HomeMy WebLinkAboutOrdinance 2001.14 Approving a rezoning and specific plan for Stellar Homes F. ANN RODRTGUEZ, RECORDER ~ DOCRET: 11648
RECORDED BY: VLJ PAGE: 2356
DEPUT~ RECORDER NO. OF PAGES: 4
7995 ROOE SEQUENCE: 20011930632
SM2%RA 10/04/2001
TOWN 0F M]~R$~A 0RDIN 16:47
ATTN: TOWN CLERK
13251 N' LON ~D~MS RD
M~IL
Id~/~NA AZ 85653
AMOUNT PAID $ 8.00
MARANA ORDINANCE NO. 2001.14
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONING AND
APPKOXIMATELY 515 A SPECIFIC PLAN FOR STELLAR HOMES FOR
ACRES OF LAND LOCATED SOUTH OF TANGERINE ROAD, EAST
OF CAMINO DE OESTE, AND WEST OF THORN% DALE ROAD, SECTION 6, TOWNSHIP
12 SOUTH, RANGE 13 EAST, FROM "ZONE C" TO "ZONE F, SPECIFIC PLAN".
WHEREAS, Stellar Homes is the owner of approximately 515 acres of land located South
of Tangerine Road, East of Camino de Oeste, and West of Thomydale'Road, as depicted on Exhibit
A, attached hereto and incorporated herein by this reference, and are more specifically described
as Section 6, Township 12 South, Range 13 Fl~t; and
WHEREAS, Stellar Homes hau requested a Rezoning of the 515 acre property fi.om "C" to
"F, Specific Pla~."; and
WHEREAS, Stellar Homes has been in eomultation with U.S. Fish and W~dlife with respect
to compliance with the requirements of the Endangered Species Act, as they relate to the Cactus
Ferruginous Pygmy Owl; and
WHEREAS, Stellar Homes is preparing a Habitat Comervafion Plan to permanently protect
80 percent of the subject site for undisturbed natural open space; and -
WHEREAS, the Marana Genera/Plan calls for the use of"clustered housing" as a preferred
method of preserving open space; and
WHEREAS, in revie~qng the rezoning request, staff recommended to the Planning and
Zoning Commission the approval of the rezoning and specific plan request subject to seventeen
conditions; and
WHEREAS, the Platming Commission of the Town of Marana, after a public hearing,
considered this request on August 29, 2001, and voted to recoarUiend approval of the re. zoning and
specific plan as'
submitted by Stellar Homes for lands owned by it witliin the corporate limits of the
To~m of Marana, adopting all seventeen reeoa~uended staffeonditions; and
WHEREAS, the Marana Town Council heard fi.om the representative of the owner, staff and
members of the public at the regular Town Council meet~ig held October 2, 2001, and has
determined that the rezone and specific plan is in conforrr~y with the Genera/Plan and should be
approved.
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Section 1: The zoning of approximately 515 acres located in Section 6, Township 12 South,
Range 13 East, Assessor's Parcel Numbers 224-13-004F, 224-I 3-004E, 224-13-0030, 224-13-0020,
224-13-004J, 224-13-004D, more particularly described in ExMbit A, attached hereto, is hereby
cbinged fi.om "Zone C" to "Zone F, Specific Plan".
Section 2: The purpose of this rezorfing is to integrate the subject property into the Skyr~ch
Specific Plan, subject to the following conditions:
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U.S. Fish and Wildlife must approve Habitat Conservation Plan prior to submittal of a
preliminary plat.
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.
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 origiml zoning withOUt further action by the Town Council.
The Developer shall provide, to the Development Services Administrator's satisfaction,
the necessary roadway dedications and improvements as decreed necessary by the To~al's
.Development Services Administrator and Town Engineer to support the proposed
development of the site.
Dev.elopment Agreements addressing infrastructure implementation, the Custodial Plan,
and in-lien fees for parks and schools are required prior to the approval of the first
preliminary plat by the Town Council.
A water service agreement and master water plan must be submitted by the Developer, and
accepted by the Utilities Director prior to the approval of the first preliminary plat by the
Town Council.
A sewer service agreement and master sewer plan must be submitmd, by the Developer,
and acc~ted by Pima County Wastewater Management and the Town Engineer prior m
the approval of the first prel~m~uar~ plat by the Town Council.
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8. Prior to approval of the first preliminary plat by Town Council th~ property shall be
annexed into the Northwest Fire District.
9. Left mm bays shall be constructed for the project entrances at Thornydale Road and
Camino de Manana. Left tom bays shall also be constructed for the intersection of
Camiuo de Manana and Tangerine Road.
I0. A building setback of 330' shall be required along the project's southern boundary.
I 1. Retention of the entire 5-year, 1-hour rainfall event shall be required for portions of the
site discharging to developed areas south of the southern property line.
12. Emergency access points shall be secured by crash gates acceptable to Northwest Fire
District, and the access routes shall be articulated so there is no direct line of sight from
the project to offsite roadways.
13. The emergency access routes shall not be used for construction access after the initial
infrastructure development phase.
14. All area lighting, with the exception of luminaries at intersections of the major streets,
shall be ground mounted and shielded.
15. 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
development lags the anticipated schedule, disturbed areas shall be stabilized after 6
months.
16. If feasible, gray water irrigation system~ shall be employed on all residential lots n this
development. In the event a builder seeks relief from thi~ reqnircment, feas~ility will be
jointly determined by the Marana Development Services Admi~trator and the.project's
Design Review Commitl.~.
17. No perimeter or drift fencing is to be installed, unless recommended by the U.S. Fish and
Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is
acceptable to the U.S. Fish and Wildlife Service
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. 2001.14.
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.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2nd day of October, 2001.
ATTEST:
Daniel J. Hoehuli
As Town Attorney and not personally
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