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HomeMy WebLinkAboutOrdinance 2019.006 Approving a Rezoning North of Cortaro Farms Road and West of Cerius Stravenue RF.eco ded ByIGUEG, RECORDER IIIIIII I IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII VJ DEPUTY RECORDER /r ©� SEQUENCE: 20190840194 4967 n;flukliNA NO. PAGES: 6 SMARA '�` " 03/25/2019 TOWN OF MARANA '9�Xt��' 12:21:25 PICKUP MARANA ORDINANCE NO. 2019.006 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 5.47 ACRES OF LAND LOCATED NORTH OF CORTARO FARMS ROAD AND WEST OF CERIUS STRAVENUE FROM R-8 SINGLE-FAMILY RESIDENTIAL AND LIGHT INDUSTRIAL (LI) TO VILLAGE COMMERCIAL (VC) WHEREAS Cortaro Commercial JV, LLC and Cortaro Ranch Community Association (collectively the "Property Owners") own approximately 5.47 acres of property located north of Cortaro Farms Road and west of Cerius Stravenue in Section 26, Township 12 South, Range 12 East, described and depicted on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area"); and WHEREAS an application has been submitted on behalf of the Property Owners to rezone the Rezoning Area from R-8 Single-Family Residential (4.08 acres) and Light- Industrial (LI) (1.39 acres) to Village Commercial (VC) ("this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on February 27, 2019, and voted 7-0 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 March 19, 2019 and determined that this Rezoning should be approved. NOW, THEREFORE, 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-8 Single- Family Residential and Light Industrial (LI) to Village Commercial (VC). Section 2. 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. 00062303.DOCX/1 Marana Ordinance No.2019.006 - 1 - 3/7/2019 3:33 PM BDV/FC Co 2. 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. 3. 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. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the Marana Water Department (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 information 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. 5. 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. 6. 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. 7. The final design of all streets and circulation facilities, including gated access (if applicable) and emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 8. 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 00062303.DOCX/1 Marana Ordinance No. 2019.006 -2- 3/7/2019 3:33 PM BDV/FC 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. 9. The Property Owners shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and the Property Owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 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 met through the Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 11. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 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 this ordinance. 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 of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of March, 2019. ----i' 2 l'. f. .rik,CLA___.- _7( Mayor Ed Honea ATTES. APPROV r D AS TO FORM: 1d / /2 filiJ r--.4.1a1 Cherry L. - o , Tof,Ton Clerk Fr. C•ss.4 y, TownjA orney L V. MARANA AZ ESTABLISHED 1977 00062303.DOCX/1 Marana Ordinance No.2019.006 -3 - 3/7/2019 3:33 PM BDV/FC EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE NORTH HALF OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP FLUSH MARKING THE EAST QUARTER CORNER OF SAID SECTION 26, FROM WHICH A BRASS CAP FLUSH MARKING THE NORTHEAST QUARTER OF SAID SECTION 26 BEARS NORTH 00°37'19"WEST, 2609.09 FEET; THENCE SOUTH 89°18'13"WEST, ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 26, 2598.91 FEET; THENCE DEPARTING SAID MIDSECTION LINE NORTH 00°41'47"WEST, 878.37 FEET; TO THE POINT OF BEGINNING; THENCE NORTH 00°41'47"WEST, 147.48 FEET; THENCE NORTH 89°18'13" EAST, 42.98 FEET; THENCE NORTH 86°30'01" EAST, 32.52 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 375.68 FEET, FROM WHICH THE CENTER BEARS NORTH 52°36'13" EAST; THENCE NORTH, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 42°38'31", AN ARC LENGTH OF 279.60 FEET; THENCE SOUTH 89°18'10"WEST, 25.00 FEET; THENCE NORTH 00°41'47"WEST, 25.06 FEET; THENCE SOUTH 89°13'43"WEST, 673.33 FEET; THENCE SOUTH 42°44'37" EAST, 688.11 FEET; THENCE NORTH 47°15'23"EAST, 25.00 FEET; THENCE SOUTH 68°54'55" EAST, 13.31 FEET; THENCE NORTH 89°18'13"EAST, 141.01 FEET; THENCE NORTH 44°18'13" EAST, 88.42 FEET TO THE POINT OF BEGINNING. CONTAINING 238,339 SQUARE FEET OR 5.472 ACRES, MORE OR LESS. 0 �, x Title: LEGAL DESCRIPTION pica o 1 44007 4. Project#: 09003088 o it RYAN L. xi i,: FIDLER ,;#x Date: 12/17/18 �� Fli L. CONSUIrTlNO i Page: 1 OF 3 L.ANto mLr vmY w PAAFV.1,40 MOL. IC31-4S. _',...: 1F2 Al Als STA^ tvi Mi. R "1".2..4F-'.M AZ ea..n r.st E XPIRLS 03/.31/21 W WWIAL-.PC Ui—TIN=.COM • -Ccs—vArs-r.Ee EXHIBIT "B" LEGAL EXHIBIT 0N FOUND BRASS CAP FLUSH NTS NORTHEAST CORNER SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST S89° 13'43"W L6 L4 F " / 673,33' ,r IQ p ,. 7' .i 4?)* / / L2 L3 o Z L8 L7 L6 i, M d' t� FOUND CHISELED X o 1 coD CENTER OF SECTION 26, z TOWNSHIP 12 SOUTH, RANGE 12 EAST THIS EXHIBIT IS FOR GRAPHICAL � �6'02� .� ���� 688.91' ^�� S89° 8' 13"W 2618.93' n REPRESENTATION ONLY. ITS INTENT IS TO BE FOUND BRASS CAP FLUSH USED SOLELY IN CONJUNCTION WITH THE EAST QUARTER CORNER SECTION 26, ATTACHED LEGAL DESCRIPTION AND DOES TOWNSHIP 12 SOUTH, RANGE 12 EAST NOT CONSTITUTE A BOUNDARY SURVEY. P.O.C. Title: LEGAL EXHIBIT 0. 44007 rt Project#:09003088 tg RYAN FIDLER Date: 12/17/18 4,,. N CONSUL_TINC *Oily _ ' Page 2 OF 3 .8. 8. A 4.....A1,4t) Mur=vev let-• N. ST AC7EM C1R. • TEt 1FE AZ 63'_f.?.E" EXPIRES 033/31/21 www..r l...�coe.lsur_.�lNS,COl=+ • -lac)-w-a.Z.satelc iP, EXHIBIT "B" LEGAL EXHIBIT LINE TABLE LINE LENGTH BEARING L1 147.48 N0°41'47"W L2 42.98 N89° 18' 13"E L3 32.52 N86° 30' 01"E L4 25.00 S89° 18' 10"W L5 25.06 NO°41'47"W LB 25.00 N47° 15' 23"E L7 13.31 S68° 54' 55"E L8 141.01 N89° 18' 13"E L9 88.42 N44° 18' 13"E } CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD LENGTH C1 279.60 375.68 42°38'31" N16°04'31"W 273.19 Title: LEGAL EXHIBITAtvci �y< 44007 Project#: 09003088 F9 cc RYAN L. ,} FIDLER Date: 12/17/18 1' CDNUL_TIN[ }404 Page:• 3 OF 3 `Fiv'aY NA PA1C3 MCZ.,I-L,-10 121.4 nt uTAD0A,4 €_3.# • 1'7.:.MF'E� AZ R.^S0RO EXPIRES 03/31/21 wAlt w F31_,FCCINSEJLT1G.COM • <1A417-)--1-1 ^Q10GA