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HomeMy WebLinkAbout02/06/2007 Blue Sheet 6055 N. Silverbell Road Rezoning TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 6, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Interim Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2007.01: Relating to Development; approving and authorizing a minor general plan amendment and rezoning for 6055 N. Silverbell Road. DISCUSSION The proposed rezoning for 6055 N. Silverbell Road was noticed as a public hearing before the Marana Town Council for December 19, 2006. Due to ongoing discussions between the developer and Town staff regarding the number of buildable lots and the impact of Proposition 207, the Arizona Property Rights Protection Act (A.R.S. S 12-1131 et seq., and specifically A.R.S. S 12-1134), to the Town resulting from the adoption of this ordinance, this project has been continued to the February 6,2007 meeting. Historv The subject property was annexed into the Town of Marana by Marana Ordinance 96.38, also known as the Sunset II annexation, translating the Pima County zoning for this property from Pima County Zone SR (suburban ranch 144,000 square foot minimum lot area) to Marana Zone R-144 (single family residential144,000 square foot minimum lot area). Site Information The 11.9 acre site is comprised of two adjacent parcels that form the shape of a triangle. The south central portion of the property has been graded. flat to accommodate two manufactured structures which currently serve as a church and accessory building. The church parking area is dirt with some gravel. A dirt access road leads from this area to the north and winds down to a low point at the north property comer where it terminates at Si1verbell Road. The northwest portion of the property has mild sloping terrain and contains a wash which runs in a northeast direction. Summary of Application Silverbell Road L.L.C. requests approval for a change in zoning on approximately 11.9 acres from "R-144" to "R-36" (Single Family Residential 36,000 square feet minimum) to ultimately develop a detached single-family home neighborhood. The proposed rezoning will provide the owner with greater flexibility in developing the site. The present zoning of "R-144" limits the number of potential homes on this site to three lot splits. A rezoning to "R-36" will enable the owner to develop up to nine lots as proposed ranging in size from a minimum of .95 acres (41,250 square feet) to over 1.65 acres (71,874 square feet) with PCZ-06033 6055 N Silverbell TC 02 06 07.doc approval of a final plat. The actual number of lots will be determined by topology and site disturbance limitations. This site is generally located approximately 12 mile north of Sunset Road on the west side of Silverbell Road and is bounded by "R-36" to the south by the Silverbell Hills Estates (1-73) subdivision, to the northwest by a mix of single family homes and vacant land zoned "SR", and to the north east across Silverbell Road vacant land zoned "R-36". The applicant is also requesting a minor amendment to the General Plan, which is also being heard at this meeting. Plannin2: Commission Hearin2: The Planning Commission heard this public hearing item during the November 15, 2006 meeting. No one from the public came forward, nor did staff receive written comments. The Planning Commission voted 6-0 (Commissioner Wostenberg excused) recommending approval to the Town Council. Marana General Plan The subject property is designated as Industrial/General (IG) in the Marana General Plan; however, development patterns in this area suggest that residential is a more appropriate use. The General Plan identifies the majority of land in this area at the Marana/Tucson border, west of