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HomeMy WebLinkAboutOrdinance 2003.20 Approving the Hernandez and Saguaro Ranch Holdings request for rezone F. ANN RODRIGUEZ, RECORDER RECOP. DED BY: D K DEPUTY RECORDER 7864 PE1 SMARA TOWN OFMARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MANANA AZ 85653 DOCKET: 12307 PAGE: 2179 NO. OF PAGES: 7 SEQUENCE: 20040990553 05/21/2004 0RDIN 16:07 MAIL AMOUNT PAID $ 9.00 SCI VENER'S ERROR MARANA ORDTNANCE 2003.20 Marana Ordinance No. 2003.20, originally recorded by the Pima County Recorder on August 22, 2003, in Docket 12120, page 6535, was recorded without Exhibit A. This scriveners error corrects that omission as follows: EXH BTI' A: WAS: Exhibit A omitted in error Legal Description for Parcel 1 through 5 1 3 0 1 ? 9 F. ANN RODRI~URZ, RECORDER DOCKETs 12120 RECORDED BY~ PSO ~ PAGEs 6535 DEpee~ ~aCORDER //J?T"~9,\ no. o~ ~o~s, PE1 [[~l ~a~ll S~Q~NC~, 2003~31580 13~N LON ~S ~ ~IL ~A AZ 85653 ~0~ PAID $ 8.00 MARANA ORDINANCE NO. 2003.20 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY THE SAGUARO RANCH, L.L.C. TO REZONE APPROXIMATELY 75 ACRES OF LAND LOCATED NORTH OF MOORE ROAD, EAST OF THORNYDALE ROAD, IN A PORTION OF SECTION 29, TOWNSHIP ! 1 SOUTH, RANGE 13 EAST, FROM "C" (LARGE LOT ZONE) TO ZONE "R-144" (RESIDENTIAL, 144,000 SQUARE FEET). WHEREAS, Saguaro Ranch, L.L.C. is the owner of approximately 75 acres of land located within Section 29, Township 11 South, Range 13 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held public hearings July 30, 2003, and at said meeting voted to recommend that the Town Council approve said rezone, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held August 19, 2003 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 75 acres located within Section 29, Township 11 South, Range 13 East, north of Moore Road and east of Thomydale Road (the "Rezoning Area"), is hereby changed fi'om Zone "C" (Large Lot Zone) to Zone "R-144" (Residential, 144,000 square feet). Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached homes, 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 ordinance): Compliance with all provisions of the Town's Codes, Ordinances, and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirement for public improvements. 1 O 1 O Marana Ordinance No. 2003.20 Page 1 of 5 2. The Developer shall provide, to the Development Services Administrator's satisfaction, the necessary off-site roadway improvements as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. 3. The property owner shall not cause any lot split ofany kind without written consent ofthe Town of Marana Planning and Zoning Commission, and an approved Minor Land Division application. 4. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 5. Prior to submittal of a building permit application for any construction, the applicant shall provide written verification that the lot for which a building permit is sought has been annexed into the Northwest Fire District. 6. No grading of individual building sites may occur prior to issuance of a building permit for the affected lot, with the exception of up to 5 lots per development phase, which may be graded for the purpose of equipment and materials staging/storage and a vegetation nursery. 7. Prior to the final inspection of the home site, basic site stabilization and construction debris removal is required. 8. No cut or fill slope shall exceed 15 feet in height, measured vertically from top of slope to toe of slope. Multiple slope pitches shall not exceed a total of 15 feet of cut and 15 feet of fill. 9. No element of a single family residential structure shall exceed 18 feet above the pre- construction grade immediately below such element, except an elevator or single chimney, which may exceed that height by no more than 4 feet. 10. A site-specific vegetation inventory and landscape plan prepared by a Registered Landscape Architect or Biologist shall be submitted for each individual lot proposed for development. The plan shall include the area a minimum of 50 feet beyond the proposed limits of any disturbance. The preparation of the vegetation inventory shall be consistent with the Town of Marana native plant permit requirements. 11. All slopes having a height greater than 4 feet shall be constructed using native stone as a part of a retained earth wall or as a veneer to a masonry or cast-in-place concrete retaining wall unless they are cut in rock and a geotechnical engineer certifies their stability. Ifa retained earth wall is constructed, the interstitial areas between the rocks shall be planted with native plant material and shall at a minimum include one native plant of a type indigenous to the site for every 20 linear feet of wall, in a size of not less than a 24-inch box. If a rock veneer on a concrete or masonry retaining wall is used, a native plant of a species indigenous to the site, in a size no less than a 24-inch box, shall be planted every 20 feet along the base of the wall. If the rock employed in the veneer or the face of a stable rock cut face is not of a patina matching the surrounding field stone, a stain or a weathering treatment shall be applied to the rock face. If the existing vegetation on the lot affords effective screening of the retaining wall, the planting requirement may be reduced upon approval of the Town's Planning and Zoning Director. 