HomeMy WebLinkAboutOrdinance 2020.014 Approving Rezoning of Approx. 9.38 acres on the North Side of Tangerine Rd and Approving a Minor Amendment to the General Plan F. ANN RODRIGUEZ, RECORDER 11111B1111 1111111111111111111
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Recorded By: LW of PI1y1
DEPUTY RECORDER
SEQUENCE: 20202970123
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SMARA '\L�.a � 10/23/2020
TOWN OF MARANA '1)0A)14 -
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MARANA ORDINANCE NO. 2020.014
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
9.38 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SIDE OF
TANGERINE ROAD, APPROXIMATELY 1,200 FEET EAST OF THE INTERSECTION
OF TANGERINE ROAD AND CAMINO DE OESTE, FROM 'R-144' RESIDENTIAL TO
'F' DOVE MOUNTAIN SPECIFIC PLAN AND APPROVING A MINOR AMENDMENT
TO THE GENERAL PLAN
WHEREAS Rita Land Corporation and DM Phase IV Investment LLC (collectively
the "Property Owners") are the owners of approximately 9.38 acres of land generally
located on the north side of Tangerine Road, approximately 1,200 feet east of the
intersection of Tangerine Road and Camino de Oeste, in Section 31, Township 11 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 Owners have submitted an application to rezone the
Rezoning Area from 'R-144' Residential to 'F' Dove Mountain Specific Plan ("this
Rezoning"),and amend the 2040 Marana General Plan designation for the Rezoning Area
from Low Density Residential (LDR) to Master Plan Area (MPA); and
WHEREAS the Marana Planning Commission held a public hearing on this
Rezoning on September 30, 2020, and voted 6 to 0, with one Commissioner absent, to
recommend that the Town Council approve this Rezoning, subject to the recommended
conditions; and
WHEREAS the Marana Town Council held a public hearing on 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 amended Dove Mountain Specific Plan, adding the Rezoning Area
to the specific plan boundary with a land use designation of Mixed Use Commercial
(MUC), and rezoning the Rezoning Area from 'R-144' Residential to 'F' Dove Mountain
Specific Plan, one electronic and one printed copy of which is on file in the office of the
Town Clerk of the Town of Marana, Arizona,which was made a public record by, and is
attached as, Exhibit A to Marana Resolution No. 2020-117, is hereby referred to, adopted
and made part of this ordinance as if fully set out here.
Ordinance No.2020.014 - 1 -
1
Section 2. A minor amendment to the General Plan is hereby approved, changing
the General Plan designation of the Rezoning Area from Low Density Residential (LDR)
to Master Plan Area (MPA).
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 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.
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall
be in general conformance with the tentative development 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 detailed traffic impact analysis must be submitted by the Property Owners 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
Owners and accepted by 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 Owners 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 Owners 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 Owners must
enter into a sewer service agreement with the wastewater utility consistent with the
accepted master sewer plan.
Ordinance No.2020.014 - 2 -
7. 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.
8. The final design of required streets and circulation facilities,including gated access (if
applicable) and emergency access, must be in conformance with applicable fire codes
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 Owners 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 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. 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.
11. A 100% clearance survey for the desert tortoise shall be completed by a qualified
biologist at the Property Owners' 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 Owners 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 Owners' expense.
12. The Property Owners shall not cause any lot split of any kind without the written
consent of the Town of Marana.
13. Compliance with all provisions of the Town's Codes, Street Standards, and
Ordinances, current at the time of any subsequent development, including, but not
limited to, requirements for public improvements.
14. Upon adoption of the ordinance by the Mayor and Council approving the amendment
to the Dove Mountain Specific Plan, the applicant shall provide the Planning
Department with three paper copies and one digital copy of the specific plan with the
appropriate changes made, within 60 days of the adoption.
15. This specific plan amendment shall not confer any impact fee exemptions previously
agreed to through the Dove Mountain Development Agreement(s).
