HomeMy WebLinkAboutOrdinance 2022.008 Approving a Rezoning of Approximately 6.3 Acres of Land Located East of Twin Peaks Road and South of Camino De Manana GABRIELLA CAZARES-KELLY, RECORDER ���y"\y- IIIIIIIIIII II II III IIII IIIIIIIIIIIII 111
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MARANA ORDINANCE NO. 2022.008
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
6.3 ACRES OF LAND LOCATED EAST OF TWIN PEAKS ROAD AND SOUTH OF
CAMINO DE MANANA FROM R-36 (RESIDENTIAL) TO NEIGHBORHOOD
COMMERCIAL (NC)
WHEREAS Marana Manana, LLC (the "Property Owner"), owns approximately
6.3 acres of land located east of Twin Peaks Road and south of Camino de Manana within
Section 12, Township 12 South, and Range 12 East, described on Exhibit "A" attached to
and incorporated in this ordinance by this reference (the "Rezoning Area"); and
WHEREAS the Property Owner has authorized The Planning Center to submit an
application to rezone the Rezoning Area from R-36 (Residential) to Neighborhood
Commercial (NC) ("this Rezoning"); and
WHEREAS the Marana Planning Commission held a public hearing to consider
this Rezoning on March 30,2022 and voted unanimously 6-0 to recommend that the Town
Council approve this Rezoning subject to the recommended conditions; and
WHEREAS the Marana Mayor and Town Council held a public hearing to
consider this Rezoning on May 3, 2022 and determined that this Rezoning should be
approved.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The zoning of the Rezoning Area is hereby changed from R-36
(Residential) to Neighborhood Commercial (NC).
Section 2. This Rezoning is subject to the following conditions, the violation of
which shall be treated in the same manner as a violation of the Marana Town Code (but
which shall not cause a reversion of this Rezoning), and which shall be binding on the
Property Owners and their successors in interest (all of whom are collectively included
in the term"Property Owners" in the following conditions):
1. Compliance with all applicable provisions of the Town's codes and ordinances
current at the time of any subsequent development including, but not limited to,
requirements for public improvements and payment of application fees and
applicable development impact fees.
Ordinance No.2022.008 - 1 -
2. Any preliminary plat or development plan for any portion of the Rezoning Area shall
be in general conformance with the Conceptual Land Use Plan presented to and
approved by the Town Council as part of this Rezoning.
3. A master drainage study must be submitted by the Property Owners and accepted by
the Town Engineer prior to Town approval of a preliminary plat or development plan
for any portion of the Rezoning Area.
4. A water infrastructure and phasing plan (WIP) must be submitted by the Property
Owners and accepted by Marana Water Department (the "water provider") prior to
approval of a preliminary plat or development plan for any portion of the Rezoning
Area. The WIP shall identify all on-site and off-site water facilities needed to serve the
proposed development. The WIP shall include all information required by the water
provider, such as (but not limited to) analysis of water use and fire flow requirements,
and well source, reservoir, and booster station infrastructure needed to serve the
proposed development. If the water provider requires a water service agreement as a
condition of service to the proposed development, the Property Owners must enter
into a water service agreement with the water provider consistent with the accepted
WIP.
5. A master sewer plan must be submitted by the Property Owners and accepted by
Pima County Regional Wastewater Reclamation Department (the "wastewater
utility") prior to the approval of any final plat or development plan for the Rezoning
Area. The master sewer plan shall identify all on-site and off-site wastewater facilities
needed to serve the proposed development, and shall include all information required
by the wastewater utility. If the wastewater utility requires a sewer service agreement
as a condition of service to the proposed development, the Property Owners must
enter into a sewer service agreement with the wastewater utility consistent with the
accepted master sewer plan.
6. The Property Owners must design and construct any roadway, drainage, water, and
wastewater improvements, and dedicate or acquire any property rights associated
with those improvements, that the Town requires based on the data and findings of
the accepted traffic impact analysis, the accepted master drainage study, the accepted
WIP, the accepted master sewer plan, and other studies approved in connection with
the approval of a preliminary plat or development plan for any portion of the
Rezoning Area.
7. The final design of all streets and circulation facilities, including gated access (if
applicable) must be accepted by the Golder Ranch Fire District prior to Town Council
consideration of a final plat or Town staff approval of a development plan for any
portion of the Rezoning Area.
Ordinance No. 2022.008 - 2 -
8. No approval, permit or authorization by the Town of Marana authorizes violation of
any federal or state law or regulation or relieves the Property Owners from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. The
Property Owners should retain appropriate experts and consult appropriate federal
and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
9. The Property Owners shall transfer to the water provider, by the appropriate Arizona
Department of Water Resources form, those water rights being IGR, Type I or Type 11
for providing designation of assured water supply and water service to the Rezoning
Area. If Type I or Type II is needed on the Rezoning Area, the water provider and the
Property Owners shall arrive at an agreeable solution to the use of those water rights
appurtenant to the affected portion of the Rezoning Area.
10. Prior to the issuance of any grading permits, the Property Owners shall submit
evidence to the Town that all federal permit requirements have been met through the
Corps of Engineers and the State Historic Preservation Office, if federal permits are
required for the development of the Rezoning Area.
11. The Property Owners shall not cause any lot split of any kind without the written
consent of the Town of Marana.
12. The Property Owners shall coordinate with the Town of Marana Environmental
Project Manager during the process of designing and installing the wildlife fencing
required for this project.
