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HomeMy WebLinkAboutOrdinance 2008.01 Rezoning to create The Shops at Tangerine and I-10 Motorplex within the Tangerine Specific Plan F. ANN RODRIGUEZ, RECORDER DOCKET: 13218 RECOADED BY: CDD 01- P I] PAGE: F PAGES 240 5 DEPUTY RECORDER 1785 PE2 V : NO. O SEQUENCE: 20080060041 V?4 01/09/2008 SMARA 59 11 TOWN OF 14ARANA ORDIN : ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2008.01 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE SHOPS AT TANGERINE AND I- 10 MOTORPLEX AT TANGERINE SPECIFIC PLAN. WHEREAS, Westcor Marana LLC, the property owners of approximately 28 1 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 36, Township I I South, Range I I 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 November 14,2007, 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 January 8, 2008 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Corridor Commerce 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 follows: Section 1. A minor amendment to the General Plan of approximately 281 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 36, Township I I South, Range I r East, changing the GeneraFPFan designatfon from Corridor Commerce to Master Planning Area. Section2. The zoning of approximately 28 1 -acres of land located along the west side of Interstate 10, north of Tangerine Road within a portion of Section 36, Township I I South, Range I I East (the "Rezoning Area"), is hereby changed from the "E" (Transportation Corridor), "B" (Medium Lot) and "C" (Large Lot) zones to "F" (Specific Plan) creating The Shops at Tangerine and I- 10 Motorplex at Tangerine Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for variety of commercial/retail and auto related uses, 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): ?00007510. DOC /) Marana Ordinance No. 2008.01 - I - 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. a. Prior to issuance of a Certificate of Occupancy for up to 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall: • Pay to the Town of Marana the costs for the approved design and construction of the additional Tangerine Farms Road improvements as specified in the letter dated November 14, 2007 from Hunter Contracting Company to the Town of Marana, and as already in design and construction by the Town. • Design and Construct the frontage road and ramp improvements at the existing Tangerine Road interchange, as required by the Town-accepted Kimley Hom Traffic Impact Analysis dated November 24, 2006. • In no event shall the Developer's financial contribution for the above two items exceed $1.5 million. If the construction costs for the above two items exceeds the current estimates, the Town Director of Public Works and the Deputy Town Manager shall have the authority to work with the Developer to determine the reasons for those increases and the funding sources to finance those increases. b. Prior to any Certification of Occupancy issued after the initial 450,000 square feet of commercial/office development and 40 acres of auto mall, the Developer shall commission and pay for a new Traffic Impact Analysis, which shall be approved by the Town, identifying additional traffic improvements that shall be in place. The Developer shall be required to pay its proportionate share of those additional traffic improvements, and may seek appropriate reimbursement for costs advanced through a development agreement with the Town. c. The Town and the Developer may in the future conclude that modification of this condition would be appropriate and beneficial to accommodate future infrastructure conditions, including without limitation the possible construction of a replacement Tangerine Road/1-10 interchange. To that end, this condition may be modified by a development agreement entered into between the Developer and the Town. 3. [Not used - combined with paragraph 2 by Council action.] 4. Change the discussion of Public Art within section VI of the specific plan to state: "Developer agrees to work with Town of Marana with intent to provide a form of Public Art suitable to the Town and Developer. Artwork should reflect the "Southwest" heritage of the area, and should be located so that it is reasonably visible or accessible to the public from a major road, open space area or building entrance." 5. The conceptual development site plan as presented to the Council by the Developer shall be included in the final specific plan document. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 7. 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, {000075 10.DOC /) Marana Ordinance No. 2008.01 -2- 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. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Clark Farms Boulevard with the final block plat or upon request of the Town. Nothing in this condition shall preclude Developer's ability to request reimbursement for the value of such dedication in a separate Development Agreement between the Town and Developer. 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. 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. 12. 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 11 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. 13. Prior to the issuance of a 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. 14. Minor grammar and technical changes as required by the Town of Marana shall be made to The Shops at Tangerine and I- 10 Motorplex. at Tangerine Specific Plan prior to Final copies being copied. 15. The developer shall record an avigation easement with the recording of the final block plat or by separate instrument if a plat is not processed. 16. 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. 17. [Deleted by Council action.] 18. Upon adoption of the ordinance by the Mayor and Council approving The Shops at Tangerine and 1-10 Motorplex at Tangerine Specific Plan, the applicant shall provide the planning department with the following final edition of The Shops at Tangerine and 1-10 Motorplex at Tangerine 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 recordation of the 207 Waiver. 100007510. DOC /) Marana Ordinance No. 2008.01 -3- 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 forrn 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. § 12-1131 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. 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. 2008.01. Section 6. 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 8 1h day of January, 2008. Mayor Ed Honeal ATTEST: OF ?wn CVer! N 0 _4 54N,010h- ?0cel Bronson, To it? OA-**'r,0VkP0R4Tc APPROVED AS TO FORM: %; SEALI R O-P '-** - 1k. SO N Frank Cassidy, Tovffi Attqrney (00007510. DOC /) Marana. Ordinance No. 2008.01 -4- CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2008.01 WESTCOR MARANA LLC, an Arizona limited liability company (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. 2008.01 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-07025, filed on behalf of the Owners, which the Marana Town Council approved with conditions on January 8, 2008 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 M ??'-day of January, 2008. WESTCOR MARANA LLC, an Arizona limited liability company By: THE WESTCOR COMPANY 11 LIMITED PARTNERSHIP, a Delaware limited partnership, its managing member By: MACERICH TWC 11 CORP., a Delaware corporation, general partner BY: Its: STATE OF ARIZONA ss ;J? County of Pima The foregoing instrument was acknowledged before me on January 2008 by ?,r4t(Li- ?Vw-"n--o . the VT -Of MACERICHTWCIICoRPORATION, a Delaware corporation, general partner of THE WESTCOR COMPANY Il LIMITED PARTNERSHIP, a OR Delaware limited partnership, as managing member of W s co limited liability company, on behalf of the LLC. MARANA LLC, an Arizona My commission expires: '0 ?S 01-FiCT' TEALC t YNTHIA Notary Vublk NMARY PUBLIC-ARIZONA r1NA COUN too My Corm Expires Feb 9 2011 tOO007483.DOC /I Rezoning Prop 207 V ,I er Westcor Shops at Tangerine Specific Plan