HomeMy WebLinkAboutOrdinance 2008.13 Rezoning for Qwest Communications' F. ANN RODRIGUEZ, RECORDER DOCKET: 13336
RECORDED BY: C_V M~ PAGE: 953
DEPUTY RECORDER °F ~I~ NO. OF PAGES: 6
1016 PE1 ~'~ ,i I~ BOG SEQUENCE : 20081240194
SMARA W x 06/26/2008
TOWN OF MARANA ~`t'_ ~ ~'`~ ORD IN 12:3 9
ATTN: TOWN CLERK RIZO~
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.50
MARANA ORDINANCE N0.2008.13
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR
QWEST COMMUNICATIONS.
WHEREAS, Qwest Communications and Lonny and Joan Catt are the property owners of
approximately 5.79 acres of land located north of Cortaro Farms Road and east of Hartman Lane
within a portion of the northwest quarter of Section 25, Township 12 South, Range 12 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 May 28, 2008, and
at said meeting voted to recommend, by a vote of 5 to 2 (Commissioners Fogel and Winger
dissenting), 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 June 17, 2008, and 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 5.79 acres of land as described below located north of
Cortaro Farms Road and east of Hartman Lane complies with the Town of Marana General Plan.
Section 2. The zoning of approximately 5.79 acres of land located north of Cortaro Farms Road, and
east of Hartman Lane within a portion of the northwest quarter of Section 25, Township 12 South,
Range 12 East (the "Rezoning Area"), is hereby changed from `R-36' (single family residential -
minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial) on 1.17 acres, from
Zone `C' (Large Lot Zone) to `NC' (Neighborhood Commercial) on 2.61 acres, and from Zone `C'
to `R-36' on 2.01 acres.
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 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. The owner /developer shall dedicate, or cause to have dedicated, the necessaryright-of--way for
Hartman Lane along the frontage of its existing site, and other right-of--way as determined
appropriate by the Town of Marana.
,~
Pursuant to the Major Routes Right-of--Way Plan, the Town will require dedication of minimum
of twenty (20) feet width of public right-of--way along the east side of Hartman Lane along the
existing Qwest property (parce1221-14-017F) for a total futureright-of--way of ninety (90) feet.
All public rights-of--way on this project, including roadway dedications, waterline easements,
public trail easements, public utility easements, etc. shall be dedicated by separate instrument
within 90 days upon demand by the Town.
3. Prior to the dedication ofright-of--way along Hartman Lane, the developer must have completed.
the removal of the existing underground. fuel storage tank (UST) and perform any associated
remediation work. Per the Town Attorney, removal, ,relocation and remediation is the
responsibility of the applicant: The Town will not assume any expense or liability.
4. The. applicant shall comply with any applicablelaws and regulations ,concerning removal
(closure) of underground tanks, including without limitation Arizona Revised Statutes, Section
49-1008, Arizona Administrative Code Title 18, Chapter 12 (and A.C.C. Section R18-12-271)
and 40 Code of Federal Regulations Sections 280.70 through 280.74.
5. Permanent legal access must be provided to the remaining parcel owned by Lonny and Joan Catt
(after the subdivision of parce1221-14-017G).
6. Qwest shall provide legal access from Hartman Lane to the remaining parcel owned by Lonny
and Joan Catt (after the subdivision of parce1221-14-017G) until such time as permanent legal
access has been provided via Freeman Lane or elsewhere. If permanent legal access cannot be
provided, Qwest shall provide permanent access via their project area.
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, 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.
8. The property owner shall not cause any lot split of any kind without the written consent of the
Town of Marana.
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 Water Plans.
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 Sewer Plans.
11. -The owner % developer will be required, to fund, design, and construct all off-site and on-site
sewers necessary to serve the rezoning area, in the manner specified at the•time of review of the
Development Plan, sewer construction plan, or request for building permit.
12. All cultural resource requirements must be successfully completed. The areas is the western
portion of the property where deep disturbance is planned; (e.g. detention/retentionbasfns, water,
,.sewer, and storm drains, eta) should be tested by a qualified archaeological consultant for
presence of deposits related to the Dairy Site (AZ AA:12:285:[ASM]). Aplan for this testing
must be approved by the Town's Cultural Resource Manager, and must be implemented before
construction may proceed. If any human remains or funerary items are discovered during
construction, or at any time, all work must stop in the area of the remains and contact must be
made with Mr. John Madsen,, Repatriation Coordinator, must be contacted immediately at (520)
621-4795, pursuant to A.R.S 41-865.
