HomeMy WebLinkAboutOrdinance 2007.009 Rezoning to create the Villages of Tortolita specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13067
REPORDED BY: C-V ov PI PAGE: 1240
DEPUTY RECORDER V NO. OF PAGES: 12
1016 PEI SEQUENCE: 20071060205
SMARA *,.o 06/01/2007
TOWN OF MARANA ORDIN 14:59
ATTN: TOWN CLERK
1Z
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 11.50
MARANA ORDINANCE NO. 2007.09
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO
CREATE THE VILLAGES OF TORTOLITA SPECIFIC PLAN.
WHEREAS, Coe & Van Loo Consultants represents the property owners of approximately
1,780 acres of land located on the east side of Interstate 10 (near the Marana Interchange), northwest
of the San Lucas Development and extending north into Pinal County approximately 2/3 of a mile
within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I I South, Range I I East and a
portion of Section 3 1, Township 10 South, Range 11 East, as depicted on Exhibit "A" and Exhibit
"B", attached hereto and incorporated herein by this reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on January 31, 2007,
and at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held April 3, 2007 and has determined
that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land
use designation from Industrial/General, Industrial/Campus, Medium Density Residential and
Corridor Commerce to Master Planning Area, and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 1,780-acres of land located
within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I I South, Range I I East and a
portion of Section 3 1, Township 10 South, Range I I East, located on the east side of Interstate 10
(near the Marana Interchange), northwest of the San Lucas Development and extending north into
Pinal County approximately 2/3 of a mile (the "Rezoning Area"), changing the General Plan
designation from Industrial/General, Industrial/Campus, Medium Density Residential and Corridor
Commerce to Master Planning Area.
Section 2. The zoning of approximately 1,780-acres of land located within portions of Sections 6, 7,
8, 16, 17, 21 and 22, Township I I South, Range I I East and a portion of Section 3 1, Township 10
South, Range I I East, located on the east side of Interstate 10 (near the Marana Interchange),
northwest of the San Lucas Development and extending north into Pinal County approximately 2/3
of a mile (the "Rezoning Area"), is hereby changed from "E" (Transportation Corridor), "AG"
(Agricultural) and "R-80" (Single Family Residential minimum lot size of 80,000 square feet) to "I"'
(Specific Plan) creating The Villages of Tortolita Specific Plan.
Marana Ordinance No. 2007.09
\-6?
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of
residential densities and housing types, commercial uses and recreation and open space, 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
ordinance):
I 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.
2. The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the first
preliminary plat or development plan.
3. The Development has voluntarily agreed to enter into a school contribution agreement
providing for a contribution per residential unit to mitigate the effects of the proposed
development on affected school districts.
4. The maximum allowable residential units for the project shall not exceed 6,500.
5. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
6. No approval, pen-nit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land 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. Appropriate experts should
be retained and appropriate federal and state agencies should be consulted to determine any
action necessary to assure compliance with applicable laws and regulations.
7. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for
Tortolita Boulevard and Tortolita Mountain Parkway as agreed upon in the Development
Agreement.
8. A water service agreement and a master water plan must be submitted by the Developer and
accepted by the Utilities Director prior to the approval of the final block plat by the Town
Council.
9. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final block plat by the Town Council.
10. Before a certificate of occupancy is issued for any dwelling unit on the Property, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that
Developer has made a diligent effort to complete the process of having the Property annexed
into a fire district or otherwise provide for fire protection service
11. Installation of a non-potable system shall be required to serve the common open space areas
and other landscaped amenities, as accepted by the Town of Marana.
12. The property owner shall transfer with the final plat, by the appropriate Arizona Department
of Water Resources form, those water rights being IGR, Type I or Type 11 to the Town of
Marana Ordinance No. 2007.09
Marana for the Town providing designation of assured water supply and water service to said
property. If Type I or Type 11 is needed on said property, the Town and developer/landowner
shall arrive at an agreeable solution to the use of those water rights appurtenant to said land.
13. All archaeological work specified in the treatment plan must be successfully carried out, and
the Town of Marana must approve a preliminary report on the successful implementation of
the plan before ground disturbance can occur.
14. The developer will be responsible for the design and construction of the Tortolita Traffic
Interchange prior to occupancy of any house or commercial building. Other roadway
improvements as required by the Development Agreement and based on the data and
findings of the accepted traffic impact analysis and other traffic studies that will be required
at the platting or development plan stages of this project.