12. All hydro-seeding shall employ a seed mix consistent with the surrounding desert flora. Marana Ordmance No. 2003.20 Page 2 of 5 3 7 13. All private streets shall conform to the minimum AASHTO Standards. 14. All utility extensions shall be underground. 15. Exterior painted surfaces shall be painted in a range of colors that are common to the natural landscape. Hues derived from earth-weathered rock and local vegetation may be employed. A palette of desert colors shall be generated and shall be approved by the Planning and Zoning Director. Trim elements are not subject to this requirement. 16. The maximum slope of a driveway shall not exceed 22%. All homes having driveways which exceed 15% shall have residential fire sprinkler systems installed prior to final inspection. 17. Developer shall record covenants binding against and applicable to the entire Saguaro Ranch Project (that is, the approximately 1,033.5-acre project identified in the Saguaro Ranch Pre- Annexation Development Agreement recorded June 27, 2003 at Docket 12081, Page 8329, Pima County Recorder's office), which shall not be modified without the consent of the Town of Marana and which may be enforced by the Town of Marana with respect to any portion of the Saguaro Ranch Project that is within the jurisdictional limits of the Town of Marana at the time of enforcement. The covenants shall include the following provisions: a. The maximum amount of disturbance within the Saguaro Ranch Project shall be 20%, inclusive of all disturbed areas (other than pedestrian and non-motorized access trails not consisting of man-made impervious surfaces). Any pre-existing areas of disturbance which are restored may be excluded from the area of disturbance upon successful vegetation establishment. The plant materials employed in the restoration shall be of the same vegetative size/volume and species as the original vegetation in the area of disturbance. b. A Natural Resources Management Monitoring Plan (NKMMP) shall be prepared which annually tracks specific species and groups of species to ascertain their status within the Saguaro Ranch Project and their response to development activities, in real time. The NRMMP shall also document initial habitat conditions and populations for species of interest within the Saguaro Ranch Project. c. The limits of disturbance shall be identified for each individual parcel at the time of building permit submittal. The perimeter of the limits of disturbance shall be staked physically in a surveyable fashion and shall be fenced to prevent intrusion into the remaining natural area. A metes and bounds description describing the limits of disturbance for the purposes of recording an undisturbed area covenant shall be provided with the permit application. The undisturbed area covenant, stipulating to the future preservation of the undisturbed areas, in a form acceptable to the Town, shall be recorded prior to final inspection of the home site. d. The grading plan and limits of disturbance for the each lot shall be approved, in writing, by the Developer's Design Review Board and, for sites then located within the jurisdictional boundaries of the Town, authorized by the Town's Planning and Zoning Director. Acknowledgement of the amount of disturbance shall be incorporated in this approval and shall be deducted from the remaining area of permissible disturbance for the Saguaro Ranch Project, as maintained in the Natural Resources Management Monitoring Plan. Maram ordman~ No. 2003.20 Page 3 of 5 t O e. The subsequent modification of a site due to a homeowner request for future expansion shall be in complete conformance with the original performance conditions for site development. Any expansion of the limits of disturbance must be approved by the Developer's Design Review Board and, for sites then located within the jurisdictional boundaries of the Town, authorized by the Town's Planning and Zoning Director, and shall include a revised Undisturbed Area Covenant for the site. The area of the additional disturbance shall be recorded in the Natural Resource Management Monitoring Plan and shall be deducted from the remaining area of permissible disturbance for the Saguaro Ranch Project. f. In the event of an intrusion into the proposed undisturbed area during site development, the disturbed areas shall be restored prior to final inspection approval. The materials employed in the restoration shall be