HomeMy WebLinkAboutOrdinance 2009.07 DENIED Rezoning land for Advantage MaterialsF. ANN RODRIGUEZ, RECORDER DOCKET: 13573
RECORDED BY: MRB PAGE: 692
DEPUTY RECORDER
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SMARA w '_~z 06/05/2009
TOWN OF MARANA ~'C~ ~ ~"~ ORDIN 13:57
ATTN: TOWN CLERK 9I~~p1SQ'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2009.07
RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 4.8 ACRES OF LAND
LOCATED ON THE EAST SIDE OF BREAKERS ROAD EASEMENT, APPROXIMATELY
ONE-THIRD OF A MILE SOUTH OF TANGERINE ROAD FROM `C' (LARGE LOT ZONE) TO
`HI' (HEAVY INDUSTRIAL) FOR ADVANTAGE MATERIALS
WHEREAS, Advantage Materials, LLC is the property owner of in a portion of Section 5,
Township 12 South and Range 12 East, as depicted on Exhibit "A" attached to and incorporated in
this Ordinance by this reference (the "Rezoning Area"); and
WHEREAS, the Marana Planning Commission held a public hearing on Apri129, 2009, and
at said meeting voted to recommend, by a unanimous vote 6-0, that the Town Council approve the
rezoning, adopting the recommended conditions; and
WHEREAS, the Marana Town Council held a public hearing on the rezoning on May 20,
2009, and determined that the 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 rezoning of approximately 4.8 acres of land as described below 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
`HI' (Heavy Industrial).
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 Town Codes, Ordinances, and policies of the General Plan
current at the time of development including, but not limited to, requirements for public
improvements.
2. A development plan and related improvement plans for this property shall be submitted for
review within 6 months of Town Council approval of the rezoning. The property owner must
diligently pursue the completion acceptance of the development plan.
3. No final certificate of occupancy will be issued for any building in the rezoning area until a
development plan has been reviewed and accepted by the Town of Marana.
Marana Ordinance 2009.07 - 1 -
4. The property owner must dedicate 30-feet ofright-of--way along the entire western property line
for Breakers Road upon demand of the Town or prior to approval of the development plan.
5. Prior to the Town's issuance of a certificate of occupancy for any structure within the Rezoning
Area, Breakers Road easement must be paved 24 foot wide from Tangerine Road to the
Rezoning Area's southern most access point with across-section acceptable to the Town
Engineer. The property owner shall maintain the section of roadway constructed by the property
owner to standards generally consistent with those of public roadways. If an improvement
district is formed by the Town for construction, improvement and/or maintenance of the roadway
in Breakers Road easement, the property owner shall not protest the formation of the
improvement district; and the property owner's fair share contribution to the improvement
district shall be credited to the extent of the cost of permanent Breakers Road improvements
constructed by the property owner.
6. Archaeological clearance shall be obtained before grading permits will be issued and before any
construction activities can commence. Clearance will not be granted until all requirements of
Title 20 of the Town of Marana Land Use Code have been completed to Town standards, and to
the satisfaction of the Town of Marana Cultural Resources Manager. All archaeological work
must be performed by a professional archaeologist who meets the requirements as listed in Title
20, Section 20.04.
7. The property owner shall connect to municipal water and/or sewer lines once water and/or sewer
lines are located within 300 feet, or as required by code, of the Rezoning Area. This connection
shall be done at the property owner's expense.
8. No lot split of any kind is allowed without written consent of the Town of Marana.
9. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or
property owner to violation of any applicable federal or state law or regulation, nor relieves the
property owner from the responsibility to ensure compliance with all applicable federal and state
laws and regulations, including the Endangered Species Act and the Clean Water Act. The
property owner 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.
10. The Rezoning Area shall not be used for asolid-waste transfer facility.
11. All stockpiled sand, gravel, and dirt materials shall be removed from the Rezoning Area not later
than June 20, 2010, and no processing of these materials shall occur on the Rezoning Area from
and after that date.
