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Home My WebLink AboutOrdinance 2007.025 Rezoning the uptown at marana specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13182 RECORDED BY: LLW DEPUTY RECORDER 1956 PE2 4 cl 4; PAGE: NO. OF PAGES: SEQUENCE: 2012 6 20072210518 SMARA TOWN OF MARANA *,-4 ORDIN 11/15/2007 16:26 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.50 -i MARANA ORDINANCE NO. 2007.25 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE UPTOWN AT MARANA SPECIFIC PLAN. WHEREAS, JF Properties, Inc. and The Cardon Group, LLC represent the property owners of approximately 205 acres of land located within a portion of Section 21, Township I I South, Range I I 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 July 3 0, 2007, and at said meeting voted 4-2 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 meetings held October 2nd, 16th and November 6d', 2007, and has determined that the rezoning should be approved and meets the criteria for a minor amendment to the General Plan, changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area), 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 205-acres of land located within a portion of Section 2 1, Township I I South, Range 11 East, north of Marana Road, from I-10 west to Sanders Road (the "Property"), changing the land use designation from "MDR" (Medium Density Residential) to "MPA" (Master Planning Area). Section 2. The zoning of the Property is hereby changed from Zone "R-144" (Single family residential, 144,000 square feet minimum) to "F" (Specific Plan) creating the Uptown at Marana Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Property for a master planned community that includes regional and neighborhood commercial, mixed use of commercial and residential, a mix of residential densities and housing types, recreation and 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): (00006437.DOC / 4) Maram Ordiname No. 2007.25 Page I of 4 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. 2. [Deleted.] 3. The Development has voluntarily agreed to enter into a school contribution agreement with the Marana Unified School District providing for a contribution per residential unit to mitigate the effects of the proposed development. 4. The maximum allowable residential units for the project shall not exceed 930. No more than 233 dwelling units utilizing the small lot option of less than 3,500 square feet, but greater than 2,200 square feet intended for single family detached housing products shall be permitted within the project. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 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 Developer shall dedicate, or cause to have dedicated, from the Property, the necessary half-street rights-of-way for Marana Road, Sanders Road, and no more than 1,000 square feet of right-of-way on the Property for a Marana. Road pedestrian connection, and contribute $ 3 00,000. for pedestrian connection improvements or downtown beautification, payable upon issuance of the first grading or building permit on the Property. Developer shall be permitted to landscape and maintain the right-of-way adjacent to the Property in accordance with the Town's standard license agreement. 8. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation- improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1- 10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no certificate of occupancy shall be issued for the Property unless and until completion Marana Main Street from Marana Road to Sandario Road, currently estimated to be .42 miles but in any event shall be no more than .46 miles, measured along the centerline of the road and of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case shall the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for (00006437.DOC / 4) Marana Ordinance No. 2007.25 Page 2 of 4 which the Town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Property. 9. 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 block plat by the Town Council. 10. 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 Town Engineer prior to the approval of the final block plat by the Town Council. 11. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that 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 12. Installation of a non-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 13. If it is determined that such rights exist on the Property and are owned by the Developer at the time of final plat, 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 11 to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type H is needed on the,Property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. 