15. Upon adoption of the ordinance by the Mayor and Council approving The Villages of
Tortolita Specific Plan, the applicant shall provide the planning department with the
following final edition of The Villages of Tortolita Specific Plan: one non-bound original;
forty bound copies; and, one digital copy in Microsoft Word or other acceptable format,
within sixty days of the adoption.
16. All private parks and trails within The Villages of Tortolita will be developed by the Master
Developer, subject to the approval of the Planning Director. Neighborhood parks must be
identified in subdivision plats and detailed design as part of the landscape plans for those
subdivisions. The regional park(s) shall be designed and constructed by the Master
Developer. Design and construction standards, type and number of amenities and phasing
shall be approved by the Park and Recreation Director and the Planning Director. The park
impact fee credits as well as the timing of the dedication of the regional park(s) to the Town
of Marana shall be discussed within the Development Agreement.
17. Minor grammatical and technical changes as required by the Town of Marana shall be made
to The Villages of Tortolita Specific Plan.
18. The Master Developer shall submit an annual report within 3 0 days of the anniversary of the
Town Council's approval of the Specific Plan, in addition to those requirements listed in the
Land Development Code.
19. The Master Drainage Report for the entire specific plan area shall be reviewed and accepted
by the Town of Marana prior to any preliminary plat or development plan approval by the
Town Council.
20. CMID will be provided a copy of the Master Drainage Report for their review and comment
during the Town's review period of the document.
21. Single family detached residential development on lots smaller than 3,500 square feet shall
require a conditional use permit (Land Development Code Section 10. 10).
22. Sexually oriented businesses of all kinds are prohibited within The Villages of Tortolita
Specific Plan.
Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period
established by Arizona Revised Statutes section ("A.R. S. §") 19-142(D) shall begin when the Town
files with the county recorder an instrument (in a forin acceptable to the Town Attorney), executed
Marana Ordinance No. 2007.09
by the Developer and any other party having any title interest in the Rezoning Area, that waives any
potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S.
§ 12-1131 et seq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that
apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver
instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this
Ordinance shall be void and of no force and effect.
Section 5. 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 Ordinance No. 2007.09.
Section 6. 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 hereof.
3'd day of April, 2007.
ATTEST:
1?11yn C. Vonson, Town Clerk
APPROVED AS TO FORM:
4- IL-
Town A
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
L
Mayor Ed Honea
oF- A4,
ATE ??,7
sLi AL
A
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Marana Ordinance No. 2007.09
EXHIBIT A
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S89'29'16"W 36 31
916.37' 538.27
N22'39'46"W 126.40'
133.93'
TWP. 10 S.
TWP.
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R=8,444.37'
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0
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LINE BEARING DISTANCE
Ll S,35*41',3,3"E 48.05'
L2 S35*44'25"E 48.57'
L3 S35*50'1 1 "E 48.71'
L4 S35'58'50"E 49.00'
L5 S36' 1 0'24"E 49.23'
L6 N 53- 4 2'5 6 rE1 71 17 9 7.7 4'
0
ICURVE I DELTA I R N TH N
I Cl 100-05'36" 11 1,797.74'1 19.22' 7
0
216.30'
IN SECTIONS 6 & 7, TWP. 11 S., RGE. 11 E., G. S.R.B. & M. , LSCA?LE-. 1" 600'
SHEET, OF.-
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ORRISON POJECT: 1358009 TOR TOL / TA ISL A NO
BOUNDARY
MAJERLE INC. WJ
an Aiixona Corpomt=
Tortolita Island Boundary:
Those portions of Section 6 and the North Half of Section 7, Township I I South, Range I I East
of the Gila and Salt River Base and Meridian, Pima County, Axizona, described as follows:
COMMENCING at the Section comer common to Section 3 1, Township 10 South, Range I I
East and Section 36, Township 10 South, Range 10 East of the Gila and Salt River Base and
Meridian; thence South 89*29'16" West, along the line common to said Sections 6 and 36, a
distance of 126.40 feet to a point on the Northerly right-of-way line of the Union Pacific
Railroad; thence continuing South 89'29'16" West, along said common line, 538.27 feet to a
point on the Southwesterly right-of-way line of Casa Grande (Picacho) Highway and the POINT
OF BEGINNING; thence South 35*41'04" East, along said Southwesterly right-of-way line,
