HomeMy WebLinkAboutOrdinance 2003.19 Approving the Hernandez and SC Ranch Holdings request for rezone F. ANN RODRIGUEZ, RECORDER
RECORDED BY~ LAM
DEPUTY RECORDER
6545 PE4
SMARA
TOWN OF MARANA
ATTN= TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET= 12322
~AGE= 1336
NO. OF PAGES= 10
SEQUENCE= 20041140284
06/14/2004
0RDIN 14=46
MAIL
AMOUNT PAID $ 10.50
OF
MARANA ORDINANCE NO. 2003.19
Marana Ordinance No. 2003.19, recorded by the Pima County Recorder on August 22,
2003, in Docket 12120, pages 6540 through 6548, is being re-recorded to correct a
scriveners error. The date the ordinance was passed and adopl~ was incorrect. The
changes are as follows:
PASSED ...... 19~ day of August, 2003
PASSED ...... 3re day of.lune, 2003
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F, ~ RODRZGU~Z, RECORDER DOCi~ET~ 12120
REf~RDED BY~ PSG ~ P~GE~ 6540
9~ BE~CE: 200316315~
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13251 ~ ~0~ ~8 ~Z~ ~
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~O~ ~ZD ~ 10.00
MARANA ORDINANCE NO. 2003.19
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONE REQUEST BY SUSAN HBRNANDEZ AND SC RANCH
HOLDINGS, L.L.C. TO REZONE APPROXIMATELY 40 ACRES OF LAND FROM "A'
(SMALL LOT ZONE) TO "R-6" (SINGLE FAMILY RESIDENTIAL/ 6000 SQ. FT.
MINIMUM LOT SIZE) AND "NC" (NEIGHBORHOOD COMMERCIAL) CREATING A 30
ACRE RESIDENTIAL NEIGHBORHOOD WITH 10 ACRES OF COMMERCIAL. THE
SUBJECT PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF
SANDERS ROAD AND MOORE ROAD, WITHIN SECTION 28, TOWNSHIP 11 SOUTH,
RANGE 11 EAST.
WHEREAS, Susan Hemandez and SC Ranch Holdings, L.L.C. are the owners of
approximately 40 acres of land generallyloeated at the northeast comer of Sanders Road and Moore
Road, within Section 28, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached
hereto and incorporated herein by this reference; and
WHEREAS, the Marana Planning Commission held a public heating June 25, 2003 and
voted 6-0 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 bythe Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. The zoning of approximately 40 acres generally located at the northeast comer of Sanders
Road and Moore Road, within Section 28, Township 11 SOuth, Range 11 East is hereby changed
from "A" (Small Lot Zone) to "R-6" (Single Faml'ly ReSidential/6000 gc1. ft. minimum lot size)
and "NC" (Neighborhood Commercial) creating a30 acre residential neighborhood with 10 acres
.... of commercial.. = . .
Section 2. The purpose of this rezoning is to allow the creation ora residential neighborhood and
F-" neighborhood commercial services, subject to the following conditions:
Maram Ordinance No. 2003.19
Page 1
1. 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, requirements for public improvements.
2. The design of all streets and circulation related facilities shall be accepted by the Northwest
Fire District and the Town prior to the Planning and Zoning Commission's consideration
of the preliminary plat. The applicant shall provide annexation acceptance into the
Northwest Fire District with the submittal of a preliminary plat.
3. This rezoning is valid for five (5) years from the date of Town Council approval provided
that if the developer fails to have a final plat recorded prior to the five (5) years, the
property shall revert to the original zoning without further action by the Town Council.
4. The preliminary plat shall be in general conformance with the tentative land use plan as
adopted by Mayor and Council.
5. 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 the 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 hereby advised to retain appropriate expert and or consult with federal
and state agencies to determine any action necessary to assure compliance with applicable
laws and regulations.
6. The applicant shall enter into a Water Service Agreement with the Town of Marana prior
to the Town Council's consideration of the final plat.