of the same vegetative size/volume and species as the original vegetation in the area of disturbance. Additionally, the violated area shall be subtracted from the total available area of disturbance for the Saguaro Ranch project. Upon successful reestablishment of the violated area, the area subtracted from the total available area of disturbance shall be reduced to 50% of the area of violation. g. On-street parking is prohibited except at designated trailheads where additional pavement width is provided. A remote parking area shail be provided, together with valet or shuttle service to serve the needs of visitor and staff/service parking, or sufficient on-lot, off- street parking shall be required. h. No water-producing wells for the purpose of domestic or irrigation use shall be constructed or utilized. i. No rooftop appliances, mechanical devices, antennas or satellite dishes are permitted. Restrictions regarding satellite dishes are subject to federal law. j. No oversized vehicles, recreation vehicles, horse trailers or boats shall be stored on private residential lots. k. All mechanical equipment, spa or pool equipment, utility boxes, antennas, wood storage, satellite dishes and trash receptacles shall be screened fi.om any point of view offsite. 1. Patio walls shall not be constructed along the perimeter of the individual lots, except on occasion to protect from offsite views or adjacent traffic or headlights; however, they may be constructed at the boundary of the grading envelope. m. Permaculture techniques shall be employed on individual residential lots to reduce runoff. n. Unleashed dogs and cats shall not be permitted beyond the confmes ofthe owner's home or developed yard area. o. Exterior residential lot lighting shall be limited to low-voltage lighting (except for building-mounted lighting intended to illuminate a doorway that is directed downward). Light fixture elements shall not be visible from off the individual lot where the light fixture elements are located. p. Contractors and developers of individual lots shall provide an initial landscape preservation/installation and site cleanup performance deposit. Marana Ordinance No. 2003.20 Page 4 of 5 1 3 0 1 q. No sloped glazing shall create reflected sunlight that is visible beyond the property line. Mirrored finish glazing is prohibited for outdoor installations. r. Roofing materials shall be of an earth tone consistent with colors found on site. Flat roofs may be ballasted with native stone or painted with a roof coating in a color consistent with the approved color palette. Roof tiles or pavers maybe used so long as the colors are consistent with the earth tones found onsite. Any steel roof elements shall be of a completely rusted or of a very weathered galvanized appearance. Reflective galvanized surfaces are prohibited. s. Any onsite sewage treatment systems shall beneficially use the effluent in landscape irrigation onsite. t. Any repainting of the structures on the lot shall conform to the previously approved color palette for the project. u. The restrictions and requirements set forth in conditions 1 through 16 above, inclusive. 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 Ordinance No. 2003.20. 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 hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of August, 2003. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: ! 2 3 ? 1 4 Marana Ordinam-¢ No. 2003.20 Page 5 of 5 Exhibit A Parcel 1: The Eastern 330.00 feet of the Western 735.00 feet of the Northwest quarter of the Southwest quarter of Section 29, Township 11 South, Range 13 East of the Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT aH coal and other minerals as reserved in the patent from the United States of America. Parcel 2: The Southwest quarter of the Northwest quarter AND the South half of the South half of the Northwest quarter of the Northwest quarter of Section 29, Township 11 South, Range 13 East of the Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPTLNG the West 75 feet and EXCEPTING all coal and other minerals as reserved in the patent from the United States of America. Parcel 3: The East 196.333 feet of the Northwest quarter of the Southwest quarter of Section 29, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT aH coal and other minerals as reserved in the patent from the United States of America. Parcel 4: The East 392.666 feet of the Northwest quarter of the Southwest quarter of Section 29, Township 11 South, Range i3 East, Gila and Salt River Base and Meridian, Pima County, Arizona; 3 O 2 i 8 EXCEPT the East 196.333 feet thereof; Parcel 5: The Northwest quarter of the Southwest quarter of Section 29, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the West 735 feet and the East 392.666 feet thereof; and EXCEPT all coal and other minerals as reserved in the patent from the United States of America.