5178.33 feet; thence along said Southwesterly right-of-way line through the following courses
and distances which approximate the 340-foot Southwesterly offset from the railroad centerline
spiral curve, based on the Southern. Pacific Company Right-of-Way Map and the current as-built
tracks:
South 35'41'33" East, 48.05 feet; thence South 35'44'25" East, 48.57 feet; thence South
35'50'11 " East, 48.71 feet; thence South 35'58'50" East, 49.00 feet; thence South 36'10'24"
East, 49.23 feet;
To the beginning of a circular curve concave to the Northeast, having a radius point which bears
North 53'42'56" East, 11,797.74 feet; thence Southeasterly, along said Southwesterly right-of-
way line and the arc of said curve, through a central angle of 00'05'36", an arc distance of 19.22
feet to a point on the East-West mid-section line of said Section 7; thence South 89'31'37"
West, along said mid-section line, 216.30 feet to the Northeasterly right-of-way line of Casa
Grande Tucson Highway (Interstate 10); thence North 50'29'20" West, along said Northeasterly
right-of-way line, 1736.55 feet to the beginning of a curve to the right having a radius of 8344.37
feet; thence Northwesterly, along said Northeasterly right-of-way line and the arc of said curve,
through a central angle of 14'18'35", an are distance of 2084.02 feet to a point on the line
corninon to said Sections 6 and 7; thence South 89'25'20" West, along said common line and
said Northeasterly right-of-way line, 122.62 feet to the beginning of a non-tangent curve concave
to the Northeast, having a radius point which bears North 54'18'18" East, 8444.37 feet; thence
Northwesterly, along said Northeasterly right-of-way line and the arc of said curve, through a
central angle of 13'01'56", an arc distance of 1920.72 feet; thence North 22'39'46" East, along
said Northeasterly right-of-way line, 133.93 feet to a point on said line common to Sections 6
and 36; thence North 89'29'16" East, along said common line, 916.37 feet to the POINT OF
BEGINNING.
kt-ontaining 9.3. 1 1 acres, more or less)
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LINE TABLE
LINE: BEARING DISTANCE
Ll N50* 10'41 V 47.96'
L2 N50-0749W 47.87' =4
Q N50*02'03"W 47.79'
L4 N49*53'25"W 47.71'
L5 N49*41'53"W 47.62 (A
L6 N36' 1 0'20."W 47.64'
L7 N35*58'50"W
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50
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47.79
119 N35'44P?26'"W 47.83'
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47.99" V)
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39783
MARK A.
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IN SECTIONS 6
7
8
16
17
21 & 22
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PAOR 3 of 6
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:N41*17'24"E
189.74'
;N44*1 3'00"W
221.47 $
N00035'01"W
97.80 N89*2459"E
70.80'
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N451 557"W
182.46'
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EXCEPTION
NE. CORNER
SECTION 16
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A'W'
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N48*09'01 "W
193.78'
N48*24'?9"W
.N48*26'41:"W 99.93
199.87' N48*44'27"w
N52'02'22"W 132.43 N62-37'17-W !clj
99.93' 71.81
N58*52'53"W
N5915'2?"W C)
. 0
121.26' 102.76 V)
N59*46'23"W
151-61' N54 395.10'
-44.07"W
54.36'
S89#23'08"W;
N55'51'00"W E.1/4 CORNER
33,67" N47*21.*31"W SECT10N 16
42.83'
IN SECTIONS .6
7
8
1-6
17
21 & 22
TWP
11 S
RGE
11 E
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PAM 4 of 6
Tortolita Boundary Except Donation Land:
Those portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I I South, Range I I East of the
Gila and Salt River Base and Meridian, Pima County, Arizona and those portions of the South
Half of Section 3 1, Township 10 South, Range I I East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona, described as follows:
BEGINNING at the Section comer common to said Section 31 and Section 36, Township 10
South, Range 10 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona;
thence North 00009'17" West, along the line common to said Sections 31 and 36, a distance of
2637.73 feet to the East Quarter corner of said Section 36; thence North 00'09'28" West, along
said common line, 908.93 feet to the Northwest comer of Government Lot 14 of said Section
3 1; thence North 89'38'59" East, along the North lines of said Government Lot 14 and
Government Lots 13, 12 and 11, a distance of 5413.55 feet to the Northeast comer of said
Government Lot 11; thence South 00'26'42" East, along the East line of said Section 3 1, a
distance of 3520.07 feet to the Southeast comer of said Section 31; thence South 99'22'45"
West,, along the South line to said Section 3 1, a distance of 126.71 feet to an angle point in said
