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Home My WebLink AboutOrdinance 2007.003 Approving a Specific Plan for The Barrios De Marana Specific Plan SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 13022 3248 5 20070610621 03/29/2007 16:13 F. ANN RODRIGUEZ, RECORDER RECORDED BY: LLK , DEPUTY RECORDER 0112 PEl DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A SPECIFIC PLAN FOR THE BARRIOS DE MARANA SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 38 acres ofland located within a portion of Section 22, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December 20, 2006, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives ofthe owner, staff and members ofthe public at the regular Town Council meeting held March 6,2007 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Town Core to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 38-acres ofland located within a portion of Section 22, Township 11 South, Range 11 East, about a half mile north ofthe Marana Municipal Complex, just north of the terminus of Marana Main Street and Grier Road intersection (the "Rezoning Area"), changing the land use designation from Town Core to Master Planning Area. Section 2. The zoning of approximately 38-acres ofland located within a portion of Section 22, Township 11 South, Range 11 East, about a half mile north of the Marana Municipal Complex, just north ofthe terminus of Maran a Main Street and Grier Road intersection (the "Rezoning Area"), is hereby changed from Zone "A" (Small Lot Zone) to "F" (Specific Plan) creating the Barrios de Marana Specific Plan. Section 3. The purpose ofthis rezoning is to allow the use of the Rezoning Area for attached multi- family housing and Mixed-use consisting of commercial and residential, subject to the following conditions, the violation of which shall be treated in the same manner as a violation ofthe Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all provisions of the Town's codes, ordinances and policies ofthe General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. {00004330.DOC I} Marana Ordinance No. 2007.03 3/20107 COUNCIL MEETING ADOPTED VERSION Page 1 of4 .---- 7 2. This rezoning is valid for five years from the date of Town Council approval. Ifthe developer fails to have a 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. Any preliminary plat or development plan shall be in general conformance with the Land Use Concept ofthe Barrios de Marana Specific Plan. 4. The Developer shall dedicate, or cause to have dedicated, 90 feet of right-of-way for continuation of Maran a Main Street from the southern property line to the northwest property line and 62 feet of right-of-way for the future linkage between Marana Main Street and Frontage Road. 5. 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. 6. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans. 7. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Town of Marana Utilities Director prior to the approval of the water plans. 8. No approval, permit or authorization by the Town of Maran a 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. 9. The property owner shall not cause any lot split of any kind without an approved subdivision. 10. Potential buyers shall be notified that some or all ofthe property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 11. The property owner shall transfer with the final plat, 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. 12. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for its share of costs for construction of the levee. 13. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 14. Upon adoption of the ordinance by the Mayor and Council approving the Barrios de Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Barrios de Marana Specific Plan: one non-bound original; twenty-five bound {00004330.DOC I} Marana Ordinance No. 2007.03 3/20/07 COUNCIL MEETING ADOPTED VERSION Page 2 of 4 ~;~ 1,::% i!':;~ ::;~~ ~::~~~ it':) 3 :::c~ ,c:1 '!:;~ copies; and two digital copies, one in PDF format and one in Microsoft Word or other acceptable format, within thirty days of the adoption of the ordinance. 15. A voluntary contribution of$1 ,200 per dwelling unit paid to the Marana Unified School District at the time of building permit. 16. The applicant shall modify the Development Standards within the Mixed-Use land use designation as follows: a. All buildings along Marana Main Street shall be a minimum of two stories and contain varied roof heights, features, styles and colors. b. All buildings along Marana Main Street shall contain varied facades, with generous first floor heights, architectural details and special comer treatments. 17. The applicant shall modify the permitted uses for the Mixed-Use land use designation to provide that the "Multi-Family (Attached) Residential" use is prohibited within the first floor of buildings that front Marana Main Street. 