HomeMy WebLinkAboutOrdinance 2024.024 Approving a Modification of a Rezoning Condition of Marana Ordinance No. 2021.016 20243310118
ORDIN
11/26/2024 10:38:39 AM Page: 1 of 2
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2024.024
RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING
CONDITION OF MARANA ORDINANCE NO. 2021.016, WHICH REZONED
APPROXIMATELY 49 ACRES OF LAND LOCATED APPROXIMATELY ONE-QUARTER
MILE SOUTH OF INA ROAD, WEST OF SILVERBELL ROAD, TO REVISE A PROVISION
OF THE ORDINANCE THAT REQUIRED ALL UTILITIES OUTSIDE OF THE WESTERN
AREA POWER ADMINISTRATION (WAPA) EASEMENT TO BE LOCATED
UNDERGOUND
WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance No.
2021.016 on August 17,2021,approving a rezoning of approximately 49 acres of land located
approximately one-quarter mile south of Ina Road,west of Silverbell Road;and
WHEREAS approval of the rezoning was subject to a number of conditions,including
condition 15 which requires, among other things, all utilities to be underground with the
exception of the overhead electric Western Area Power Administration (WAPA) line;and
WHEREAS the property owner has applied to the Town to modify condition 15 to
permit existing Tucson Electric Power (TEP) lines to remain above ground; and
WHEREAS the Mayor and Council find that modification of condition 15 as set forth
in this ordinance 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 2,condition 15 of Marana Ordinance No. 2021.016 is hereby revised
as follows, with deletions shown with strikeouts and additions shown with double-
underlining:
15. All open space easements and wildlife corridors shall be left entirely undisturbed
and in their natural desert state, except for necessary utility installations, which
shall be revegetated. All such easements and corridors shall be dedicated to the
appropriate entity, acceptable to the Town and at a time acceptable to the Town.
All new utilities which will service the Rezoning Area shall be underground, and
all utility trenches shall be revegetated to be identical with the surrounding desert,
with the exception of All existing the overhead electric lines within existing TEP
and WAPA easements which shall be to WAPA and TEP specifications and are
not required to be underground.
Ordinance No.2024.024 - 1 -
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 19th day of November 2024.
02/(Per,— -AP
Mayor Ed Hon
ATTEST: APPROVED 0 FORM:
2:VA 2___SL gr
David L. Udall,Town Clerk Jane Fairall,Town Attorney
MARANA AZ
ESTABLISHED 1977
Ordinance No.2024.024 - 2-