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HomeMy WebLinkAboutOrdinance 2020.015 Approving a Rezoning of Approx. 30 Acres Located North of Moore Rd and West of Tortolita Rd F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIII I IIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIII Recorded By: LW /4;17-144 DEPUTY RECORDER �0 SEQUENCE: 20202970124 41 _'�`� I Z NO. PAGES: 4 SMARA "A 1� 10/23/2020 TOWN OF MARANA �* 9:41:55 PICKUP `9/ttzo�Q' MARANA ORDINANCE NO. 2020.015 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 30 ACRES OF LAND LOCATED NORTH OF MOORE ROAD AND WEST OF TORTOLITA ROAD FROM R-144 RESIDENTIAL TO R-8 RESIDENTIAL WHEREAS MELO, L.L.C., Yu-Shuan Chang and Li-Hsin Chang, Co-Trustees of the Yu-Shuan Chang Trust, and Richard I. Weiss and Nancy G. Weiss (collectively the "Property Owners") own a total of 30 acres of land located north of Moore Road and west of Tortolita Road within Section 26, Township 11 South, and 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 WLB Group to submit an application to rezone the Rezoning Area from R-144 Residential to R-8 Residential ("this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on September 30, 2020 and voted 6-0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions and adding three additional conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on October 20,2020 and determined that this 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 R-144 Residential to R-8 Residential. 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. Ordinance No.2020 015 - 1 - 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Land Use Concept 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 water provider prior to approval of a preliminary plat or development plan 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 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 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) 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 82. 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 Owners from responsibility to ensure compliance with all applicable federal and state laws and Ordinance No.2020.015 - 2 - regulations, including the Endangered Species Act and the Clean Water Act. iThe 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. 10. The Property Owners shall transfer to the water provider,by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for 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 water provider 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. 11. 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. 12. A 100% clearance survey for the desert tortoise shall be completed by a qualified biologist at the Property Owner's expense prior to issuance of any grading permits. If a desert tortoise is found during the survey or at any time during construction, the Property Owners shall immediately notify the AZGFD, and the tortoise shall be moved in accordance with the most current AZGFD Tortoise Handling Guidelines at the Property Owner's expense. 13. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. The following lots shall be limited to one-story construction: Lots 1-17, 43, 44, 53, 54, 63-68, and 77-82. 15. Final approval of the Traffic Impact Analysis must be issued by the Marana Traffic Engineering Division. 16. Design and construction, acceptable to the Town, of a roundabout at the intersection of Tortolita Road and Moore Road. The timing of the operational opening shall be determined by the Traffic Engineering Division. 17. Coyote Howl Road will be improved to a street section acceptable to the Marana Engineering Department and will include pedestrian access, acceptable to the Engineering Department, from the southern boundary of the Rezoning Area south to Moore Road. 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 Ordinance No.2020.015 - 3 - 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 20th day of October, 2020. . t, /LI- eA--L.-/__ Cu.__ Mayor Ed Honea ATTES A, APPROV 2 AS 0 FORM: 41./1, ,. .410, _ /-A&i4ir X Cherry L. .. on, Town Clerk ink C.r• , Tow iforney 4/11160 IVIARANA AZ ESTABLISHED 1977 Ordinance No.2020.015 - 4 - EXHIBIT A Tortolita 30 Legal Description (per Title Report) Parcel 1: The Northwest quarter of the Northeast quarter of the Southeast quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. Parcel 2: The Northeast quarter of the Northeast quarter of the Southeast quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. Except the East 30 feet conveyed to the Town of Marana, an Arizona municipal corporation, in Docket 10481 at page 680 and re-recorded in Docket 10495 at page 618. Parcel 3: The Southwest quarter of the Northeast quarter of the Southeast quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. , Irtil 11 i rim its t ,, p is in I m mil IT" 41 0 EAST 1/4 COR. SEC. 26, T-11-S, mi •I */ , - : �� , /44 (30' E. OF SUBJECT PROPERTY N.E. CORNER) - II Si tall MOM ■ I ■ = o f ♦lir �` skagyPIIIIII al -1 ati - imm, Wm r.i. forritiri ,Ai• . 'I." *WSW I/X. I SUBJECT SUBJECT �, ' '1 PROPERTY PROPERTY .7" :' `� ,N • I"PARCEL 1"I I"PARCEL Z'I Um '`, , ' V116 oowwan a ;I, SUBJECT IPROPERTY!"PARCEL 3" 0 11 $ 'r, , Is= 69i A gi • w -Av /4 I � k UIOhIIII$t' . - �- w iiiiiiii';.4%i4. �■ � IN.r�. 1 ■ 44 j" oJ0M ,./moi' [ l !tP,jjia - • lAilte1+---- me EC. 26 SEC. •• I MOORE RD. \ 100111111101 ",I SEC. 35•sLuI;q/2Ak1 It D� ;��111 Tortolita 30 ��� Rezoning Location _ g "G:\projects\19ak Tortolita 30\a01\0130\Orb Submittal\Map to Accompany legal Description.dwg"