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HomeMy WebLinkAboutOrdinance 2008.03 Rezoning for Gladden Farms Blocks 14, 15 and 25F. ANN RODRIGUEZ, RECORDER DOCKET: 13263 RECORDED BY: JCC DEPUTY RECORDER of PI ~ PAGE: 1369 0305 PE2 ~ ~~ O NO. OF PAGES: 5 ~~II ff, SEQUENCE: 20080510325 TOW ~.r~ " y 03/14/2008 N OF MARANA ~~ \ ORDIN 14:29 ATTN: TOWN CLERK gRIZU1'~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0.2008.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR GLADDEN FARMS BLOCKS 14, 15, & 25. WHEREAS, Gladden Forest L.L.C. is the property owner of approximately 54.2 acres located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive within a portion of Section 34 Township 11 South, Range 11 East; and, WHEREAS, the subject property consists of Blocks 14 and 15 of the subdivision "Gladden Farms Block 13, 14, and 15" recorded in the Pima County Recorder's Office at Book 59 of maps and plats, Page 31, and those portions of the subdivision "Gladden Farms" recorded in the Pima County Recorder's office at Book 55 of maps and plats, Page 60, that are legally described on "Exhibit One"; and, WHEREAS, the Marana Planning Commission held a public hearing on December 19, 2007, and at said meeting voted unanimously 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 January 22, 2008, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The rezoning of approximately 54.2 acres of land as described below is located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive complies with the General Plan. a~ Section 2. The rezoning area is hereby changed from VC (Village Commercial) to R-3.5 (Single Family Residential, 3,500 square foot minimum lot size) on 19.7 acres in Block 14, R-8 (Single Family Residential, 8,000 square foot minimum lot size) to R-3.5 (Single Family Residential, 3,500 ~~ square foot minimum lot size) on 14.9 acres in Block 15, and R- 8 (Single Family Residential, 8,000 square foot minimum lot size) to VC (Village Commercial) on 19.6 acres in Block 25 located to the ~;.i south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive "w~~ Section 3. 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. Page 1 of 2 2. A water service agreement is required with the Town of Marana prior to approval of water plans and prior to approval of the development plan. 3. No vehicular access will be allowed to Heritage Park Drive for Blocks 14 and 15. 4. A sidewalk, or pedestrian trail, as accepted by the Town of Marana will be provided within Blocks 14 and 15, connecting the existing sidewalk at the western boundary of the public Gladden Farms Community Park.. The new sidewalk or pedestrian trail shall be routed to discourage pedestrian use of the existing paved roadway within the Marana Heritage Park. 5. A community pool facility, owned and maintained by the Homeowner's Association, shall be provided within Block 14 or 15. 6. A landscaped buffer area shall be provided at the northwest corner of Block 14, and along the western boundary of Block 14, adjacent to Heritage Park Road, as accepted by the Town. 7. The Town shall grant an access easement of appropriate width from the Tangerine Farms Road / Lon Adams Road intersection to the western boundary of Block 25. 8. The developer of Block 25 shall dedicate a minimum of three acres to the Town, contiguous to the Town's Marana Heritage Park property. This area may be improved and utilized for open space, recreational, drainage, or trail purposes 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. § 12-1131 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, as of the effective date of Ordinance No. 2008.03. 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 22"d day of January, 08. Ed onea, Mayor Page 2 of 3 SEt~L =' - ~~' ~, q uu-a~`„~ w ~l s~..Ai2_ ~9.