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HomeMy WebLinkAboutOrdinance 2004.18 Approving a rezoning and creating the tortolita vistas specific plan F. ANN RODRIOUEZ, RECOP, DER RECORDED B~: ~ V . b~PO~Z ~coRD~ 4437 PE3 SMARA TOWR OF MARANA ATTN.' TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12350 PA~E* 5029 NO. OF PAOES: 5 SEQUENCE~ 20041421376 07/23/2004 ORDIN 16:19 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2004.18 RELATING TO DEVELOPMENT; APPROVING A REZONING OF 230-ACRES OF LAND FROM "R-144" TO ZONE "F" AND CREATING TH~ TORTOLITA VISTAS SPECIFIC PLAN ON PROPERTY LOCATED SOUTH OF MOORE ROAD AND WEST OF THORNYDALE ROAD. WHEREAS, The 'Planning Center represents the property owners of approximately 230 acres &land located within Section 31, Township 11 South, Range 13 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing on May 26, 2004, and at said meeting voted 5-1 (Vice-Chair Clanagan dissenting) to recommend that the Town Council approve said rezone, adopting the recommended conditions; and WHEREAS, the Marana Town Council heard fi.om representatives of the owner, staff and members of the public at the regular Town Council meeting held July 20, 2004 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation fi.om Rural Density Residential to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as folio ,ws: Section 1. A minor amendment to the General Plan of approximately 230 acres of land located within a portion of Section 31, Township 11 South, Range 13 East, on the south side of Moore Road, east of the Oldfather road alignment and west of Thomydale (the "Rezoning Area"), changing the land use designation from Rural Density Residential to Master Planning Area, Section 2. The zoning of approximately 230 acres of land located within a portion of Section 3 I, Township 11 South, Range 13 East, on the south side of Moore Road, east of the Oldfather road alignment and west of Thomydale (the "Rezoning Area"), is hereby changed fi.om Zone "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Tortolita Vistas Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached homes and undisturbed open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Marana Ordinance No. 2004.18 Page 1 of 4 Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. This rezoning is valid for two years from the date of Town Council approval; if the developer fails to have an effective Development Agreement in place and a final subdivision plat recorded within such two-year time period the Town may initiate the necessary action to revert the property to the previous zoning (R-144), upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. The proposed grading limits for the Residential (RA) areas shall be consistent with the Land Use Concept Plan (exhibit III.E. 1 of the Tortolita Vistas Specific Plan) that preserve as much connective high resource value habitat as possible. All slope and drainage treatments will be aesthetically designed and engineered (where necessary) to "naturalize" the built environment. The developer will mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment. The Design Guidelines shall incorporate acceptable standards to address these concerns, prior to scheduling for Town Council consideration. o The developer shall provide for a minimum of two nursery grown trees, Minimum 24-inch box for each dwelling unit, however if available one nursery grown tree may be replaced with a native tree from the property At the time that the local roads and/or disturbed areas are staked, a biologist will be onsite to protect valuable habitat and specimen trees where possible and determine the primary do not disturb areas based on vegetation coverage and habitat. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the 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 appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations Mm Ordinance No. 2004.18 Page 2 of 4 The Developer shall dedicate, or cause to have dedicated, the half right-of-way of 75-feet that is adjacent to the property for Thornydale and Moore Roads, per the Town of Marana adopted major routes plan. 10. A water service agreement and a master water plan must be submitted, by the Developer, and accepted by the Town of Marana Utilities Director and/or Tucson Water prior to the approval of the first plat, by the Town Council. 11. 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 plat by the Town Council. 12. Where applicable view fencing, similar to wrought iron fencing, shall be constructed at the rears of the residential units. 13. The applicant shall add an additional development standard that limits the number of two story homes to a maximum of fifty percent of the project site. 14. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning Commission's consideration of the Preliminary plat. 15. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Pl,an, the report shall provide an update to the current amount of site disturbance. 16. A homeowners association (HOA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the residential areas and open space. 17. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 18. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 19. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100-year water supply designation. Marana Ordinance No. 2004.18 Page 3 of 4 20. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 21. Upon adoption of the ordinance by the Mayor and Council approving the Tortolita Vistas Specific Plan, the applicant shall provide the planning department with the following final Tortolita Vistas Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. Section 4. All Ordinances, Resolutions and Motions 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. 2004.18. Section 5: 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 AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of July, 2004. ATTEST: Mayor BOBBY SUTTON, JR. .~0c-ei'y~: ~"~nson, Toxin Clerk Marana Ordinance No. 2004.18 Page 4 of 4 Exhibit A The East half o_f Section 31, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT the No.rth ~atf of the Northeast Quarter of the Northeast Quarter of said Section; EXCEPT the South 1040 feet of said East half; EXCEPT the North 30 feet lying within Tortolita Road (now known as Moore Road), according to Book 2 of Road Maps page 14, records of Pima County, Arizona; EXCEPT th;~ast 30 feet lying within Thornydale Road as established by instrument recorded in Docket 1064 at page 205, records of Pima County, Ar~.ona;