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Home My WebLink AboutOrdinance 2007.028 Rezoning Camino de Manana PropertiesF. ANN RODRIGUEZ, RECORDER DOCKET: 13186 RECORDED BY: CKB PAGE: 2145 DEPUTY RECORDER 8046 PE1 P1 V NO. OF PAGES: SEQUENCE: 6 20072250408 11/21/2007 S14ARA ORDIN 15:15 TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2007.28 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR CAMINO DE MANANA PROPERTIES. WHEREAS, ABIG Manana, L.L.C. is the property owner of approximately 29.6 acres located on the eastside of Camino De Mariana approximately 1. 5 miles south of Tangerine Road in a portion of Section 12, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Marana Planning Commission held a public hearing on October 3, 2007, and at said meeting voted 3 -1 to recommend that the Town Council approve said rezoning; 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 November 6, 2007, and have determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. The rezoning of approximately 29.6 acres of land as described below is located on the eastside of Camino De Manana approximately 1.5 miles south of Tangerine Road complies with the General Plan. Section 2. The rezoning area is hereby changed from "C" (large lot zone) to "R-36" (single family residential 36,000 square foot minimum lot area) on the 29.6 acres of land located on the eastside of Camino De Manana approximately 1.5 miles south of Tangerine Road. Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family detached homes on large lots. This rezoning is 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 provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The property owner shall not cause any lot split of any kind without written authorization from the Town of Marana. 3. The developer shall have completed or shall provide evidence to the Town's satisfaction that the developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service prior to approval of the final plat. Pagel of3 4. Archaeological surface inspection shall be conducted and have clearance provided prior to any ground disturbing activities - 5. The subject rezoning site shall be limited to a gross site disturbance of 30 percent. On-site roadways, building envelopes and all existing/proposed utility easements will be counted as disturbance. Building envelopes will be established in the platting process. Septic systems, utilities and walls will be incorporated inside the building envelopes. 6. This project is subject to the adopted fees associated with the Marana Parks and Recreational Benefit Area. 7. The applicant volunteers to a $1,200 per dwelling unit contribution to the Marana Unified School District. 8. 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. 9. A Native Plant Permit utilizing the plant inventory method shall be required for all disturbed areas prior to any site disturbance. 10. Minimum building envelope square footage for each lot in the proposed subdivision will be agreed upon by the Planning Department and the Town Engineer. 11. A 15 foot wide Potvin Trail easement will be provided with improvements of a 6 foot wide decomposed granite trail built by the developers to Town of Marana standards. 12. At a minimum, the developer will provide 40 foot of landscaped open space along the east plat boundary. 13. Buildings on proposed lots 55, 56, 57, 61, 62, 63, 74 and 75 of the tentative plat as depicted in the rezoning site analysis will be restricted to one story with a maximum height of 20 feet. 14. All on-site utilities will be placed underground. 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 3 Rights Protection Act (A.R.S. § 12-1131 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. J. Section 5. 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, as of the effective date of Ordinance No. 2007.28. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any Page 2 of 3 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 ofthe Town of Marana, Arizona, this 6'h day of November, 2007. ATTEST: ??4tron I elyn C ?ronson, Town Clerk Mayor Ed Honea S'ORA.?,E 61'?I 2 Page 3 of 3 APPROVED AS TO FORM: Floerchinimr - Sadler - Steele - Baker INCORPORATED architecture - civil engineering - planning EXHIBIT A LEGAL DESCRIPTION For Rezoning of Camino de Mariana Properties A parcel of land located in Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, more particularly described as follows: Commencing at the North one-quarter comer of said Section 12; Thence S 00' 05'41 " E along the North-South line of said Section 12, a distance of 1318.50 feet; Thence S 00' 05' 19" E along said North-South line, a distance of 659.46 feet to the TRUE POINT OF BEGINNING; Thence S 00' 02' 24" E along said North-South line, a distance of 659.31 feet to the center post of said Section 12; Thence S 89' 57'26" W along the East-West line of said Section 12, a distance of 1320.22 feet; Thence N 00' 00'03" E, a distance of 659.40 feet; Thence N 89' 57'41 " E, a distance of 1319.68 feet to the TRUE POINT OF BEGINNING. Together with; A parcel of land located in Section 12, Township 12 South, Range 12 East, Gila and Salt River Meridian, Town of Marana, Pima County, Arizona, more particularly described as follows: Commencing at the North one-quarter comer of said Section 12; Thence S 00' 05'41 " E along the North-South line of said Section 12, a distance of 1318.50 feet; Thence S 00' 05' 19" E along said North-South line, a distance of 659.46 feet; Thence S 00' 02' 24" E along said North-South line, a distance of 659.31 feet to the center post of said Section 12; Tucson Main Office: 326 south convent tueson arizona 85701 (520) 628-4144 fax (520) 628-1375 Phoenix Office: 5702 east shea boulevard scottsdale arizona 85254 Legal Description, continued, Thence S 89' 57' 26" W along the East-West line of said Section 12, a distance of 1320.22 feet to the TRUE POINT OF BEGINNING; Thence continue S 89' 57'26" W along said East-West line, a distance of 704.65 feet to a point on the easterly right-of-way line of Camino de Manana; Thence N 21' 2932" E along said right-of-way line, a distance of 708.92 feet; Thence N 89' 5 7' 41 " E, a distance of 444.93 feet; Thence S 00' 00'03" W, a distance of 659.40 feet to the TRUE POINT OF BEGINNING. CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.28 FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust Nos. 60,175 only and not in its corporate capacity (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.28 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-0701 1, filed on behalf of the Owner, which the Marana Town Council approved with conditions on November 6, 2007 by passing the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives any right sat'on for diminution in value pursuant to Arizona Revised Statutes § 12-11 34 that to compen i I I may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owiier also consents 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,/_704-day of November, 2007. FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60, P?only and not in its corporate capacity Martha L. Hill, Trust Officer APPROVED: ABIG MANANA, L.L.C., an Arizona limited liability company, beneficiary of FIDELITY Trust No. 60,175 By: INLAND VENTUREs, L.L.C., an Arizona limited liability company, its managing member _,z') OFFICIALSEAL - LL LJRA E. MARTIN i brams, its managing member STATE OF ARIZONA NOTARY PUBLIC -STATE OF ARIZO ss PIMA COUNTY County of Pima & My Comm. Expires June 1, 2009 The foregoing instrument was acknowledged before me on November gt? 2007 by Martha L. Hill, Trust Officer of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust Nos. 60,175 only and not in its corporatVapacity. v 0 7a, My commission expires: Notary Pu _J 01 2 ? 00006 9 5 1. DOC /) Camino de Mahana Properties - Prop 207 Waiver