Silverbell Road, as low density residential (0.6-3.0 DU/AC), and the area to the east across Silverbell Road as Industrial/General. The proposed "R-36" zoning for the property would be consistent with the residential component found on the west side of Silverbell Road in the General Plan and with existing development. Because the property is far smaller than the 80- acre threshold that triggers a major amendment, a minor plan amendment is required to approve this rezoning. Ri2:ht-of- W av/ Access Access to the proposed subdivided lots will be achieved through the construction of a new street directly off Silverbell Road. The proposed road will be a residential street per Town of Marana standards terminating in a cul-de-sac, providing access to all lots. The developer plans to take advantage of the existing grading on the property used to access the church. The applicant is proposing a gated, privately owned subdivision street that will be maintained by the homeowner's association. The Town's Major Routes Rights-of-Way Plan designates Silverbell Road as requiring a total right-of-way of 150 feet, with a half-way width of75 feet. Existing Rights-of-Way on Silverbell Road is 60 feet, with a half-width of 30. To accommodate this, the Town is requiring an additional 45 feet of Silverbell Road to be dedicated as the developer's half-width share as a condition to this rezoning. Open Space/Environment To protect and preserve the wash on the property and minimize overall land disturbance, Staff requires that disturbance be limited to 18,000 square foot per lot plus the necessary proposed road, right-of-way and utilities for a total disturbance of approximately 188,100 square feet ( 4.318 acres) or 36%. This site has previous disturbance of about 17%. PCZ-06033 6055 N Silverbell TC_02_06_07.doc Infrastructure There is no public sewer service within reasonable distance from the site; therefore, each lot will require a private septic system subject to the approval of ADEQ. Tucson Water and Southwest Gas will serve the property. Tucson Electric Power Company serves the property. The existing above ground electric facilities and any new facilities; will be under-grounded as part of this project. Public Notification The public hearing for this case was properly advertised and the required surrounding property owners were notified. No comments have been received as of the date of this report. Waiver of potential Arizona Property Rh!:hts Protection Act compensation claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2007.01. Ordinance No. 2007.01 is not operative unless and until the applicant waives any potential compensation claims. If the applicant doesn't forward the waiver in time to record it within 15 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS Application, rezoning impact statement, project location map, General Plan location map, tentative development plan site map, site analysis, and Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2007.01. RECOMMENDATION Staff recommends conditional approval of the 6055 N. Silverbell Road rezoning. The proposed change in zoning and general plan amendment are consistent with the purpose and intent of the Marana General Plan and the Marana Land Development Code. This rezoning is in conformance with all required development regulations. RECOMMENDED CONDITIONS OF APPROVAL 1. The total disturbed area, including all existing disturbance, shall not exceed 36% of the balance of the Rezoning Area after dedication of the Silverbell Road right-of-way (see paragraph 11 below). The method for accounting for this total disturbance shall be determined and established through the subdivision platting process. PCZ-06033 6055 N Silverbell TC_02_06_07.doc 2. The final design and arrangement of subdivision lots for the Rezoning Area shall be subject to approval by the Town Engineer and the Planning Director in accordance with this Ordinance and all applicable regulations. 