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HomeMy WebLinkAboutOrdinance 2007.027 Rezoning the DeAnza specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13155 1510 RECORDED BY: NMB R OY- P1 90 PAGE: NO. OF PAGES: 5 DEPUTY RECORDE 1134 AS2 SEQUENCE: 20071940399 10/05/2007 SMARA ORDIN 15:36 TOWN OF 14ARANA ATTN: TOWN CLERK 1z 11555 W CIVIC CENTER DR MAIL PAID 00 $ 8 MARANA AZ 85653 AMOUNT . MARANA ORDINANCE NO. 2007.27 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE DEANZA SPECIFIC PLAN. WHEREAS, Red Point Development represents the property owners of approximately 133 acres of land located within a portion of Sections 26 and 23, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on August 29, 2007, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended 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 October 2, 2007 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation ftorn "C" (Large Lot) to "F" (Specific Plan), and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 133-acres of land located within a portion of Sections 26 and 23, Township 12 South, Range 12 East, about a quarter mile north of the Cortaro Farms Road, on the west side of Hartman Lane (the "Rezoning Area"), changing the land use designation from "C" (Large Lot) to "F" (Specific Plan). Section 2. The zoning of approximately 113 acres of land located within a portion of Sections 26 and 23, Township 12 South, Range 12 East, about a quarter mile north of Cortaro Farms Road, on the west side of Hartman Lane (the "Rezoning Area"), is hereby changed from Zone "A" (Small Lot Zone) to "F" (Specific Plan) creating the DeAnza Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family housing, 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): 1. 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. Maram Ordimnce No. 2007.27 Page I of 4 2. The project shall maintain a minimum of 44 percent of the site as open space/drainage as depicted in the tentative development plan. Approximately 31 percent of the site shall be delineated'as Natural Undisturbed Open Space, which with the approval of the Planning Director may be enhanced by adding additional native vegetation or removing non-native plants or remove trash. Approximately nine percent of the site shall consist ofpassive/active park/recreation areas, with approximately four percent allowed for the development of the necessary interceptor channel. 3. The rezoning is valid for five years from the date of Town Council approval. If the developer fails to have a final subdivision plat recorded prior to the five years, the Town may initiate the necessary action to revert the property to the previous zoning (C - Large Lot) upon action by the Town Council. 4. Upon demand by the Town the developer shall dedicate or cause to have dedicated (within 90 days) the necessary rights-of-way for Hartman Lane, per the Town of Marana adopted Major Routes Right-of-Way plan. 5. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the responsible engineer prior to the approval of the final plat. 6. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 7. The subject rezoning site shall be limited to a maximum of 31 1-lots. 8. A copy of the approval 404 permit shall be provided to the Town of Marana prior to any allowable site disturbance. 9. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 10. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final plat. 11. The property owner shall transfer with the final plat, by the appropriate Arizona Department 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 II is 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. 12. Minor grammatical and illustrative changes per the Planning Directors directive shall be made to the document prior to final acceptance of the document. 13. The developer has agreed to voluntarily contribute $1200 per dwelling unit to mitigate the effects of the proposed development on the Marana Unified School District. Fees are to be collected at time of building permit issuance. Marana Ordinance No. 2007.27 Page 2 of 4 14. This project is located within the Marana's South Transportation and Parks/Recreational Benefit Areas and will be subject to those fees at time of building permit issuance. 15. Upon adoption of the ordinance by the Mayor and Council approving the DeAnza Specific Plan, the applicant shall provide the planning department with the following final e ' dition of the DeAnza Specific Plan: one non-bourid original; forty bound copies; and, one digital. copy in Microsoft Word or other acceptable format, within sixty days of the recordation of the ordinance. 16. Covenants, codes and restrictions will be established for this project with a homeowner's association established to manage the open space areas, private streets and any undeveloped areas and submitted with the final plat. 17. The Master Developer shall submit an annual report 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. 18. A native plant permit (waiver not acceptable) for all disturbed area must be obtained prior to any allowable site disturbance. 19. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 20. The applicant shall provide a public equestrian easement through the Hardy Wash, as accepted by the Planning Director and the Town Engineer. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-113 1 et seq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Mot ions 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. 2007.27. Section6. 