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Home My WebLink AboutOrdinance 2003.11 Approving a rezone of lots at Tortolita Preserve · F. ANN RO'DRIGUEZ, RECORDER RECORDED BY: JLW DEPUTY RECORDER 1541 PE3 SMARA TOWN OF MARANA ATTN: TOWN C L EP.K 13251 N LON ADAMS RD ~2~RA~A AZ 85653 DOCKET: 12071 PAGE: 4503 NO. OF PAGES: 6 SEQUENCE: 20031141034 06/13/2003 ORDIN 15:53 MAIL AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2003.11 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY THE ESTATE LOTS AT TORTOLITA PRESERVE, L.L.C. TO REZONE APPROXIMATELY 72.6 ACRES OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, AT THE NORTHEAST CORNER OF MOORE ROAD AND WILD BURRO ROAD, FROM "AG" (AGRICULTURAL) TO ZONE "F" (SPECIFIC PLAN); CREATING THE ESTATE LOTS AT TORTOLITA PRESERVE SPECIFIC PLAN. WHEREAS, The Estate Lots at Tortolita Preserve, L.L.C. is the owner of approximately 72.6 acres of land located within the southwest quarter of Section 26, Township 11 South, Range 12 East, at the northeast comer of Moore Road and Wild Burro Road, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, in reviewing the rezoning request, staff recommended to the Planning and Zoning Commission the approval of the rezoning request subject to several conditions; and WHEREAS, the Marana Planning Commission held public hearings February 26, 2003 and March 26, 2003 and granted continuances requested by the applicant at said meetings thereby extending the public hearing and the Planning Commission's consideration of the request until the April 30, 2003 Planning Commission meeting, and at said meeting voted 6-1 (Commissioner Condit dissenting) to recommend that the Town Council approve said rezone, adopting the recommended staff 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 June 3, 2003 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the To~m of Marana, Arizona, as follows: Section 1. The zoning of approximately 72.6 acres located within the southwest quarter of Section 26, Township 11 South, Range 12 East, at the northeast comer of Moore Road and Wild Burro Road, is hereby changed from Zone "AG" (Agricultural) to Zone "F" (Specific Plan); creating The Estate Lots At Tortolita Preserve Specific Plan. O ? ! Ma.ram Ordinance No. 2003.11 Page 1 Section 2. The purpose of this rezoning is to allow the creation of single family detached homes, subject to the following conditions: 1. Compliance 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, requirements for public improvements. 2. The Town will review and monitor post development disturbance to verify that disturbance is not in excess of 20% of the site's total acreage. 3. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning and Zoning Commission's consideration of the preliminary plat. 4. An annual report shall be submitted 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 and Specific Plan, the report shall address the performance of the site's permaculture design with respect to drainage. 5. The HOA; as established, and accepted by the U.S.F.W. S and the Town of Marana, to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the United States Fish and Wildlife Service. 6. The Town, or an agreeable third pan3,, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. This rezoning is valid for five (5) years from the date of Town Council approval provided that if the developer fails to have a final plat recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. 8. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 9. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 10. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 11. A Development Agreement addressing infrastructure implementation, specifically in-lieu fees for; parks in the amount of $1400 per lot, streets in the amount of $2500 per lot, and schools in the amount of $1200 a lot, is required prior to Town Council consideration of the prelimina-D' plat. The Specific Plan shall be updated through the Utilities section of the Plan prior to Town Council's consideration of the zoning request and Specific Plan adoption to discuss and reflect said fees. 12. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100-year water supply designation. 4 O 4 Mm Ontiranc* No. 2003.11 Page 2 13. Minor grammar and technical changes as required by the Town of Marana shall be made to the Specific Plan prior to Town Council Consideration of the Specific Plan zoning request. 14. Emergency access points shall be secured by crash gates acceptable to Northwest Fire District. 15. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 16. All graded areas that are not expected to be developed within 6 months shall be hydroseeded or treated with a soft-stabilizing agent. In the event grading occurs and developmem lags the anticipated schedule, disturbed areas shall be stabilized after 6 months. 17. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan~ 18. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the JClean Water Aqt. You are hereby advised to retai~ appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 19. The existing C.C.& R.'s for the 80 acre lot split recorded March 2, 1982 shall be amended to stipulate a minimum lot size consistent with this project's tentative land use plan. The amended C.C.& R.'s shall be submitted with the application for preliminary platting. 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 Ordinance No. 2003.11. 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 hereof. 1 0 ? 1 4 0 Marana On:iina~* No. 2003.11 Page 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3P~ day of June, 2003. As Town Attorney and not personally 4 0 Marana Ordl~mce No. 2003.11 Page 4 Exhibit Parcel 1: The West half of thc Southwest Quoter of Section z6, Township 11 South, Range 11 EaSt, Gila ~nd Salt River BaSe and MerJ-ai*n; Phn~ County, Arizoil~- EXCEPT the South 9'5 feet thereof; AND EXCEFT the North h~lf of the Northwest Quarter of the Not'thwest Quarter of the Southwest Qusrtec of said~ection Z~. ' ' ' ~ E~CEFT ~h~t portion of the West ~-It of the Southwest Qum'ter of Section 2G, Township 11 South, l~nge I11 East, Cyih mid Salt River Base and Meridian, ~ County, Arizona described as follows: Commencin~ at thc Southwest comer of said Section Thence alon2 tho Southerly line ~ereof EaSt, ~.IS feet; Thence North 0 degrees 02 minutes 3'7 seconds West, a distance of SZ4.12 feet; Thence South T0 degrees $7 minutes 23 seconds West, a &stance of 100.22, feet to the True]Point of Beginninff; Thence South 0 de~rees 40 minutes 07 seconds East, a distance of Thenco North 80 dq~rees 118 minutes 11 seconds West, a distance of 4Z-~8 feet; Thence l~lorth It de~rees ~7 ng~utcS 40 seconds Es.st, :t distance of 41.82 feet; Thence North 8S de~rees SiZ minutes 49 seconds East, ~t distance of 2.9.10 feet to the Tt-ue Point of Beginning. All that of fl~e West h~lf of the Southwest Quarter of Section 116, Township 11 South, Range 12, Es.(c, Gil~ and Salt River Base and Meridisli, lima County, Arizona described aS follows: Commencin~ it the Southwest corner of Thence along.the Southerly line thereof East, ~59.15 feet; Thence North 0 delrees 0l minutes 37 seconds West, z distance of 5'24.12 feet; Thence South 70 deirees 37 mlnqtes 23 seconds West, I distance of 100.Z~l feet to the True ]point of Beglnniug~ Thence South 0 cl~rees ~t0 minutes 0'/seconds East, s distance of 49.11 feet; Thence North 80 de~'ees 1S minuteS 21 seconds West, a distance of 42.38 feet; Thence North 16 degrees/;7 minuteS 40 seconds EaSt, a distance of 41.811 feet; Thence ~{orth 85 degrees ~ minutes 49 seconds East, a distance of 119.10 feet to the True Point of Beginning. MARANA TOWN OF MARANA THE ESTATE LOTS AT TORTOLITA PRESERVE SPECIFIC PLAN CASE NUMBER. PCZ-02098 1000 0 1000 2000 Feet IE SUBJECT PROPERTY MOOR ~.AcRES FROM PRESERVE, 'L.L.C. ILTU~) TO.:!F" IROAD