3. The Developer shall as part of the subdivision platting process provide the necessary documentation to substantiate the engineering feasibility of placing buildings on and access drives to serve the lots of the proposed subdivision of the Rezoning Area. 4. No homes on the proposal site shall exceed 25 feet in height. Houses located adjacent to Silverbell Road shall be limited to a maximum 18 feet in height and single story to reduce the visual impact of development along Silverbell Road. 5. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Planning Director. 6. No area of cut or fill on the Rezoning Area shall exceed a vertical distance of 15 feet, and any area of cut or fill with a vertical distance greater than ten feet shall include planting areas and terraced plant benches as follows: a. a minimum six foot wide planting area at the toe of the exposed slope; and b. a minimum six foot wide terraced plant bench at the ten foot height of the exposed slope; and c. planting areas and plant benches shall extend the length of the exposed slope; and d. the planting areas and plant benches shall be vegetated with plants in conformance with the revegetation standards in Section l8.61.055D.5 of the Pima County Code, which is incorporated here by this reference. 7. All slope and drainage treatments shall be designed and engineered to incorporate natural features. The developer and custom lot builder shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, on site desert environment to minimize the negative interface between the built environment and the natural environment. 8. A Native Plant Permit (waiver not acceptable) shall be required for the project infrastructure and for each lot. 9. The property owner shall not cause any lot split of any kind within the Rezoning Area without an approved subdivision plat. 10. The Developer shall complete the subdivision plat process for the Rezoning Area, providing for the development of not more than nine lots served by a road system with a single point of access to Silverbell Road. 11. The Developer shall dedicate, or cause to have dedicated, an additional 45 feet of land to meet the future ISO-foot right-of-way for Silverbell Road. The dedication shall take place 60 days following the effective date of this rezoning. 12. The Developer shall dedicate to the Town by subdivision plat a one-foot no access easement along the entire Silverbell frontage of the Rezoning Area as it exists after the Silverbell dedication, prohibiting access to Silverbell Road from the Rezoning Area except at the single roadway access referenced in paragraph 10 above. PCZ-06033 6055 N Silverbell TC 02 06 07.doc 13. All required parking will be off-street, on site. Each lot shall have provision for two spaces per garage and a minimum of two spaces in the driveway. 14. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2006.12, as it may be amended. 15. All required fees of the Marana Park Benefit Area shall be paid by the developer in accordance with Ordinance No. 2006.12, as it may be amended. 16. Upon completion of the development the developer shall record covenants enforceable by and in a form acceptable to the Town and that run with the land to permanently preserve areas that remain undisturbed. 17. The existing structures shall be removed from the Rezoning Area prior to final plat approval. 18. All existing above-ground electric facilities carrying less than 46kV within and adjacent to the Rezoning Area and any new facilities shall be under-grounded as part of this project. 