The URL can be used to link to this page

Home My WebLink AboutOrdinance 2001.16 Approving a rezone request near the nw corner of Sandario and Barnett Roads F. ANN RODRIGUEZ, RECORDER RECORDED B~: D_K DEPUT~ R~-CORDF, R 7864 ATTN: TOWN CLERK 13251 N LON ~D~/4S RD M~N]k AZ 85653 ROOC ~ DOCKET: 11709 PAGe: 1791 NO. O~ PAGES: 5 SEQUENCE: 20020030429 01/04/2002 ORDIN 16:49 M~IL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO, 2001.16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY SUSAN ONG, ET AL, TO REZONE AP?ROXIMATELY 44 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF SANDARIO AND BARNETT ROADS IN SECTION 28, TOWNSHIP 11 SOUTH, RANGE 11 EAST, FROM "ZONE A" TO "R.-6", ASSESSOR'S PARCELNUMBBRS 217-40-012B A.ND 217- 40-012C. WHEREAS, Suasn Ong, et al, is the owner of approximately 44 acres of land located at the northwest comer of Sandario and Barnett Roads, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference, and more specifically described as Section 28, Township 11 South, Range I 1 East; and WHEREAS, in reviewing the rezoning request, Staff recommended to the Planning and Zoning Commission the approval of the rezoning request subject to fi~een conditions; and WHEREAS, the Marana Planning Commission, after a public hear/ns, considered this rezoning request on August 29, 2001, and voted unanimously to recommend that thc Town Council approve said rezone, adopting all fifteen recommendeA staffconditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staff and members of the public at the regular Town Council meetings held September 4, 2001, October 2, 2001 and October 20, 2001, and has determined that the r~zoning is in conformity with the General Plan and the adopted Northwest Marana Area Pl~m and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 44 acres located at the northwest comer of Sandario and Barnett Roads in Section 28, Township 11 South, Range 11 East, is hereby changed from "Zone A" TO "R-6", Assessor's Parcel Numbers 217-40-012B AND 217-40-012C. Section 2. The purpose of this mzoning is to integrate the subject parcels into one cohesive development, subject to the following conditiuns: Marann Ordinance No. 2001.16 Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, and the Northwest Marana Area Plan current at the time of any subsequent developmem, including, but not limited to, requirements for public improvements. This rezo~ing is valid for three years from the date of Town Council approval provided that if Page 1 1 I 0 9 1 9 1 the developer fails to have a plat recorded prior to the three years the property shall revert to the original zoning without further action by the Town Council. 3. The Developer shall dedicate Sandario to a maximum of 45-foot half-width right-of-way and Barnett to a maximum of 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 Sandario or Barnett 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. 4. The Developer shall dedicate, if applicable, their share of the loop road (new Sandario connecting to Tangerine) a minimum of 250-feet full right-of-way, inclusive of the linear park element. In the event an infrastructure development project requiring additional right-of-way along the Loop Road is programmed ia the approved Capital Improvement Plan for the Town, and is aligned within this property, the developer shall convey the subject right-of-way upon demand by the Town. 5. The Developer shall provide, if needed, to the Development Services Administrator's satisfaction, the necessary offsite roadway dedications and improvements as deemed necessary by the Town's Development Services Adr~inistrator and Town Engineer to support the proposed developmem of the site. 6. The Developer shall provide a proportionate financial share ia regional transportation improvements and other major infrastructure improvements, that include but are not limited to upgrades to the Tangerine/I-10 and Marana/I-10 interchanges, and Moore Road/I-10 interchange, as identified in the Northwest Marana Area Plan and the Marana Master Transportation Plan. 7. A water service agreement and master waterplan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the first prelLminary plat, by the Town Council. 8. 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. 9. The property owner shall tramfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type H to the Town of Marana for the Town providing desi~ation of assured water supply and water service to said property. If Type I or Type 11 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. 10. Prior to the issuance ora 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. I 1 ? O 1 ? 9 Mm Ordinance NO. 2001.16 Page 2 11. The Developer shall develop an irrigation system, dedicated to the Town, to distribute irrigation water to all properties within this development. 12. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 13. Prior to Town Council review the applicant shall address the comments of the Cortaro-Marana Irrigation District to their satisfaction and provide staff with written clearance. 14. The developer shall enter into a Development Agreement to provide an in-lieu contribution for off-site parkland and park facility development as accepted by the Town, prior to approval of a Final Plat. 15. Prior m submittal of a subdivision plat the applicant shall provide written verification that the site has been armexed into the Northwest Fire/Rescue District.. I6. The perimeter wall adjacent to the l O-foot bttfferyard along the Sandan'o frontage, from the southern access point to Barnett Road, shall consist of a minimum six (6) foot high decorative block wall; 17. The £l~tt materials within the minimum lO-foot bufferyard along the Sandario frontage, from the southern access point to Barnett Road shall be planted with a minimum of six (6) trees (50% 24-inch box or greater), twelve (12) shrubs, and fifteen (15) - 1 gallon ground cover / accent plants per one thousand (1, 000) square feet of area; 18. Potential buyers shall be notified that Yoem Pueblo, a cultural resource is located across Sandario Road and contains sacred grounds that have active Tribal ceremonies on an ongoing base 19. No vehicular access shall be perrni~ed from Sandario Road closer than 700-feet north of Barnett Road, this includes the ~600 Lf. of Pasctta Yaqui frontage plus an additional separation. Section 3. All Ordinances, Resolutions and Motinas 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. 2001.16. 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 A~qD ADOPTED~II~}~Igand Council of the Town oiMarana, Arizona, this 20th day of O~r, 2001. ~~m,q~ ~ ATTEST: ~'~_.~ ~_ ~_Sa~_aAl~$ ~ ~ayrI~BO[tBY SUTTON, JR. Page 3 i I 7 O i ? 3 As Town Attorney and not personally 9 4 Marana Or~dmm~ No. 2001.16 Page 4 EXI-IIBIT A LEGAL DESCRIPTION The following described real property situated in Pima County Arizona, The Southeast quarter of the Northeast quarter of Section 28, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Together with; The Southeast quarter of the Northeast quarter of Section 28, Township 11 South, Range 11 Fast, Gila and Salt River Base and Meridian, Pima County, Arizona; Except that part of the Southeast quarter of the southeast quarter of Section 28, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly bounded and described as follows: Beginning at a point of the East and West center line of said Section 28, which point is 30.0 feet Westerly from the East quarter comer of said Section 28; Thence Westerly along said East and West center line of said Section 28, a distance of 140.0 feet to a point; Thence Northerly 170.0 feet from and parallel to the East l~e of said Section 28, a distance of 70.0 feet to a point; Thence Northeasterly to a point which is 145.0 feet Northerly and 110,0 feet Westerly l~om said East quarter comer of Section 28; Thence Easterly 145,0 feet from and parallel to the East and West center line of said Section 28, a distance of 80 feet to a point on the West right- of-way line of county mad No. 177 as now established; Thence Southerly 30.0 feet from and parallel to the East line of said Section 28, a distance of 95.0 feet to the point of begirming. i ? 0 i 9