HomeMy WebLinkAboutOrdinance 2002.04 Approving a rezone request by Pat Lopez near Tortolita Road north of Moore Road RECORDED BY: D K
DEPUTY RECORDER
7864 PE2
SMARA
TOWN OF MANANA
ATTN: TOWN ~LERK
1~251 N ~.ON ADAMS RD
MARANA AZ 85653
PAGE: 2439
NO. OF PAGES: 5
SEQUENCE: 20020560505
03/22/2002
ORDIN 16:44
HAIL
AHOUNT PAID $ 8.00
MARANA ORDINANCE NO. 2002.04
AN ORDiNANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REZONE REQUEST BY PAT LOPEZ, ESQ., TO REZONE
APPROXIMATELY I0 ACRES OF LAND LOCATED IN THE NORTHEAST QUARTER OF
SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, ON TORTOLITA ROAD, NORTH OF
MOORE ROAD, FROM ZONE "C" (LARGE LOT ZONE) TO "R-36" (SINGLE FAMILY
R. ES1DENTIAL, MINIMUM LOT S/ZE 36,000 SQ. FT.), ASSESSOR'S PARCEL NUMBER 218-
44-0200.
WHEREAS, Pat Lopez, Esq., is the owner of approximately 10 acres ofland located in the
Northeast Quarter of Section 26, Township 11 South, Range 12 East, on Tortolita Road, north of
Moore Road, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, in reviewing the rezoning request, staff recommended to the Planning and
Zoning Commission the approval of the rezoning request subject to several conditions; and
WHEREAS, the Marana Planning Commission, after a public hearing, considered this
rezoning request on January 30, 2002, and voted unanimously to recommend that the Town Council
approve ssid rezone, adopting the recommended staffconditi0n5; and
WHEREAS, the Marana Town Council heard fi-om representatives of the owner, staff and
members of the public at the regular Town Council meetin.g held March 19, 2002; and has
determined that the rezoning is in conformity with the General Plan and should be approved, subject
to three additional 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 10 acres located in the northeast quarter of Section 26,
Township 11 South, Range 12 East, on Tortolita Road, north of Moore Road, is hereby changed from
"C" (Large Lot Zone) to "R-36" (Single Family Residential, 36,000 sq. fi. minimum lot size),
Assessor's Parcel Number 218-44-0200.
Section 2. The purpose of this rezoning is to allow the creation of single family detached homes,
subj act to the following conditions:
1. Compliance with all provisions of the Town's Codes, Ordinances and policies of thc
General Plan, current at the time of any subsequent development, including, but not limited
to, requirements for public improvements.
Marana Ordinance No. 2002.04
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2. This rezoning is valid for three years from the date of Town Council approval. If the
developer fails to have a plat recorded or lot split prior to the three years, the property
shall revert to the original zoning without further action by the Town Council.
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. The Developer shall dedicate Tortolita Road to a maximum of 30-foot half-width right-of-
way for street purposes, or as accepted by the Town upon demand by the Town within a
reasonable time the demand is made.
5. At no time shall "heavy" construction occur on site, including mass blading, mass grading,
and or mass foundation pouring. Prior to any physical site disturbance, with regard to any
on-site development, the site shall be clearly staked and marked showing allowable
building and disturbance areas, per U.S Fish and Wildlife letter, dated July 23, 2001.
6. A maximum of 20% of the total site may be disturbed per the recommendation of U.S Fish
and Wildlife Service. Building envelopes shall be established, through the platting process,
reflective of the 20% total site disturbance restriction.
7. All viable small vegetation to be removed for any purpose regarding the development of
the site shall be salvaged and re-planted on site. The removal or disturbance of any tree
greater than 6 inches in diameter and 41/2 feet above'ground or saguaros greater than 8 fi
in height is prohibited unless authorized by the U5S. Fish and Wildlife Service via a
revised survgy protocol and additional consultation)i:,
8. The applicant shall divide the property Lato no more than 5 lots.
The property must connect to the public sewer system at the location and ~n the manner
specified by Wastewater Management at the time of review of the tentative plat,
development plan or request for a building permit, unless a waiver is received from the
Pima County Department of Environmental Quality to allow use of an on-site sewage
disposal system.
10. If a connection to a public sewer system is sought, the property owner or his agem must
construct and bare the cost of the public sewer extension. Such extension must be
completed, inspected and released for service prior to the ~ssuance of any building
permits.
Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and
Motions of the Marana Town Council in comqict with the provisions of this Ordinance are hereby
repealed, effective as of the effeotive date of Ordinance No. 2002.04.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
Marana Ordithanr.~ No, 2002.04
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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 o~Arizona, this
19m day of March. 2002.
ATTEST: ~ I~TTON, JR.
' ~"Town Clerk ~
APPROV~
~uli
As Town Attorney and not personally
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EXHIBIT A
The Northeast Quarter~ of the Northeast Quarter of the
Northeast Quarter of Section 26, Township 11 South, ~a/~ge
12 East, Gila and Salt River Base and Meridian, Pima
County/ Arizona
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10651
930
LOCATION MAP
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MANANA
TOWN OF MARANA
CASE NO. PCZ-01107
Hidden Springs Rezone
SUBJE(
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-- ' I ' TORTOLITA ROAD
DOVE MOUNTAIN BLVD.
MOOREROAD --
1000 0 1000 2000 Feet
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LEGAL DESCRIPTION:
NE 1/4 OF NE 1/4 OF NE 1/4 OF SECTION 26
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