13. The Rezoning Site Analysis document may be subject to minor grammatical and illustrative
changes prior to submittal of additional plans to the Town.
14. The owner /developer has agreed to, and shall comply with, the following four (4) stipulations,
as requested in a letter submitted by Jim Thomas, President of the Cortaro Ranch Homeowners
Association, dated June 16, 2008, and incorporated herein by this reference.
a. A masonry .wall will be constructed fronting the site along Hartman (Lane). The wall will
extend from the north corner of the new Qwest property to the south corner of the existing
Qwest property.
b. The existing Qwest building(s) will be painted to match the proposed Service Operations
Center (SOC) building.
c. Qwest will implement a mandatory program that prohibits employees from using streets
within Cortaro Ranch as a means of access.
d. Qwest will use staggered work hours, wider drive aisles, and appropriate driveway alignment
to ease morning and evening traffic flow.
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, effective as of the effective date of Ordinance No. 2008.13.
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 Townof Marana, Arizona, this
17~' day of June, 2008.
ATTEST:
ocelyn .Bronson, Town Clerk
Mayor Ed Honea
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EXHIBIT A
VAUGHN ZAtVI~ ~URiV~l+`t~G tNC. J.ap N. Vaughn, R:L.S.
Shane Bateman, F2:L.S.
Brian Q. Warren, L.S:I.T.
1747 E. Weber Drive, Suite 2 Tempe; AZ 85281
48(1-927-1565 TEt. 48Q-921-1567 f=AX
May 21,-2008 Exhibit 1S9b-1
LOT 1 DESCRIPTION "
A portion of the West Half of the North. Half of the Southwest Quarter of the Southwest Quarter of the
Northwest Quarter of Section 25., Township 12 South, Range 12 East, of the Giia River Base and Meridian,
Pima County, Axi~ona, described as follows;
Cornmeneing at the West Quarter Corner of said Section 25, as shown in Book 60 of Surveys, Page 28,
Pirr~a County Recorder;
Thence North 00 degrees 37 minutes 21 seconds West, along the West Line of the Northwest
Quarter of said Section 25, a distance of 329:86 feet, to the Southwest Corner of the North Half of'the
Southwest Quarter of the: Southwest Quarter of the Northwest Quarter of said Section 25, from which the
Northwest Cornier of said Section 25 bears North 00 degrees 37 minutes 21 seconds West, a distance of
2309.OS feet;
Thence l~Torth 89 degrees 40 minutes 27 seconds East, along the South Line of the North Half of
the Sotitlvi~est. Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of
50.00 feet; to the Point of Beginning;
Thence North 00 degrees 37 minutes 21 seconds West, parallel with and 50.00 feet easterly of
the "WWest Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northr~aest
Quarter of saki Section 25, a distance of 329.8.6 feet, to the North Line of the North Half of the Southwest
Quarter of the Sauthvvest Quarter csf the Northwest Quarter of said Section 25;
Thence North 89 degrees 40 minutes 39 seconds East, along the North Line of file North Half of
the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of
344.75 feet;
Thence South 00 degrees 3.6 minutes 3G seconds East, a distance of 3.29.84 feet, to the South
Like of the North Ralf of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said
Section 25;
Thence North 89 degrees'40 minutes 27 seconds West,. along the South Line of the North Halfof
tlxe Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 2S, a distance of
344.68 feet; to the Point of Beginning.~~s.,
Containing 113,'103 square feet or 2.610 acres, more or less.
Subject to easements, restrictions grid right of ways of record.
Page 1 of 3
YA~'CHN t,~Nl'i SU`RV~'Yf~G !NC
1707 E Weber Drive, Suite 2 Tempe, AZ 85281
480-921-1565 TEL 480-921-1567 FAX
May 21, 2008
LOT 2 DESCRIPTION
Jay N. ~attghn, R.L.S.
Shane Bateman, R:1..5.
Brian D. Warren, L.S.I.T.