South line', thence South 89'29'41" West, along said South line, 2373.24 feet to the Northeast
comer of said Section 6; thence South 00024'55" East, along the East line of said Section 6, a
distance of 1820.37 feet to the Section comer common to said Sections 6, 7, 8 and Section 5;
thence North 89'21'32" East, along the North line of said Section 8, a distance of 2644.85 feet
to the North Quarter comer of said Section 8; thence North 89'28'44" East, along said North
line, 2639.34 feet to the Northeast comer of said Section 8; thence South 00'40'53" East, along
the East line of said Section 8, a distance of 2639.22 feet to the East Quarter comer of said
Section 8; thence South 00034'50" East, along said East line, 2639.54 feet to the Section comer
common to said Sections 8, 16, 17 and Section 9; thence North 89'27'49" East, along the North
line of said Section 16, a distance of 2646.43 feet to the North Quarter comer of said Section 16;
thence North 89'24'59" East, along said North line, 2639.91 feet to the Northeast comer of said
Section 16; thence South 00'36'52" East, along the East line of said Section 16, a distance of
2632.76 feet to the East Quarter comer of said Section 16; thence South 00'36'59" East, along
said East line, 2633.52 feet to the Section comer common to said Sections 16, 21, 22 and Section
15; thence North 89023'l 6" East, along the North line of said Section 22, a distance of 370.00
feet; thence South 00'25'40" East, parallel with and 370.00 feet East of the line common to said
Sections 21 and 22, a distance of 660.00 feet; thence South 89'23'16" West, parallel with and
660.00 feet South of said North line of Section 22, a distance of 370.00 feet to a point on said
line common to Sections 21 and 22; thence South 00'25'40" East, along said conunon line,
691-21 feet to a point on the Northerly right-of-way line of the Union Pacific Railroad; thence
El
North 50'l I'l 0" West, along said Northerly right-of-way line, 11,470.47 feet; thence along said
Northerly right-of-way through the following courses and distances which approximate the 100-
foot offset from the railroad centerline spiral curve, based on the Southern Pacific Company
Right-of-Way and Track Map and the current as-built tracks:
PAGE 5 of 6
North 50'10'4 1 " West, 47.96 feet; thence North 5 0'07'49" West, 47.87 feet; thence North
50'02'03" West, 47.79 feet; thence North 49'53'25" West, 47-71 feet; thence North 49041'53"
West, 47.62 feet
to the beginning of a circular curve concave to the Northeast, having a radius point which bears
North 40024'50" East, 11,357.74 feet; thence Northwesterly, along said Northerly right-of-way
line and the arc of said curve, through a central angle of 13018'06", an arc distance of 2636.79
feet; thence along said Northerly right-of-way through the following courses and distances
which approximate the I 00-foot offset from the railroad centerline spiral curve, based on the
Southern Pacific Company Right-of-Way Map and the current as-built tracks:
North 36'10'20" West, 47.64 feet; thence North 35058'50" West, 47.71 feet; thence North
35'50'11" West, 47.79 feet; thence North 35'44'26" West, 47.83 feet; thence North 35041'33"
West, 47.99 feet;
thence North 35'41'04" West, along said Northerly right-of-way line, 4868.26 feet to a point on
the North line of said Section 6; thence.North 89'29'16" East, along said North line, 126.40 feet
to the Point of Beginning.
EXCEPT that portion of the Northeast Quarter of Section 16, Township 11 South, Range I I
East of the Gila and Salt River Base and Meridian described as follows:
Beginning at the Northeast -corner of said Section 16; thence South--00'36-52' Fast ' along the
East line of said Section 16, a distance of 2236.55 feet; thence South 89023'08" West, 395. 10
feet; thence North 472 V3 1 " West, 42.83 feet; thence North 55'5 1'00" West, 33.67 feet;
thence North 59'15'22" West, 102.76 feet; thence North 54044'07" West, 54.36 feet; thence
North 59046'23" West, 151.61 feet; thence North 62037'47" West, 71.81 feet; thence North
58'52'53" West, 121.26 feet; thence North 48'44'27" West, 132.43 feet; thence North
52'02'22" West, 99.93 feet; thence North 48'24'39" West, 99.93 feet; thence North 48026'41
West, 199.87 foet; thence North 48'09'01" West, 193.78 feet; thence North 46032'28" West,
347.38 feet; thence North 45'15'57" West, 182.46 feet; thence North 44013'00" West, 221.47
feet; thence North 41'17'24" East, 189.74 feet; thence North 86010'55" East, 381.50 feet;
thence North 47005'13" East, 523.16 feet; thence North 59005'24" East, 298.36 feet; thence
North 66016'3 7" East, 3 82.50 feet; thence North 009 5'0 1 " West, 97.80 feet to a point on the
North line of said Section 16; thence North 89024'59" East, along said North line, 450.80 feet to
the Point of Beginning.
