page 2 of 4
15. The required vegetation inventory shall specifically locate high-density saguaro, ironwood and
palo verde communities and specimen multi-armed saguaro's and ironwood and palo verde
trees that are over fifteen feet in height.
16. The layout adjustments shall be driven by preservation of mature multi-armed saguaros with a
minimum thirty foot (30') circumference of preserved under-story vegetation.
17. All of the saguaro spears of 14' and less shall be preserved in place or transplanted onsite or
into Marana's existing parks, community centers, or natural preserve areas.
18. A minimum of seventy-five percent (75 %) of the 20'-30' ironwood trees shall be preserved in
place or transplanted onsite or into Marana's existing parks, community centers, or natural
preserve areas.
19. At the time that the local roads are staked the applicant shall retain a biologist to be onsite to
protect valuable habitat and specimen trees where possible and determine the primary do not
disturb areas based on vegetation coverage and habitat.
20. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or
the landowner to violate any applicable federal or state laws or regulations, or relieves the
applicant and/or the landowner from responsibility to ensure compliance with all applicable
federal and state laws and regulations, including the Endangered Species Act and the Clean
Water Act. You are advised to retain appropriate expert and/or consult with the appropriate
federal and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
21. The applicant shall dedicate, or cause to have dedicated, at no cost to the Town, the additional
right-of-way along Cortaro Farms Road to provide the south 75-foot half right-of-way of the
ultimate 150-foot Cortaro Farms Road right-of-way..
22. A water service agreement and a master water plan shall be submittede applicant, and accepted
by the Utilities Director prior to the approval of the first plat, by the Town Council.
23. The applicant shall work with CMID to maintain the necessary irrigation system and well sites
to perpetuate the ability for CMID to have their users irrigate as necessary.
24. The applicant shall develop a reclaimed water irrigation system, dedicated to the Town, to
distribute irrigation water to all properties and recreation areas within this development.
25. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the first plat by the Town Council.
26. Conservation easements for each lot and along open space corridors shall be recorded by final
plat.
27. A Class III archeological survey for all onsite un-surveyed areas and any further recommended
archeological testing and mitigation shall be required prior to the issuance of grading permits.
28. The applicant shall include detailed residential and commercial design guidelines with the f'LrSt
preliminary plat or development plan submittal.
29. Where applicable, in the R-6 zoned area a wrought iron view fence shall be constructed on top
of the drainage stem wall for a combined maximum height not to exceed 6', in the open space
Marana Ordinance No. 2004.07
Page 3 of 4
corridor. In the R-16 zone to encourage wildlife migration the additional view fencing on top
of the drainage stem wall will not be allowed.
30. The applicant shall not receive a Certificate of Occupancy from the Town of Marana until the
improvements to Cortaro Farms Road are in place.
31. The applicant shall modify the street sections to provide sidewalks on both sides of the local
streets in the R-6 residential area. Sidewalks on one side of the street may be acceptable for
the lower density (R-16) residential area, subject to review and approval of the Town.
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. 2004.07.
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.
Section 5. The Mayor is authorized to execute this Ordinance upon receipt by the Town ora fully
executed Willow Ridge Development Agreement in substantially the form approved by the Council
on April 20, 2004.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
20th day of April, 2004.
Dated:
ATTEST:
~b"6elyn C.yronson, 'fown Clerk
APPROVI K) AS TO FORM:
1
6
6
S
Marana Ordinance No, 2004.07
Page 4 of 4
EXHIBIT A
PRELIMINARY
LEGAL DESCRIPTION
WILLOW RIDGE REZONING
ASSESSORS TAX PARCELS:
221-15-023A, 221-15-023B, 221-16-026B, & 221-16-026C
THREE PARCELS OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST,
GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
R-6 PARCEL
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 25, SAID POINT
ALSO BEING ON THE CENTERLINE OF RIGHT-OF-WAY OF CORTARO FARMS
ROADWAY AS RECORDED IN BOOK 2 OF ROAD MAPS AT PAGE 123, RECORDS OF
PIMA COUNTY, ARIZONA;
THENCE CONTINUING ALONG SAID CENTERLINE N 89°40'19'' E, A DISTANCE OF
677.09 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N 89°40'19'' E, ALONG SAID CENTERLINE, A DISTANCE OF
1473.83 FEET;
THENCE DEPARTING SAID CENTERLINE, S 00o14'26'' W, A DISTANCE OF 446.74
FEET;
THENCE N 89°40'41'' E, A DISTANCE OF 495.08 FEET;
THENCE S 00027'28" E, A DISTANCE OF 871.10 FEET;
THENCE S 00o32'28'' E, A DISTANCE OF 1256.41 FEET;
THENCE N 40°50'17'' W, A DISTANCE OF 1153.00 FEET;
THENCE N 57040'37'' W, A DISTANCE OF 553.00 FEET;
THENCE N 66o04'39'' W, A DISTANCE OF 117.12 FEET;
ENCE N 00 37 38 E, A DISTANCE OF 30.33 FEET;
THENCE N 89o38'57'' E, A DISTANCE OF 99.40 FEET;
THENCE N 00o39'32'' W, A DISTANCE OF 99.88 FEET;
THENCE S 89°32'06'' W, A DISTANCE OF 99.51 FEET;
1
6
6
0
P:~Jobs\129 Willow Ridge~urvey\Willow Ridge Rezoning L~gal Description.doc 1
THENCE N 00o41 '42" W, A DISTANCE OF 98.00 FEET;
THENCE N 42o33'37'' W, A DISTANCE OF 330.00 FEET;
THENCE N 39013'52" W, A DISTANCE OF 216.34 FEET;
THENCE N 16029'05" W, A DISTANCE OF 449.58 FEET;
THENCE N 38°43'35" W, A DISTANCE OF 260.59 FEET;
THENCE N 00019'54" W, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION LYING WITHIN SAID CORTARO ROAD RIGHT-OF-WAY AS
IT CURRENTLY EXISTS.
