HomeMy WebLinkAboutOrdinance 2003.02 Approving a rezone near Flying Diamond and Camino de Oeste F. ANN RODRIGUEZ,
RECORDED BY: MMD
DEPUTy
2403
SMARA
TOWN OF MARANA
ATTN.. TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
RECORDER
RECORDER
PE2
DOCKET= 11982
PAGE= 3255
NO. OF PAGES= 4
SEQUENCE= 20030250977
02/06/2003
ORDIN 16=29
MAIL
AMOUNT PAID
MARANA ORDINANCE NO. 2003.02
$ 8.00
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONE OF THE PROPERTY LOCATED WITHIN THE TOWN
LIMITS AT THE SOUTHWESTCORNER OF FLYING DIAMOND AND CAMINo DE OESTE,
ASSESSOR'S PARCEL NO.216-27-1100, FROM ZONE "C" (LARGE LOT ZONE), TO "R- 144"
(RESIDENTIAL, 144,000 SQUARE FOOT MIN/h,RIM LOT).
WHEREAS, Cheng Holdings Limited Partnership owns approximately 9.56 acres of
property, in a portion of Section 12, Township 12 South, Range 12 East, more particularly described in
Exhibit A attached hereto; and
WHEREAS, Cheng Holdings Limited Partnership has applied to the Town to have the
property rezoned fi.om "C" (Large Lot Zone) to "R-144" (Residential, 144,000 square foot minimum
lot); and
WHEREAS, the Marana Planning and Zoning Commission held a public heating on
December 18, 2002, and voted unanimously to recommend that the Town Council approve the
rezone; and
WHEREAS, the Town Council held a public hearing on February 4, 2003, to obtain input
fi.om the Applicant, Town Staff, and the public on the rezoning of the Property, and has determined
that the rezone is in the best interest of the residents and the Town of Marana and should therefore be
approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town o f
Marana, Arizona, as follows:
Section 1: The zoning on the property at the Southwest comer of Flying Diamond and Camino
De Oeste, Assessor's Parcel Number 216-27-1100 is hereby changed (rezoned) from "C" (large
lot zone) to "R-144" (Residential, one residence per 144,000 sq. ft.);
Section 2: The purpose of this rezoning is to allow for rural development within an area that lacks
urban infrastructure and contains sensitive Sonoran desert habitat and provides reasonable
restrictions that will promote the health, safety and general welfare of the Town, subject to the
following conditions:
Compliance with all provisions of the Town's Codes, Ordinances and policies of
the General Plan, current at the t/me of any subsequent development, including, but
Marana Ordinance No. 2003.02
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not limited to, requirements for public improvements.
2. The property owner shall dedicate the necessary right-of-way for Camino de Oeste,
as delineated in the Town's Transportation Plan or Major Routes, for street purposes
45 days after written request by the Town, or prior to or concurrent with a proposed
subdivision plat, lot split or any building permit initiated by the property owner.
3. 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.
4. A maximum of thirty percent of the total site may be disturbed, exclusive of Major
Route dedications. Building envelopes shall be established through the platting or lot
split process, reflective of the thirty percent total site disturbance restriction.
5. The property owner shall not cause any lot split of any kind without written consent
of the Town of Marana Planning and Zoning Commission, and an approved Minor
Land Division application.
6. 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 ppropriate experts and/or
consult with appropriate federal and state agencies to determine any actions necessary
to assure compliance with applicable laws and regulations.
7. Prior to submittal of a building permit application, the applicant shall provide written
verification that the site has been annexed into the Northwest Fire/Rescue
District.
8. Archaeological clearance from the Arizona State Museum will be required prior to
issuance of a native plant permit, or any site disturbance.
Section 3: All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Town Council in conflict with the provisions of this Ordinance are hereby
repealed effective as of the effective date of this Ordinance.
Section 4: If any section, subsection, sentence, clause, of this Ordinance is for
phrase or portion
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 thereof.
Marana Ordinance No. 2003.02
--Page 2 of 3--
PASSED AND ADOPTED by the Mayor and Council of the Town ofMarana, Ar/zona, this
4th day of February, 2003.
ATTEST:
APPROVED AS TO FORM:
dI~ani~l J. Hochuli
As Town Attorney and not personally
~N, JR.
Marana Ordinance No. 2003.02
--Page 3 of 3--
EXHIBIT A
PCZ-02088
LOCATION MAP
P~o
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