Ordinance No.2020.014 - 3 -
16. All open space easements, public trails and/or wildlife corridors shall be dedicated
to the applicable entity at the time of platting, and no construction shall be permitted
in the delineated Floodplain without the consent of the Development Services
Administrator.
17. Prior to approval of a subdivision plat or development plan, within the Rezoning
Area, the applicant shall provide written verification that the site has been annexed in
the Northwest Fire District.
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 20th day of October, 2020.
p 7,11_
Mayor Ed Honea
ATT AttO APPROVED, S TO FORM:
//
Cherry La Is , Town Clerk an: Cass'd Town fr tor ey
MARANA AZ
ESTABLISHED 1977
Ordinance No.2020.014 - 4 -
MARANA RESOLUTION NO. 2020-117
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE
TOWN CLERK THE AMENDED DOVE MOUNTAIN SPECIFIC PLAN ADOPTED BY
ORDINANCE NO. 2020.014
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA that the amended Dove Mountain Specific Plan adopted by Ordinance No. 2020.014
and attached to and incorporated in this resolution as Exhibit A,one electronic and one paper copy
of which are on file in the office of the Town Clerk, is hereby declared to be a public record and
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20th day of October, 2020.
ze44
Mayor Ed Honea
ATT/. APPROVE S AS T• FORM:
,401! .0'"" %,"
Cherry La on, Town Clerk 'ra Cassi. own Attie
41/
MARANA AZ
ESTABLISHED 1977
Resolution No.2020-117 - 1 - [10.02.20 1pm][CLR]
On Point Surveying, PLLC EXHIBIT A
onpointsurveygroup(a,,gmail.com Legal Description &
(520)490-2467 Map Exhibit
LEGAL DESCRIPTION
PARCEL 1
A portion of those certain Parcels of land described in Sequence Numbers 20163191105 and 20193571053 in the
Office of the Pima County Recorder, situated in the Southeast Quarter of the Southwest Quarter of Section 31,
Township 11 South,Range 13 East,Gila and Salt River Meridian,Pima County,Arizona, more particularly
described as follows:
BEGINNING at the southeast corner of said Parcel described in Sequence Number 20193571053,which is on
the north right of way of Tangerine Road monumented by a 2 inch aluminum capped rebar stamped RLS 58199,
from which the northeast corner of said Parcel monumented by a 5/8 inch rebar tagged LS 4680,bears North
00°10'24"West,a distance of 811.46 feet;
Thence South 89°48'45 West, upon said north right of way,a distance of 197.25 feet to a point of curvature,
monumented by a 2 inch aluminum capped rebar stamped RLS 58199;
Thence upon said curve to the right,with a radius of 3350.00 feet,through a central angle of 00°03'52",and an
arc length of 3.76 feet,to the southwest corner of said Parcel described in Sequence Number 20193571053,
monumented by a 2 inch aluminum capped rebar stamped RLS 58199;
Thence continuing upon said curve to the right,with a radius of 3350.00 feet,through a central angle of
03°26'07", and an arc length of 200.86 feet, to the southwest corner of said Parcel described in Sequence
Number 20163191105,monumented by a 2 inch aluminum capped rebar stamped RLS 58199, hereinafter
known as Point A;
Thence North 00°12'15"West, upon the west line of said Parcel,a distance of 805.53 feet,to the northwest
corner of said Parcel,monumented by a 5/8 inch rebar;
Thence North 89°45'58"East,upon the north line of said Parcel, a distance of 14.9.41 feet;
Thence South 33°16'19"West,a distance of 243.88 feet;
Thence North 89°49'31"East, a distance of 387.18 feet,to the east line of said Parcel described in Sequence
Number 20193571053;
Thence South 00°10'24"East, upon the east line of said Parcel,a distance of 608.03 feet, to THE POINT OF
BEGINNING.