14. All private parks and trails within Uptown at Marana will be developed by the Master Developer, subject to the approval of the Planning Director and the Parks and Recreation Director. The community and neighborhood parks must be identified in subdivision plats with detailed design as part of the landscape plans for those subdivisions. 15. Upon adoption of the ordinance by the Mayor and Council approving the Uptown at Marana Specific Plan, the applicant shall provide the Planning Department with the following final edition of the Uptown at Marana Specific Plan: one hon-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 16. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Uptown at Marana Specific Plan. 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. Development of the Property shall comply with all FEMA requirements, including any that eventually become effective in relation to FEMA's September 17, 2007 draft "Pima County Levee Failure Analysis" floodplain map, which proposes a change in the floodplain designation of an area that includes the Property. 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 1000%437.DOC / 4) Marana Ordinance No. 2W7.25 Page 3 of 4 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 Property, that waives any potential claims against the Town under the Arizona Property 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 Property 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 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. 2007.25. 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. 6'h day of November, 2007. ATTEST: ?cel?yntBro?nson, Town ?Clerk 100006437.DOC 14) PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this Mayor E4 Honea Page 4 of 4 Marana Ordinance No. 2007.25 APPROVED AS TO FORM: EXHIBIT A LEGAL DESCRIPTION FOR UPTOWN AT MARANA SPECIFIC PLAN THAT PORTION OF THE NORTH HALF OF SECTION 21, TOWNSHIP 11 SOUTH, RANGE l I EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DE- SCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 21, BEING-A BRASS CAP IN HAND HOLE, THENCE NORTH 00- 30'58- WEST, ALONG THE WEST LINE OF SAID SECTION 21, TOWARD THE NORTHWEST CORNER OF SAID SECTION 21, BEING A HALF INCH REBAR, A DISTANCE OF 30.00 FEET, THENCE NORTH 39" 21'04- EAST, PARALLEL WITHAND. 30.00 FEET NORTH OF THE EAST-WEST MID-SECTION OF SAID SECTION 21, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, THENCE NORTH 00* 30'53" WEST, ALONG THE EA S T RIGHT-OF-WA Y LINE OF SANDERS ROAD AS SET FORTH IN DOCKET 368, PAGE 7, RECORDS OF PIMA COUNTY, ARIZONA, BEING PARALLEL WITHAND 30.00 FEETEAST OF SAID WEST LINE OF SECTION 21, A DIS- TANCE OF 2606.23 FEET TO THE NORTH LINE OF SAID SECTION 21; THENCE NORTH 39* 19'33"EAST, ALONG SAID NORTH LINE OF SECTION 21, A DISTANCE OF 2612.43 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 89* 22'51"EAST, ALONG SAID NORTH LINE OF SECTION 21, A-DISTANCE OF 165.02 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF- WAY LINE OF INTERSTATE 10 (ALSO KNOWN AS THE CASA GRANDE TUCSON HIGHWAY), AS CONVEYED TO THE STATE OFARIZONA BY DEED RECORDED IN DOCKET 1934, PAGE 496, RECORDS OF PIMA COUNTY, ARIZONA AND AS SHOWN ON THOSE CERTAIN A. D. 0. T PLANS DATED SEPTEMBER, 6,1960, PROJECT NO. 1-10-4 (26) 231; THENCE SOUTH 50* 29'00" EAST, ALONG SAID RIGHT-OF-WAY LINE, 759.92 FEET, THENCE SOUTH 46* 57'59" EAST, ALONG SAID RIGHT-OF-WAY LINE, 299.73 FEET THENCE SOUTH 000 25'.40"EAST, PARALLEL WITHAND 1680.00, FEET WEST OF THE EAST LINE OF SAID SECTION 21, A DISTANCE OF 19tO. 15 FEET, THENCE SOUTH 890 21' 04"WEST, ALONG THE. NORTH RIGHT-OF-WAY LINE OF MARANA ROAD AS SET FORTH BY PIMA COUNTY ESTABLISHMENT NO. 114, BEING PARALLEL WITH AND 30. 00 FEET NORTH OF SAID EAST-WEST MIDSECTION LINE OF SEC TA)N 2 1, A DISTANCE OF 3573.59 FEET TO THE POIN T OF BEGINNING. (THE PARCEL DESCRIBED ABOVE CONTAINS 207.75 ACRES', MORE OR LESS) CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.25 515-MARANA, LLC, an Arizona corporation, owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.25 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06099, filed on behalf of the Owners, which the Marana Town Council approved with conditions on November 6, 2007 by passing the Rezoning Ordinance. 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 in value 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 1 41 By: 515-MARANA Limited Liabi * Corr By: A STATE OF ARIZONA ss COUNTY OF MARICOPA) dayof 0j)yrMp- ,)srL, 2007. an Arizona its managing member The foregoing instrument was acknowledged before me on bL\J 1 -5 2007 by 111"01 'Mos , the managing member of 515-Marana, LLC, an Arizona eimvited Liability Corporation, on behalf of the LLC. it My commission expires:_ - i Jus NotGrY PublIC, StOte of Arizono Maricopa County my commission Explies September 14, 2010 N otary Public 3 T,9 iij Uptown at Marana - 207 Waiver 11.06.07 F. ANN RODRIGUEZ, RECORDER DOCKET: 13193 RECORDED BY: CDD ov- P1 4 PAGE: GES 1330 5 DEPUTY RECORDER V : NO. OF PA SEQUENCE: 20072320344 1785 PE2 *:4 12/03/2007 SMARA ; CONSEN 15:02 TOWN OF MARANA ATTN: TOWN CLERK 1Z 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. 