7. The applicant agrees to enter a financial contract establishing their "fair share"
contribution for regional transportation, schools, and parks. The contribution shall be
recorded through a mutually acceptable Development Agreement. The Agreement shall
reflect the applicant's responsibility to indenmify the project's impact upon the identified
public services and amenities. The Development Agreement must be recorded prior to
Town Council consideration of any preliminary platting request related to the change in
zoning requested herein.
8. Special landscape and design treatments shall be provided at project entry ways, as well as
perimeter walls, which create an individual identity for the project and consistency with the
- Northwest Marana Area Plan.
9. Installation of Dual Water lines Shall be required per the Northwest Marana Area Plan, as
adOpted OCtOber 17, 2000. _. -
10. "Southwest" architectural styles ishould be used to design neighborhood commercial
villages that harmonize with the overall character of Northwest Marana as described in the
Northwest Marana Area Plan as adopted October 17, 2000.
.Ir
Marana Ordinance No. 2003.19
Page 2
11. High-traffic pedestrian activity corridors shall utilize accent pavement and specialty
lighting as described in the Northwest Marana Area Plan, adopted October 17, 2000.
12. If the applicant elects to limit or prohibit on-street parking in the residential portion of the
project then adequate common guest lots shall be provided through out the residential
portion of the project. Total guest parking should be no fewer than 1 space per dwelling
unit.
13. The site shall be surveyed for archaeological resources before any ground disturbing
activities take place.
14. The Developer shall dedicate Sanders Road to a 75-foot half-width right-of-way and Moore
Road to a 75-foot half-width right-of-way for street purposes, or as accepted by the Town.
In the event an infrastructure development project requiring additional right-of-way along
Sanders or Moore is programmed in the approved Capital Improvement Plan for the Town,
the developer shall convey the subject right-of-way upon demand by the Town.
15. A sewer service agreement and master sewer plan must be submitted, by the Developer,
and accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the first preliminary plat by the Town Council.
16. The property owner shall transfer with the final plat, by the appropriate Arizona
Depatiment of Water Resources form, those water rights being IGR, Type I or Type II to
the Town of Marana for the Town providing designation of assured water supply and water
service to said property. If Type I or Type 1I are needed on said property, the Town and
developer/landowner shall arrive at an agreeable solution to the use of those water rights
appurtenant to said land.
17. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the
property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a
Development Agreement with the Town of Marana to reimburse the Town for this
project's proportionate share for the cost of construction of the levee.
18. Potential buyers shall be notified that some or all of the property in this rezoning is subject
to an anmlal tax and assessment by Cortaro Marana Irrigation District and Cortaro Water
Users' Association.
19. The rezoning Shall Comply with the adopted Subdivision Design Standards at the time of
development.
Section 3. AIl Ordinances, Resolutions and Motions and parts~of Ordinances, Resolutions, and
Motions of the Marana Town Council in conflict with the proVision-~ ~f ifil~:6ia~Te~Te}~g~ '-':-:
repealed, effective as of the effective date of Ordinance No. 2003. 19.
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.
Marana Ordnance No. 2003.19
Page 3
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PA~ED AND ~ by tim Mayor and Council of the Town of Marana, Arizona, this
ATTEST:
~'~lyn C.~ronson
t/Town Clerk
APPROVED AS TO FORM:
'/- ~--ndn:tp~lly
Mayor BOBBY SUTTON, YR.
Marana Ordmance No. 2003.19
Page 4
Grier
Barnett
Project Site
Moore Road
Santa Cruz R~ver ~
LEGEND
Street Network
Santa Cruz River
C
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Escrow No, 30006635-MS
Title'Or=er No. 30006635
EXHIBIT
PARCEL E:
f cnbed ,n ~=ke~ 7~,2age2~01
-~ase and Meridian,' ' ~ma County, Arizona described as follows{
Commencing at the Southeast corner of said So~hwe~ qua~er;
Thence North 00031'48" West, along the East line of said Southwest quarter, a distance of 50.00 feet to the
Southeast corner of said parcel, said point being the Point of Beginning;
Thence South 89°19'27" West, along the South line of said parcel, a distance of 642.08 feet;
Thence North 00003'36" West, a distance of 298.20 feet;
Thence North 89°19'27" East, a distance of t 14.35 feet;
Thence North 00003'36" West a. distance of 475.84 feet to a point on the North line of said parcel;
Thence North B9 o 19'27" East, along said North line, a distance of 521.38 feet to the Northeast corner of said parcel;
Thence South 00°31 '48" East, along the East line of said parcel, a distance of 775.00 feet to the Point of Beginning.
