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Home My WebLink AboutOrdinance 2009.16 Rezoning land for the Marlund CompanyF. ANN RODRIGUEZ, RECORDER DOCKET: 13646 RECORDED BY: LLW PAGE: 51 DEPUTY RECORDER 1956 PE-2 of PSI ~q ~~ I ~O NO. OF PAGES: SEQUENCE : 3 20091810013 ~ i ~ SMARF'• W y 09/18/2009 ~ TOWN OF MARANA Y~\ ~b ORDIN 08:28 ATTN : TOWN CLERK '~ItIZO1Zp' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0.2009.16 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 4.8 ACRES OF LAND FROM C (LARGE LOT ZONE) TO HI (HEAVY INDUSTRIAL) FOR THE MARLUND CO., L.L.C. ON THE EAST SIDE OF BREAKERS ROAD, APPROXIMATELY ONE-QUARTER MILE SOUTH OF TANGERINE ROAD WHEREAS, Marlund Co., LLC is the property owner of approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-quarter of a mile south of Tangerine Road in a portion of Section 5, Township 12 South and Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on June 24, 2009, and at said meeting voted to recommend, by a unanimous 7-0 vote, that the Town Council approve said rezoning, with 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 July 21, 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 proposed rezoning of the Rezoning Area 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. The 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. 3. Prior to the Town's issuance of a Certificate of Occupancy for any structure within the Rezoning Area, Breakers Road easement must be paved with 24 feet width of pavement from Tangerine Road to the Rezoning Area's southernmost 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 a~ Marana Ordinance 2009.16 - 1 - .-~, r 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. 4. 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 owner's expense. 5. Any property owner of the Rezoning Area shall be required to process a final subdivision plat to create any new lots. 6. 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, or relieves the applicant or the land 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 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. 7. The Rezoning Area shall not be used for asolid-waste transfer facility. 8. Building heights in the Rezoning Area are restricted to a maximum of 35 feet. 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. § 121134) 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. 2009.16. 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 of this Ordinance. „s ~ ~ ~oa~ f~3 „~; Mayor Ed Honea r~ f aGZ-Jocelyn C. Bronson, Town Clerk APPROVEj~ AS T~ FORM: ,~f~~ s Funk Cassidy, Town At rney ~ ~~ ~' J" Marana Ordinance 2009.16 - 2 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. EXHIBIT "A" Legal Description of Rezoning Area Approximately 5 Acres located in the South Half of the Northwest Quarter, of the Southeast Quarter, of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Marana, Arizona. F. ANN RODRIGUEZ, RECORDER DOCKET: 13646 RECORDED BY: LLW DEPUTY RECORDER 1956 PE-2 SMARA TOWN OF MARANA y°~ ~I~q ~~ ~~o w~ ~~z ~N~ ~ ~'`s PAGE: NO . OF PAGES : SEQUENCE: CONSEN 36 1 20091810007 09/18/2009 08:28 ATTN: TOWN CLERK ~RIZO~Q' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 5.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.16 MARLUND Co., L.L.C., an Arizona limited liability company (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. 2009.16 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-07131, filed on behalf of the Owner, which the Marana Town Council approved with conditions on July 21, 2009 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 waives 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 _~,~_7_'T, 2009. MARLUND CO., L.L.C., an Arizona limited liability company By'- ~~ - Michael J. Kauffman, Manager STATE OF ARIZOI~TA } SS County of Pima } The foregoing instrument was acknowledged before me this day a , 2009 by Michael J. Kauffinan, Manager of Marlund Co., L.L.C., an Arizona limited liabi ity company, on behalf of the company. Notary Public My commission expires: ~ALiLA ~. q®M~R® NOTARY PUBLIC -ARIZONA FNMA COUNTY ~ My Commission Expires ~,Novemk~ar 30,x,2010 ~,a._... ~~ ~ru i3reakers to@usUia3 Park Prop 207 waiv~r.dUC