~ee ,l. ;v ,u, ~~ ~Frn~~ ~~5~ as ~' d ~piiPORATE a ~ ~.'e~ ~ i. EST: Gj elyn C. ronson, Town Clerk CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2008.03 GLADDEN FOREST, L.L.C., an Arizona limited liability company (the "Owner") owns Blocks 14 and 15 of the subdivision "Gladden Farms Block 13, 14, 15" recorded in the Pima County Recorder's office at Book 59 of maps and plats, Page 31, which are collectively referred to in this instrument as the "Property." The Property is a portion of the land which is the subject of Town of Marana rezoning case number PCZ-07116, which the Marana Town Council approved with conditions on January 22, 2008 by passing Marana Ordinance No. 2008.03 (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 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 Owner 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 l2 ~y of February, 2008. GLADDEN FOREST, L.L.C., an Arizona limited liability company By: FOREST CITY LAND GROUP, INC., an Ohio corporation, its managing member B Dean Wingert, Senior lce Presl ent STATE OF ARIZONA ' SS County of~~ m ><? ) 1i, The foregoing instrument was acknowledged before me on February J~~2008 by Dean Wingert, ~~ ~~~ the Senior Vice President of FOREST CITY LAND GROUP, INC., an Ohio corporation, as managing member of GLADDEN FOREST L.L.C., an Arizona limited liability company, on behalf of the "~ LLC. ~/~ _ i'~l My commission expires: [..(~ (~0 ~ e ~ ~ ~~~~ ~2 ~ ~ Jam, Z~q KELLY PENUEu~; °~~ Notary is - Arizo~':~~' ' 1~ ; PMM OOUNTY , vnplM11ig10R Expires DER 1 S, 2009 {00007834.DOC / 3} GLADDEN FoxES'r, L.L.C. Gladden 14, 15 and 25 Rezoning Prop 207 Waiver CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2008.03 GLADDEN 25, L.L.C., an Arizona limited liability company (the "Owner") owns those portions of the subdivision "Gladden Farms" recorded in the Pima County Recorder's office at Book 55 of maps and plats, Page 60, that are legally described on "Exhibit One" attached to and incorporated by this reference in this instrument, all of which land is collectively referred to in this instrument as the "Property." The Property is a portion of the land which is the subject of Town of Marana rezoning case number PCZ-07116, which the Marana Town Council approved with conditions on January 22, 2008 by passing Marana Ordinance No. 2008.03 (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 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 Owner 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 ~ day of February, 2008. GLADDEN 25, L.L.C., an Arizona limited liability company By: ASPEN ENTERPRISES, L.L.C., an Arizona limited liability company, its manager By: D.L. MEYERS, INC., an Arizona c n, ' z ager By: Donald L. Meyers, President STATE OF ARIZONA ss County of Mari c.o~ ) The foregoing instrument was acknowledged before me on February Z~ , 2008 by Donald L. Meyers, the President of D.L. MEYERS, INC., an Arizona corporation, as manager of ASPEN ENTERPRISES, L.L.C., an Arizona limited liability company, as manager of GLADDEN 25, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public VIRGI~!!A K. LAMOFlEAUX NOTARY PUELIC -ARIZONA MARICOHA COUNTY {00007988.DOC /} , } My Commission Expires GLADDEN 25, L.L.c. - Januar 29 2009 Gladden 14, 15 and 25 Rezoning Prop 207 Waiver -- :~.. .1. . . Escrow No. 6001 901 6-LQ Title Order No. 60019018 EXHIBIT ONE Parcel 1: Block 25 of Gladden Farms, according to the map recorded In Book 55 of Maps, Page 60, records of Pima County, Arizona. Parcel 2: That portion of Block A of Gladden Farms Blocks 1 thru 25 and A thru F, a subdivision of Pima County, Arizona, recorded in Book 55 of Maps and Plats at page 60, records of the Pima County Recorder, described as follows: Beginning at the most easterly corner of said Block A; Thence South 89 ° 22 '30"West 1047.73 feet upon the south line of the easterly portion of said Block A; Thence North 68°24 `26"West 303.73 feet to a point of cusp on the north line of said easterly portion of Block A, said north line being the arc of a tangent curve concave northerly, the radius point of said curve bears North 21.35 '34"East; Thence easterly upon said north line and upon said arc, to the left, hav[ng a radius of 200.00 feet and a central angle of 22.13 '04",for an arc distance of 77.56 feet to a tangent line; Thence North 89°22 '30"East 1045.82 feet upon said north line to the east line of said Block A, being also the southwest right of way Nne of Tangerine Farms Road as shown on the plat of said Gladden Farms, said line being the arc of anon-tangent curve concave northeasterly, the radius point of said curare bears North 28°32 '19"East; Thence southeasterly upon said east tine, upon said right of way line and upon said arc, to the left, having a radius of 1925.00 feet and a central angle of 6° 51 '33",for an arc distance of 230.45 feet to the Point of Beginning.