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HomeMy WebLinkAboutOrdinance 2023.025 Approving a Rezoning of Approx 1.75 Acres of Land Generally Located on the West Side of Camino Martin 20232300349 ORDIN 08/18/2023 01:36:06 PM Page: 1 of 6 Gabriella Cazares-Kelly Recorder OFFICIAL RECORDS OF PIMA COUNTY, AZ 1111 IW tiUM,ri votrziNlhl+IW ilk. aLIYii111 MARANA ORDINANCE NO. 2023.025 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 1.75 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF CAMINO MARTIN, APPROXIMATELY 400 FEET SOUTH OF THE INA ROAD AND CAMINO MARTIN INTERSECTION, FROM VC (VILLAGE COMMERCIAL) TO HI (HEAVY INDUSTRIAL); AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM COMMERCIAL (C) TO EMPLOYMENT (E) WHEREAS Bedroxx Opportunity Fund, LLC (the "Property Owners") own approximately 1.75 acres of land, generally located on the west side of Camino Martin, approximately 400 feet south of the Ina Road and Camino Martin intersection, in Section 6, Township 13 South, Range 13 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 Larsen Baker to submit an application to rezone the Rezoning Area from VC (Village Commercial) to HI (Heavy Industrial) ("this Rezoning"); and to request a minor amendment to the Marana General Plan changing the land use category designation for the Rezoning Area from Commercial (C) to Employment (E); and WHEREAS the Marana Planning Commission held a public hearing to consider this Rezoning on July 26, 2023, and voted unanimously 6-0 to recommend that the Town Council approve this Rezoning and minor General Plan amendment subject to the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing to consider this Rezoning on August 15,2023,and determined that this Rezoning and minor General Plan amendment 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 VC (Village Commercial) to HI (Heavy Industrial). Section 2. A minor amendment to the General Plan is hereby approved, changing the General Plan land use designation of the Rezoning Area from Commercial (C) to Employment (E). Ordinance No.2023.025 - 1 - Section 3. This Rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development 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. 2. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by Town staff prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. 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 Tucson Water (the"water provider") prior to approval of a preliminary plat 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 (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 Ordinance No.2023.025 - 2 - 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) and emergency access,must be accepted by the Northwest Fire District prior to Town Council consideration of a final plat 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. 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. 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.2023.025 - 3 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of August, 2023. Mayor Ed Honea ATTEST: ,. APPROVED AS TO FORM: 41411611C-"Iiir David L. Udall, Town Clerk Ja • Sra11, •own Attorney i AA_ MARANA AZ ESTABLISHED 1977 Ordinance No.2023.025 - 4 - Exhibit A to Marana Ordinance No. 2023.025 July 21, 2023 Description of Proposed HI Heavy Industrial Zoning That portion of the Northwest quarter of Section 6, Township 13 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, conveyed in Sequence 20221190464 of the Pima County Recorder's Office and currently zoned VC Village Commercial, and described by metes and bounds as follows: COMMENCING at the brass cap in concrete stamped RLS 27845 and monumenting the North line of the Northwest quarter and the centerline of Camino Martin; THENCE S 01°48'04" E along said centerline a distance of 371.27 feet; THENCE N 89°43'48" W 30.02 feet to the POINT OF BEGINNING at the Northeast corner of the land conveyed in Sequence 20221190464; THENCE S 01°48'04" E along the East line of said land a distance of 174.58 feet to the North line of the right-of-way conveyed in Docket 4653 at Page 206; THENCE N 89°47'04" W along said North line a distance of 20.01 feet; THENCE N 89°45'39" W 618.34 feet to a found 5/8"rebar tagged RLS 4080 on the West line of the land conveyed in Sequence 20221190464; THENCE N 01°30'10" W along said West line a distance of 44.01 feet to a North line of said land; THENCE S 89°43'48" E along said North line a distance of 255.06 feet; THENCE N 01°48'47" W along said North line a distance of 130.91 feet; THENCE S 89°43'48" E along said North line a distance of 383.11 feet to the POINT OF BEGINNING. Containing 1.7926 acres or 78,084 square feet, more or less. F9 LAND Prepared by: �u 12122 9- BRUCE FRANCIS ,- Bruce Small o SMALL ' per i,: PSI nedv�:: P' Exhibit A to Marana Ordinance No. 2023.025 N APN 101-05-007J 0 o SCALE 1 " = 150' i EXISTING VC ZONING in9, 0 (P O S I .• 7APN 101-05-007J APN 101-05-1110 a ------ C///2/// E S • V i G S' EXISTING HI ZONING 0 o� APN 101-05-007D z 9 SEQ 20221190464cct dC LOT1 0 ct APN 101-05-006S APN 101-05-006R C..) Jeremy Place LOT 2 k ►car q 12122 9 Z'3 BRUCE FRANCIS 0 SKETCH TO ACCOMPANY A LEGAL SMALLS BRUCE SMALL SURVEYS, INC. DESCRIPTION IN SECTION 6, 154 as; ped ,.: P, 3040 N. CONESTOGA AVE. TOWNSHIP 13 SOUTH, RANGE 13 .0NA,V5'i TUCSON AZ 85749-9332 EAST, GILA AND SALT RIVER VOICE: (520) 444-7186 MERIDIAN, PIMA COUNTY, ARIZONA. EMAIL: BRUCE.SMALL©COX.NET