19. Development of the Rezoning Area shall comply with all provisions of the Town's Codes, Ordinances, and policies of the General Plan, current at the time of any subsequent development, including, but not limited to any requirements for public improvements. 20. 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. SUGGESTED MOTION I move to adopt Ordinance No. 2007.01 with the recommended conditions. PCZ-06033 6055 N Silverbell TC 02 06 07.doc MARANA ORDINANCE NO. 2007.01 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MINOR GENERAL PLAN AMENDMENT AND REZONING FOR 6055 N. SILVERBELL ROAD. WHEREAS SILVERBELL ROAD L.L.C. (the "Developer") owns approximately 11.9 acres located one-half mile north of Sunset Road on the west side of Silverbell Road within a portion of Section 7, Township 13 South, Range 13 East, and Section 12, Township 13 South, Range 12 East, as described on Exhibit "A", attached hereto (the "Rezoning Area"); and WHEREAS, at a November 15, 2006 public hearing, the Marana Planning Commission voted unanimously to recommend approval of a minor General Plan amendment and rezoning of the Rezoning Area, subject to certain recommended conditions; and WHEREAS, at a February 6,2007 public hearing, the Marana Town Council determined that the proposed rezoning of the Rezoning Area from "R-144" (Single Family Residential, 144,000 square feet minimum) to "R-36" (Single Family Residential, 36,000 square feet minimum) meets the criteria for a minor amendment to the General Plan and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. A minor amendment to the General Plan is hereby approved, changing the land use designation of the Rezoning Area from Industrial/General (IG) to Low-Density Residential (0.6 - 3.0 DUlAC). Section 2. The zoning ofthe Rezoning Area is hereby changed from "R-144" (Single Family Residential, 144,000 square foot minimum lot size) to "R-36" (Single Family Residential, 36,000 square feet minimum lot size). Section 3. The intent of this rezoning is to allow the use of the Rezoning Area for single family custom homes on large lots. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation ofthe Town of Marana Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): 1. The total disturbed area, including all existing disturbance, shall not exceed 36% of the balance of the Rezoning Area after dedication of the Silverbell Road right-of-way (see paragraph 11 below). The method for accounting for this total disturbance shall be determined and established through the subdivision platting process. {00003664.DOC / 3} 1/26/20079:51 AM Marana Ordinance No. 2007.01 Page 1 of 4 2. The final design and arrangement of subdivision lots for the Rezoning Area shall be subject to approval by the Town Engineer and the Planning Director in accordance with this Ordinance and all applicable regulations. 3. The Developer shall as part of the subdivision platting process provide the necessary documentation to substantiate the engineering feasibility of placing buildings on and access drives to serve the lots of the proposed subdivision of the Rezoning Area. 4. No homes on the proposal site shall exceed 25 feet in height. Houses located adjacent to Silverbell Road shall be limited to a maximum 18 feet in height and single story to reduce the visual impact of development along Silverbell Road. 5. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Planning Director. 6. No area of cut or fill on the Rezoning Area shall exceed a vertical distance of 15 feet, and any area of cut or fill with a vertical distance greater than ten feet shall include planting areas and terraced plant benches as follows: a. a minimum six foot wide planting area at the toe of the exposed slope; and b. a minimum six foot wide terraced plant bench at the ten foot height of the exposed slope; and c. planting areas and plant benches shall extend the length of the exposed slope; and d. the planting areas and plant benches shall be vegetated with plants in conformance with the revegetation standards in Section 18.61.055D.5 ofthe Pima County Code, which is incorporated here by this reference. 