HomeMy WebLinkAboutOrdinance 2022.028 Relating to Development; approving a rezoning of .53 acres of block c the final plat for Willow Ridge GABRIELLA CAZARES-KELLY, RECORDER
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MARANA TOWN CLERK 01/06/2023
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MARANA ORDINANCE NO. 2022.028
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
.53 ACRES OF BLOCK C OF THE FINAL BLOCK PLAT FOR WILLOW RIDGE,
LOCATED AT THE SOUTHEAST CORNER OF CORTARO FARMS ROAD AND
SANDY DESERT TRAIL, FROM R-16 (RESIDENTIAL) TO NC (NEIGHBORHOOD
COMMERCIAL);APPROVING A MODIFICATION OF A REZONING CONDITION OF
MARANA ORDINANCE NO. 2004.07, WHICH APPROVED THE REZONING FOR
THE 104-ACRE WILLOW RIDGE DEVELOPMENT, TO DELETE A CONDITION THAT
PROHIBITS TWO-STORY CONSTRUCTION WITHIN 300 FEET OF CORTARO FARMS
ROAD AS IT APPLIES TO BLOCK C, A 3.81-ACRE PARCEL
WHEREAS the Mayor and Council of the Town of Marana adopted Marana
Ordinance No. 2004.07 on April 20, 2004, approving a rezoning of approximately 104.6
acres of land located along the south side of Cortaro Farms Road east of Hartman Lane
and west of Star Grass Drive, known as Willow Ridge, from R-144 (Residential, Single-
Family) and R-36 (Residential, Single-Family) to NC (Neighborhood Commercial), R-6
(Residential, Single-Family), and R-16 (Residential, Single-Family); and
WHEREAS approval of the rezoning was subject to a number of conditions
including Condition No. 6 which states "No two-story construction shall be provided
within three-hundred (300) feet of Cortaro Farms Road on the north and along the
westerly property line,as delineated in the site analysis and tentative development plan";
and
WHEREAS, on September 14, 2005, the Final Block Plat for Willow Ridge Blocks
A through F was recorded in the office of the Pima County Recorder at Book 60 Maps
and Plats Page 22; and
WHEREAS Block C of the Final Block Plat for Willow Ridge ("Block C") is a
3.81-acre parcel located south of Cortaro Farms Road and east of Sandy Desert Trail, of
which approximately 3.28 acres is zoned NC (Neighborhood Commercial) and
approximately .53 acres is zoned R-16 (Residential, Single-Family) per Ordinance No.
2004.07; and
WHEREAS Lazarus & Silvyn, P.C., representing an entity under contract to
purchase Block C (the "Property Owner"), has submitted an application to rezone the R-
16-zoned portion of Block C, as described and depicted in Exhibit 'A' attached to and
incorporated in this ordinance by this reference (the "Rezoning Area"), to NC (this
"Rezoning"); and
Ordinance No.2022.028 - 1 -
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WHEREAS Lazarus & Silvyn, P.C., has also submitted an application to delete
Condition No. 6 of Ordinance No. 2004.07 as it applies to Block C; and
WHEREAS the Marana Planning Commission held a public hearing to consider
this Rezoning and condition modification on November 30, 2022, and voted unanimously
7-0 to recommend that the Town Council approve this Rezoning and condition
modification; and
WHEREAS the Marana Mayor and Town Council held a public hearing on
December 20, 2022, to consider this Rezoning and condition modification and determined
that they 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-16 to NC.
Section 2. Except as set forth in Section 3 below, this Rezoning is subject to the
conditions of Ordinance No. 2004.07, 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 Owner and its successors
in interest (all of whom are collectively included in the term "Property Owner.")
Section 3. Section 2, Condition 6 of Marana Ordinance No. 2004.07 is hereby
deleted only as it applies to Block C of the Final Block Plat for Willow Ridge Blocks A
through F. The condition shall remain in place for all other portions of the Willow Ridge
Final Block Plat that are subject to the condition.
Section 4. 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 5. 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. 2022.028 - 2 -
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 20th day of December, 2022.
Mayor Ed Honea
ATTEST:
David L. Udall, Town Clerk
ARANA AZ
ESTABLISHED 1977
APPROVED AS TO FORM:
Fair , Town Attorney
Ordinance No. 2022.028 - 3 -
Exhibit A to Marana Ordinance No. 2022.028
Exhibit A to Marana Ordinance No. 2022.028