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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 owner 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
Marana Ordinance 2009.07 - 2 -
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
21St day of May, 2009.
ATTEST:
lyn C. B nson, Town Clerk
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Mayor E Honea
APPROVERS TO FORM:
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-'Fr Casdy, Town Atto ey
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Marana Ordinance 2009.07 - 3 -
EXHIBIT A
REZONING AREA
The West half of the Southwest Quarter of the Southeast Quarter
of the Northeast Quarter of Section 5, Township 12 South, Range
12 East, G&SRB&M, Pima County, Arizona;
EXCEPT the North 25 feet thereof.
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Viviana Torres
From: Cedric Hay
Sent: Thursday, October 13, 2011 10:45 AM
To: Viviana Torres
Subject: RE: Advantage Material
Since the ordinance is void unless the prop 207 waiver has been recorded we can leave it without any additional
action.
Cedric Hay, Senior Assistant Town Attorney
Town of Marana
11555 W. Civic Center Dr
Marana, Arizona 85653 -7002
(520) 382 -1980
From: Viviana Torres
Sent: Thursday, October 13, 2011 10:00 AM
To: Cedric Hay
Cc: Kevin Kish
Subject: RE: Advantage Material
Hi Cedric,
still have the recorded Ordinance from 2009 in my office. Did we ever decide how to "un- record" this or were
we just going to leave it?
Thanks,
-Vwia uE rorre4 --
From: Kevin Kish
Sent: Tuesday, August 23, 20115:01 PM
To: Viviana Torres
Subject: RE: Advantage Material
I thought we already did?
Ke*(4vvK4
From: Viviana Torres
Sent: Tuesday, August 23, 20114:56 PM
To: Kevin Kish
Subject: RE: Advantage Material
Perfect, thanks for letting me know! Are we going to do anything about the recorded ordinance?
— Vwia*wt,JZ. ro-rree—
From: Kevin Kish
Sent: Tuesday, August 23, 20114:55 PM
To: Viviana Torres
Subject: RE: Advantage Material
Viviana,
Cedric coordinated a meeting with their legal council to discuss the status of the site and violations,
so I guess it is still being discussed as to the options. So at least we have started to move on this
item.
X"v 4zKZWv
General Manager
Development Services
From: Viviana Torres
Sent: Tuesday, August 23, 20114:24 PM
To: Kevin Kish
Subject: RE: Advantage Material
HI me again, are we still waiting? I figure I'd check in O
Thanks,
—Vwfa 1ZL11Z. Torre*
From: Kevin Kish
Sent: Friday, August 20, 2010 2:47 PM
To: Viviana Ruiz
Subject: RE: Advantage Material
Applicant is non - responsive, I will need to forward and work with legal on this. So we need to keep
waiting.
Thanks,
K"'(fVK40k
General Manager
Development Services
From: Viviana Ruiz
Sent: Friday, August 20, 2010 12:34 PM
To: Kevin Kish
Subject: RE: Advantage Material
Hi.
Doing another office catch -up /clean -up. Just checking in on this again — anything yet or should I just keep
waiting?
- V0vLa*Lcv1Z
From: Kevin Kish
Sent: Tuesday, March 09, 2010 9:47 AM
To: Viviana Ruiz
Subject: RE: Advantage Material
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Still on hold waiting for additional materials from applicant to take back to council.
KP.vt4vK4Wv
General Manager
Development Services
Town of Marana
11555 W. Civic Center Drive
Marana, AZ 85653
(520) 382 -2647
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To ensure compliance with the Open Meeting Law, recipients of this message should not forward it to other
members of the Council. Members of the Council may reply to this message, but they should not send a copy
of the reply to other members.
From: Viviana Ruiz
Sent: Monday; March 08, 2010 4:20 PM
To: Lisa Shafer; Kevin Kish
Subject: Advantage Material
Hello,
Just trying to clean up my office a bit and I noticed this is still sitting in my "pending" box. Did
anything ever happen with this? Is it still on hold?
Thanks,
Viviana
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