7. All slope and drainage treatments shall be designed and engineered to incorporate natural features. The developer and custom lot builder shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. 8. A Native Plant Permit (waiver not acceptable) shall be required for the project infrastructure and for each lot. 9. The property owner shall not cause any lot split of any kind within the Rezoning Area without an approved subdivision plat. 10. The Developer shall complete the subdivision plat process for the Rezoning Area, providing for the development of not more than nine lots served by a road system with a single point of access to Silverbell Road. 11. The Developer shall dedicate, or cause to have dedicated, an additional 45 feet of land to meet the future ISO-foot right-of-way for Silverbell Road. The dedication shall take place 60 days following the effective date of this rezoning. 12. The Developer shall dedicate to the Town by subdivision plat a one-foot no access easement along the entire Silverbell frontage of the Rezoning Area as it exists after the Silverbell {00003664.DOC / 3} 1/26/20079:51 AM Marana Ordinance No. 2007.01 Page 2 of 4 dedication, prohibiting access to Silverbell Road from the Rezoning Area except at the single roadway access referenced in paragraph 10 above. 13. All required parking will be off-street, on site. Each lot shall have provision for two spaces per garage and a minimum of two spaces in the driveway. 14. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2006.12, as it may be amended. 15. All required fees of the Marana Park Benefit Area shall be paid by the developer in accordance with Ordinance No. 2006.12, as it maybe amended. 16. Upon completion of the development the developer shall record covenants enforceable by and in a form acceptable to the Town and that run with the land to permanently preserve areas that remain undisturbed. 17. The existing structures shall be removed from the Rezoning Area prior to final plat approval. 18. All existing above-ground electric facilities carrying less than 46kV within and adjacent to the Rezoning Area and any new facilities shall be under-grounded as part of this project. 19. Development of the Rezoning Area shall comply with all provisions ofthe Town's Codes, Ordinances, and policies of the General Plan, current at the time of any subsequent development, including, but not limited to any requirements for public improvements. 20. 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. Section 4. This Ordinance shall be treated as having been adopted and the 30-dayreferendum period established by Arizona Revised Statutes section ("AR.S. ~") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed 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 (AR.S. S 12-1131 et seq., and specifically AR.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 as of the effective date of this Ordinance. 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 of this Ordinance. {00003664.DOC / 3} 1/26/2007 9:51 AM Maruna Ordinance No. 2007.01 Page 3 of4 PASSED AND ADOPTED, subject to the provisions of Section 4 above, by the Mayor and Council of the Town of Marana, Arizona, this 6th day of February, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00003664.DOC / 3} 1/26/2007 9:51 AM Marana Ordinance No. 2007.01 Page 4 of 4 "- .,..