Excepting From the Following Described Parcel:
A portion of that certain Parcel of land described in Sequence Numbers 20163191105 in the Office of
the Pima County Recorder, situated in the Southeast Quarter of the Southwest Quarter of Section 31,
Township 11 South, Range 13 East,Gila and Salt River Meridian, Pima County,Arizona,more particularly
described as follows:
Page 1 of 5
COMMENCING at aforementioned Point A;
Thence North 00°12'15"West, upon the west line of said Parcel, a distance of 9.13 feet;
Thence North 89°47'45"East, a distance of 135.80 feet,to a '/inch rebar tagged LS 10046, also being THE
POLNT OF BEGINNING;
Thence North 00°09'39"West, a distance of 70.02 feet,to a '/ inch rebar tagged LS 10046;
Thence North 89°51'34"East, a distance of 49.94 feet, to a'/ inch rebar tagged LS 10046;
Thence South 00°10'46"East,a distance of 69.99 feet,to a '/inch rebar tagged LS 10046;
Thence South 89°49'10" West,a distance of 49.97 feet,to a '/inch rebar tagged LS 10046, also being THE
POINT OF BEGINNING.
Parcel 1 contains 257204.4 square feet,or 5.90 acres more or less as described.
PARCEL 2
THE LAND REFERRED TO HEREIN BELOW IS SITUAF`ED IN THE COUNTY OF PIMA, STATE OF
ARIZONA,AND IS DESCRIBED AS FOLLOWS:
That portion of the East half of the Southwest quarter of Section 31,Township 11 South Range 13 East,Gila
and Salt River Base and Meridian,Pima County,Arizona, described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of said Section 31;
Thence North 0 degrees I0 minutes 11 seconds West along the West line of said Southeast quarter of the
Southwest quarter, 50 feet to the North line of Tangerine Road as said road is shown in Book 7 of Road Maps at
Page 83,said point being the TRUE POINT OF BEGINNING;
Thence continue North 0 degrees 10 minutes I 1 seconds West along the West line of said Southeast quarter of
the Southwest quarter and its Northerly projection, 1367.91 feet to a point 99 feet Northerly of the Northwest
corner of said Southeast quarter of the Southwest quarter of said Section 31;
Thence North 89 degrees 49 minutes 19 seconds East parallel to the North line of said Southeast quarter of the
Southwest quarter, 662.67 feet;
Thence South 0 degrees 10 minutes 11 seconds East,parallel to the West line of the Southeast quarter of the
Southwest quarter, 1367.98 feet to the North line of Tangerine Road;
Thence South 89 degrees 49 minutes 40 seconds West along the North line of said Tangerine Road,662.67 feet
to the True Point of Beginning.
EXCEPT the following described property as conveyed by Deed recorded in Docket 5156 page 218, Pima
County Records:
Page 2 of 5
That portion of the East half of the Southwest quarter of Section 31,Township 11 South,Range 13 East,Gila
and Salt River Base and Meridian,Pima County,Arizona, described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of said Section 31;
Thence North 0 degrees 10 minutes 11 seconds West along the West line of said Southeast quarter of the
Southwest quarter and its northerly prolongation, 1417.91 feet to a point 99.0 feet Northerly of the Northwest
corner of the Southeast quarter of the Southwest quarter of said Section 31;
Thence North 89 degrees 49 minutes 19 seconds East parallel to the North line of said Southeast quarter of the
Southwest quarter,402.41 feet,said point being the TRUE POINT OF BEGINNING;
Thence continue North 89 degrees 49 minutes 19 seconds East,260.2 feet;
Thence South 0 degrees 10 minutes 11 seconds East parallel to the West line of the Southeast quarter of the
Southwest quarter,684.00 feet;
Thence South 89 degrees 49 minutes 40 seconds West,260.26 feet;
Thence North 0 degrees 10 minutes 11 seconds East parallel to the West line of the Southeast quarter of the
Southwest quarter,683.97 feet to the True Point of Beginning.