2007.25 Boa Sorte Limited Partnership, an Arizona limited partnership, Rio Claro, Inc. an Arizona Corporation, Charlesview, LLC, an Arizona limited liability company, SPG-HM, LLLP, an Arizona limited liability limited partnership, SPG-Wheatley, LLLP, an Arizona limited liability limited partnership, KLW Investments, LLLP, an Arizona limited liability limited partnership, and, SPG-3417, LLLP, an Arizona limited liability limited partnership owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.25 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06099, filed on behalf of the Owners, which the Marana Town Council approved with conditions on November 6, 2007 by passing the Rezoning Ordinance. 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 in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the ftiture 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 I ? day of Meyt*%6y 2007. Boa Sorte united Partnership, an Arizona limited partnership By: Bo orte, its general partner By: Wilford R tVdQaMaaager Rio Claro, Inc. an Arizo Corpo . on ?O By: Wilford R CA??ident Ch an Arizona limited liability company By: Wilford R-GauluD, Manager SPG-HM, LLLP, an Arizona limited liability limited partnership By: Strategic Partners Group, L.L.C., an Arizona limited liability company Its: By: Wilford R ""??anager SPG-Wheatley, LLLP, an Arizona limited liability limited partnership By: Strategic Partners Group, L.L.C., an Arizona limited liability company Its: gen4erpartne B 'il y: Wilford R Car o ?anage?r??? KLW Investments, LLLP, an Arizona limited liability limited partnership By: Fogo LLC, an Arizona limited liability company Its: General Partner By: Binghampton LLC, an Arizona limited liability company Its: M4anr,? _"G?n ?Mager By: Wilford R SPG-3417, LLLP, an Arizona limited liability limited partnership By: SPG Partners, LLLP, an Arizona limited liability limited partnership Its: general partner By: Strategic Partners Group, L.L.C., an Arizona limited liability company Its: geno part?ff By: Wilford R ??anager 2. Uptown at Marana - 207 Waiver 1106 07 STATE OF ARIZONA ) ss COUNTY OF MARICOPA) The foregoing instru ent was acknowledged before me on / 3 -, 2007 by wv&i R - 914 the manager of Boa Sorte Limited Partnership, an Arizona limited partnership. Notary Public My ission expires: = 2 j &.0 'y 0 STATE OF ARIZONA ) ss COUNTY OF MARICOPA) OFFICIAL SEAL 0 LINDA L. BOOTH L NOTARY PUBLIC -ARIZONA D 1912 M U T MARICOPA COU NTY y Comm. Expires Aug. 29, 2009 The foregoing instrument was acknowledged before me on 111d",,,&A 13 _, 2007 by _Qorgoration tu&7 the President of Rio Claro I an Arizona. C Notary Public My co mission expires: X a Zoo 0 STATE OF ARIZONA ) ss COUNTY OF MARICOPA) OFFICIAL SEAL ? BOOTH LINDA L T . NOTARY PUBLIC - ARIZONA MARICOPA COUNTY y Comm. Expires Aug. 29, 2009 The fore olyn instrtiment was acknowledged before me on 2007 by RM RK the manager of Charlesview, LLC, an Arizona limited liability company. Notary Public My Mission expires: zj lod 4) 0 OFFICIAL SEAL I - INDA L. BOOTH 0 NOTARY PUBLIC - ARIZONA VIARICOPA COUNTY *MY COMM. Expires Aug, 29, 2009 Uptown at Marana - 207 Waiver 1106 07 STATE OF ARIZONA ) ss COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me on 1Ja wt*,_? / & _, 2007 by Im / 4w& P. dMe4w the manager of SPG-HM, LLLP, an Arizona limited liability limited partnership. L-2 Notary Public My commission expires: j2z?'j ?I Z004 V I STATE OF ARIZONA ) ss COUNTY OF MARICOPA) OFF1 1AL SEAL LINDA BOOTH NOTARY PUBLIC -ARIZONA MARICOPA COUNTY @my Comm. Expires Aug. 29, 2009 3 _, 2007 by The foregoing instrument was acknowledged before me on ? /_ PVI 194-d oArO6111 -, the manager of SPG-Vvlheatfe-y, LLLP, an Arizona limited liability limited partnership. Notary Public My ssion expires: STATEOF ARIZONA ) ss COUNTY OF MARICOPA) ES 01`6i?7AL'SEAL LINDA BOOTH C U TY L L SL ?TH 009 L NOTARY PUBLIC - ARIZONA 'es ug 9] MARICOPA C70UNTY 9 .2 My Comm. Expires Aug. 29, 2009 The foregoing instrument was acknowledged before me on 13 -, 2007 by Aj'_&fV Z L40?41`7 , the manager of KLW Investments, LLLP, an Arizona limited liability limited partnership. Notary Public My commission expires: FFICIAL SEAL _'7 P C LINDA L. BOOTH PUS -C A M C? U TH TY 9 009 L S NOTARY PUBUC - ARIZONA L RIZONA] ARICOPA COUNTY :N 1917. NAv Com,m. Expires Aug. 29,2009 Uptown at Marana - 207 Waiver 1106 07 STATE OF ARIZONA ) ss COUNTY OF MARICOPA) ,%oing 2007 by The fore instrume% was acknowledged before me on -3417, LLLP, an Arizona limited liability the manager of SPG limited partnership. Notary Public My cornZission expires: 19-90q i-INDA L KOTH OT R N A Y PUBUC - ARIZONA 1 2 MY MARICOPA COUNTY COMM . Expires Aug. 29, 2009 Uptown at Marana - 207 Waiver 11 06 07