HomeMy WebLinkAboutOrdinance 2023.030 Rezoning Approx 4.1 Acres of Land at Ina and Silverbell Intersection 20232720488
ORDIN Page: 1 of 5
09/29/2023 02:03:36 PM
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2023.030
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
4.1 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY 800 FEET SOUTH
OF THE INTERSECTION OF INA ROAD AND SILVERBELL ROAD, ON THE WEST
SIDE OF SILVERBELL ROAD, FROM R-144 (SINGLE FAMILY RESIDENTIAL) TO VC
(VILLAGE COMMERCIAL); AND APPROVING A MINOR AMENDMENT TO THE
GENERAL PLAN AMENDING THE LAND USE CATEGORY FROM LOW DENSITY
RESIDENTIAL (LDR) TO COMMERCIAL (C)
WHEREAS 7065 N. Silverbell Road LLC (the "Property Owners") owns
approximately 4.1 acres of land generally located approximately 800 feet south of the
intersection of Ina Road and Silverbell Road,on the west side of Silverbell Road,in Section
2, Township 13 South, Range 12 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 The Planning Center to submit
an application to rezone the Rezoning Area from R-144 (single family residential) to VC
(Village Commercial) ("this Rezoning"), and to request a minor amendment to the Marana
General Plan changing the land use category designation for the Rezoning Area from Low
Density Residential (LDR) to Commercial (C);and
WHEREAS the Marana Planning Commission held a public hearing on this
Rezoning on August 30, 2023, and voted unanimously 6-0 with one Commissioner
absent to recommend that the Town Council approve this Rezoning and minor
General Plan amendment subject to the recommended conditions; and
WHEREAS the Marana Town Council held a public hearing on this Rezoning on
September 19, 2023, and determined that this Rezoning and minor General Plan
amendment should be approved, with three additional rezoning conditions proposed by
the Property Owners at the September 19, 2023 public hearing, listed as conditions 16-18
in Section 3 below.
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-144
(single family residential) to VC (Village Commercial).
Section 2. A minor amendment to the General Plan is hereby approved, changing
the General Plan land use designation of the Rezoning Area from Low Density
Residential (LDR) to Commercial (C).
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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 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.
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 detailed traffic impact analysis (TIA) has been submitted by the Property Owners
and accepted by Town staff. The Property Owners may be required to submit an
updated TIA or updated traffic studies when warranted by changes to the Rezoning
Area or in development surrounding the Rezoning Area.
5. 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 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.
6. 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.
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7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. The Property Owners shall not cause any lot split of any kind without the written
consent of the Town of Marana.
13. The Property Owners shall dedicate, or cause to have dedicated, a total of 45 feet
along the entire eastern property line to complete Silverbell Road's western Right of
Way limit with recording of a plat or within 60 days of demand by the Town. The
45-foot area to be dedicated as Right of Way shall be inclusive of the existing 20-foot
Public Roadway Easement previously granted to the Town, and the Easement shall
be extinguished by merger of title.
14. The Property Owners shall comply with Arizona state law and Marana Town Code
Chapter 17-12 regarding the protection of cultural resources in the Rezoning Area.
15. Drive-through facilities are prohibited in the Rezoning Area.
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16. A four-foot-tall screen wall shall be installed along the back side of the row of
parking proposed along the southern boundary. The screen wall is to ensure
headlights do not shine directly onto the adjacent planned Silverbell Ridge
Subdivision.
17. An additional screening element (trellis, metal banding, vegetation, etc.) two feet in
height shall be attached to the top of the screen wall for the portion of the bufferyard
adjacent to the nearest lot within Silverbell Ridge.
18. In addition to the southern bufferyard,trees shall be planted on the south side of the
two apartment buildings to screen views from these buildings onto the adjacent
residential lots along the southern property line.
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona,this 19th day of September 2023.
Mayor onea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane rail, Town Attorney
PCS&
MARANA AZ
ESTABLISHED 1977
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EXHIBIT A to Marana Ordinance No. 2023.030
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED TUCSON, IN THE COUNTY OF PIMA, STATE OF
ARIZONA, AND IS DESCRIBED AS FOLLOWS:
That portion of the Northwest quarter of the Northeast quarter of Section 2, Township 13 South, Range 12 East of
the Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows:
Commencing at a point on the North - South Mid-Section line of said Section 2, which point is 36.35 feet
Southerly from the North quarter corner thereof, said point also being the intersection of said North - South Mid-
Section line and the Southwest right of way line of Pima County Silverbell Road;
Thence in a Southeasterly direction along said Southwest right of way line of Silverbell Road, a distance of 779.94
feet to the True Point of Beginning;
Thence continuing Southeasterly along said Southwest right of way line, a distance of 379.01 feet to a point;
Thence South 89 degrees 51 minutes 30 seconds West parallel with the North line of said Section 2, a distance of
770.26 feet to a point on the North - South Mid-Section line of section 2;
Thence North 01 degrees 01 minutes 45 seconds West along said Mid-Section line, a distance of 279.50 feet to a
point;
Thence North 89 degrees 51 minutes 30 seconds East, a distance of 518.57 feet to the True Point of Beginning.
APN: 214-04-0450