(Containing 1,687.27 acres, more or less)
PAGE 6 of 6
AL OFFICIAL RECORDS OF
PINAL COUNTY RECORDER
LAURA DEAN-LYTLE
i (.o5-t? w V- (C. (S!!-A+,er
Mm-a?ioj AZ
DATE/TINE: 05/31/07 1423
FEE: $15.50
PAGES: 12
FEE NMMER: 2007-064327
MARANA ORDINANCE NO. 2007.09
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO
CREATE THE VILLAGES OF TORTOLITA SPECIFIC PLAN.
WHEREAS, Coe & Van Loo Consultants represents the property owners of approximately
1,780 acres of land located on the east side of Interstate 10 (near the Marana Interchange),
northwest of the San Lucas Development and extending north into Pinal County approximately 2/3
of a mile within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I I South, Range I I East
and a portion of Section 3 1, Township 10 South, Range I I East, as depicted on Exhibit "A" and
Exhibit "B", attached hereto and incorporated herein by this reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on January 31, 2007,
and at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held April 3, 2007 and has determined
that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land
use designation from Industrial/General, Industrial/Campus, Medium Density Residential and
Corridor Commerce to Master Planning Area, and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 1,780-acres of land located
within portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township I I South, Range I I East and a
portion of Section 3 1, Township 10 South, Range I I East, located on the east side of Interstate 10
(near the Marana Interchange), northwest of the San Lucas Development and extending north into
Pinal County approximately 2/3 of a mile (the "Rezoning Area"), changing the General Plan
designation from Industrial/General, Industrial/Campus, Medium Density Residential and
Corridor Commerce to Master Planning Area.
Section2. The zoning of approximately 1,780-acres of land located within portions of Sections 6, 7,
8, 16, 17, 21 and 22, Township I I South, Range I I East and a portion of Section 3 1, Township 10
South, Range I I East, located on the east side of Interstate 10 (near the Marana Interchange),
northwest of the San Lucas Development and extending north into Pinal County approximately 2/3
of a mile (the "Rezoning Area"), is hereby changed from "E" (Transportation Corridor), "AG"
(Agricultural) and "R-80" (Single Family Residential minimum lot size of 80,000 square feet) to
"F" (Specific Plan) creating The Villages of Tortolita Specific Plan.
Marana Ordinance No. 2007.09
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of
residential densities and housing types, commercial uses and recreation and open space, 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
ordinance) :
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.
2. The ultimate development proposed by this rezoning shall be consistent with the adopted
Development Agreement which shall be adopted prior to Town Council approval of the first
preliminary plat or development plan.
3. The Development has voluntarily agreed to enter into a school contribution agreement
providing for a contribution per residential unit to mitigate the effects of the proposed
development on affected school districts.
4. The maximum allowable residential units for the project shall not exceed 6,500.
5. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
6. No approval, permit or authorization by the Town of Marana authorizes violation of any
federal or state law or regulation or relieves the applicant or the land 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. Appropriate experts should
be retained and appropriate federal and state agencies should be consulted to determine any
action necessary to assure compliance with applicable laws and regulations.
7. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for
Tortolita Boulevard and Tortolita Mountain Parkway as agreed upon in the Development
Agreement.
8. A water service agreement and a master water plan must be submitted by the Developer and
accepted by the Utilities Director prior to the approval ofthe final block plat by the Town
Council.
9. A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the final block plat by the Town Council.
10. Before a certificate of occupancy is issued for any dwelling unit on the Property, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that
Developer has made a diligent effort to complete the process of having the Property annexed
into a fire district or otherwise provide for fire protection service
11. Installation of a non-potable system shall be required to serve the common open space areas
and other landscaped amenities, as accepted by the Town of Marana.
