HomeMy WebLinkAboutOrdinance 2020.009 Approving a Rezoning of Land Located at the SW Corner of Aerie Dr and Thornydale Rd F. ANN
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MARANA ORDINANCE NO. 2020.009
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
10.74 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF AERIE DRIVE
AND THORNYDALE ROAD FROM 'NC- NEIGHBORHOOD COMMERCIAL' TO 'F -
SPECIFIC PLAN' FOR THE PURPOSE OF CREATING THE ALEXANDER SPECIFIC
PLAN; AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS I.T. Investments Three, L.L.C. (the "Property Owner") owns 10.74
acres of land located within the northeast portion of Section 6, Township 13 South,
Range 13 East, described and depicted on Exhibit "A" attached to and incorporated in
this ordinance by this reference (the "Rezoning Area"); and
WHEREAS the Property Owner has authorized the Planning Center to submit an
application to rezone the Rezoning Area from'NC - Neighborhood Commercial' to 'F -
Specific Plan' ("this Rezoning"), and to amend the 2010 Marana General Plan from 'C'
Commercial to 'MPA' Master Plan Area; and
WHEREAS the Marana Planning Commission held a public hearing on this
Rezoning on June 24, 2020, and voted five to zero (with two Commissioners absent) to
recommend that the Town Council approve this Rezoning, subject to the recommended
conditions with an additional height stipulation added by the Planning Commission
and incorporated into the specific plan document; and
WHEREAS the Marana Mayor and Town Council held a public hearing on July
21, 2020 and determined that the application for 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 'NC -
Neighborhood Commercial' to'F -Specific Plan,' creating the Alexander Specific Plan.
Section 2. A minor amendment to the General Plan is hereby approved,
changing the General Plan designation of the Rezoning Area from 'C' Commercial to
'MPA' Master Plan Area.
Section 3. 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 Owner and its successors in interest (all of whom are
collectively included in the term"Property Owner" in the following conditions):
Marana Ordinance No.2020.009 - 1 - 7/9/2020 1:36 PM
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 Owner 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 detailed traffic impact analysis must be submitted by the Property Owner and
accepted by Town staff prior to approval of a preliminary plat or development plan
for any portion of the Rezoning Area.
5. A water infrastructure and phasing plan (WIP) must be submitted by the Property
Owner and accepted by Tucson Water (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 Owner must enter into a water service
agreement with the water provider consistent with the accepted WIP.
6. A master sewer plan must be submitted by the Property Owner 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 Owner must enter into a sewer service agreement with the wastewater
utility consistent with the accepted master sewer plan.
7. The Property Owner 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.
Marana Ordinance No.2020.009 - 2 - 7/9/2020 1:36 PM
8. 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.
9. No approval, permit or authorization by the Town of Marana authorizes violation of
any federal or state law or regulation or relieves the Property 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. The
Property Owner should retain appropriate experts and consult appropriate federal
and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
10. Prior to the issuance of any grading permits, the Property Owner 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. A 100% clearance survey for the desert tortoise shall be completed by a qualified
biologist at the Property Owner's expense and a survey report shall be submitted to
the Town and to the Arizona Game and Fish Department (AZGFD) prior to issuance
of any grading permits. If a desert tortoise is found during the survey or at any time
during construction, the Property Owner shall immediately notify the Town and
AZGFD, and the tortoise shall be moved in accordance with the most current
AZGFD Tortoise Handling Guidelines at the Property Owner's expense.
12. The Property Owner shall not cause any lot split of any kind without the written
consent of the Town of Marana.
13. Within 60 days after the adoption of this ordinance, the Property Owner shall
provide the Planning Department with two bound copies and two electronic copies
on CD in PDF format, which will also include graphics of the conceptual land use
plan in JPEG or other suitable format of the Alexander Specific Plan.
14. Based on the Town-accepted Traffic Impact Study's traffic data and findings, the
developer of this project shall be responsible for the design and construction of the
following off-site roadway improvements:
a. A directional median opening shall be constructed on Thornydale Road at the
intersection with Aerie Drive that allows left turns from Thornydale Road
(northbound and southbound), but prevents left turns from Aerie Drive onto
Thornydale Road.
b. One of the existing two eastbound lanes on Aerie Drive shall be dropped,
following engineering standards, so that there is a single eastbound lane on Aerie
Drive at the intersection of Thornydale Road.
