HomeMy WebLinkAboutOrdinance 2020.018 Approving a Rezoning of Approx. 63.8 acres of Land Northside of Avra Valley Road to Heavy Industry F. ANN RODRIGUEZ, RECORDER IIIIIIII IIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIII
Recorded By: LW ®F PI1l,j
DEPUTY RECORDER /1SEQUENCE: 20203250033
�O
41 �; Z NO. PAGES: 8
SMARA *L4?°•a, 11/20/2020
TOWN OF MARANA 9RN Y
9:57:30
PICKUP
MARANA ORDINANCE NO. 2020.018
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
63.8 ACRES OF LAND LOCATED ON THE NORTH SIDE OF AVRA VALLEY ROAD,
APPROXIMATELY 0.70 MILES EAST OF THE INTERSECTION OF AVRA VALLEY
ROAD AND SANDARIO ROAD, FROM 'C' LARGE LOT AND 'AG' AGRICULTURAL
TO'HI' HEAVY INDUSTRY
WHEREAS the Town of Marana (the "Property Owner") owns 63.8 acres of land
located on the north side of Avra Valley Road, approximately 0.70 miles east of the
intersection of Avra Valley Road and Sandario Road, in Sections 3 and 10, Township 12
South, Range 11 East, described and depicted on Exhibit "A" attached to and
incorporated in this ordinance by this reference (the "Rezoning Area"), which the Town
intends to sell to interested parties (the "Future Property Owners") for future
development; and
WHEREAS the Property Owner has submitted an application to rezone the
Rezoning Area from 'C' Large Lot and 'AG' Agricultural to 'HI' Heavy Industry ("this
Rezoning"); and
WHEREAS the Marana Planning Commission held a public hearing on this
Rezoning on October 28, 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
November 17,2020 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'C' Large Lot
and 'AG' Agricultural to 'HI' Heavy Industry.
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,
Ordinance No.2020-018 - 1 -
}
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 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 Future 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 Future
Property Owners and accepted by the Marana Water Department (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 Future 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 Future Property Owners and accepted
by the Marana Water 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 Future Property Owners must enter into a sewer
service agreement with the wastewater utility consistent with the accepted master
sewer plan.
7. The Future 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 all streets and circulation facilities, including gated access (if
applicable) and emergency access, must be accepted by the Northwest Fire District
Ordinance No.2020-018 - 2 -
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 Future 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
Future 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 Future 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% desert tortoise survey shall be completed by a qualified biologist at the
Property Owner's expense and approved by the Town prior to the issuance of any
grading permits in the Rezoning Area. Any Sonoran Desert tortoises found on the
Rezoning Area shall be relocated 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. Notwithstanding uses listed as permitted or conditional in the Heavy Industry (HI)
zone (Land Development Code (LDC) Section 5.12.03), the following uses are
prohibited in the Rezoning Area:
a. All residential uses
b. All uses listed in LDC Section 5.11.04. RC, Regional Commercial
c. Elementary and secondary schools, preschools, day care centers, and similar
uses
d. Colleges, universities, and trade schools
e. Manufacturing/processing and warehouse/storage of hazardous substances.
For purposes of this subparagraph, "hazardous substance" is defined as any
substance meeting the definition of "hazardous substance" found in the
comprehensive environmental response, compensation, and liability act
(CERCLA) § 101(14) (42 U.S.C. § 9601(14)) including but not limited to, those
substances listed at 40 CFR § 300.5.
f. Hotels, motels and other transient lodging establishments
g. Theaters, playhouses, concert halls, performing arts centers
h. Outdoor sports events, entertainment and public assembly, amphitheaters
Ordinance No.2020-018 - 3 -
i. Hospitals, nursing and convalescent homes, outpatient surgery centers
j. Religious facilities, libraries, museums, galleries, clubs and lodges
14. Notwithstanding uses listed as permitted or conditional in the HI zone, the following
uses are conditional in the Rezoning Area:
a. Movie, television, and radio studios or broadcasting facilities
15. Land uses that create columns of dust, steam,water vapor, or smoke dense enough to
impair pilot or air traffic controller vision and compromise flight safety are prohibited
in the Rezoning Area. If the FAA reviews the proposed land use through the 14 CFR
Part 77 obstruction evaluation/airport airspace analysis (OE/AAA) process and
issues a determination indicating no objections to the proposed land use due to dust,
steam, water vapor, or smoke, that determination will be considered adequate
evidence that the land use can proceed without creating this hazard.
16. Land uses that produce thermal plumes (such as power plants or other land uses that
employ smoke stacks, cooling towers, or that create thermal exhaust), with the
potential to interfere with the safe control of aircraft by causing air turbulence, are
prohibited in the Rezoning Area. If the FAA reviews the proposed land use through
the 14 CFR Part 77 OE/AAA process and issues a determination indicating no
objections to the proposed land use due to the potential thermal plume effects, that
determination will be considered adequate evidence that the land use can proceed
without creating this hazard.