~ MARANA ~~~~/ I "- fO_OIUAb..... TOWN OF MARANA Planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICA nON (Check Ooe) o Preliminary Plat o Final Plat o Development Plan o Landscape Plan o Native Plant Permit o General Plan Amendment o Specific Plan Amendment ~Rezone/Specific Plan o Significant Land Use Change o Minor Land Division . o Variance o Conditional Use Permit o Other 2. GENERAL DATA REQUIRED Assessor's Parcel Number(s) ~ 101 0 ~ 005 e:. General Plan Designation # "2-/'+' Cf I 0<:,. 0 (To be COnflfffied by staff) Gross Area (Acre/Sq. Ft.) /1.'1'}. AG~S Current Zoning pz. - II.J.LI (To be confirmed bv staff) DevelopmentIProject Name "51 J,Ve.~~1L J2cAl) p~/!t.1( Proposed Zoning p.. - 3(, Project Location tP 0 55' IJ. ~ J ~v f1. P.lf:U.. /ZDM> .. MA./l..Atf>JA I A"7- 6>5,43 Description of Project tz.e~i.. ~ ~"/C/4 10 12.-3<- ( ~.r-'~ ~t.7),I~~'~:!!:LI) Property Owner c;,,, (l...of.J /J;.. fZ.OAl> t.... t.. c,. / ~ I L..Ve:-rlI?e:L,..t.. (4JATJ L..L.G- Street Address P.O. P->o )t:. (P4- ?~i City State Zip Code Phone Number Fax Number E-~:i' Address e -rvc.s q...J A--z-. 8 &]7-z.g '5'2.0 ..e7o"~1il ':;-w - S'J.., .. tW~ ho ~rl s '1~oo. c.om Contact Person ( fVI~~''-''Ut Phone Number No~L.. ~I2-I,S ~~) ~~o .. ~/O - ;).tf'1l Applicant NolSL. e:.Al2- L S Street Address P. o. ~)(. (.4- '3Si City State Zip Code Phone Number Fax Number E-Mail ~ddrer Q TtJ €J <;..en..... Az. 3' ~l ?e r~ .. '170 "' ~1 J .J1.c .. $".;lct -I r-t i- YlO" UA" f 'oJ f;tc.J1'Oo . ~ Contact Person Phone Number v !Vot:<.. ~W r~.. ? '70 - ~.l~/1 Agent/Representative N/A Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana I Business License No. 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~ Jill J~ ~seI~: ?C~-()Clo:33 6~' C(Z.wW. ~O(.:;.oO-003 /J~ U S -/(;-06 No~L ~A~L~ ' . Print Name of Applicant! Agent Signature Date X:\SHARED FILES\Review Checklist\Application.doc May 2005 . TOWN OF MARANA PLANNING DEPARTMENT REZONE IMPACT STATEMENT 1. AREA OF PROPERTY: SQ. Fr. It .4 ACRFS 2. LocATION: CPo?!> t-J. C;ll.Vt::1t-P:>E.U, ~ , M~A, r.:.-Z- 3. EXISTING ZONING: f2- I ~ '-'- PROPOSED ZONING: fZ. ~" 4. LIST RELATED CASES: CASE 1# FILFjPROJECT NAME 1. DESCRIBE THE PROPOSED USE OF THE PROPERTY: \:Z-e.ht O~t-1T" ..t... -I- ~ l.c:1r; foIL G.cJ~-r 4Ot.t'\ +41 ~ 2. STATE WHY THIS USE BENEFITS THE COMlVfUNITY AT LARGE: 1,J ~ "SE.1> ~ ~E.. Fc(z. ~ Cf M6>r .,1,... KM()~ &~I~'Tt~ ('2.) M....J~""1) 6lA'&7 ,6fJD ~ ~ ~~"(.6w.( f~~C::t c.u\T~ ~~ ~VC\.or~. Pagp 12 of If\ A u~ust 20().1 3. IF THE PROPOSED USE ]5 RESlDENTIAL, HOW MANY Tor AL RESlDENTIAL UN]TS WlLL TIJERE BE ON THE PROPERTY TO BE REZONED? MULTI- F AMlL Y HOMES ow SITE- BUlLT HOMES MANUFACTURED HOMES OrnER (DESCRIBE): 4. WILL TIJE SUBJECT PROPERTY BE SPUT ]NTO ADDlllONAL Lars? ~ES 0 No IF YES, HOW MANY TOTAL LOTS WlLL THERE BE ON THE PROPERTY TO BE REZONED, AND WHAT S]ZE (]N ACRES) WlLL EACH LOT BE? "TlJ ~\!. ::t l.o (~) .,.-z>~ 1loG~ ~~ E.~~ Lo. 5. IF ADDITIONAL LOTS WlLL BE CREATED BY TH]S REZONING, HOW WlLL ALL-WEATHER ACCESS BE PROVlDED TO THESE LOTS? A 't-le:..W ~t> S~\..V ~ Cf:l1t.,)~Tft.'->cre=P ,...,~~~I.,)u W\T" ~'\"Vcrz..P.>CU,. ~~. ~ 1Z-D~'J) (J\\..AJ bE. ~~~ ItJ A.c..c..6)\...~d. l..>l-r\1 ~wA ~1.,)1>~c; Fett- (A)\,...~~..~. 6. WHAT]S THE MAXIMUM PROPOSED BUlLD]NG HE]GHT? ~~ FEET, :l.. STORIES 7. PROVIDE AN ESTIMATE OF WHEN PROPOSED DEVELOPMENT WlLL BE STARTED AND COMPLETED. STARTING DATE: C./07 COMPLETION DATE: (,/Oq 8. IF THE PROPOSED DEVELOPMENT IS COMMERCIAL OR ]NDUSTRlAL: A. How MANY EMPLOYEES ARE ANTICIPATED? ~/A I' B. How MANY PARKlNG SPACES WILL BE PROVIDED? .. C. WHAT ARE THE EXPECTED HOURS OF OPERATION? Pap,E"l:lollR Augusl2003 D. WILL A SEP ARA TE LOADING AREA BE PROVlDED? ..... / A E. ApPROXIMATE SIZE OF BUlLDINGS (SQ. Fr.): (IF YES, SHOW LOCATION ON PRELIMINARY DEVELOPMENT PLAN.) "" / A.. 9. FOR COMMEROAL OR