12. The property owner shall transfer with the final plat, by the appropriate Arizona Department
of Water Resources form, those water rights being IGR, Type I or Type II to the Town of
Marana Ordinance No. 2007.09
Marana for the Town providing designation of assured water supply and water service to said
property. If Type I or Type II is needed on said property, the Town and developer/landowner
shall arrive at an agreeable solution to the use of those water rights appurtenant to said land.
13. All archaeological work specified in the treatment plan must be successfully carried out, and
the Town of Marana must approve a preliminary report on the successful implementation of
the plan before ground disturbance can occur.
14. The developer will be responsible for the design and construction of the Tortolita Traffic
Interchange prior to occupancy of any house or commercial building. Other roadway
improvements as required by the Development Agreement and based on the data and
findings of the accepted traffic impact analysis and other traffic studies that will be required
at the platting or development plan stages of this project.
15. Upon adoption of the ordinance by the Mayor and Council approving The Villages of
Tortolita Specific Plan, the applicant shall provide the planning department with the
following final edition of The Villages of Tortolita Specific Plan: one non-bound original;
forty bound copies; and, one digital copy in Microsoft Word or other acceptable format,
within sixty days of the adoption.
16. All private parks and trails within The Villages of Tortolita will be developed by the Master
Developer, subject to the approval of the Planning Director. Neighborhood parks must be
identified in subdivision plats and detailed design as part of the landscape plans for those
subdivisions. The regional parkes) shall be designed and constructed by the Master
Developer. Design and construction standards, type and number of amenities and phasing
shall be approved by the Park and Recreation Director and the Planning Director. The park
impact fee credits as well as the timing of the dedication ofthe regional parkes) to the Town
of Marana shall be discussed within the Development Agreement.
17. Minor grammatical and technical changes as required by the Town of Maran a shall be made
to The Villages of Tortolita Specific Plan.
18. The Master Developer shall submit an annual report within 30 days of the anniversary of the
Town Council's approval of the Specific Plan, in addition to those requirements listed in the
Land Development Code.
19. The Master Drainage Report for the entire specific plan area shall be reviewed and accepted
by the Town of Marana prior to any preliminary plat or development plan approval by the
Town Council.
20. CMID will be provided a copy of the Master Drainage Report for their review and comment
during the Town's review period of the document.
21. Single family detached residential development on lots smaller than 3,500 square feet shall
require a conditional use permit (Land Development Code Section 10.10).
22. Sexually oriented businesses of all kinds are prohibited within The Villages of Tortolita
Specific Plan.
Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period
established by Arizona Revised Statutes section ("A.R.S. f') 19-142(D) shall begin when the Town
files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed
Marana Ordinance No. 2007.09
by the Developer and any other party having any title interest in the Rezoning Area, that waives any
potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S.
S 12-1131 et seq., and specifically A.R.S. S 12-1134) resulting from changes in the land use laws that
apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver
instrument is not recorded within 15 calendar days after the motion approving this Ordinance, this
Ordinance shall be void and of no force and effect.
Section 5. 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 Ordinance No. 2007.09.
Section 6. 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 hereof.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this
3 rd day of April, 2007.
~. ~{f/-L<~-<--
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Marana Ordinance No. 2007.09
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DISTANCE
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IN SECTIONS 6 & 7, TWP. 11 S., RGE. 11 E., G. & SRB. & M.
