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HomeMy WebLinkAboutOrdinance 2021.001 Approving a Rezoning of 40 acres South of Tangerine and West of Breakers Road GABRIELLA CAZARES-KELLY, RECORDERovptiki (III ( VIII I II I III I II III II III III II Recorded By: EYC9n 5013DEPUTY RECORDER c1,4 iIOe' SEQUENCE: 20210500123 SMARA t?a: 1 NO. PAGES: 5 TOWN OF MARANA Iz�° �kIZ 02/19/2021 OS 9:50:53 PICKUP MARANA ORDINANCE NO. 2021.001 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 40 ACRES OF LAND LOCATED EAST OF INTERSTATE 10, SOUTH OF TANGERINE ROAD, AND WEST OF BREAKERS ROAD FROM ZONE C - LARGE LOT ZONE TO HEAVY INDUSTRY (HI) WHEREAS MC Tangerine Property, LLC, (the"Property Owner") owns a total of 40 acres of land located east of Interstate 10, south of Tangerine Road, and west of Breakers Road within Section 5, Township 12 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 Owner has authorized Paradigm Land Design, LLC to submit an application to rezone the Rezoning Area from Zone C - Large Lot Zone to Heavy Industry (HI) ("this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on January 27, 2021 and voted 4-0 to recommend that the Town Council approve this Rezoning subject to the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on February 16, 2021, 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 Zone C-Large Lot Zone to Heavy Industry (HI). 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 Owner and its successors in interest (all of whom are collectively included in the term"Property Owner" 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.2021.001 - 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 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 water infrastructure and phasing plan (WIP) must be submitted by the Property Owner 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 Owner 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 Owner 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 Owner must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. 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. 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 approval of a development plan or a final plat for any portion of the Rezoning Area. 8. 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 Ordinance No.2021.001 - 2 - and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 9. The Property Owner 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 Owner shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. 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 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 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. The Property Owner shall dedicate right-of-way at a width of approximately 30 feet along the eastern boundary of the Rezoning Area in accordance with the approved traffic statement prior to approval of a development plan or upon demand by the Town of Marana. 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. Ordinance No.2021.001 - 3 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. 14-„, . Mayor Ed Honea ATTES • APPROVED AS TO FORM: ,41,711.... Cherry L'wson, Town Clerk Ja airall, Town Attorney MARANA AZ r 8LiSHED 1977 Ordinance No.2021.001 - 4 - Exhibit "A" Tangerine 40 Legal Description (per Bruce Small RLS) PARCEL 1: The East half of the North half of the Southwest Quarter of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5,over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5,as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913. PARCEL 2: The West half of the North half of the Southwest Quarter of the Northeast Quarter, Section 5,Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5,over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5,as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913. PARCEL 3: The South half of the Southwest Quarter of the Northeast Quarter, Section 5,Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County,Arizona. TOGETHER WITH a 60 foot easement for ingress, egress and private and public utilities for the benefit of all owners of record in the Northeast Quarter of said Section 5,over the 30.00 feet West of and the 30.00 feet East of the common North South line of Lots 1 and 2 of said Section 5,as granted by Deed of Easement recorded April 02, 1979 in Docket 5996 Page 913.