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 Ordinance No. 2007.27 Page 3 of 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of October, 2007. ATTEST: C. Vonson, iown Clerk AS TO FORM: ?,-T?Nvn Attom94 "OF A4 4,e *,A 0*-*:*CQRP0R4 F- I rt SEAL WE % -v vwj, zI Mayor EE Honea Maram Ordi=ce No. 2007.27 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION FOR DeANZA SPECIFIC PLAN PARCEL 1: That portion of the Northeast quarter of the Northwest quarter Of Section 26, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County. Arizona, lying Northeasterly of the Northeasterly line of the Property described in Deed recorded in Docket 2418 at Page 72, records of Pima County, Arizona, EXCEPT the North 45 feel, thereof. PARCEL 2: That portion of the Northwest quarter of the Northwest quarter of Section 26, Township 12 South, Range 12 East. Gila and Salt River Base and Meridian, Pima County, Arizona, Ving Northeasterly of the Northeasterly line of the property described in Deed recorded in Docket 2336 at Page 82, records of Pima County, Arizona, EXCEPT the North 45 feet thereof. PARCEL 3: An easement for ingress, egress and utilities across those portions of Section 23, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. described as follows: The North 30 feet of the North half of the Southeast quarter; The South 30 feet of the Southeast quarter of the Northwest quarter, The East 30 feet and the West 30 feet of the North 30 feet of the Northeast quarter of the Southwest quarter, The East 30 feet of the Northwest quarter of the Southwest quarter; The North 30 feet of the Northeast quarter of the Southwest quarter of the Southwest quarter; The East 15 feet of the West half of the Northeast quarter of the Southwest quarter of the Southwest quarter, The West 15 feet of the East half of the Northeast quarter of the Southwest quarter of the Southwest quarter, The West 15 feet of the Northeast quarter of the Southeast quarter of the Southwest quarter of the Southwest quarter The East 15 feet of the West half of the Southeast quarter of the Southwest quarter of the Southwest quarter and the West 15 feet of the Southeast quarter of the Southeast quarter of the Southwest quarter of the Southwest quarter. PARCEL 4: The Southeast quarter of the Southeast quarter of Section 23 Township 12 South Range 12 East, Gila and Salt River Bose ond Meridian, Pima County, Arizono; PARCEL 5: The Northeast quarter of the Northeast quarter of Section 26 Township 12 South Range 12 East', Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPTING THEREFROM that portion of real property conveyed to the Town of Marano in Docket 11476 page 459. PARCEL 6: The East half of the North half of the Northwest quarter of the Northeast quarter of Section 26. Township 12 South, Range 12 East, Gila and Solt River Base and Meridian, Pima County, Wizono. TOGETHER WITH an easement for ingress, egress and utilities. over, under upon and across the West 30 feet of the Southwest quarter of the Southeast Quarter of Section 23, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian. Pima County, Arizona. AND TOGETHER WITH an easement for ingress, egress and utilities. over, under, upon and across the North 30 feet of the West half of the North half of the Northwest quarter of the Northeast quarter of Section 26, Town ' ship 12 South, Range 12 East, Gila and Salt River Base and Meridian. Pima County, Arizona. PARCEL 7. The West half of the North half of the Northwest quarter of the Northeast quarter of Section 26. Township 12 South, Range 12 East. Gila and Soft River Base and Meridian, Pima County, Arizona, TOGETHER WITH an easement for ingress, egress and utilities over, under, upon and across the West 30 feet of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 23, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. RESERNANG unto the Grantor an easement for ingress, egress and utilities over the North 30 feet of captioned property. F. ANN RODRIGUEZ, RECORDER DOCKET: 13178 P2CORDED BY: JCC PAGE: 839 DEPUTY RECORDER 0305 PEI Or P1 NO. OF PAGES: SEQUENCE: 2 20072170318 SMARA 11/08/2007 TOWN OF MARANA CONSEN 14:03 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007..27 KAI - HARTMAN LANE PROPERTY, L.L.C., an Arizona limited liability company, and FIDELITY NATIONAL TITLE CoNvANY, INC., an Arizona corporation, as trustee under Trust Nos. 60,104 and 30,199 (collectively, the - "Owners") own the land referred to in this instrument as the "Property," which is particularly described in ExhibitA attached to Marana Ordinance No. 2007.27 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-05113, filed on behalf of the Owners, which the Marana Town Council approved with conditions on October 2, 2007 by passing the Rezoning Ofdinance. The Owners hereby agree and consent to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution invalue pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to. successors in interest of the Property, who shall also be bound by it. Dated this 464 day of October, 2007. KAI - HARTMAN LANE PROPERTY, L.L.C., an Arizona limited liability company Herbert Kai, Managing Partner FIDELITY NATIONAL TITLE COMPANY, INC., an Arizona corporation, as trustee under Trust No. 104 only and not in its .te ac, corpora ity Martha L. Hill, Trust Officer 3t FIDELITY NATIONAL TITLE CowANY, INc., an Arizona corporation, as trustee under TrustNo. 0,199onlyandnotinits corp r capacity B (: ';?' Martha L. Hill, Trust Officer STATE OF ARIZONA ss County of Pima The foregoing instrument was acknowledged before me on October 4 _44, 2007 by Herbert Kai, the Managing Partner of KAI - HARTMAN LANE PROPERTY, L.L.C., an Arizona limited liability company, on behalf of the LLC. I My commission expires: $otary Public IFFICIAL SEAL LA RA ..MARTINEZ N07 A N? iPUBLIG -STATE OF ARIZONA PIMA COUNTY My Comm. Expires June 1, 2009 STATE OF ARIZONA ) SS Im County of Pima The foregoing instrument was acknowledged before me on Q;;;;? 2007 by Martha L. Hill, Trust Officer of FIDELITY NATIONAL TITLE CoNwAw, INc., an Arizona corporation, as trustee n it t under Trust Nos. 60,104 and 30,1 99 only and not i My commission expires: wo 9 1 STATE OF ARIZONA SS County of Pima ?'/ / ()?c,CiA.L. SCAL DORO-THY KESTOL t4otw-j VIUC'i,L state of Arizona pIN/%A COUNTY My C0?71fr? EAp,,L5 ?eb? 14,2009 The foregoing instrument was acknowledged befor Leung, beneficiary of FIDELITY NATIONAL TITLE Cc My commission expires: t?ll 4, GI (00006614.DOC /) Rezoning Prop 207 Waiver DeAnza Specific Plan