The URL can be used to link to this page

Home My WebLink AboutOrdinance 2009.06 Rezoning land for the QuikTrip CorporationF. ANN RODRIGUEZ, RECORDER DOCKET: 13573 RECORDED BY: MRB PAGE: 698 DEPUTY RECORDER ti°F ~I~ NO. OF PAGES: 7 1562 PE-1 r~~ ~~o~ SEQUENCE: 20091080260 SMARA W" ~ y 06/05/2009 TOWN OF MARANA ~`1' ~b ORDIN 13:57 ATTN: TOWN CLERK `4ItIZ0~~ 11555 W CIVIC CENTER DR Mp,=I, MARANA AZ 85653 AMOUNT PAID $ 9.00 MARANA ORDINANCE N0.2009.06 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 2.06 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF CERIUS STRAVENUE FROM R-36 (SINGLE-FAMILY RESIDENTIAL -MINIMUM LOT SIZE OF 36,000 SQUARE FEET) TO NC (NEIGHBORHOOD COMMERCIAL) FOR THE QUIKTRIP CORPORATION WHEREAS Northwest Partners, LLC, Jenny Ann Miller, Charles Mitchell Miller, and Carol Jean Miller (the "Property Owners") collectively own approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue within a portion of the southeast quarter of Section 26, Township 12 South, Range 12 East and described as Lots 1 and 2 of the Oshrin Park Subdivision (the "Rezoning Area") as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Property Owners have authorized the QuikTrip Corporation (the "Developer") to submit an application to rezone the 2.06 acres from R-36 (single-family residential - minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial); and WHEREAS the Marana Planning Commission held a public hearing on April 29, 2009, and voted to recommend, by a unanimous vote 6-0, that the Mayor and Town Council approve the application for rezoning from R-36 (single-family residential -minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial), adopting the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing on May 20, 2009 and determined that the application for 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 proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby rezoned from `R-36' (single family residential - minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial). 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. The rezoning shall .not be effective until the effective date of the annexation of the subject property into the Town of Marana. 2. 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; and, Commercial Design Standards (Title 8 of the Marana Land Development Code). Marana Ordinance No. 2009.06 - 1 - 3. There shall be no further lot splits of the Rezoning Area without the written consent of the Town of Marana. 4. 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. 5. A water service agreement must be submitted by the Property Owners or the Developer and accepted by the Utilities Director prior to the approval of the Water Plans. 6. A sewer service agreement must be submitted by the Property Owners or the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 7. The Property Owners or the Developer shall connect all development within the Rezoning Area to the public sewer system at the location and in the manner specified by the Wastewater Management Department. The Property Owners or the Developer shall fund, design and construct all off-site and on-site sewers necessary to serve the Rezoning Area, as determined necessary at the time of review of the development plan and sewer plan. 8. The Property Owners or the Developer will be responsible for designing and constructing a traffic signal at the Cortaro Farms Road / Cerius Stravenue intersection. The signalization will require striping and signing modifications at the intersection, as well as a signal phasing plan and .timing plan. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. 9. The Property Owners or the Developer will be responsible for the design and construction of a deceleration lane on eastbound Cortaro Farms Road at the project's driveway on that roadway, as well as a right-turn lane on northbound Cerius Stravenue at Cortaro Farms Road. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property. Owners 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 this Ordinance. 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. Marana Ordinance No. 2009.06 - 2 - PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this 21St day of May, 2009. ~ ~ {r }~ ~/~~ Honea ATTEST: celyn C ronson, Town Clerk APPROVE,~AS TO-FORM: Frank C~5`sidy, Town At~ey ~~ Matana Ordinance No. 2009.06 - 3 - CONSENT TO CONDITIONS OF ANNEXATION AND REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NOS. 2009.06 AND 2009.09 The undersigned (the "Owners") collectively own al.l of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009. (the "Annexation Ordinance") and Marana Ordinance 2009.0(0 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. NORTHWEST PARTNERS, LLC, an Arizona limited liability company, owns. that portion of the Property described as Lot 1 of Oshrin Park. JENNY ANN MILLER, an unmarried woman, CHARLES MITCHELL MILLER, a married man acting in his sole and separate