HomeMy WebLinkAboutOrdinance 2019.020 Approving Amendments to the Marana Main Street Specific Plan F. ANN RODRIGUEZ, RECORDER 1111111111011111011111111111111110111111111111110111111111
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DEPUTY RECORDER { SEQUENCE: 20192630153
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TOWN OF MARANA
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MARANA ORDINANCE 2019.020
RELATING TO DEVELOPMENT; APPROVING AMENDMENTS TO THE MARANA
MAIN STREET SPECIFIC PLAN
WHEREAS the Marana Main Street Specific Plan was adopted by the Marana
Town Council November 18, 2008, by Ordinance 2008.24; and
WHEREAS the Marana Main Street Specific Plan was amended by the Marana
Town Council March 19, 2013, by Ordinance 2013.004; and
WHEREAS the owners of the remaining undeveloped land subject to the Marana
Main Street Specific Plan have submitted a request for amendment of the Marana Main
Street Specific Plan as it applies to the remaining undeveloped land; and
WHEREAS the Marana Planning Commission held a public hearing on August
28, 2019, and voted 6-0 to recommend that the Town Council approve the requested
amendment, including the conditions authorized by Ordinance 2013.004; and
WHEREAS the Marana Mayor and Town Council held a public hearing on
September 17, 2019, and determined that the amendment to the Marana Main Street
Specific Plan should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
Section 1. The Marana Main Street Specific Plan is hereby amended updating
the Development Plan and Development Regulations of the current plan to allow for
the development of additional businesses with drive-through facilities in the Highway
Support Commercial land use designation area, without the requirement for a
conditional use permit, and to allow for the development of a pharmacy with associated
drive-through on the southeast corner of Marana Main Street and Sandario Road in the
Marana Main Street Commercial land use designation area, upon approval of a
conditional use permit.
Section 2. The purpose of this amendment is to modify the specific plan to
clarify, and provide opportunities similar to other developments, in developing the
commercial project design, 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):
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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.
2. Any preliminary plat or development plan shall be in general conformance with
the Land Use Concept of the Marana Main Street Specific Plan as amended by
this ordinance.
3. This project is located within the Northwest Marana Transportation, Lower Santa
Cruz River Levee, and Marana Park Benefit Areas, and will be subject to those
development impact fees at time of permitting.
4. The property owner shall not cause any lot split of any kind without the written
consent of the Town of Marana.
5. No approval, permit or authorization by the Town of Marana authorizes
violation of any federal or state law or regulation or relieves the applicant or the
land owner from responsibility to ensure compliance with all applicable federal
and state laws and regulations, including the Endangered Species Act and the
Clean Water Act. Appropriate experts should be retained and appropriate
federal and state agencies should be consulted to determine any action necessary
to assure compliance with applicable laws and regulations.
6. A master drainage study must be submitted by the developer and accepted by
the Town prior to approval of any preliminary plat or development plan.
7. Potential buyers shall be notified that some or all of the property in this rezoning
may be subject to an annual tax and assessment by Cortaro Marana Irrigation
District and Cortaro Water Users' Association
8. A detailed traffic analysis shall be submitted and accepted by staff prior to
approval of any preliminary plat or development plan.
9. The developer will be responsible for the design and construction of any
roadway improvements that the Town requires based on the data and findings of
the accepted traffic impact analysis and other traffic studies that will be required
at the platting or development plan stages of this project.
10. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the
developer and accepted by the Marana Water Department prior to the approval
of any preliminary plat or development plan.
11. The property owner shall transfer, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR, Type I or Type II to the
Town of Marana for the Town providing designation of assured water supply
and water service to said property. If Type I or Type II are needed on said
property, the Town and developer/landowner shall arrive at an agreeable
solution to the use of those water rights appurtenant to said land.
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12. To ensure that the historical heritage of the site is remembered, in the first phase
of this development the developer will build and install to Town specifications a
marker commemorating the cotton production and processing that occurred on
this site. Maintenance of the heritage marker will be the responsibility of the
Town of Marana.
13. The amended Marana Main Street Specific Plan document may be subject to
minor grammatical and illustrative changes prior to Town Council consideration.
14. An annual report shall be submitted within 30 days of the anniversary of the
Town Council's approval of the Marana Main Street Specific Plan in addition to
those requirements listed in the Land Development Code and Specific Plan.
15. Within 60 days of the adoption of this ordinance, the applicant shall provide the
Planning Department with the following final edition of the amended Marana
Main Street Specific Plan: one non-bound original; five bound copies; and three
digital copies in Microsoft Word or other acceptable format.
16. The developer of each lot in this project will be responsible for the design and
construction of Marana Main Street to its ultimate cross section along the
frontage of said developer's project property.
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 hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 17th day of September, 2019.
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May r Ei Hon a
ATT o APPROVE -AS TO FORM:
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Cherry .wson, Town Clerk Frank Cassidy, Town Attorn-
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MARANA AZ
ESTABLISHED 1977
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