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HomeMy WebLinkAboutOrdinance 2009.20 Rezoning for Marana Mercantile' ~ F. ANN RODRIGUEZ, RECORDER .DOCKET: 13680 RECORDED BY: MRB PAGE: 692 DEPUTY RECORDER 1 ~y og ~I "`9 ~~ ~~~ NO. OF PAGES : SEQUENCE: 6 20092150201 1562 PE- ~ S~ W ~z fi ~ 11/06/2009 TOWN OF MARANA `t' ~'`~ ORD IN 14:4 9 ATTN: TOWN CLERK `~k~01'Z¢' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.50 MARANA ORDINANCE N0.2009.20 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR MARANA MERCANTILE, ON APPROXIMATELY 39.09 ACRES LOCATED WEST OFTHE I-10 FRONTAGE ROAD AND NORTH OF MARANA ROAD WHEREAS, DTD-Devco 10, L.L.C., is the owner of approximately 39.09 acres of property located west of the I-10 Frontage Road and north of Marana Road within a portion of Section 21, Township 11 South, Range 11 East, as described on Exhibit A attached to and incorporated by this reference in this Ordinance (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on October 15, 2008, and at said meeting voted 6-0 (Commissioner LaPage-Wood excused) to recommend that the Town Council approve this rezoning; 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 3, 2009, and have determined that this rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. This rezoning complies with the General Plan. SECTION 2. The zoning of the Rezoning Area is hereby changed from "R-144" (Residential -144,000 square foot minimum lot size) and "HI" (Heavy Industrial) to "VC" (Village Commercial) on the 39.09 acres of land located west of the I-10 Frontage Road and north of Marana Road. SECTION 3. The intent of this rezoning is to allow the development of a retail center. 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): 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. No lot split of any kind is allowed without the written consent of the Town of Marana. 3. 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 Marana Ordinance No. 2009.20 Page 1 of 4 ~. 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. 4. The Developer shall. adhere to the Commercial Design Standards found in Title 8 of the land Development Code as well as the Design Guidelines found in the Appendix of the Site Analysis document. 5. The Developer shall dedicate, or cause to have dedicated, the necessaryright-of--way for Marana Road, which shall consist of all of the Rezoning Area located south of the northright-of--way line of Marana Road as depicted on development plan DPR-09031 as it is approved through the normal development review process. The Developer shall be permitted to landscape and maintain theright-of--way adj scent to the portion of the Rezoning Area retained by the Developer after this right-of--way dedication in accordance with the Town's standard license agreement. 6. The Developer's contribution to the cost to design and construct transportation improvements required to serve the Rezoning Area and as required by this condition are satisfied by the Marana Mercantile Development Agreement (the "MMDA") for so long as the MMDA is effective and the Developer is not in default under the terms of the MMDA. Nothing in this paragraph limits the Town's authority pursuant to Title 48 of the Arizona. Revised Statutes to undertake the formation of an improvement district for transportation improvements which, if properly approved, includes the Rezoning Area within the district boundaries. In the absence of the MMDA the following conditions shall apply: (a) General. The Developer shall contribute its proportionate share, based on aTown-approved traffic impact analysis, to the cost to design and construct all transportation improvements required to serve the Rezoning Area. As used in this condition, the Developer's "proportionate share" means an amount not to exceed the Rezoning Area's impact relative to the entire benefit area of the improvements as established by atown-approved traffic impact analysis. (b) Concurrency. To assure concurrency between any development and the then-needed, necessary transportation improvements, no certificates of occupancy shall be issued for any construction on the Rezoning Area unless and until completion of all transportation improvements necessary for safe access to and from the construction (c) Reimbursement. To the extent the cost to construct improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement or any other available reimbursement procedure or mechanism. As provided by A.R.S. § 9-463.05, the cost of any transportation improvements constructed by the Developer for which the town has adopted a development impact fee shall be credited against transportation impact fees payable for development within the Rezoning Area. 7. