HomeMy WebLinkAboutOrdinance 2005.10 Rezoning near Tangerine Rd and East of Breakers Rd
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: SGP
DEPUTY RECORDER
1456 PEl
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET: 12571
PAGE: 2709
NO. OF PAGES: 5
SEQUENCE: 20051120589
06/10/2005
ORDIN 15:57
MAIL
AMOUNT PAID $ 8.00
RE-RECORD DUE TO SCRIVENER'S ERROR
Marana Ordinance No. 2005.10 is being re-recorded due to a
scrivener's error. Exhibit A was unintentionally left out when the
ordinance was originally recorded at Docket 12525 Page 1457; it is
being re-recorded for the sole purpose of including Exhibit A.
SECTION 1 OF ORDINANCE 2005.10
IS:
Include the language: "as depicted on Exhibit "A" attached hereto and
incorporated herein by this reference,"
WAS:
Omitted due to Scrivener's Error
EXHIBIT A
IS
Included
Was
Omitted due to Scrivener's Error
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F. ANN RODRIGUEZ, ~ORDER
REC,oRDED BY: J_V,,_
DEPUTY RECORDE1?
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 12525
PAGE: 1457
NO. OF PAGES: 3
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04/06/2005
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AMOUNT PAID
$
8.00
TOWN OF MARANA
ORDINANCE NO. 2005.10
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Adopted by C,olJn~'i-'i1 21 ~ooS
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MARANA ORDINANCE NO. 2005.10
RELA TING TO DEVELOPMENT; APPROVING A REZONING OF 20 ACRES OF LAND
FROM ZONE "C" TO ZONE "HI" SOUTH OF TANGERINE ROAD AND EAST OF
BREAKERS ROAD,
WHEREAS, The Planning Center represents the property owners of approximately 20-acres
ofland located within a portion of Section 5, Township 12 South, Range 12 East; and,
WHEREAS, the Marana Planning Commission held a public hearing on January 26, 2005,
and at said meeting voted 6-0 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 April 5, 2005 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 zoning of approximately 20-acres of land generally located 1300 feet south of
Tangerine Road and 660 feet east of Breakers Road easement (rezoning areaJ, within a portion of :!!
Section 5, Township 12 South, Range 12 East is hereby changed from "c" (Large Lot Zone) to "HI" .!;;:~
(Heavy Industrial). . b h . f :1,
as depicted on Exhibit A attached to and incorporated hereln y t lS re erencc
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Section 2. The purpose ofthis rezoning is to allow the use of the rezoning area for landscaping and .;;:
contractor yards, 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 t
cause a reversion of this rezoning ordinance):
1. The property owner shall comply with all 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. Prior to the Town's issuance of a certificate of occupancy for any structure within the
rezoning area, the property owner shall construct a new 24 foot wide paved roadway with a
structural cross-section acceptable to the Town Engineer in what is commonly known as the
Breakers Road easement from Tangerine Road to the east/west lateral access point for the
proposed project (a distance of approximately 1300 linear feet). The property owner shall
maintain the section of roadway constructed by the property owner to standards generally
consistent with those for public roadways. If an improvement district is formed by the Town
for the construction or improvement of a public roadway in the Breakers Road easement, the
property owner shall not protest the formation ofthe improvement district, and the property
{OOOOO644.DOC f} Marana Ordinance No. 2005.10
Page 1 of 2
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owner's fair share contribution to the improvement district shall be credited to the extent of
the permanent Breaker's Road improvements constructed by the property owner.
3. The property owner shall construct the east/west lateral access off the Breakers Road
easement. These improvements shall be made in a manner acceptable to the Development
Services Administrator.
4. This rezoning is valid for three years from the date of Town Council approval; if the
developer fails to have a development plan or plat recorded prior to the three years the Town
may initiate the necessary action to revert the property to the original zoning, upon action by
the Town Council.
5. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Mar ana.
6. Prior to issuance of a Certificate of Occupancy for any use on the property, 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 as accepted by the Town.
7. Development of this project shall comply with the conditions set forth in the Native Plant
Permit approval letter dated December 21, 200 I.
8. No approval, permit or authorization by the Town of Maran a authorizes the applicant and/or
the land owner to violate any federal or state laws or regulations, or relieves the applicant
and/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. The applicant is advised to retain appropriate expert and/or consult with the appropriate
federal and state agencies to determine any action necessary to assure compliance with
applicable laws and regulations.
9. The development plan shall be in general conformance with the tentative development plan
as adopted by Mayor and Council.
Section 3. 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. 2005.10.
Section 4. If any section, subsection, sentence, clause, phrase or portion ofthis 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 ofthe Town of Maran a, Arizona, this
5th day of April, 2005.
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Marana Ordinance No. 2005.10
Page 2 of2
Exhibit A
Parcell:
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The South half of the East half of the Southeast quarter of the Northeast quarter of Section 5,
Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
(jv arb 74)
Parcel 1A:
An easement for ingress, egress and utilities over the West 30 feet of the North half of the East
half of the Southeast quarter of the Northeast quarter of Section 5, Township 12 South, Range 12
East, Gila and Salt River Base and Meridian, Pima County, Arizona.
Parcel 1B:
An easement for ingress, egress and utilities over, upon and across the North 30 feet of the North
half of the West half of the Southeast quarter of the Northeast quarter of Section 5 Township 12
South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, as created by
Deed recorded in Docket 6016 at page 340.
Parcel 1C:
An easement for ingress, egress and utilities as set forth in Docket 5996 at page 913.
Parcel 2:
The North half of the East half of the Southeast quarter of the Northeast quarter of Section 5,
Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona.
(jv arb 75)
Pa rcel 2A:
An easement for ingress, egress and utilities over, upon and across the North 30 feet of the North
half of the West half of the Southeast quarter of the Northeast quarter of Section 5 Township 12
South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, as created by
Deed recorded in Docket 6016 at page 340.
Parcel 2C:
An easement for ingress, egress and utilities as set forth in Docket 5996 at page 913.
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