SCAlE: 1" = 600'
SHEET: 1 OF: 1
DRA'NING: Island.dw
PROJECT: 8358009
TORTOLlTA ISLAND
BOUNDARY
PAGE 1 of 2
Tortolita Island Boundary:
Those portions of Section 6 and the North Half of Section 7, Township 11 South, Range 11 East
of the Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Section corner common to Section 31, Township 10 Sout~, Range 11
East and Section 36, Township 10 South, Range 10 East of the Gila and Salt River Base and
Meridian; thence South 89029'16" West, along the line common to said Sections 6 and 36, a
distance of 126.40 feet to a point on the Northerly right-of-way line of the Union Pacific
Railroad; thence continuing South 89029'16" West, along said common line, 538.27 feet to a
point on the Southwesterly right-of-way line of Cas a Grande (Picacho) Highway and the POINT
OF BEGINNING; thence South 35041 '04" East, along said Southwesterly right-of-way line,
5178.33 feet; thence along said Southwesterly right-of-way line through the following courses
and distances which approximate the 340-foot Southwesterly offset from the railroad centerline
spiral curve, based on the Southern Pacific Company Right-of-Way Map and the current as-built
tracks:
South 35041 '33" East, 48.05 feet; thence South 35044'25" East, 48.57 feet; thence South
35050'11" East, 48.71 feet; thence South 35058'50" East, 49.00 feet; thence South 36010'24"
East, 49.23 feet;
To the beginning of a circular curve concave to the Northeast, having a radius point which bears
North 53042'56" East, 11,797.74 feet; thence Southeasterly, along said Southwesterly right-of-
way line and the arc of said curve, through a central angle of 00005'36", an arc distance of 19.22
feetto a point on the East-West mid-section line of said Section 7; thence South 89031 '37"
West, along said mid-section line, 216.30 feet to the Northeasterly right-of-way line of Cas a
Grande Tucson Highway (Interstate 10); thence North 50029'20" West, along said Northeasterly
right-of-way line, 1736.55 feet to the beginning of a curve to the right having a radius of 8344.37
feet; thence Northwesterly, along said Northeasterly right-of-way line and the arc of said curve,
through a central angle of 14018'35", an arc distance of 2084.02 feet to a point on the line
common to said Sections 6 and 7; thence South 89025'20" West, along said COmmon line and
said Northeasterly right-of-way line, 122.62 feet to the beginning of a non-tangent curve concave
to the Northeast, having a radius point which bears North 54018'18" East, 8444.37 feet; thence
Northwesterly, along said Northeasterly right-of-way line and the arc of said curve, through a
central angle of 13001 '56", an arc distance of 1920.72 feet; thence North 22039'46" East, along
said Northeasterly right-of-way line, 133.93 feet to a point on said line common to Sections 6
and 36; thence North 89029'16" East, along said common line, 916.37 feet to the POINT OF
BEGINNING.
(Containing 93.17 acres, more or less)
PAGE 2 of 2
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PAGE 1 of 6
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BOUNDARY
PAGE 2 of 6
LINE TABLE
LINE BEARING DISTANCE
L1 N50.1041"W 47.96'-~
L2 N50.07' 49'W 47.87' ::d
L3 N50.02'03"W 47.79' ~ 8.
L4 N49.53'25'W 47.71' a ~
L5 N49.41 '53"W 47.62'
L6 N36.10 20"W 4 7.64' ..-
L7 N35.58'50"W 47.71' ~ I-
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L9 N35'44'26"W 47.83' 0 ~
L10 535'41 '33"W47.99' _
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. . ; '. .... PROJECT: 8358009
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BOUNDARY
PAGE 3 of 6
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IN SECTIONS 6, 7, SCAlE: 1" = 400'
8, 16, 17, 21 & 22, TWP. 11 S., RGE. 11 E., G. & S.R.B. & M., 4 OF: 4
SHEET:
~MORR[SON " DRAWING: Tortollta"':less
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PROJECT: 8358009 , TOR TOLITA
DRAWN: WJ BOUNDARY
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PAGE 4 of 6
Tortolita Boundary Except Donation Land:
Those portions of Sections 6, 7, 8, 16, 17, 21 and 22, Township 11 South, Range 11 East of the
Gila and Salt River Base and Meridian, Pima County, Arizona and those portions of the South
Half of Section 31, Township 10 South, Range 11 East of the Gila and Salt River Base and
Meridian, Pinal County, Arizona, described as follows:
BEGINNING at the Section corner common to said Section 31 and Section 36, Township 10
South, Range 10 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona;
thence North 00009'17" West, along the line common to said Sections 31 and 36, a distance of
2637.73 feet to the East Quarter corner of said Section 36; thence North 00009'28" West, along
said common line, 908.93 feet to the Northwest corner of Government Lot 14 of said Section
31; thence North 89038' 59" East, along the North lines of said Government Lot 14 and
Government Lots 13, 12 and 11, a distance of 5413.55 feet to the Northeast corner of said
Government Lot 11; thence South 00026'42" East, along the East line of said Section 31, a
