HomeMy WebLinkAboutOrdinance 2005.27 Rezoning to create the tangerine commerce park specific plan
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: PH
DEPUTY RECORDER
3056 PEl
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20052470427
12/22/2005
14:19
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
ORDIN
MAIL
AMOUNT PAID
$ 9.50
MARANA ORDINANCE NO. 2005.27
RELATING TO DEVELOPMENT; APPROVING AND AUmORIZING A REZONING OF
494-ACRES OF LAND FROM "F" (CALMA T SPECIFIC PLAN) TO ZONE "F"
CREATING THE TANGERINE COMMERCE PARK SPECIFIC PLAN.
WHEREAS, The Planning Center and Cottonwood Properties represent the property owners
of approximately 494 acres ofland located within portions of Section 1, Township 12 South, Range
11 East and Section 6, 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 November 2, 2005,
and at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; and,
WHEREAS, the Marana Town Council heard from representatives of the owners, staffand
members of the public at the regular Town Council meeting held December 20, 2005, and has
determined that the rezoning meets the intent of the General Plan, and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a,
Arizona, as follows:
Section 1. The zoning of approximately 494-acres ofland located within located within portions of
Section 1, Township 12 South, Range 11 East and Section 6, Township 12 South, Range 12 East, on
the south side of Tangerine Road and west ofl-lO (the "Rezoning Area"), is hereby changed from
Zone "F" (Calmat Specific Plan) to "F" (Specific Plan) creating the Tangerine Commerce Park
Specific Plan.
Section 2. The purpose of this rezoning is intended to accommodate regional and local commercial
businesses, professional offices, and limited manufacturing uses that complement the commerce park
areas along with continuing the existing resource extraction (surface mining operation), subject to the
following conditions, the violation of which shall be treated in the same manner as a violation of the
Town of Maran a 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 ultimate development proposed by this rezoning shall comply with the requirements of
the adopted development agreement.
Marana Ordinance No. 2005.27
Page 1 of3
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3.
The property owner( s) shall not cause any lot split of any kind without the written consent of
the Town of Maran a, except with respect to the dedications required under the specific plan
or development agreement.
An assurance agreement shall be entered into by the owner/operator/applicant for the
resource extraction areas, establishing a financial instrument of assurance to guarantee
mitigation and reclamation of the mineral extraction operation. Said assurance shall be
evaluated annually and adjusted depending on the cumulative level of disturbance. The
agreement required herein shall be substantially in the form required by the adopted Surface
Mining and Reclamation Ordinance.
A lighting plan for the resource extraction areas, in compliance with the Town's adopted
Lighting Code, shall be submitted, providing a location and schedule of lighting facilities,
temporary and permanent, and shall be updated annually. All permanent lighting measures at
the new site shall not exceed the height of the proposed screening berm. Additionally, the
program shall mitigate trespass oflight to surrounding areas and provide for the modernizing
of lighting equipment in conjunction with the required annual lighting reviews. Directional
(non flood) lighting required for operational and safety purposes is allowed on silos and above
the height limits stated herein, provided such lighting is used only as required, is minimized
and is fully screened from adjacent properties and or rights-of-way. However, any such
lighting remains subject to all light trespass restrictions. This is not intended to limit lighting
necessary for equipment maintenance, provided the lighting is used only during active
maintenance activities and does not trespass into surrounding areas.
The aggregate extraction operation shall comply with the most current and reasonably
applicable environmental and safety standards, as identified in federal, state, and local laws,
and any necessary adjustments shall be required to be updated on an annual basis.
The resource extraction operators shall ensure that all trucks are properly loaded and that
tires and wheels have been sprayed or washed for dust abatement or alternatives as approved
by the Town Engineer and Planning Director. Such alternatives may include, but not be
limited to, sweeping and maintaining a paved exit road within the resource extraction area.
The resource extraction land owner shall design and construct the required multi-use trail
within the linear park to provide connectivity of multi use trails to the east or west and shall
be constructed in conjunction with the adjacent linear park development.
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.
A water service agreement and a master water plan must be submitted by the Developer and
accepted by the Utilities Director prior to approval of the water plans for the Commerce Park
land use designation.
A sewer service agreement and master sewer plan must be submitted by the Developer and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the sewer plans for the Commerce Park land use designation.
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Marana Ordinance No. 2005.27
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12. Dual water lines shall be installed per the adopted Northwest Marana Area Plan.
