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MARANA ORDINANCE NO. 2024.004
RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING
CONDITION OF MARANA ORDINANCE NO. 2012.05, WHICH REZONED
APPROXIMATELY 278 ACRES OF LAND LOCATED GENERALLY NORTHEAST OF
I-10, APPROXIMATELY 1.2 MILES NORTHWEST,OF THE I-10/TANGERINE ROAD
INTERCHANGE, CREATING THE TORTOLITA SHADOWS SPECIFIC PLAN, TO
REVISE A PROVISION OF THE ORDINANCE THAT REQUIRED THE DEVELOPER
TO DEDICATE TO THE TOWN A 170-FOOT WIDE DRAINAGE EASEMENT TO BE
LOCATED ADJACENT TO THE UNION PACIFIC RAILROAD
WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance
No. 2012.05 on July 17, 2012, approving a rezoning of approximately 278 acres of land
located generally northeast of I-10, approximately 1.2 miles northwest of the I-
10/Tangerine Road Interchange, creating the Tortolita Shadows Specific Plan; and
WHEREAS approval of the rezoning was subject to a number of conditions,
including condition 8 which provides that the developer shall dedicate to the Town of
Marana, at minimum, a 170-foot wide drainage easement to be located adjacent to the
Union Pacific Railroad to accommodate the Tangerine Road Traffic Interchange drainage
outflow to the Barnett Channel; and
WHEREAS the property owner, CLB Real Property Holding Co,LLC,has applied
to the Town to modify condition 8 based on drainage analysis and design completed by
the property owner's consultant and accepted by the Town;and
WHEREAS the Mayor and Council find that modification of condition 8 as
proposed by thiordinance 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 8 of Marana Ordinance No. 2012.05 is hereby
revised as follows, with deletions shown with strikeout', and additions shown with
double-underlining, and the Tortolita Shadows Specific Plan is hereby amended to
conform to this revised condition:
The developer shall dedicate convey to the Town of Marana, at minimum, a 170
feet 130-foot-wide drainage casement parcel to be located adjacent to the
Ordinance No.2024.004 -1 -
Union Pacific Railroad to accommodate the Tangerine Road Traffic Interchange
drainage outflow to the Barnett Channel. If the Town determines based on
additional drainage studies that an easemente
owner or developer shall dedicate the width necessary to accommodate the future
drainage improvements. The casement drainage parcel shall be dedicated
conveyed to the Town by final block plat or within 60 days of demand by the Town
of Marana.
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.
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 16th day of January 2024.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. Udall, Town Clerk Jane Fairall, Town Attorney
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