distance of 3520.07 feet to the Southeast corner of said Section 31; thence South 89022'45"
West~alongthe South line to said Section 31, a distance of 126.71 feet to an angle point in said
South line; thence South 89029'41" West, along said South line, 2373.24 feet to the Northeast
comer of said Section 6; thence South 00024'55" East, along the East line of said Section 6, a
distance of1820.37 feet to the Section corner common to said Sections 6, 7, 8 and Section 5;
thence North 89021 '32" East, along the North line of said Section 8, a distance of 2644.85 feet
to the North Quarter corner of said Section 8; thence North 89028'44" East, along said North
line, 2639.34 feet to the Northeast corner of said Section 8; thence South 00040'53" East, along
the East line of said Section 8, a distance of2639.22 feet to the East Quarter corner of said
Section 8; thence South 00034'50" East, along said East line, 2639.54 feet to the Section corner
common to said.Sections 8, 16, 17 and Section 9; thence North 89027'49" East, along the North
line of said Section 16, a distance of 2646.43 feet to the North Quarter corner of said Section 16;
thence North 89024'59" East, along said North line, 2639.91 feet to the Northeast corner of said
Section 16; theBee South 00036' 52" East, along the East line of said Section 16, a distance of
2632.76 feeHo the East Quarter corner of said Section 16; thence South 00036'59" East, along
said East line, 263352 feet to the Section corner common to said Sections 16, 21, 22 and Section
15; tlteuee North 89023' 16" East, along the North line of said Section 22, a distance of 370.00
feet; tbence South 00025'40" East, parallel with and 370.00 feet East ofthe line common to said
Sections 2) and 22, a distance of 660.00 feet; thence South 89023' 16" West, parallel with and
660.00 feet South of said North line of Section 22, a distance of 370.00 feet to a point on said
line common to Sections 21. and 22; tlteneeSouth 00025'40" East, along said common line,
691.21 feet to a point on the Northerly right-of-way line ofthe Union Pacific Railroad; thence
North 50011 '1(}" West, along said NorUlerly right-of-way line, 11,470.47 feet; thence along said
Northerly right-of-way through the following courses and distances which approximate the 100-
foot offset from the railroad centerline spiral. curve, based on the Southern Pacific Company
Right-of-Way and Track Map and the current as-built tracks:
PAGE 5 of 6
North 50010'41" West, 47.96 feet; thence North 50007'49" West, 47.87 feet; thence North
50002'03" West, 47.79 feet; thence North 49053'25" West, 47.71 feet; thence North 49041 '53"
West, 47.62 feet
to the beginning of a circular curve concave to the Northeast, having a radius point which bears
North 40024'50" East, 11,357.74 feet; thence Northwesterly, along said Northerly right-of-way
line and the arc of said curve, through a central angle of 13018'06", an arc distance of2636.79
feet; thence along said Northerly right-of-way through the following courses and distances
which approximate the 100-foot offset from the railroad centerline spiral curve, based on the
Southern Pacific Company Right-of-Way Map and the current as-built tracks:
North 36010'20" West, 47.64 feet; thence North 35058'50" West, 47.71 feet; thence North
35050' 11" West, 47.79 feet; thence North 35044'26" West, 47.83 feet; thence North 35041 '33"
West, 47.99 feet;
thence North 35041 '04" West, along said Northerly right-of-way line, 4868.26 feet to a point on
the North line of said Section 6; thence North 89029'16" East, along said North line, 126.40 feet
to the Point of Beginning.
EXCEPT that portion of the Northeast Quarter of Section 16, Township 11 South, Range 11
East of the Gila and Salt River Base and Meridian described as follows:
Beginning at the Northeast corner of said Section 16; thence South 00036'52" East, along the
East line of said Section 16, a distance of2236.55 feet; thence South 89023'08" West, 395.10
feet; thence North 47021 '31" West, 42.83 feet; thence North 55051 '00" West, 33.67 feet;
thence North 59015'22" West, 102.76 feet; thence North 54044'07" West, 54.36 feet; thence
North 59046'23" West, 151.61 feet; thence North 62037'47" West, 71.81 feet; thence North
58052'53" West, 121.26 feet; thence North 48044'27" West, 132.43 feet; thence North
52002'22" West, 99.93 feet; thence North 48024'39" West, 99.93 feet; thence North 48026'41"
West, 199.87 feet; thence North 48009'01" West, 193.78 feet; thence North 46032'28" West,
347..38 feet; thence North 45015'57" West, 182.46 feet; thence North 44013'00" West, 221.47
feet; thence North 41017'24" East, 189.74 feet; thence North 86010'55" East, 381.50 feet;
thence North 47005'13" East, 523.16 feet; thence North 59005'24" East, 298.36 feet; thence
North 66016'37" East, 382.50 feet; thence North 00035'01" West, 97.80 feet to a point on the
North line .ofsaid Section 16; thence North 89024'59" East, along said North line, 450.80 feet to
the Point of Beginning.
(Containing 1,687.27 acres, more or less)
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PAGE 6 of 6