HomeMy WebLinkAboutOrdinance 2019.010 Rezoning of 52 Acres of Lan East of I-10 and a half-mile South of Linda Vista Blvd F. ANN RODRIGUEZ, RECORDER 11110101111111111111111111111111111110111111111111
Recorded By: JSH .t
• DEPUTY RECORDER ,4 � SEQUENCE: 20191750232
J
497x� NO. PAGES: 6
SM'RA �I b 06/24/2019
TOWN OF MARANA 10:29:59
PICKUP
MARANA ORDINANCE NO. 2019.010
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
52 ACRES OF LAND LOCATED EAST OF INTERSTATE 10, APPROXIMATELY A
HALF-MILE SOUTH OF LINDA VISTA BOULEVARD, FROM ZONE E
(TRANSPORTATION CORRIDOR ZONE) AND ZONE C (LARGE LOT ZONE) TO R-
3.5 (SINGLE-FAMILY RESIDENTIAL) AND R-6 (SINGLE-FAMILY RESIDENTIAL),
AND APPROXIMATELY 17.4 ACRES OF LAND FROM ZONE E (TRANSPORTATION
CORRIDOR ZONE) TO VILLAGE COMMERCIAL (VC); AND APPROVING A MINOR
AMENDMENT TO THE MARANA GENERAL PLAN LAND USE DESIGNATION
FROM LOW-DENSITY RESIDENTIAL (LDR) TO MEDIUM-DENSITY RESIDENTIAL
(MDR)
WHEREAS Sears Financial Development, LLC, Joplin Estates, LLC, and the
Chivers Family Trust (collectively the "Property Owners") own a total of 69.4 acres of
property located south of Linda Vista Boulevard and east of Interstate 10 in portions of
Sections 22 and 23, 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 the Property Owners have authorized The Planning Center to submit
an application to rezone 52 acres of the Rezoning Area from Zone E (Transportation
Corridor Zone) and Zone C (Large Lot Zone) to R-3.5 (single-family residential) (33.7
acres) and R-6 (single-family residential) (18.3 acres), and 17.4 acres from Zone E
(Transportation Corridor Zone) to Village Commercial (VC), and to amend the Marana
General Plan from Low-Density Residential (LDR) to Medium-Density Residential
(MDR); and
WHEREAS the Marana Planning Commission held a public hearing on this
Rezoning on March 27, 2019, and voted 6 to 0 to recommend that the Town Council
approve this Rezoning and its associated minor general plan amendment, subject to the
recommended conditions and amending one condition; and
WHEREAS the Marana Town Council held a public hearing on this Rezoning
and its associated general plan amendment on June 18, 2019 and determined that this
Rezoning and minor general plan amendment should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
Marana Ordinance No.2019.010 -1 - 6/17/2019 4:46 PM BDV FC
Section 1. The zoning of the Rezoning Area is hereby changed from Zone E
(Transportation Corridor Zone) and Zone C (Large Lot Zone) to R-3.5 (single-family
residential), R-6 (single-family residential) and 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.
2. Any preliminary plat or development plan for any portion of the Rezoning Area
shall be in general conformance with the Conceptual Land Use 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 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
Marana Ordinance No.2019.010 - 2- 6/17/2019 4:46 PM BDV FC
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. The maximum number of residential lots within the Rezoning Area shall not
exceed 185.
9. The minimum lot size allowed within the portion of the Rezoning Area being
rezoned by this ordinance to R-3.5 (single-family residential) zone shall be 4,800
square feet. The minimum lot size allowed within the portion of the Rezoning Area
being rezoned by this ordinance to R-6 (single-family residential) zone shall be 6,000
square feet.
10. 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.
11. 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.
12. 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.
13. The Property Owners shall not cause any lot split of any kind without the written
consent of the Town of Marana.
14. No subdivision plat or development plan shall be approved for any portion of the
Rezoning Area until the public right-of-way of Camino Benicardo has been
dedicated through the Linda Vista Village at Cascada property, establishing legal
public access from the Rezoning Area to Linda Vista Boulevard.
Marana Ordinance No.2019.010 -3 - 6/17/2019 4:46 PM BDV FC
15. No certificate of occupancy shall be issued for any structure within the Rezoning
Area until substantial completion of construction of Camino Benicardo through the
Linda Vista Village at Cascada property, establishing paved public access from the
Rezoning Area to Linda Vista Boulevard.
16. The Property Owners shall dedicate right-of-way at a width of 90 feet for Camino
Benicardo with the recording of the first final subdivision plat. Right-of-way shall be
dedicated along the entire frontage of the residential portion of the Rezoning Area
as shown on the Conceptual Land Use Plan. The Property Owners shall be
responsible for the design and construction of the Camino Benicardo roadway along
the frontage.
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 18th day of June, 2019.
1.„e
Mayor Ed Honea
ATTE APPROV AS T. FORM:
Cherry L. Law/ , own Clerk Fra Cas'i. , own At .rney
c/♦.
Ad<S6A.
MARANA AZ
ESTABLISHED 1977
Marana Ordinance No.2019.010 -4 - 6/17/2019 4:46 PM BDV FC
EXHIBIT A
LEGAL DESCRIPTION-JOPLIN ESTATES
PARCEL 1:
THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND
MERIDIAN, PIMA COUNTY, ARIZONA, LYING NORTHEAST OF THE TUCSON GAS
AND ELECTRIC COMPANY RIGHT-OF-WAY AS DESCRIBED IN DOCKET 2336 AT
PAGE 82.
EXCEPT THE NORTH 800 FEET OF THE EAST 800 FEET OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 22.
PARCEL 1A:
EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVER:
THE NORTH 30 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER; THE NORTH 30 FEET OF THE NORTH HALF OF THE SOUTHEAST
QUARTER; THE EAST 30 FEET OF THE NORTH 30 FEET OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER; THE WEST 30 FEET OF THE NORTH 30
FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THE SOUTH
30 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; AND THE
EAST 30 FEET OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 12
SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA
COUNTY, ARIZONA.
PARCEL 2:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND
MERIDIAN, PIMA COUNTY, ARIZONA.
PARCEL 2A:
EASEMENTS FOR INGRESS AND EGRESS AND UTILITIES AS SET FORTH IN:
DOCKET 4186 AT PAGE 572 AND DOCKET 6216 AT PAGE 1079.
EASEMENTS FOR INGRESS AND EGRESS AS SET FORTH IN: DOCKET 2470 AT
PAGES 15, 16 AND 17; DOCKET 4349 AT PAGE 51; DOCKET 5508 AT PAGES 62 AND
66; AND DOCKET 6062 AT PAGE 661.
PARCEL 3:
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER
BASE AND MERIDIAN, PIMA COUNTY, ARIZONA.
EXCEPT THE EAST 528 FEET.
ti\
\\\
PERRY
ENGINEERING