SUBJECT TO AND TOGETHER WITH an easement for ingress, egress and utilities over the North 15 feet of the South
825 feet of the Southwest quarter.
(portion of iv arb: 71)
The Sou~t~ 8.25 feet of the South half of the Southwe~ quarter of Section 2~, Township 11 South, Range
Gila and Salt River Base and Meridian, Pime County, Arizona;
EXCEPT the S~u~ 50 fa.t; end :
EXCEPT the East 125 feet of the North 150 feat of the SoLnh 200 feet of the Southws~ quarter of the Southwest
0uar~er; and
EXCEPT the East 165 feet of the Wae~ 199 feet of the North 715 feat of the South 765 fBet Of the Southwest quarter
of ~l~e Southwest quarter; and
EXCBPT any portion ~ereof lying within Sander Road and/or Moore Road, as they now exist:
AND EXCEPT the following described parcel:
That ~ortJon of mm oereel of la~d described in Docket 7942, Page 1501 of Pimp County Records, being a portion of
th~ South 825 feet of ne Southwest quarter of Section 28, Town=hip 11 South, Range 11 East. Gila and Salt River
Ease and Merkfian. Pimp CountY, Arizona, described aa follows;
Commencing at ~e Southeast corner of ~eld Southwest quarter;
Thence North 00031'48" Wa~. along the Eaat line of said Southwest quarter, a distance of 50.00 fee~ to the
Seu~east corner of ~aJd parcel;
Thence South 8g ~ 18'27" We~ along the South line of said parcel, a alliance of 642.08 feetto the Point of Beginning;
Thence con:inulng Sarah 89019'27. West. a~eng said south line, s distance of 438.23 feet;
Thence Nortl~ 00"03'36' West a distance of 298,20 feet;
Thence North 89019'27" Ea~ a did:once of 438.23 feet;'
Tnence South 00°03'36' East a distance of 298.20 feet to the Point of Beginning.
AND EXCEPT the tallowing described perosh
That por~on of ~he parcel of land 0ascribed in Docket 7942. Page 1501 of Pimp CounTy Records. being e portion of
the South 825 feet of the Southwest quarter of Section 28, Township 11 South, Range 11 East, Gila end ~eH River
Base and Meridian, Pime CounW. Arizona. described as follows:
Commencing at the Southeast corner of said Southwest quarter;
Thence NOrth 00°31'48~ Wast, along the East llne of said Southwe~ quarter, e distance of 50.00 feet to the
Southeas~ corner of said parCeL said point being the POINT OF BEGINNING;.
-T~en~OU~fi B9* 19'27" We~; ~long the ~outh fine of said Parcel, a di~ance'~f 642;~f~--
Thence No~h 00003'38, We~. a di~anc~ of 298.20 feet;
Thence North 89*19'27" East, a di~ance of 114.35 feet;
Thence North 00003'36" West, a :~istance of 476.84 feet to a point on the Nor~ line eT said parcel;
PO: 5 o~ 6
u//zi/oz WED 15:34 FAX 570 1199 FIDELITY NAT TITLE
· ' '"~
Thence Nor[h 89 ~ 19'27" East, along ~eid North I~ne, a d~tance of 521.38 feet to the Northeas~ corner of said parcel:
Thence South 00031'48" Ea~, along the East line of said oarcel, a dis"tahoe of 775.00 feet to the POINT OF
BEGINNING. SUBJECT TO AND TOGETHER WITH an eas.'ment for ingress, egress and utilities over the North 15 f~et
of the South 825 fee~ of the Southwest (~uarter.
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