13. The commercial property owner shall transfer with the final plat, using the appropriate
Arizona Department of Water Resources form, those water rights, being IGR, Type I or Type
II, to the Town of Maran a for the Town to provide a designation of assured water supply and
water service to said property. If Type lor Type II is needed on said property, the Town and
developer/landowner shall arrive at an agreeable solution for the use of those water rights
appurtenant to said land.
14. In the event that the Town, in its reasonable discretion, determines that asphalt production
results in odors that impact the surrounding property, the Town shall have the right to require
installation of odor treatment equipment and prohibit production of rubberized asphalt as it is
more odiferous than conventional asphalt.
15. In addition to those requirements listed in the Land Development Code, an annual report shall
be submitted within 30 days of the anniversary of the Town Council's approval of the Specific
Plan.
16. Upon adoption of the Tangerine Commerce Park Specific Plan by the Mayor and Council, the
applicant shall provide to the Planning Department within 60 days of the adoption, the
following final editions of the Tangerine Commerce Park Specific Plan: one non-bound
original; 30 bound copies; and, one digital copy in Microsoft Word or other acceptable
format.
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 ofthe effective date of Ordinance No. 2005.27.
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
PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this
20th day of December, 2005.
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Mayor Ed Honea
ATTEST:
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Page 3 of3
Appendix A: Legal Description
Parcel 1
That part of the West half of Section 6, Township 12 South, Rc;mge 12 East, Gila and
Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of the
Tucson-Casa Grande Highway and/or Interstate 10 as the same exists on September
16, 1985.
Excepting that real property conveyed to Cortaro-Marana Irrigation District, a political
subdivision recorded as Docket 1968, Page 587, described as follows:
BEGINNING at a point on the West line of Section 6, Township 12 South, Range 12
East, Gila and Salt River Base and Meridian, Pima County, Arizona, said point lying
South 00027'03" East, 47.46 feet form the Northwest corner of said Section 6.
THENCE South 7r54'33" East, 154.06 feet;
THENCE South 50012'48" East, 300.00 feet;
THENCE South 56029'26" East, 1728.56 feet;
THENCE South 50012'48" East, 929.7 feet to the mid-section line of said Section 6;
THENCE South 00009'58" East, along said mid-section line, 32.83 feet
THENCE North 50012'48" West, 951.31 feet;
THENCE North 56029'26" West, 1728.56 feet;
THENCE North 50012'48" West, 393.84 feet;
THENCE North 77054'33" West, 147.9 feet to the said West line of Section 6;
THENCE North 00027'03" West, 25.00 feet along said West line of the POINT OF
BEGINNING;
FURTHER EXCEPTING all that portion of the Southwest Quarter of Section 6,
Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima
County, Arizona, said parcel being more particularly described as follows:
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BEGINNING at the West Quarter corner said Section 6, said point also .being the
TRUE POINT OF BEGINNING:
THENCE North 89029'21" East, a distance of 2524.74 feet, to the center of said
Section 6;
THENCE South 00037'12" East, a distance of 2641.70 feet, to the South Quarter
corner of said Section 6;
Exhibit A to Marana Ordinance No. 2005.27
Appendix A: Legal Description
THENCE South 89034'15" West, a distance of 2522.53 feet, to the Southwest corner of
said Section 6;
THENCE North 00040'06" West, a distance of 2638.11 feet, to the TRUE POINT OF
BEGINNING.
Parcel 2
The Northwest Quarter and the East Half of the Northwest Quarter of Section 1,
Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima
County, Arizona.
