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HomeMy WebLinkAboutResolution 2020-055 Amending Plat Note 13 of the Desert Oasis at Twin Peaks Subdivision F. ANN RODRIGUEZ, RECORDER 11111110111101111111111111111111110111111111111111111111111 IIIIIIIIIIIIIIVIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: MRR / PIN DEPUTY RECORDER SEQUENCE: 20201640125 SMARA 5019 W� v,n NO. PAGES: 2 aln,F.: 06/12/2020 PICKUP MARANA MARANA *� �* 9:32:55 MARANA RESOLUTION NO. 2020-055 RELATING TO DEVELOPMENT; AMENDING PLAT NOTE 13 OF THE DESERT OASIS AT TWIN PEAKS SUBDIVISION PLAT CONCERNING THE TIMING OF BUILDING PERMITS RELATIVE TO THE ISSUANCE OF A LETTER OF MAP REVISION BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY WHEREAS Desert Oasis at Twin Peaks is a 74-lot subdivision plat recorded in the Pima County Recorder's office on October 19, 2018 at sequence 20182920050 for the property located east of Twin Peaks Road and north of Oasis Road; and WHEREAS plat note 13 of the Desert Oasis at Twin Peaks subdivision provides: "No building permits will be issued for lots with FEMA floodprone line encroachments (Lots 1-11, 20-26, 36-39 and 47-57) prior to approval of a LOMR (Letter of Map Revision)"; and WHEREAS Mattamy Homes, the developer of the Desert Oasis development, secured a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) and successfully completed improvements to protect the lots of the subdivision from flooding; and as a result, Desert Oasis was granted a final Letter of Map Revision (LOMR) which will remove its lots from the FEMA floodplain; and WHEREAS, due to the COVID-19 pandemic, there has been a delay in FEMA processing LOMRs across the country; consequently, the Desert Oasis LOMR will not be effective until late September of 2020; and WHEREAS, to aid with scheduling, Mattamy Homes has requested that the Town issue building permits for lots within Desert Oasis that will be removed from the FEMA floodplain when the LOMR becomes effective; and WHEREAS Marana Town Code section 17-15-10-E.9.d prohibits subdivision lots affected by a LOMR from being released from subdivision assurance agreements or from having certificate of occupancies granted until the LOMR is effective, but does not prohibit the issuance of building permits for lots affected by a LOMR; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that plat note 13 of the Desert Oasis at Twin Peaks subdivision is hereby amended to provide: "Lots with FEMA floodprone line 00070042.DOCX/1 Marana Resolution No.2020-055 - 1 - 5/18/2020 1:34 PM encroachments (Lots 1-11, 20-26, 36-39 and 47-57) shall not be released from subdivision assurance agreements and shall not be issued a certificate of occupancy prior to approval of a LOMR (Letter of Map Revision)". IT IS FURTHER RESOLVED that this resolution shall be promptly recorded in the office of the Pima County Recorder, to give notice of the plat note amendment. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the objectives of this resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of June, 2020. gC42-Cac--- Mayor Ed Honea ATTEST: 4leopti APPROVED AS TO FORM: Cherry L. L. son, Town Clerk . rat, Cass'f, Town Att t ney MARANA AZ ESTABLISHED 1977 00070042.DOCX/1 Marana Resolution No.2020-055 - 2- 5/18/2020 1:34 PM