INDUSfRlAL DEVELOPMENTS, OR RESIDENTIAL DEVELOPMENTS OF lliREE (3) RESIDENCES PER ACRE OR GREATER: A. STATE WHIm BUFFERY ARD IS REQUlRED, PER TITLE 17 OF THE TOWN OF MARANA LAND DEVELOPMENT CODE: t-1 / A. B. DESCRIBE THE BUFFER THAT WILL BE PROVlDED (ST ATE BUFFER WIDTH, USE OF WALLS, AND TYPE OF PLANT MATERIAL) TO MEET lliE ToWN OF MARAN A LAND DEVELOPMENT CODE REQUIREMENTS: ..../ A 10. IF THE PROPOSED DEVELOPMENT 1S AN INDUSTRIAL PROJECT, Sf A TE lliE 1NDUSTRIAL WASTES THAT WILL BE PRODUCED AND HOW lliEY WILL BE DISPOSED. (DISCUSS THE MEANS OF DISPOSAL W1TH THE PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT AT (520) 74Q-:6500ANDTHE DEPARTMENT OF ENVlRONMENT AL QUALITY AT (520) 740-3340. LlST ANY PCWW OR PDEQ REQUlREMENTS APPLICABLE TO THIS PROJECT.): N/A. Page 1-1 of 1& AU~lJSI 2003 1. ARE THERE EXISTING USES ON THE SITE? ~ES 0 No A. IF YES, DESCRIBE THE USE, STATING THE NUMBER AND TYPE OF DWELLING UNITS, BUSINESSES, ETe.: ct-k.>~ - ('2.) ~~~~ P:lU>LJS B. IF NO, IS THE PROPERTY UNDISTURBED, OR ARE THERE AREAS THAT HAVE BEEN GRADED? 2. IF THE PROPOSED REZONING IS APPROVED, WILL THE EXISTING USE BE REMOVED, ALTERED, OR REMAIN AS IS? E:. ~\~T ' u u~E. (,.),~ f=€. ~)ltoVCD. 3. ARE THERE ANY EXISTING UTIUTY EASEMENTS ON THE SUBJECT PROPERTY? ~ES 0 No IF YES, STATE THEIR TYPE AND WIDTH, AND SHOW THEIR LOCATION ON THE PREUMlNARY DEVELOPMENT PLAN: I (0 r==- ~ €. T W I oe:.. f2. . 0 . &;J. E..,A. S E..M E:1J1 Jl..L.o,J& F-U l-l, l,...(;JJ &~ of '5o'-"J'l.{ pp.-op~ l- (~ 4. DESCRIBE THE OVERALL TOPOGRAPHY OF THE SUBJECT PROPERTY, AND NOTE WHETHER ANY SLOPES OF GREATER THAN 15% ARE PRESENT ON THE PROPEIITY. NOTE ANY ROCK OUTCROPPINGS, UNUSUAL LANDFORMS OR OTHER SIGNIFICANT ENVIRONMENTAL RESOURCES: IDPO~~ ,~ V~. - V~~ -StGpIN<. I-lIUJi I Ft..T ~,ous\...1 &1LA1)~ ~ t V...,,~ -sLc"...,c:. ~~e$. \...IM'''fO> ~S Of U~If-<<.M 'SLe.~ of 1'510 OJ.. ~.,..~. Nu OVfC..ILo'f\~S, VU~U~ t.-.~O~~ e>fZ- ~,~~ p.e~OV~. Page 15 0118 AugusI2oo3 5. NOTE ANY AREAS OF HEAVY VEGEf A TION ON THE PRELIMINARY DEVELOPfvlENT PLAN: Ht:~V'~\1 1)~Stt'1 of- ~eprt'd1J o<:..~ ,.t.~ ~ q:.- M.-t.J"w. l.v~. ~,.-run.,) ~f,,)I1IE~ ~ MSoc..'''i1~~ ~€.. ~ '~t,"", ct) ,tJ. f2-C'PliJ,:f I w1UJC"\ . 6. ARE THERE ANY NA TIJRAL DRAINAGEW A YS (WASHES) ON THE SUBJECT PROPERTY? ~ES 0 No IF YES, SfATEWHEfHER THESE NATURAL DRAINAGE PATTERNS WILL BE ALTERED BY THE PROPOSED DEVELOPMENT, AND WHAT TYPE OF ALTERATION IS PROPOSED: u I~ hJ c.~~ - on...,'->~ p~TTQA..>~ \.oJlu.. l-JVl ~ ,6-\,~. ~ L.oc.A~ It..) f'l.o1:>> pw.cw ""'tA, ~ El6I~ .MJD ~ ~ ~I~ Wlnl ~SlaJ ~~'5V\. 7. ISAUTIiORIZATION FROM ANY FEDERAL,SfATEOR LOCAL AGENCY REQUIRED? '(t:.~ - loa\' IFYES,PROVIDENARRATIVE: ~T' c,t fAoT I~ ,. fl-trut> pUI..J uS€. ~'T t,t..J,u., P)(. ~,~. 8. ApPROXIMA TEL Y HOW MUm OF THE SUBJECT PROPERTY IS PROPOSED TO BE GRADED, INCLUDING AREAS WHERE MOST VEGEf A TION WILL BE CLEARED? 4.~ ACRES AND :t "3 G. ~o PERCENT OF THE LAND AREA. How MUCH OF THIS AREA IS CURRENTLY GRADED? JLPP~ . \, % 9. DESCRIBE ANY REVEGETATION PROPOSAL IN AREAS WHERE DEVELOPMENT WILL REQUIRE REMOVAL OF NATURAL VEGETATION: Plz..oPDll:1> t>CJcLor~ '1 ~ 1M.fk1'U<. --rllE \"'1t.M~ EL'\TI~"b VcuqMf1fl\. Pagp160flB Au~ust 2003 10. WILL A SEPTIC SYSTEM OR PUBLIC SEWER BE USED FOR mE PROPOSED DEVELOPMENT? ~EPIlC o SEWER IF SEPTIC IS TO BE USED, STATE WHETHER ONE CURRENTLY EXlSTS ON mE PROPERTY AND, IF SO, WHErnER ADDITIONS TO THAT SYSTEM WlLL BE NEEDED FOR mIS DEVELOPMENT. (NOTE: FOR INFORMA nON ON SEPTIC SYSTEM REQUIREMENTS, CALL THE DEPARTMENT OF ENVIRONMENTAL QUAUTY AT 740-3340.): .E.~\\r '<4 ~fLC.' ~G. ~y~ ~ f)t. ~~. '.....D'VIOu'"- Lor ~t.. S'(c)T~ -J'1> ~ fG-oV,,,Q). 11. How WlLLWATER BE SUPPLIED TO mE PROPERTY? -r-v~ \".)"'~IL 'bcPT. M..tJ ~~~I6lJ - ~ l-oT ,UO\V,1>v-..l\,,,\ ~. 