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. However, the Developer's completion of the traffic study and related improvements as required for development of the. Marana Mercantile project in substantial conformance with the first M o~„an~e No. Zoo9.2o Page 2 of 4 submittal of development plan DPR-0903.1 (currently on file with the Town) satisfies this condition of rezoning for so long as background traffic assumptions and conditions do not materially change. Assuming the MMDA is approved and for so long as the MMDA is effective and the Developer is not in default under the terms of the MMDA, the MMDA fully satisfies this condition of rezoning, provided that the Marana Mercantile project is developed in substantial conformance with the first submittal of development plan DPR-09031 (currently onfile with the Town) and the Developer finalizes the traffic study required for that development plan. 8. Final acceptance of the proposed shoo-fly connection from Marana Road to the frontage must be accepted by the Town of Marana and El Paso Natural Gas. 9. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of water plans. 10. A sewer service. agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the sewer plan. 11.Installation of anon-potable system shall be required to serve the common open space areas and other landscaped amenities as accepted by the Town of Marana. 12. If it is determined that such rights exist on the Rezoning Area and. are owned by the Developer at the time of the development plan, the property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and Developer/Landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. ' 13. Prior to issuance of any grading permits, the Developer shall resolve any outstanding cultural resources issues. 14. The architectural elevations of the Walmart included within the Site Analysis document have been reviewed by Staff against the Commercial Design Standards in Title 8 of the Land Development Code and shall not be significantly altered to reduce or remove any of the architectural elements as depicted unless approved in writing by the Town's Planning Director. 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 within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Mauna Ordinance No. 2009.20 Page 3 of 4 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, 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 3'~ day of November, 2009. :~ ~ vt- Mayor Ed onea ATTEST: ocelyn .Bronson, Town Clerk APPROVED AS TO FORM: F ~fiSS~dy, Town Atto e Ma-ana Ordinance No. 2009.20 Page 4 Of 4 EXHIBIT A PARCEI. 1 That portion of the East half of the Northeast quarter of S.ectlon 21 Township 1 i South Range 11 East, Gila and 5att River Base and Meridian, Pirna County, Arizona, described as follows, to wit: Commencing az a pointon the east like of said Section, dis€iint 174~k €est southerly from the corner common to.Seciions 15, 1.6, 21 and 22, in said Township and Range; Thence North 49°36' West 403.0.0 feet to a point; ' Thence West 93 feet to a pairyt; Whence South 668 feet to a point; Thence East 400 feet to the east line of said Section 21; Thence Northerly along the east fine of said Section 21, a distance of 407 #eet ~o the place of beginning.. ' EXCEPTING THEREFROM that portion lying within the boundaries of the Interstata 10 ialso known as the Tucsori-Casa Grande Highway, also known as the Tucson-Picacho Highway}•, as it riow exists, shown on those certain A.D.O.T. plans dated September 6, 1960, Projec# No. I-10-4 {2fi} 231 and in Pima County, Project F.3,94 according to the map.thereaf filed for record in the offics of the Caunty.Recard'er of Pirna Cqunty, Arizona on June 6, 1950, ins#rument ifF17973. PARCEL 2 TI3at portion of the Northeast quarter of Section 21 Township 11 South Range 1 i East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: All of the East $4.7 feat of the East half of the Northeast quarter of Section x 1 lying South of the S6utltwest right of way tine of Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway}, as it now exists, shown on those certain A.D.O.T. plans da#ed Septerriber 6, 19$0, Project I-10-4 (26} 231 and in Pima County, project F.t. 94 according •to the map thereof filed for record in the office of the County Recorder of Pima County, Arizona on June 6, 1350, instrument #17973. EXCEPTING THEREFRO[Vithat portion lying within Trico Marano Road as estab€ished as Road No. 144 on December 6, 1925, by the Pima County Baarr4 of Supsrvisors. FARTHER EXCEPTING THEREFROM that parcel conveyed to Western Cotton OiI Ca. by Deed dated November 10,1950 and recorded November 16, 1950 in Docket 30'0 at;sage 540; FURTHER EXCEPTING THEREFROM that portion conveyed to the State of Arizona by and 1 through its Department ofTransportation by Warranty Deed dated December 13,1992recorded May 11, 1993 in Docket 9539 at page 369. - PARCEL 3 The West 533 feet of the East 138D feet of that portion of the Northeast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying South of the southwesterly right of way line oflnters#ate 10 {also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway) as it now exists, shown on those certain A.D:O.T. plans dated Septemter 6, 1960, Project No. f-10-4 {26) 231 and in Pima County, Project. l=~.1. 