13. Development of a convenience store or a drive-through service of any type shall only
be permitted on a pad in the northwest corner of the Rezoning Area, closest to the
intersection of Twin Peaks Road and Camino de Manana, and is not permitted in any
other portion of the Rezoning Area.
Section 3. All ordinances, resolutions and motions and parts of ordinances,
resolutions, and motions of the Marana Town Council in conflict with the provisions of
this ordinance are hereby repealed, effective as of the effective date of this ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance.
Ordinance No. 2022.008 - 3 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 3rd day of May, 2022.
ATT T
Cherry L. La so , Town Clerk
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MA ASIA AZ
ESTABLISHED 1977
Mayorrd onea
APPROV D AS TO FORM:
jagairall, Town Attorney
Ordinance No. 2022.008 - 4 -
Exhibit A to Ordinance No. 2022.008
Order No.: 60014984 -001 -613 -BW
LEGAL DESCRIPTION
The Land referred to herein below is situated in the County of Pima, State of Arizona, and is described as follows:
Parcel 1:
That portion of the West half of the Northwest quarter of the Southwest quarter of Section 12, Township 12 South, Range
12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows:
BEGINNING at the West quarter corner of said Section 12;
THENCE South 89 degrees 59 minutes 45 seconds East, a distance of 551.09 feet to a point on the West right-of-way line
of EI Camino De Manana as shown in Book 2 of Road Maps at page 1;
THENCE South 21 degrees 32 minutes 15 seconds West, along said right-of-way line, a distance of 611.15 feet to a point
of curve;
THENCE at an angle to the right and concave to the Southeast, having a central angle of 02 degrees 58 minutes 22
seconds and a radius of 2,148.68 feet, an arc distance of 111.48 feet to a point;
THENCE at an angle to the tight and concave to the Southeast, having a central angle of 10 degrees 07 minutes 09
seconds, and a radius of 2,148.68 feet, an arc distance of 379.48 feet to a point;
THENCE at an angle to the right and concave to the Southeast, having a central angle of 16 degrees 10 minutes 13
seconds, and a radius of 365.84 feet, an arc length of 103.25 feet to a point on the West line of said Section 12;
THENCE North 01 degrees 23 minutes 57 seconds West, along the West line of said Section 12, a distance of 1,076.70
feet to the TRUE POINT OF BEGINNING.
EXCEPT that portion conveyed to the Town of Marana, a body politic, in Docket 11563 at page 2214.
FURTHER EXCEPT that portion conveyed to the Town of Marana, an Arizona municipal corporation, in Docket 13633 at
page 4406.
(JV Arb 79)
Parcel 2:
The Western '/2 of the right-of-way established by RIGHT-OF-WAY Proceedings Number 220 in Book 2 of Roads at page
3 in the Office of the Pima County Recorder, abandoned by Marana Resolution No. 2009-108, lying within the West half of
the Northwest quarter of the Southwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, and adjacent to the Southeast boundary of the land described in Docket 7915
at page 1775.
Form 5011600-A (7-1-14) Page 4 ALTA Commitment (6-17-06)
Exhibit A
FirstAmerican TideTM
Commitment for Title Insurance
BY
First American Title Insurance Company
Exhibit A
Order No.: 60014984 -001 -613 -BW
LEGAL DESCRIPTION
The Land referred to herein below is situated in the County of Pima, State of Arizona, and is described as follows:
Parcel 1:
That portion of the West half of the Northwest quarter of the Southwest quarter of Section 12, Township 12 South, Range
12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows:
BEGINNING at the West quarter corner of said Section 12;
THENCE South 89 degrees 59 minutes 45 seconds East, a distance of 551.09 feet to a point on the West right-of-way line
of EI Camino De Manana as shown in Book 2 of Road Maps at page 1;
THENCE South 21 degrees 32 minutes 15 seconds West, along said right-of-way line, a distance of 611.15 feet to a point
of curve;
THENCE at an angle to the right and concave to the Southeast, having a central angle of 02 degrees 58 minutes 22
seconds and a radius of 2,148.68 feet, an arc distance of 111.48 feet to a point;
THENCE at an angle to the tight and concave to the Southeast, having a central angle of 10 degrees 07 minutes 09
seconds, and a radius of 2,148.68 feet, an arc distance of 379.48 feet to a point;
THENCE at an angle to the right and concave to the Southeast, having a central angle of 16 degrees 10 minutes 13
seconds, and a radius of 365.84 feet, an arc length of 103.25 feet to a point on the West line of said Section 12;
THENCE North 01 degrees 23 minutes 57 seconds West, along the West line of said Section 12, a distance of 1,076.70
feet to the TRUE POINT OF BEGINNING.
EXCEPT that portion conveyed to the Town of Marana, a body politic, in Docket 11563 at page 2214.
FURTHER EXCEPT that portion conveyed to the Town of Marana, an Arizona municipal corporation, in Docket 13633 at
page 4406.
(JV Arb 79)
Parcel 2:
The Western '/2 of the right-of-way established by RIGHT-OF-WAY Proceedings Number 220 in Book 2 of Roads at page
3 in the Office of the Pima County Recorder, abandoned by Marana Resolution No. 2009-108, lying within the West half of
the Northwest quarter of the Southwest quarter of Section 12, Township 12 South, Range 12 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, and adjacent to the Southeast boundary of the land described in Docket 7915
at page 1775.
Form 5011600-A (7-1-14) Page 4 ALTA Commitment (6-17-06)
Exhibit A
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