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HomeMy WebLinkAboutOrdinance 2021.002 Approving a Rezoning of Approximately 1.84 Acres located 4535 W. Ina Rd GABRIELLA CAZARES-KELLY, RECORDS of PIil110101011111111110101111111111111111111111111010111111011111 Recorded By: EYC DEPUTY RECORDER i7IiiriltfSEQUENCE: 20210500124 5013 SMARA � NO. PAGES: 4 02/19/2021 TOWN OF MARANA 41IZO4/ PICKUP 9:50:53 MARANA ORDINANCE NO. 2021.002 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 1.84 ACRES OF LAND LOCATED AT 4535 W. INA ROAD,SOUTH OF INA ROAD AND APPROXIMATELY 0.10 MILES EAST OF INTERSTATE 10, FROM R-36 (SINGLE- FAMILY RESIDENTIAL) TO VILLAGE COMMERCIAL (VC) WHEREAS Henry T. Toole III and Phillip M. Toole (collectively the "Property Owners") own 1.84 acres of land located at 4535 W. Ina Road, south of Ina Road and approximately 0.10 miles east of Interstate 10 within Section 3 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 Owners have submitted an application to rezone the Rezoning Area from R-36 (Single-Family Residential) to Village Commercial (VC) ("this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on January 27, 2021, and voted 4 to 0 with two Commissioners 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 February 16, 2021, and determined 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-36 (Single- Family Residential) to Village Commercial (VC). 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.2021-002 - 1 - q 2. 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. 3. 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. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by Tucson Water (the "water provider") prior to approval of a preliminaryplat for anyportion of the RezoningArea. The WIP shall identifyall 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 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. 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 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. 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.2021-002 - 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 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. The Property Owners shall not cause any lot split of any kind without the written consent of 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of February, 2021. Mayor Ed Honea ATTIO APPROVED AS TO FORM: / / Cherry L.wson, Town Clerk Jan, airall, Town Attorney SZINIMIimarsigaggimIlIM MARANA AZ ESTABLISHED 1977 Ordinance No.2021-002 - 3 - Exhibit "A" LEGAL DESCRIPTON Parcel No. 1: The South 300.00 feet of the North 330.00 feet of the East 120.00 feet of the West 271.92 feet of Lot 4, Section 6,Township 13 South, Range 13 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona,which lies Northerly of the following described right-of-way line, and as described in Final Order of Condemnation recorded in Recording No. 20190770096, described as follows: Commencing at a 3 inch brass cap marking the Northwest corner of said Section 6, being North 02°01'27" West, 2615.93 feet from a 3 inch brass cap on 1 inch pipe marking the West quarter corner of said Section 6; Thence along the West line of said Section 6, South 02°01'27" East, a distance of 100.05 feet to the POINT OF BEGINNING; Thence North 89°48'46" East, a distance of 272.06 feet; Thence North 02°01'27"West, a distance of 25.01 feet to the POINT OF ENDING on the existing South right-of way line of Ina Road;and EXCEPT that portion conveyed in Deed recorded in Docket 5782, Page 1062, described as follows: The South 45.00 feet of the North 75.00 feet of said East 120.00 feet of the West 271.92 feet of Lot 4, Section 6. Parcel No. 2: That portion of Lot 4,Section 6,Township 13 South, Range 13 East, of the Gila and Salt River Base and Meridian, Pima County,Arizona, described as follows: Commencing at the Northwest corner of said Section 6; Thence Southerly along the West line of said Section 6, a distance of 30.00 feet; Thence Easterly and parallel with the North line of said Section 6,a distance of 151.92 feet; Thence Southerly and parallel with the West line of said Section 6,a distance of 300.00 feet to the TRUE POINT OF BEGINNING; Thence continuing Southerly and parallel with the West line of said Section 6, a distance of 401.85 feet to a point on the Northeasterly right-of-way line of the Southern Pacific Railroad; Thence in a Southeasterly direction along the Northeasterly right-of-way line of the Southern Pacific Railroad,to a point of intersection with a line parallel with and 271.92 feet Easterly from the West line of said Section 6; Thence Northerly and parallel with the West line of said Section 6,to a point 330.00 feet Southerly from the North line of said Section 6; Thence Westerly and parallel with the North line of said Section 6, a distance of 120.00 feet to the TRUE POINT OF BEGINNING.