HomeMy WebLinkAboutOrdinance 98.16 Clarifying ordinance no. 97.28 approving the significant land use change request
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MARANA ORDINANCE NO. 98.16
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, CLARIFYING ORDINANCE NO. 97.28 APPROVING THE SIGNIFICANT LAND
USE CHANGE REQUEST SUBMITTED BY GRANITE CONSTRUCTION FOR THE PURPOSE
OF ESTABLISHING A SAND AND GRAVEL EXTRACTION OPERATION ON PROPERTY
LOCATED AT TANGERINE ROAD, APPROXIMATELY 3/4 OF A MILE WEST OF 1-10,
WITHIN A PORTION OF SECTIONS 1 AND 2 OF TOWNSHIP 12 SOUTH, RANGE 11 EAST,
ASSESSOR'S PARCEL NUMBERS 215-02-010E, 215-02-01OB, AND 215-01-005A
REGARDING THE FIFTY (50) FOOT BUFFER CONDITION.
WHEREAS, Granite Construction is the owner of certain property located at Tangerine
Road, approximately 3/4 ofa mile west ofl-l0, within a portion of Sections 1 and 2 of Township
12 South, Range 11 East, Assessor's Parcel Numbers 215-02-01 OE, 215-02-01 OB and 215-0 1-005A,
and received a Significant Land Use Change in order to operate a sand and gravel extraction on the
above described property; and
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WHEREAS, the Marana Town Council adopted Ordinance No. 97.28 on September 16, 1997
which approved the Significant Land Use Change with conditions; and
WHEREAS, one ofthe conditions of Ordinance No. 97.28 requires Granite Construction to
maintain a fifty (50) foot buffer between mining operations and the Tangerine Landfill and Pima
County has condemned the property currently utilized as the buffer; and
WHEREAS, Ordinance No. 97.28 needs to be clarified in order to reflect the change of
ownership of the buffer area.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1.
Condition No.5 of Ordinance No. 97.28 is hereby clarified as follows, with additions
being shown in CAPITAL LETTERS and deletions being shown in shih.out text:
5.
A minimum 50 foot mining setback and minimum 1 to 1 Y2 slope will be
provided next to the Tangerine landfill. THE MINIMUM 50 FOOT
MINING SETBACK CAN BE SATISFIED BY UTILIZING THE 50 FEET
EASEMENT AROUND THE PERIMETER OF THE TANGERINE
LANDFILL GRANTED BY PIMA COUNTY TO GRANITE
CONSTRUCTION.
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Marana, Arizona Ordinance 98.16
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Section 2.
All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions ofthe Council in conflict with the provisions ofthis ordinance are hereby
repealed, effective as of the effective date of this ordinance.
Section 3.
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 thereof.
PASSED AND ADOPTED by the Mayor and Council ofthe Town ofMarana, Arizona this
7th day of July, 1998.
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Mayor ORA MAE
APPROVED AS TO FORM:
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Daniel J. Hochuli /"
Town Attorney
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Marana, Arizona Ordinance 98.16
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