EXCEPT the following described property as conveyed by Deed recorded in Docket 7774 page 1342,Pima
County Records:
That portion of the East half of the Southwest quarter of Section 31,Township 11 South,Range 13 East,Gila
and Salt River Base and Meridian,Pima County,Arizona,described as follows:
Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of said Section 31;
Thence North 0 degrees 10 minutes 11 seconds West along the West line of said Southeast quarter of the
Southwest quarter, 50.0 feet to the North line of Tangerine Road as said Road is shown in Book 7 of Road Maps
at page 83,said point being the TRUE POINT OF BEGINNING;
Thence continue North 0 degrees 10 minutes 11 seconds West along the West line of said Southeast quarter of
the Southwest quarter and its Northerly projection 1367.91 feet to a point 99.0 feet Northerly of the Northwest
corner of the Southeast quarter of the Southwest quarter of said Section 31;
Thence North 89 degrees 49 minutes 19 seconds East parallel to the North Iine of said Southeast quarter of the
Southwest quarter,402.41 feet;
Thence South 0 degrees 10 minutes 11 seconds East parallel to the West line of the Southeast quarter of the
Southwest quarter, 1367.95 feet to the North line of Tangerine Road;
Thence South 89 degrees 49 minutes 40 seconds West along the North line of said Tangerine Road to the True
Point of Beginning.
EXCEPT the following described property as conveyed by Warranty Deed recorded in DocumentNo.
20170530379 and Affidavit of Scrivener's Error in,Document No.2017270080, Pima County Records:
A portion of the property described in Docket 7657,page 269,recorded in the Pima County Recorder's Office,
Pima County,Arizona, located in the Southwest quarter of Section 31 of Township 11 South,Range 13 East,
Page 3 of 5
Gila and Salt River Meridian,Pima County,Arizona, lying South of a line that lies 150.00 feet north of and
parallel with the South line of said Section:
Secondarily described as follows:
BEGINNING at the Southeast corner of that property described in Sequence 20160820628,recorded in the Pima
County Recorder's Office, Pima County,Arizona,upon the South line of said property described in Docket 7657,
page 269, monumented by a 5/8 inch rebar with tag marked "LS 4680";
Thence upon the East line of the property described in Sequence 20160820628,North 0 degrees 36 minutes 23
seconds West,a distance of 100.09 feet to a line 150.00 feet North of and parallel with the South line of said
Southwest quarter;
Thence upon said line,North 89 degrees 24 minutes 13 seconds East,a distance of 260.12 feet to the West line
of that property described in Sequence 20160780293, recorded in the Pima County Recorder's Office,Pima
County,Arizona;
Thence upon said West line, South 0 degrees 36 minutes 53 seconds East, a distance of 100.07 feet to the
Southwest corner of the property described in Sequence 20160780293,and the South line of the property
described in Docket 7657,page 269, monumented by a 1/2 inch rebar with tag marked "RLS 19316";
Thence upon said South line, South 89 degrees 23 minutes 57 seconds West, a distance of 260,14 feet to the
Point of Beginning.
Parcel 2 contains 151530.3 square feet,or 3.48 acres more or less as described.
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LINE BEARING bISTANCEI
L1 N 000939 W170.02'
L2 , L2 N 8951344 E 149.94'
T.3 IS001046E 69.99'
L4 IS 894910' W 49.97'
Well - L5 IN 00'12'15 W 9.13'
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135.80' L.
POINT "A4..-15------- - - -,0O.B S 89'4845 W 197.25 S 894845 W 259 41'
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CURVE RADIUS ARC LENGTH DELTAP.O.B
ANGLE Parcel 1
Cl 3350.00' 3.76' 00352'
C2 3350.00' 200.86 3'2607"
A Portion of the Southeast Quarter of On Point Surveying,
the Southwest Quarter of Section 31 , PLLC
Township 11 South , Range 13 East, (520)490-2467 or (520)279-1884
Gila and Salt River Meridianonpointsurveygroup@gmail.com,
Pima County, Arizona -
Page 5 of 5 }