HomeMy WebLinkAboutOrdinance 2022.010 Approving a Modification of a Rezoning Condition of Marana Ordinance No. 2014.026, which created the Riverside at Silverbell Specific Plan GABRIELLA CAZARES-KELLY, RECORDER II I II I II II II I II II III II II I II
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SMARA 4,,9, PIMA COUNTY ATOWN OF MARANA h 4X,anaasoFF1cs%: 07/15/2022
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MARANA ORDINANCE NO. 2022.010
RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING
CONDITION OF MARANA ORDINANCE NO. 2014.026, WHICH CREATED THE
RIVERSIDE AT SILVERBELL SPECIFIC PLAN, TO DELETE A PROVISION OF THE
ORDINANCE THAT REQUIRED THE DEVELOPER TO DESIGN AND CONSTRUCT
EASTBOUND RIGHT-TURN (DECELERATION) LANES AT EACH OF THE
PROJECT'S THREE DRIVEWAYS ON INA ROAD
WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance
No. 2014.026 on October 21, 2014, approving a rezoning of approximately 14.7 acres of
land located at the southeast corner of Ina Road and Silverbell Road to "F-Specific Plan"
creating the Riverside at Silverbell Specific Plan ("Riverside"); and
WHEREAS approval of the rezoning was subject to a number of conditions,
including condition 9 which provides that the developer will be responsible for the
design and construction of eastbound right-turn (deceleration) lanes at each of
Riverside's three driveways on Ina Road; and
WHEREAS Ascent Companies intends to develop a portion of Riverside as the
Amavida Apartments, and submitted a Traffic Impact Statement (TIS) for the project
dated January 2022 which finds that the three right-turn lanes required by condition 9 of
Ordinance No. 2014.026 are no longer warranted due to changes in land uses and
intensities in the area; and
WHEREAS based on the January 2022 TIS, Ascent Companies has submitted an
application to modify Ordinance No. 2014.026 to delete condition 9 of the ordinance; and
WHEREAS the Mayor and Council find that this condition modification is
insubstantial enough not to require or benefit from Planning Commission consideration,
and that this ordinance is in the best interests of the Town and its citizens.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. Section 3, condition 9 of Marana Ordinance No. 2014.026 is hereby
deleted and the Riverside at Silverbell Specific Plan is hereby amended to conform to the
deletion of the condition.
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Ordinance No.2022.010 - 1 -
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed as of the effective date of this ordinance; provided, however,
that this repeal shall not affect the rights and duties that matured or penalties that were
incurred and proceedings that were begun before the effective date of the repeal.
Section 3. 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, the decision shall not affect the validity of the remaining
portions of this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 12th day of July, 2022.
11/(
Mayor Ed Honea
ATT' APPR• • D AS TO FORM:
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Cherry awson, Town Clerk J. - Fairall, Town Attorney
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MAPANA AZ
ESTABLISHED 1977
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