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Home My WebLink AboutOrdinance 2002.26 Approving a rezone near Tangerine Road east of Breakers Road easement F. ANN RODRIGUEZ, RECORDER RECORDED BY: MMW DEPUTY RECORDER 0503 PE1 SMARA TOWN OF MARA_NA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 11964 PAGE: 3152 NO. OF PAGES: 5 SEQUENCE: 20030070865 01/10/2003 ORDIN 16:47 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2002.26 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY CONTRACTORS' YARDS, LLC AND PARK 'N SHADE, LLC, TO REZONE APPROXIMATELY 24.16 ACRES OF LAND LOCATED IMMEDIATELY SOUTH OF TANGERIN~ ROAD AND EAST OF THE BREAKERS ROAD EASEMENT IN SECTION 5, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM "C" (LARGE LOT ZONE, MIN1MUM LOT SIZE OF 25 ACRES) TO "HI" (HEAVY INDUSTRIAL), ASSESSOR'S PARCEL NUMBERS 216-08-002A, 216-08-002B AND 216-08-012B. WHEREAS, Contractors' Yards, LLC and Park 'N Shade, LLC, are the owners of approximately 24.16 acres of land located, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, in reviewing the rezoning request, Staff recommended to the Planning Commission the approval of the rezoning request subject to eight conditions; and WHEREAS, the Marana Planning Commission, after a public h earing, considered t his rezoning request on November 13, 2002, and voted 6-0 to recommend that the Town Council approve said rezone, adopting all eight recommended staff conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owners, staffand members of the public at the regular Tov~m Council meeting held December 3, 2002, and has determined that the rezoning is in conformity with the General Plan and should be approved. NOW, THEREFORE, BE IT ORD.~NED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 24.16 acres located immediately south of Tangerine Road and east of the Breakers Road easement in Section 5, Township 12 South, Range 12 East, is hereby changed from "C" (Large Lot Zone, minimum lot size 25 acres) to "HI" (Heavy Industrial), Assessor's Parcel Numbers 216-08-002A, 216-08-002B and 216-08-012B. Section 2. The purpose of th_is rezoning is to allow for the development of industrial uses, subject to the following conditions: Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. Marana Ordinance No. 2002.26 Page 1 o This rezoning is valid for three.years from the date of Town Council approval. If the developer fails to have a final subdivision plat recorded or a development plan approved pr/or to the three years, the property shall revert to the original zoning without further action by the Town Council. The Developer shall dedicate Tangerine Road a minimum of 200-feet half-width right-of- way, for street purposes, as delineated in the Town's Transportation Plan or Major Routes plan, 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, development plan, lot split or any building permit initiated by the property owner. 4. Floodplain use permits shall be obtained from the Town of Marana prior to developing the rezoning area. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal Or state laws or regulations, or relieves the applicant and/or landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are hereby advised to retain appropriate experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 7. Prior to Certificate of Occupancy the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. 8. The property owner shall dedicate the Breakers Road easement with a minimum 30-foot half-width right-of-way and construct the road with 24 feet of new pavement as accepted by the Development Services Administrator and Town Engineer. 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. 2002.26. Section 4. 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. Marana Ordinance No. 2002.26 Page 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: Town Clerk APPROVED AS TO FORM: - Daniel~ As Town Attorney and not personally ~N, JR. i Mamma Ordinance No. 2002.26 Page 3 Exhibit A All that portion of the West Half of Lot I of Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: BEGINNING at the Northwest corn4r of said Lot 1; THENCE Easterly along said South right of way line of Tangerine Road, parallel with and 50,000 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds East, a distance of 315.11 feet to a point thereon, being the Northeast corner of land described in Docket 11816 at page 2656, and being the TRUE POINT OF BEGINNING; THENCE continuing Easterly along said South right of way line of Tangerine Road, parallel with and 50.00 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds East, a distance of 345.16 feet to the Northeast corner of the West Half of said Lot 1; THENCE Southerly along the East line of the West half of said Lot 1, South 00 degrees 14 minutes 47 seconds East, a distance of 1261.69 feet to the Southeast comer of said West Half of said Lot 1; THENCE Westerly along the South line of said Lot 1, South 89 degrees 51 minutes 47 seconds West, 345.15 feet to the Southeast comer of said land described in Docket 11816 at page 2656; THENCE Northerly along the East line of said land described in Docket 11816 at page 2656, North 00 degrees 14 minutes 47 seconds West, 1262.51 feet to the TRUE POINT OF BEGINNLN'G; AND: All that certain real property situate in the County of Pima, State of Arizona, being a part of that parcel described in Docket 11001 at Page 1534 thereof, records of said Pi_ma County, in the west half of Lot 1 in Section 5, Township 12 South, Range 12 East, Gila and Salt River Meridian, more particularly described as follows: BEGINNING at the Northwest comer of said Lot 1; THENCE from said point of beginning, Southerly along the West line of said Lot 1, South 00 de~ees 14 minutes 33 seconds East, 50.00 feet to a point on the south right of way line of Tangerine Road, said point being the Northwest comer of said parcel described in Docket 11001 at Page 1534 (hereafter referred to as "Record Parcel") and the TRUE POLNVI' OF BEGINNING of Parcel "A' herein described; i THENCE from said TRUE POINT OF BEGINNING, Easterlv along said South right of way line, being the North line of said "Record Parcel", parailel with and 50.00 feet South of the North line of said Lot 1, North 90 degrees 00 minutes 00 seconds (GLO Record; Basis of Bearings), 315.55 feet to a point thereon, being the Northeast comer of said Parcel "A", marked by a 1/2" diameter rebar with a brass registration tag No. RLS 26932 (set); THENCE leaving said right of way line, Southerly along a line being parallel with the East line of the West half of said Lot 1, South 00 degrees 14 minutes 47 seconds East 1262.51 feet to a point on the South line of said Lot 1, being the Southeast corner of said Parcel "A", marked by a 1/2" diameter rebar with a brass registration tag No. RLS 26932 (set); THENCE leaving said parallel line, Westerly along said South line, being the South line of said "Record Parcel", South 89 degrees 51 minutes 47 seconds West, 315.20 feet to the Southwest corner of said Lot 1, being the Southwest comer of said "Record Parcel" and the Southwest comer of said Parcel "A', marked by an aluminum capped rebar stamped with registration number RLS 7599 (measured/accepted); THENCE leaving said Southwest corner, Northerly along the West line of said Lot 1, being the West line of said "Record Parcel", North 00 degrees 14 minutes 33 seconds West, 1263.26 feet to the TRUE POINT OF BEGINNING; AND: PARCEL 1 The North half of the Northwest quarter of the Southeast quarter of the Northeast quarter of Section 5, Township 12, South Range 12 East, Gila and Salt River Base and Meridian, P/ma County, Arizona. PARCEL 2 An easement for ingress, egress and utilities as created in instrument recorded in Docket 5996 at page 913, records of Pima County, Arizona, over the West 30 feet of Lot I and the East 30 feet of Lot 2 of Section 5, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona; EXCEPT any portion lying within the right of way of Tangerine Road. i ! i