Marana Ordinance No.2020.009 - 3 - 7/9/2020 1:36 PM
c. The resulting single eastbound lane on Aerie Drive shall be designed to allow
only right turns onto Thornydale Road.
d. The landscaped median shall be widened to incorporate any excess pavement
width on Aerie Drive as a result of the lane drop and configured to force right
turns onto Thornydale Road.
e. The existing landscaped median island on Aerie Drive shall be reconfigured at
Driveway #2 to provide a dedicated left-turn lane for westbound Aerie Drive
into Driveway #2.
15. The Alexander Connector Trail will be constructed by the developer unless other
cost-sharing mechanisms are negotiated with Pima County and/or the Town of
Marana when the eastern portion of the site is developed and only after the planned
extension CDO River Park has been constructed.
Section 4. 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 5. 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 21st day of July, 2020.
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Mayor d onea
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Cherry L. :wson, Town Clerk Cassidy .own Att.rn-
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MARANA AZ
ESTABLISHED 1977
Marana Ordinance No.2020.009 - 4 - 7/9/2020 1:36 PM
EXHIBIT A
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Parcel AP&s:101-05-042X,101-0S-(1421 and 101-05 0430 .a
Township 13S Range 13E,Section 6 I a21r3' 400
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Parcell:
That portion of Section 6,Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima
County,Arizona,and that portion of Lot 5, of THORNYDALE PLAZA, a subdivision of Pima County,Arizona
according to the map or plat thereof of record in the office of the County Recorder of Pima County,
Arizona, in Book 26 of Maps and Plats at page 84 thereof, described as follows:
COMMENCING at the most Northerly corner common to Lots 5 and 6 of THORNYDALE PLAZA;
THENCE South 00 degrees 14 minutes 25 seconds West, along the West line of the said Lot 5, a distance
of 508.30 feet to the POINT OF BEGINNING;
THENCE South 00 degrees 14 minutes 25 seconds West, along the said West line and its Southerly
prolongation, a distance of 649.06 feet to a line 77.00 feet Southeasterly of and parallel with the
Southeasterly line of said Lot 5;
THENCE North 60 degrees 56 minutes 45 seconds East, along the said parallel line, a distance of 1012.94
feet to the Westerly right-of-way line of Thornydale Road;
THENCE North 13 degrees 48 minutes 45 seconds West, along the said right-of-way, a distance of 102.62
feet to a point of curvature of a tangent curve concave to the East;
EXHIBIT A
(Continued)
THENCE Northerly along the said right-of-way, along the arc of said curve,to the right, having a radius of
1075.10 feet and a central angle of 10 degrees 59 minutes 27 seconds for an arc distance of 206.32 feet
to a point of reverse curvature of a tangent curve concave to the Southwest;
THENCE Northwesterly along the arc of said curve, to the left, having a radius of 45.00 feet and a central
angle of 87 degrees 28 minutes 05 seconds for an arc distance of 68.70 feet to a point of tangency on the
South right-of-way of that easement recorded in Docket 7816 at page 1861;
THENCE South 89 degrees 42 minutes 37 seconds West, along the said right-of-way,a distance of 105.78
feet to a point of curvature of a tangent curve concave to the Southeast;
THENCE Southwesterly along the said right-of-way,along the arc of said curve,to the left, having a radius
of 1335.99 feet and a central angle of 30 degrees 31 minutes 09 seconds for an arc distance of 711.63 feet
to the POINT OF BEGINNING.
(JV Arbs 53 and 56)
Parcel 2:
That portion of Section 6,Township 13 South, Range 13 East,Gila and Salt River Base and Meridian, Pima
County,Arizona, described as follows;
BEGINNING at the Southwest corner of Lot 5, of THORNYDALE PLAZA, a subdivision of Pima County,
Arizona according to the map or plat thereof of record in the office of the County Recorder of Pima County,
Arizona, in Book 26 of Maps and Plats at page 84 thereof;
THENCE South 00 degrees 14 minutes 25 seconds West,along the Southerly prolongation of the West line
of the said Lot 5, a distance of 88.29 feet to a line 77.00 feet Southeasterly of and parallel with the
Southeasterly line of the said Lot 5;
THENCE North 60 degrees 56 minutes 45 seconds East, along the said parallel line, a distance of 1012.94
feet to the Westerly right-of-way of Thornydale Road;
THENCE North 13 degrees 48 minutes 45 seconds West, along the said right-of-way a distance of 79.81
feet to the Southeast corner of the said Lot 5;
THENCE South 60 degrees 56 minutes 45 seconds West, along the Southeasterly line of the said Lot 5, a
distance of 990.72 feet to the POINT OF BEGINNING.
(JV Arb 73)