right, and CAROL JEAN MILLER, an unmarried woman, collectively own the remainder of the Property, described as Lot 2 of Oshrin-Park. The-Property is-the subject-of two pending Town of Marana applications filed on behalf of the ownersannexation case number ANX0808-001 and rezoning case number PCZ- 09005. The Marana Town Council is scheduled on May 21, 2009 to consider the adoption of the Rezoning Ordinance approving rezoning case number PCZ-09005, and is scheduled on June 2, 2009 to consider the adoption of the Annexation Ordinance approving annexation case number ANX0808-001. The Owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance and the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the. approval of the Annexation Ordinance and 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 Annexation Ordinance and the Rezoning Ordinance. The Owners acknowledge that the Annexation Ordinance and the Rezoning Ordinance may be modified by the Town Council, in its sole discretion, prior to their approval. The Owners agree and understand that their waiver of claims as set forth in this Waiver shall be deemed to extend to cover any amendments to the Annexation Ordinance and the Rezoning Ordinance approved by the Town Council unless, not later than 48 hours following the Town Council's ,;r approval of the respective ordinance, one or more of the Owners notifies the Town Clerk, in writing, of their disagreement with the amendment. If one or more of the Owners timely notifies the Town Clerk of such disagreement, the Owners shall not be deemed to have waived claims ~~ with respect only to the amendments; provided, however, that the Town may then rescind both ~, the Annexation Ordinance and the Rezoning Ordinance Rezoning, and if so rescinded, this ,~j. Waiver shall act as a bar to a claim for diminished value based upon rescission of the Annexation pH Ordinance and the Rezoning Ordinance. aG„ This instrument shall not be effective and shall be of no further force and effect if the Town Council disapproves either the Annexation Ordinance or the Rezoning Ordinance. {00014684.DOC /} - 1 - 5/12/2009 3:32 PM FJC QuikTrip Annexation & Rezoning Prop 207 Waiver The Owners also consent to the .recording of this document in the office of the Pima 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 j ~ day of May, 2009. NORTHWEST PARTNERS, LLC, an Arizona limited liability company, BY: Leslie Gifford, Managing tuber ~ N ~1 ~. Jenny Ann Miller Charles Mitchell Miller Carol Jean Miller STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May ~ , 2009 by Leslie Gifford, the Managing Member of NORTHWEST PARTNERS, LLC, an Arizona limited liability company, on behalf of the. LLC. My commission expires: ~~ N,^°hRY PU jp -$ ~- °~ sTAi E of a~izorvA Notary Public County of Pima STARLA M. MITCHELL STATE OF ARIZONA ) My Commission Expires June 8, 2009 SS. ~~•.. County of Pima ) The foregoing instrument was acknowledged before me on May / $ , 2009 by Jenny Ann Miller, an unmarried woman. My ommission expires: o~rcw. ~ '~"- I , ~---~ 1 Z-- ~~ ~• ~~~ Notary Public +q-~a~r vireuc-umzow- PMNCAtNiRY STATE OF ARIZONA ) iryComm. Expires Oct t' 2012 SS. County of Pima ) The foregoing instrument was acknowledged before me on May ~, 2009 by Charles Mitchell Miller, a married man acting in his sole and separate right. My mmission expires: r ~ f ~ CHERY! D. SWANSON Notary Public ivaraRr ~ueuc-nRrzorw STATE OF ARIZONA ) ~~~' SS. ~ ~ Carton. Expires OCL 1,2012 County of Pima ) The foregoing instrument was acknowledged before me on May ~, 2009 by Carol Jean Miller, an unmarried woman. My commission expires: ~~ ~ ~ ~ 1 ~-- ~~' D. S ~ Not Public ~- +ai~r ~auc-u~oNn Paw-cou~m {00014684.DOC /} ~ MpCarrn. Expires OGt21,'l012 5/12/2009 3:32 PM FJC rop 207 Waiver EXHIBIT "A" Lena! Description Quiktrip #1456 A portion of land situated in the Southeast Quarter of Section 26, Township 12 South, Range 12 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows: Lots 1 and 2 of Oshrin Park, acxording to the Plat recorded in Book 25 of Maps and Plats, Page 67, Records of Pima County, Arizona ~~~, Any modification to or omission from this description completely absolves the surveyor from any liability for this description. 07/08/08 Page 1 of 1 0:10801911egals\8019xb01.doc ~~ ~ oQ~ ~W QN N^~ ~ ~ ~ ~ ~ ;~~~~ ._ m ~ V 00 f ~ lO h N M/~l ,SL 0 m °~ N NI W z I Q V M/?l ,5L 0 N ~o 0 N N ~O M ~' 107 W ~~ j N ~ O ~ ~ ~ O ova v N o `O o ~~ a~ N ~ 0 m ({N), 59'L 1Z 3u 8~, l t:00S N Z ~ O O~ Qo O N ~~ N M W O ~ U tiQ ~ ~ ~oo ~..~~o Z 0~~~: O ~ Q ~~ N ~ N O ~ N ~ F O 0 0 N N_ v 3 N oU O) N ~. N N ~ O N Il: ! ,00 5L ~ ~ 4 o dYd~ - 3„ 8b, t ~ OOS ~~ ~ m ~ ~~----------- , / s, I ~, ~ (W), Z8'Z6l M~, 6l, Z4'.OON ~ ~ ~ ~ 3 ~ r, ,80'£'62 M„61,Z£:OON - _~ _~^ ~, ~nN~~ ~-~ls sn~n3~ o ~~~ ,~ =u ~t.l N_ ~ ~ ~V~ ~~ Q U i7 ~ Z~ ~~ r•~ ~ ~ ~~ ~_ E F 0~m6~ ~NT } ~ o E wr'n`~ 8 > ~~ a ~~ ~~ ~~ `tea J "~ a N ~ W r ~ Q ~ ~ Q M W a X w O W m