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HomeMy WebLinkAboutOrdinance 2022.013 Approving a Rezoning of Approxinately 7.0 Acres of Land Located South of Grier Road and East of Sanders Road GABRIELLA CAZARES-KELLY, RECORDER yid ','''i I II I I III II II II I II II 11 II III I II Recorded By: KKE DEPUTY RECORDER d' 4 5026 4 SEQUENCE: 20222800067 SMARA �r PIMA COUNTY ' NO. PAGES: 4 1 TOWN OF MARANA b4,‘ru of r ri �� �% 10/07/2022 i PICKUP �� `` 9:43:35 MARANA ORDINANCE NO. 2022.013 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 7.0 ACRES OF LAND LOCATED SOUTH OF GRIER ROAD AND EAST OF SANDERS ROAD FROM ZONE A - SMALL LOT ZONE AND R-6 (SINGLE-FAMILY RESIDENTIAL) TO NEIGHBORHOOD COMMERCIAL (NC) WHEREAS Elinor Louise Barnett and Fred C. Barnett, as Co-Trustees of the Barnett Family Trust Agreement, (the "Property Owners"), own approximately 7.0 acres of land located south of Grier Road and east of Sanders Road within Section 28,Township 11 South, and Range 11 East, described on Exhibit "A" attached to and incorporated in this ordinance by this reference (the "Rezoning Area"); and WHEREAS the Property Owners have authorized Paradigm Land Design, LLC to submit an application to rezone the Rezoning Area from Zone A-Large Lot Zone and R- 6 (Single-Family Residential) to Neighborhood Commercial (NC) ("this Rezoning"); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on August 31, 2022 and voted unanimously 7-0 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 October 4, 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 Zone A - Large Lot Zone and R-6 (Single-Family 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. Marana Ordinance No.2022.013 - 1 - 2. Any plat or development plan for any portion of the Rezoning Area shall be in general conformance with the Preliminary Development 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 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 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 Marana Water 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 Marana Water consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by the Marana Water Department(the"wastewater utility") prior to the approval of any 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 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 Northwest Fire District prior to approval of a plat or development plan for any portion of the Rezoning Area. 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. Marana Ordinance No.2022 013 - 2 - 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 II 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 install a non-potable system to serve the common open space areas and other landscape amenities, as accepted by the Cortaro-Marana Irrigation District. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of October, 2022. Mayor Ed Honea ATTEST: APPROVED AS TO FOR : .'AWL // David L. Udall, Town Clerk J. - airall, Town Attorney MARANA AZ ESTABLISHED 197 / Marana Ordinance No.2022 013 - 3 - No. 14638-6206187 EXHIBIT "A" A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28 FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION BEARS SOUTH 00029'31" EAST (BASIS OF BEARINGS), A DISTANCE OF 2632.80 FEET; THENCE NORTH 89021'35" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 131.8.94 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE SOUTH 00030'57" EAST, ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 04030'57" EAST, ALONG SAID EAST LINE, A DISTANCE OF 213.09 FEET; THENCE SOUTH 89021'35" WEST, A DISTANCE OF 919.04 FEET; THENCE SOUTH 0002931" EAST, A DISTANCE OF 87.00 FEET; THENCE SOUTH 89°21'35" WEST, A DISTANCE OF 370.00 FEET TO A POINT ON THE EAST LINE OF SANDERS ROAD; THENCE NORTH 00°29'31" WEST, ALONG SAID EAST LINE, A DISTANCE OF 300.09 FEET TO THE INTERSECTION OF THE EAST LINE OF SANDERS ROAD AND THE SOUTH LINE OF GRIER ROAD; THENCE NORTH 89021'35" EAST, ALONG SAID SOUTH LINE OF GRIER ROAD, A DISTANCE OF 1318.94 TO THE POINT OF BEGINNING.