18. The applicant shall modify the permitted uses for the Residential land use designation to delete the live/work units as an allowable use. 19. Any and all structures, any portion of which is located within the following areas, shall not exceed one story and 22 feet in height: A. Within 60 feet of (i) the west boundary of the Rezoning Area, (ii) Grier Road or (iii) the property located at 13655 W. McDuff Road. B. Within 120 feet of any currently existing residence outside ofthe Rezoning Area. C. Fronting on the Marana Vista Estates subdivision, Grier Road, and residential properties on McDuff Road. 20. There shall be no more than 350 total allowable residential units within the Residential Land Use designation area. 21. At least 60% of the land area of the Residential Land Use designation area shall be developed with residential units designed, developed and offered for individual sale. 22. The applicant shall delete the reference to minimum gross area per dwelling unit within the Residential Land Use designation area. Section 4. This Ordinance shall be treated as having been adopted and the 30-dayreferendum period established by Arizona Revised Statutes section ("A.R.S. f') 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. S 12-1131 et seq., and specifically A.R.S. S 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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 {00004330.DOC I} Marana Ordinance No. 2007.03 3/20107 COUNCIL MEETING ADOPTED VERSION Page 3 of 4 '~ :::~: !l:;;l :~;:~~ !,:;;;~ :r::;~ ~~~ ",,:1 ::~;~: S 11~1 repealed, effective as ofthe effective date of Ordinance No. 2007.03. Section 6. If any section, subsection, sentence, clause, phrase or portion ofthis 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 ofthe Town of Maran a, Arizona, this 20th day of March, 2007. ATTEST: :\\'~U1',,, f!..(;1!< OF IVL ~ ...~~ ~\\\"m'II~I9'~ ;:':0 ~ '!t.l~ ~ ~ ~ i CORPORATE ~~ ""'" _ ::: cx:x:;) i :: - - SEAL - - fI'P ~ i!lI~. ;::_ \~ ~ ;.: ~ ~ ~ , ~ ~ ~Jllm\\\~ ~ 2. i<d~'~ i~U'\\\~ vli~ Mayor Ed Honea it:;~ ,~:~ !~:~; ,Ii! ,ij" {00004330.DOC I} Marana Ordinance No. 2007.03 3/20/07 COUNCIL MEETING ADOPTED VERSION Page 4 of 4 EXHIBJT "A" A parcel of land lying within the Southwest Quarter of Section 22, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: . BEGINNING at the South Quarter Section corner of said Section 22; THENCE North 89 degrees 58 minutes 00 seconds West along the South line of said Section 22, a distance of 330.00 feet; THENCE North 00 degrees 24 minutes 11 seconds East, a distance of 30.00 feet to the intersection of the West right of way line of McDuff Road as established in Road Maps Book 14 at page 20 with the North line of Grier Road as established by Proceedings No. 113 and the TRUE PLACE OF BEGINNING; THENCE North 89 degrees 58 minutes 00 seconds West along the North right of way line of Grier Road, a distance of 1,259.18 feet; THENCE North 00 degrees 34 minutes 15 seconds East, a distance of 1,652.23 feet; THENCE North 89 degrees S7 minutes 54 seconds East, a distance of 692.68 feet; THENCE South 54 degrees 03 minutes 49 seconds East along the existing right of way line of Interstate Highway 1-10, a distance of 65.95 feet; THENCE South 00 degrees 24 minutes 11 seconds West, a distance of 484.34 feet; THENCE South 89 degrees 58 minutes 00 seconds East, a distance of 210.00 feet; THENCE South 00 degrees 24 minutes 11 seconds West, a distance of 373.00 feet; THENCE South 89 degrees 58 minutes 00 seconds East, a distance of 298.00 feet to a point on the West right of way line of said McDuff Road; THENCE South 00 degrees 24 minutes 11 seconds West along said right of way line, a distance of 481.44 feet; THENCE South 89 degrees 36 minutes 40 seconds West along an existing fence line, a distance of 170.69 feet; THENCE South 00 degrees 42 minutes 25 seconds East along an existing fence line, a distance of 179.88 feet; THENCE North 89 degrees 29 minutes 43 seconds East along an existing fence line, a distance of 167.21 feet to the West right of way line of said McDuff Roadj THENCE South 00 degrees 24 minutes 11 seconds West, a distance of 96.00 feet to the TRUE PLACE OF BEGINNING. . ~ Barrios de Marana Specific Plan F. ANN RODRIGUEZ, RECORDER RECORDED BY: LLK DEPUTY RECORDER 0112 PEl DOCKET: 13022 PAGE: 3247 NO. OF PAGES: 1 SEQUENCE: 20070610620 03/29/2007 CONSEN 16:13 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.03 BARRIOS DE MARANA I LLC, an Arizona limited liability company (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described Exhibit A attached to Marana Ordinance No. 2007.03 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06084, filed on behalf of the Owner, which the Marana Town Council approved with conditions on March 20, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes S 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office ofthe county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this ~ay of March, 2007. STATE OF County of Pim ) The foregoing instrument was acknowledged before me on March o?A ;4007 by Rodrigo Diaz Brown, the managing member of BARRIOS DE MARANA I LLC, an Arizona limited liability company, on behalf of the LLC " n/!.~ . v U IC LEE PELLEGRINO NOTARY PUBLIC -- ARIZONA PIMA COUNTY My Commission Expires July 29.2007 :1. ,.:~ it~;1 ::~~ :~:~ My commission expires: /}-J1Q-dD07 ~;l '~"~ :":'1 ,!It:. ,d 7 {00004237.DOC / 2} 3/21/20073:08 PM FJC