17. Land uses which have the potential to attract birds are prohibited in the Rezoning
Area, including the following:
a. Waste disposal operations, including municipal and commercial solid waste
landfills, trash transfer stations that handle waste that are not fully enclosed or
lack ventilation and air filtration systems adequate to control odors escaping
to the outdoors, and commercial or institutional composting operations that
accept food waste
b. Water management facilities, including stormwater management facilities and
artificial ponds, including water detention, retention, or recharge ponds,
wastewater treatment facilities and associated settling ponds, and wetlands
mitigation projects
18. Notwithstanding the building height restrictions listed in the HI zone, for proposed
projects within the Rezoning Area, Future Property Owners and project developers
will be required to comply with FAA notice requirements for proposed construction
or alteration of objects by filing Form 7460-1, "Notice of Proposed Construction or
Ordinance No.2020-018 - 4 -
Alteration," with the FAA, when the need for filing is indicated by FAA regulations.
In general:
a. Objects that penetrate a critical airspace surface, as defined by FAA
regulations, and objects that the FAA determines are hazards are prohibited.
b. Objects that do not penetrate a critical airspace surface and that the FAA issues
a Determination of No Hazard (DNH) for, are permitted subject to the FAA's
DNH conditions.
19. Future Property Owners will be required to incorporate features into the design and
construction of buildings in the Rezoning Area where people work or are otherwise
present to achieve an outdoor-to indoor noise level reduction of 25 decibels.
20. Future Property Owners shall inform potential buyers that property located within
the Rezoning Area falls within the airport influence area as delineated in the Make
Marana 2040 General Plan and is subject to frequent overflight by general aviation
aircraft.
21. An avigation easement will be recorded concurrently with or prior to issuance of a
building permit for any building in the Rezoning Area holding the Town of Marana
harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel
particles, or any other effects that may be caused by aircraft landing, departing or
operating at or near the airport, not including the physical impact of aircraft or parts
thereof.
22. The following lighting systems are prohibited in the Rezoning Area if they are
directed toward the final approach paths of aircraft:
a. Search lights (including temporary searchlights for special events, etc.)
b. Stroboscopic lights
c. Laser lights
d. A linear array of sequenced flashing lights
e. Any lighting systems that produce effects mimicking airport identification
lighting, runway end identification lighting, or runway approach lighting
23. Building materials that may produce glint and glare causing visual after-images or
flash blindness in pilots and air traffic controllers are prohibited in the Rezoning Area.
If the FAA reviews the proposed project through the 14 CFR Part 77 OE/AAA process
and issues a final Notice of Determination indicating no objections to the potential
glint and glare effects of the proposed building materials, the building materials may
be used..
Ordinance No.2020-018 - 5 -
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
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 17th day of November, 2020.
:i�tdmr
Mayor E• 'onea
ATTES : APPROV ` AS TO FORM:
ir /- `
A .
Cherry L. L. son, Town Clerk Jane rall, Interim Town Attorney
z 46
MARANA AZ
ESTABLISHED 1977
Ordinance No.2020-018 - 6 -
Exhibit A
Legal Description Airport Commerce Rezone
That portion of sections 3 and 10,Township 12 South, Range 11 East, Gila and Salt River Base and
Meridian, Pima County,Arizona, lying North of Avra Valley Road and West of the Central Arizona Project
canal, more particularly described as follows:
COMMENCING at the Northeast corner of said section 10;
THENCE S 00°36'01" E along the east line of said section 10 a distance of 2640.64 feet to the southeast
corner of the northeast quarter of said section 10;
THENCE S 89°23'54" W along the half section line of said section 10 a distance of 1575.78 feet;
THENCE N 00°34'38"W a distance of 50.00 feet to a point on the north right-of-way of Avra Valley Road
and the POINT OF BEGINNING.
THENCE S 89°23'54" W along the north right-of-way of Avra Valley Road a distance of 46.00 feet;
THENCE N 00°34'38" W a distance of 386.49 feet;
THENCE 335.53 feet along a tangential curve to the left, whose radius bears S 89°24'56" E,a distance of
434.00 feet,through a central angle of 44°17'45";
THENCE N 44°52'49"W a distance of 2768.64 feet;
THENCE N 45°01'38" E a distance of 776.11 feet;
THENCE S 50°03'07" E a distance of 2,733.49 feet;
THENCE S 31°34'02"W a distance of 211.93 feet;
THENCE S 50°03'26" E a distance of 161.71 feet;
THENCE S 31'34'02"W a distance of 847.12 feet;
THENCE S 00°02'31" W a distance of 435.95 feet to a point on the N right-of-way of Avra Valley Road;
THENCE S 89°23'54" W along the north right-of-way of Avra Valley Road a distance of 83.90 feet to the
POINT OF BEGINNING.
Exhibit A
Legal Description Airport Commerce Rezone
vaA� x '
lw 4-::': ; : -
a
� x
•
, —: ,
(V-,,‘:'.,,,,k \\ ,'.::;:zqiiiiiitiiiRroNkt:,.:.' ,- ;',;,-;: ' "�t• X n° � %,; •, �
�� k
1,.1(diiiiibi.h?. ,.,11111ablowitay:.:,--- ,--:i,.*-..-..:Ial,-,4.-.-it)A-x-..:,...i.'„Ali,::,:::::,,oNN4*. 7,,p41,i.,,,,:..A.' ...,,,,', ...*7;tv9.1*.t ii.:5112NI ,,
\ � 3 Ski
E \p�, ; `may a ' �i
` IIII� \• �� I. t
•f i .li � � '4, '4'':''''- v � � a
\ r \o
,`" Avra Valley Road 5' - ,