12. Is THE A V AlLABLE WATER SUPPLY ADEQUATE FOR mE PROPOSED DEVELOPMENT? g{'ES 0 No 0 Nor SURE IF PRlV ATE SERVICE IS PROPOSED, IS THERE A 100- YEAR ASSURED WATER SUPPLY? DYES 0 No 0 NOT SURE W/A 13. WILL THIS PROJECT EMPLOY ANY WATER HARVESTING TECHNIQUES? EXPLAIN: Nc:rr pp-op 6 StD ~"1'l'1 ~ T I ME . PagE" 17 0' If; !'\ugusr 200;\ DESCRIBE ADJACENT AND NEARBY LAND USE TYPES AND ZONING W1TIllN APPROXIMATELY SOO FEET OF THE SUBJECf PROPERTY IN ALL DIRECflONS: NORTH: NW - ~e:.<;, ~JJ-r/A.l- I PIMA c.oUf-Jr-1 -?f2- -ZO..II~~ N IS- - 12-~<?1 Ot:1Jn ~t.. I M,A..~,.Jp. IZ- ~(." ~f.J I tJ~ SOUTH: f2-.1:,~ I Oe:.\JTI~\"" I M~J2..A~ tz- ~(D 201J UJ~ EAST: WEST: Pi'gP lR or l~ Augu~1 200J r' ~-~~ MA-RAI\fA ~/r\ TOWN OF MARANA o 6055 N. Silverbell Rd. Rezoning CASE NO. REQUEST A request bySilverbell Road L.L.C. to rezone approximately 11.9 acres from "R-144" to "R-36". The property is located north of Sunset Road on the west side of Silverbell Road. "' ~-- ~ MARANA ~/ I '\. TOWN OF MARANA GENERAL PLAN South Silverbell Road CASE NO. REQUEST Future Development Plan Map from the Gen"eral Plan depicting the Low Density Residential land " " use planned for the west side of SHverbell Road. 'L....J ""~/~ ~l\i ~~~. ~~ ~i.~ ~ ~ ~""J ~~ ::s=- ;?...,. l'>;c;.~ """, ~. ~ldJl ~~ .1;J-S~!H~ .....~ OC::l _'C~ .~... '" I a €' ~ ~......~ a\~~~ri ~~Cl I() ~ 13. ttlo ~ ~ ~ /",4 CJ m < m rm ~z ~~ m-f z- -f< -om r )> Z ~ ~ ~ ~ ~ ~ ..". ~ =: ~ .... ~ i ~ 1::1 ~ ~- ~ ~ ~ ~ ~ ~. do ~ = & ~ ~ ~ Q, ~. as. = :r o 3 " .. ~ ~ ~ . ~:z~ q $ "tl .:.... ~ ~ ~ ~ '" ~ ~ f ~ 13 ~ .0 t:. r. CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.01 SILVERBELL ROAD, LLC, an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.01 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCl-06033, filed on behalf of the Owner, which the Marana Town Council approved with conditions on February 6, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right to compensation for diminution in value pursuant to Arizona Revised Statutes 9 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this _ day of February, 2007. SIL VERBELL ROAD, LLC, an Arizona limited liability company By: SOSTANZA LLC, an Arizona limited liability company, its managing member By: Noel Earls, its managing member STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on February _, 2007 by Noel Earls, the managing member of SOSTANZA LLC, an Arizona limited liability company, managing member ofSILVERBELL ROAD LLC, an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public {00003915.DOC / 2} ..ANA .~/j' EXHIBIT "A" For 6055 N.SIL VERB ELL REZONING LEGAL DESCRIPTION PCZ-06033 .' Exhibit A A portion of Section 7, Township 13 South, Range 13 East and Section 12, Township 13 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County Arizona, described as follows: . . . BEGINNING at the Southeast comer of the Northeast quarter of said Section 12; THENCE North 89<'56'07" West along the South line of said Northeast quarter a distance of 658.22 feet; THENCE North 45000'00" East 967.50 feet to the Southwesterly right-of-way line of Silverbell Road, as shown in Book 3 of Road Maps at Page 9, records of Pima County, Arizona; THENCE South 54021 '47" East along said right-of-way line a distance of 476.95 feet to a point of curvature of a tangent curve.concave to the Southwest; THENCE Southeasterly along said right-of-way line, along the arc of said curve, to the right, having a radius of924.93 feet and a central angle of31 042'00" for an arc distance of511.74 feet to a point of tangency; THENCE South 22039'47" East, along said right-of~way line a distance of9.83 feet to the South line of the Northwest quarter of said Section 7; THENCE South 89047'55" West along said Southlinea distance of731.93 feet to the Point of Beginning. .