Exhibit 1596-2
The East Half of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest
Quarter of Section 25, Township 12 South, Range 12 East,: of the Gila River Base and Meridian, Pima
County, Arizona, also described as follows:
Commencing at the West Quarter Corner of said Section 2S, as shown in Book 60 of Surveys, Page 28,
Pima County Recorder;
Thence North Q4 degrees 37 minutes 21 seconds West, along the Test Line of the Northwest
Quarter of said Section 25, a distance of 329.86 feet, to the Southwest Corner of the. North Half of the
Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, from which the.
Northwest :Corner of said Section 25 bears North 00 degrees 37 minutes 21 seconds West, a distance of
2309.05 feet;
Thence North 89 degrees 40 minutes 27 seconds East, along the South Line of the North Half of
the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of sand Section 25, a distance of
394.68 feet to the Point of Beginning;
Thence North 00 degrees 36 minutes 36 seconds West, a distance of 329.84 feet, to the North
Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said
Section 2S; _
Thence North 89 degrees 40 minutes 39 .seconds East, along the North. Line ofthe North Halfof
the Southwest Quarter of the Southwest Quarter of the Northwest. Quarter of said Section 2S, a distance of
264.75 feet, to the Northeast Corner of the North Half of the Southwest Quarter of the Southwest Quarter of
-the Northwest Quarter of said Section 25;
Thence South 00 degrees 35 minutes 51 seconds East, along the East Line of the North Half of
the Southwest Quarter of the Southwest. Quarter of the Northwest Quarter of said Section 25, a distance cif
329.83 feet, to the Southeast Corner of the North Half of the Southwest Quarter of the Southwest Quarter of
tl~e Northwest Quarter of said Section 25;
Thence South ~9 degrees 40 minutes 27 seconds East, along the South Line of the North Half of the
Southwest Q~:iarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of
264.68 feet, to the Point of Beginning.
A
Coritainiiag 87,310 square feet or 2.004 acres, more or less.
Subject to easements, resfirietions and right of ways of record,
L
Page 2 of 3
VgUGNI~ ~,~~1~ StlR'Y~`Y'!NG IMC. Jay N. Vaughn, R,L.S.
Shane Bateman, R.LS.
Brian D. Warren, L.S.LT.
9 707 E. Weber Drove, Suite 2 Tempe, AZ 85281
480-921-1565 TEL 480-921-1567 FAX
June 9, 200$ 159GQWEST
QWEST PARCEL pESCRll'TION
~ portion of the South I.Ialf of il~e South Half of the Southwest Quarter of the Northwest Quarter of Section
25, Township 12 South, Range 12 East, Crila and Salt River Base and Meridi.a~i, Pima Couxrty, Arizona, as
following, descried in Docket 5142, Page 244, Pima Cowzty Recorder;
The South 330 feet of the West 230 feet of the South Half of tl~e Southwest Quarter of the Southwest
Quarter of the Northwest Quarter of Section 25, TownshiA 12 South, Range. l2 East, Gila and Salt River
Base and :Meridian, Pima Gounty, Arizona, except the South 30 feet and except the West 30 feet.
More particularly described as follows:
Commencing at the Nest Quarter Corner of said Section 25, as shown in Book GO of Surveys, Page 2$,
Pima County :Recorder;
Thence North 00 degrees 37 minutes 21 seconds West, along tl~e West Line of the Northwest
Quarter of said Section 25, a distance of 329.8b feet, to the Northwest Corner of the South Half of the South
Half of tlae Southwest thiarter of the Northwest Quarter of said Section 2S, from which the Northwest
Corner of said Section 2S bears North 00 degrees 37 minutes 21 seconds West, a distance of 2309,05 feet;
7'heaxce North 89 degrees 40 minutes 2? seconds East, along the North Line of the South Half of
the South Half of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 50.00
feet, to the Point of Beginning;
'I'licnce, continuing North 89 degrees 4d minutes 27 seconds East, along the North Line of the
South Half of tlae South l~ial:f of the Southwest Quarter of the Northwest Quarter of said Section 25, a
distance of 1.80A0 feet;
'Thence South 00 degrees 37 minutes 21 seconds East, parallel with ar~d 230.00 feet easterly of
tlae West Line of the South Half of the South I-ialf oftlie Southwest Quarter of tl~e Nar•tl~west Quarter of said
Section 25, a distance of 254.85 feet, to the North Line ofthe South 75A0 feet of the Northwest Quarter of
said Section 25,
Thence South 89 degrees 40 minutes 15 seconds West, along the North Llne of the South 75.00
feet of the Northwest Quarter of said Section 25, a distance of 180.00 feet, to the East Line of the West
SU.O"O feet of the Nos-tl~west Quarter of said Section 25;
Thence Noi•tlj 00 degrees 37 minutes 21 seconds West, along the East Line of the West 50.00
feet of the Northwest Quarter of said Section 25, a distance of 254.$0 feet, to the Point of Beginning.