Excepting those portions of real property conveyed to the Town of Marana in Docket
6629, Page 774 described as follows:
The North 15 feet of the West 3931.48 feet of Section 1, Township 12 South, Range
11 East Gila and Salt River Base and Meridian, Pima County, Arizona; and
Further excepting the following described parcel of land conveyed in Docket 10808,
Page 824, as to Parcel 1, described as follows:
All of that portion of Section 1, lying within the East half of the Northwest Quarter and
the Northeast Quarter of Section 1 , Township 12 South, Range 11 East, Gila and Salt
River Base and Meridian, Pima County, Arizona, Being more particularly described as
follows:
BEGINNING at the North Quarter of corner of Section 1,
THENCE South 89051'27" West, a distance of 1321.06 feet to the Northwest corner of
the East half of the Northwest Quarter of said Section 1;
THENCE South 00013'10" East, a distance of 300.00 feet, to a TRUE POINT OF
BEGINNING;
THENCE North 89027'52" East, a distance of 132.15 feet, to a point in the West line of
the Northeast Quarter of said Section 1;
THENCE 45029'41" East, a distance of 835.15 feet;
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THENCE North 89027'52" East, a distance of 835.94 feet;
THENCE Southerly along the arc of a circular curve concave to the East having a
radius of 600.00 feet, a central angle of 32003'27", an arc length of 335.70 feet to a
point of tangency;
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THENCE 31036'25" West, a distance of 350.63 feet to a point of curvature;
Appendix A: Legal Description
THENCE South 00027'01" East, a distance of 1,132.65 feet, to a point in the South line
of the Northeast Quarter of said Section 1;
THENCE South 89025'19" West, along said South line, a distance of 1,142.52 feet to
the center of said Section 1;
THENCE South 89025'14" West, a distance of 1,321.32 feet, to the Southwest corner
of the East half of the Northwest Quarter of said Section 1;
THENCE North 00036'48" West, a distance of 2,340.63 feet, to the TRUE POINT OF
BEGINNING.
Parcel 3
All of that portion of Section 1, lying within the East Half of the Northwest Quarter and
the Northeast Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt
River Base and Meridian, Pima County, Arizona, said parcel being more particularly
described as follows:
BEGINNING at the North Quarter corner of said Section 1;
THENCE South 89051'27" West, a distance of 1321.06 feet to the Northwest corner of
the East Half of the Northwest Quarter of said Section 1;
THENCE South 00013'10" East, a distance of 300.00 feet to the TRUE POINT OF
BEGINNING:
THENCE North 89051 '27" East, a distance of 1321.06 feet to a point in the West line of
the Northeast Quarter of said Section 1;
THENCE North 89051'13" East, a distance of 835.94 feet;
THENCE South 45006'06" East, a distance of 835.15 feet;
THENCE South 32000'00" West, a distance of 350.63 feet to a point of curvature;
THENCE Southerly along the arc of a circular curve concave to the East having a
radius of 600.00 feet, a central angle of 32003'27", an arc length of 335.70 feet to a
point of tangency;
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THENCE South 89048'57" West along said South line, a distance of 1142.12 feet to
the center of said Section l'
THENCE continue South 89048'57" West, a distance of 1321.27 feet to the Southwest
corner of the East Half of the Northwest Quarter of said Section 1;
THENCE North 00013'10" West, a distance of 2340.52 feet to the TRUE POINT OF
BEGINNING.
Appendix A: Legal Description
Parcel 4
All of that portion of Section 6, Township 12 South, Range 12 East, Gila and Salt River
Base and Meridian, Pima County, Arizona, lying East of the Tucson Aqueduct Reach
#4, as shown by Plan #344-330-14052 dated August 01, 1990 and lying Southwesterly
of Interstate 10 Highway #10, said parcel being more particularly described as follows:
BEGINNING at the West Quarter corner of said Section 6'
THENCE North 89051'55" East, along the South line of the Northwest Quarter of said
Section 6, a distance of 173.41 feet to the TRUE POINT OF BEGINNING;
THENCE North 00003'26" West, along the East line of Reach #4, a distance of
1291.23 feet;
THENCE continue along said East line North 40021 '34" East, a distance of 655.02
feet;
THENCE South 56005'43" East, a distance of 1546.61 feet;
THENCE South 70023'55" East, a distance of 682.40 feet to a point in the East line of
the Northwest Quarter of said Section 6;
THENCE South 00012'44" East, along said East line, a distance of 693.18 feet to the
center of said Section 6'
THENCE South 89051'55" West, along the South line of said Northwest Quarter, a
distance of 235.94 feet to the TRUE POINT OF BEGINNING.
Parcel 5
All that portion of the Southwest Quarter of Section 6, Township 12 South, Range 12
East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being
more particularly described as follows:
BEGINNING at the West Quarter corner of said Section 6, said point also being the
TRUE POINT OF BEGINNING,
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THENCE North 89051 '55" East, a distance of 2525.35 feet to the center of said Section
6,
THENCE South 00012'44" East, a distance of 2642.10 feet to the South Quarter corner
of said Section 6;
THENCE South 89057'52" West, a distance of 2516.40 feet to the Southwest corner of
said Section 6;
Appendix A: Legal Description
THENCE North 00024'25" West, a distance of 2637.77 feet to the TRUE POINT OF
BEGINNING.
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