SAID PARCEL CONTAINING 60.8 ACRES, MORE OR LESS.
NC P/iR CEL
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 25, SAID POINT
ALSO BEING ON THE CENTERLINE OF RIGHT-OF-WAY OF CORTARO FARMS
ROADWAY AS RECORDED IN BOOK 2 OF ROAD MAPS AT PAGE 123, RECORDS OF
PIMA COUNTY, ARIZONA;
THENCE CONTINUING ALONG SAID CENTERLINE N 89°40'19'' E, A DISTANCE OF
2150.92 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID CENTERLINE, S 00014'26'' W, A DISTANCE OF 446.74
FEET;
THENCE N 89°40'41' E, A DISTANCE OF 495.08 FEET;
THENCE N 72059'39" E, A DISTANCE OF 453.88 FEET;
THENCE N 00039'06" E, A DISTANCE OF 60.00 FEET;
THENCE S 89045'35" E, A DISTANCE OF 180.10 FEET;
THENCE N 00°18'17" E, A DISTANCE OF 258.35 FEET TO A POINT ON THE
CENTERL1NE OF SAID CORTARO ROAD RIGHT-OF-WAY;
THENCE CONTINUE ALONG SAID CENTERLINE S 89°40'11'' W, A DISTANCE OF
622.44 FEET;
THENCE CONTINUE ALONG SAID CENTERLINE S 89°40'19'' W, A DISTANCE OF
493.75 FEET TO THE POINT OF BEGINNING.
1
P:XJobs\129 Willow RidgcXsurvey\Willow Ridge Rezoning Legal Description.doc 2
EXCEPT ANY PORTION LYING WITHIN SAID CORTARO ROAD RIGHT-OF-WAY AS
IT CURRENTLY EXISTS.
SAID PARCEL CONTAINING 9.7 ACRES, MORE OR LESS.
R-16 P.4RCEI,
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 25, SAID POINT
ALSO BEING ON THE CENTERL1NE OF RIGHT-OF-WAY OF CORTARO FARMS
ROADWAY AS RECORDED IN BOOK 2 OF ROAD MAPS AT PAGE 123, RECORDS OF
PIMA COUNTY, ARIZONA;
THENCE CONTIiN-UING ALONG SAID CENTER.LINE N 89°40'19" E, A DISTANCE OF
2644.67 FEET TO THE POINT OF BEGI1NNING;
THENCE N 89040, 11E" ALONG SAID CENTERLINE, A DISTANCE OF 622.44 FEET;
THENCE DEPARTING SAID CENTERLINE, S 00°18'17'' W, A DISTANCE OF 74.94 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUE S 00°18'17'' W, A DISTANCE OF 183.41 FEET;
THENCE N 89045' 35" W, A DISTANCE OF 180.10 FEET;
THENCE S 00o39'06'' W, A DISTANCE OF 60.00 FEET;
THENCE S 72059'39'' W, A DISTANCE OF 453.88 FEET;
THENCE S 00°27'28'' E, A DISTANCE OF 871.10 FEET;
THENCE N 89°33'46" E, A DISTANCE OF 1323.73 FEET;
THENCE N 00032'31", A DISTANCE OF 1250.77 FEET;
THENCE S 89°40'51" W, A DISTANCE OF 700.90 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION LYING WITHIN SAID CORTARO ROAD RIGHT-OF-WAY AS
IT CURRENTLY EXISTS.
SAID PARCEL CONTAINING 34.1 ACRES, MORE OR LESS.
6
6
6
P:XJobs\129 Willow RidgeXsurvey\Willow Ridge Rezoning Legal Description.doc 3
I
i~'
i~-
i
i
871. I0'
S00"27'28'E
1256.41 '
S~0'$2'28'E