Co~ataining 45,$74 square feet ox 1.053 acres, more or less.
Subject to easements, restrictions and right ofways of record.
Page 3 of 3
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: C_V
aF PI
DEPUTY RECORDER ~
1016 PE 1 ~~ ~~Oz
SMARA
TOWN OF MARANA ~`1' I ~"~
ATTN : TOWN CLERK `IRiZpl`Z¢'
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET:
PAGE:
NO. OF PAGES
SEQUENCE.:
CONSEN
13336
951
2
20081240193
06/26/2008
12:39
MAIL
AMOUNT PAID $ 8.00
CONSENT TO CONDITIONS OF REZONING AND
WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE
RESULTING FROM TOWN OF MARANA ORDINANCE N0.2008.13
LONNY L. ANA JOAN I. GATT, husband and wife, (the "Owners") own a portion of the
land referred to in this instrument as the "Property," which is particularly described in Exhibit A
attached to Marana Ordinance No. 2008.13 the "Rezoning Ordinance") and incorporated by this
reference in this instrument. The Property is the subject of Town of Marana rezoning case
number PCZ-07122, filed on behalf of the Owners, which the Marana Town Council approved
with conditions on June 17, 2008 by the adoption of 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 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.
1 Dated ~~ day of June, 2008.
STATE OF ARIZONA )
County of Pima )
ss
The foregoing instrument was acknowledged before me on June ~q~ , 2008 by Lonny L. Catt,
husband of Joan I. Catt.
f
My commission expires: ~ V ~ '
Notary Pu
My commhslon ~.~ tas~nt
" LINDA
_WOl'ARY pl~1C
~ ~~ 1
Qwest Rezoning Prop 207 Waiver
STATE OF ARIZONA )
ss
County of Pima )
The foregoing instrument was acknowledged before me on June I9~ , 2008 by Joan I. Catt,
wife of Lonny L. Catt.
My commission expires:
rJl y Commission Fapires 1W31l11
Q~,`.
Notary Publi
LINDA BRONGER
NOTARY PUBLIC
PIMA COUNTY, AR~ONA
MY COMM. EXPIRES 1031-2011
Qwest Rezoning Prop 207 Waiver
F. ANN RODRIGUEZ, RECORDER DOCKET: 13336
RECORDED BY: C_V M- PAGE: 950
DEPUTY RECORDER of ~I"`9 NO. OF PAGES: 1
1016 PE1 ~'~ i ~~ BOG SEQUENCE : 20081240192
SMARA ~ y 06/26/2008
TOWN OF MARANA ~`1' ~'`s CONSEN 12:39
ATTN: TOWN CLERK '9?~~p114"
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 N0.2008.13
QwEST CORroxaTION, a Colorado corporation, (the "Owner") owns a portion of the land
referred to in this instrument as the "Property," which is particularly described in Exhibit A
attached to Marana Ordinance No. 2008.13 (the "Rezoning Ordinance") and incorporated by this
reference in this instrument. The Property is the subject of Town of Marana rezoning case
number PCZ-07122, filed on behalf of the Owners, which the Marana Town Council approved
with conditions on June 17, 2008 by the adoption of 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 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 June, 2008.
QWEST CORPORATION, a Colorado corporation
Bye ;
LaRae Dodson, its Director,
Corporate Real Estate
STATE OF ~~~pr~a0~ )
ss
County ofd ~lC>V~ )
The foregoin instrument was acknowledged efore me on June ~,~ 2008 by
~ ~'c~ the ~ tl~~?C'Efl Y - ~S~.~Zof Qwest Corporation, a
Colorado corporation, on behalfof the corporation.
My commission expires:
~~ a -~~
~orARy-•:
,,•;pvBLIC .~
~Y Commission Expires ~dov. ?2, ?008