The URL can be used to link to this page

Home My WebLink AboutOrdinance 2008.23 Rezoning land located at 8380 N Silverbell Road~~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13452 RECORDED BY: RJL PAGE: 386 DEPUTY RECORDER 44 PE-2 M ~y°F~I"`9~ w O ~ NO. OF PAGES: SEQUENCE: 3 20082400172 95 r ~~ sMARA ~z w ' 12/11/2ooe TOWN OF MARANA ~N~ ~ ~'ti' ORDIN 13:23 ATTN : TOWN CLERK `92tIZO~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT .PAID $ 8.00 MARANA ORDINANCE NO. 2008.23 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 0.36 ACRES OF LAND OWNED BY DAVID TORREZ AND LOCATED AT 8380 NORTH SILVERBELL ROAD WHEREAS, David Torrez is the property owner of approximately 0.36 acres of land located on the east side of:Silverbell Road between Wade Road and Continental Reserve Loop in a portion of Section 27, Township 12 South and Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference (referred to in this Ordinance as the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on October 22, 2008, and at said meeting voted to recommend, by a unanimous vote, that the Town Council approve the rezoning of the Rezoning Area from `C' (Large Lot Zone) to `CO' (Commercial Office), subject to 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 November 18, 2008, and determined that the rezoning should be approved. NOW, THEREFORE, BE TT ORDAINED by the Mayor and Council ofthe Town of Marana, Arizona, as follows: Section 1. The rezoning of the Rezoning Area from `C' (Large Lot Zone) to `CO' (Commercial Office) complies with the Town of Marana General Plan. Section 2. The zoning of the Rezoning Area is hereby changed from `C' (Large Lot Zone) to `CO' (Commercial Office). 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 the Marana Town Code, the Marana Land Development Code, Marana Ordinances, and policies of the Marana General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The proposed office shall be restricted to single story construction, not to exceed 20-feet in height. 3. The proposed use of the Rezoning Area shall be limited to a maximum traffic generation of 50 daily trips or as accepted by the Planning Director and Town Engineer. 4. No residential use shall be permitted. Marana Ordinance No. 2008.23 -1- ./"" 5. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or landowner to violation of any applicable federal or state law or regulation, nor relieves the applicant or the land owner from the responsibility to ensure compliance with all applicable federaLand state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain an appropriate expert and/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 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. § 12-1 i 34) 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. 2008.23. 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. 18th day of November, 2008. Mayor Ed H nea APPROVED A~ TO FOR ~~'` _ ank Cassidy, Town Att ey f ~° Mazana Ordinance No. 2008.23 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this .. EXHIBIT "A" LEGAL DESCRIPTION -PROPERTY BOUNDARY PARCEL 226-25-006A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RNER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GPLA AND SALT RIVER MERIDIAN, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N'89°43'34" E, A DISTANCE OF 123.70 FEET TO A POINT; THENCE 5.00°3714" E, A DISTANCE OF 130.07 FEET TO A POINT; THENCE S 89°45'09" W, A DISTANCE OF 95.89 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST FROM WHICH THE RADIUS POINT BEARS N 48°41'22" E, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF SILVERBELL ROAD AS RECORDED IN DOCKET 9496 AT PAGE 562; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3840.00 FEET AND A CENTRAL ANGLE OF 00°47'04.9" AND AN ARC LENGTH OF 52.59 FEET TO A POINT; THENCE N 00°33'36" W, A DISTANCE OF 83.93 FEET TO THE TRUE POINT OF BEGINNING FOR THE ABOVE DESCRIBED PARCEL. THE ABOVE PARCEL CONTAINS 0.358 ACRES OF LAND MORE OR LESS. F. ANN RODRIGUEZ, RECORDER DOCKET: 13452 385 RECORDED BY: RJL °F ~I~ PAGE: OF PAGES : NO 1 DEPUTY RECORDER PE-2 q ~W~ ~~'O ~ . SEQUENCE: 20082400171 9544 W l 8 ~z 12/11/200 SMA~' fi't' ~~ CONSEN 13:23 TOWN OF MARANA E+ ATTN : TOWN CLERK `gRIZO~ 11555 W CIVIC CENTER DR III' ID 00 $ 8 AMOUNT PA . MARANA AZ 85653 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO.2008.23 DAVID TORREZ, a single man, (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2008.23 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08012, filed on behalf of the Owner, which the Marana Town Council approved with conditions on November 18, 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 waive 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 ~,wv~;r ~~'~ , 2008. The "Owner": ~..... ~. ~'° +~ David T ez STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on l~i.~~r,~~,~, L::~, 2008 by David Torrez, a single man, the Owner. My commission expires: N Public ,;, ~, _ , ~~~~~- _, David Torrez Rezoning Prop 207 Waiver 11/7/20084:51 PM