94 according to the map thereof flied for record in the office of the•County Recorder of Pima County, Arizona on June 6, 1950,1nstrument #f17973 EXCEPTING THEREFROMthat portion lying within Trico Martina Road as established as Road No. 144 on December 6, 1926 by the Pima County Board of Supervisors. PARCEL 4 .That part of the West 300 feet of the East 1680 feet of the Northeast quarter of Sec#ion 21 Township 11 South Range 11. East, Gila and Sait River Base and Meridian,. Pima_.Ccunty, Arizona, Jying South and West of the southwesterly right of way'line of Interstate 10 {also known as the Tucson-Casa ,Grande Highway, also known as the Tucson=Pacache H'sghwayj as it now exists, shown on those certain A. D.O.T. plans dated September 6, 196Q, Project~No. 1-10-4 {26) 233 and in Pima Courny, Project F.I. 94 according #o the map"thereof filed for record in the office of the County Recorder of Pima County, Arizona on June 6, 195.0., Instrument ~r17973 EXCEPTING TNEREt=ROM that portiarr lying within Trico Martina Read as established as Road No. 144 on December fi, 1926 by the Pima County Board of Supervisors. F. ANN RODRIGUEZ, RECORDER DOCKET: 13680 RECORDED BY: MRB PAGE: 689 DEPUTY RECORDER °F ~I ~~y ~ ~~O NO. OF PAGES : UENCE: SE 3 20092150200 1562 PE-1 ~ ~ Q SMARA w i ~x 11/06/2009 TOWN OF MP.RANA ~~ ~'b CONSEN 14:49 ATTN: TOWN CLERK '91~~p13p' 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.20 DTD-DEVCO 10, L.L.C., an Arizona limited liability company, (the "Owner") owns the land referred to in this instrument as the "Froperty," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009.20 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08013, filed on behalf of the Owner, which the Marana Town Council approved with conditions on November 3, 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 waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § l2-l l34 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owners also consent 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 I ~Dvea~~~ri , 2009 The "Owner": DTD-DEVCO 10, L.L.C., an Arizona limited liability company By: DTR1, L.L.C., an Arizona limited liability company, Manager Gary S. Elbogen, Authorized Agent Date: ~ ~ ~ 3 ~ o q yp,, STATE OP ARIZONA SS County of Maricopa ) The foregoing instrument was acknowledged before me on by Gary S. Elbogen, the ~~~, Authorized Agent of DTRl, L.L.C., an Arizona limited liability company, Manager of DTD- DEVCO 10, L.L.C., an Arizona limited liability company n behalf of the compare . My commission expires: / ~ ? ~ r / ~ Notary Public OEIHNiE G I i+bcary P~Iic -Arimna M~icppa County Expires 01/31/2013 {ooo i ~ ~ ~3.ooc i} EXHIBIT A PARCEL 1 That portion ofithe Eas# half of the Northeast quarter of Section 21 Township 1 1 South Range 19 East, Gila and Salt River Hase and Meridian, Pima County, Arizona, described astoilaw5, to wit: Commencing at a point on the east line of said Section, distant 1744 feet southerly from the corner ocmman to -Sections 15, 1.6, 21 and 22, in said Township and Range; Thence North 49°36' West 403.00 feet to a point; Thence West 93 feel to a point; • Thence South 668 feet to a point; Thence East 400 feet to the east tine of said Section 21; Thence Northerly along the east line of said Section 21, a distance of 407 feet ~o the place of beginning.. ' EXCEPTING THEREFROM that portion lying within the boundaries of the Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picac3-ao Highway}; as it rtow exists, shown on those certain A,D.O.T, plans dated September 6, 1960, Project No. I-10-4 (26} 231 and in Pima County, Project F.1.94 according to the map•theraof filled for record in the office of the County. Recorder of Pima Goun#y, Arizona on June 6, 1950, Instrument #17973. PARCEL 2 That portion of the Northeast quarter of Sec#ion 21 Township 11 South Range 'I 1 East, Gila and Salt River Base and Meridian, Pima• County, Arizona, described as follows: Rll of the East 84.7 feet of the East half of the Northeast quarter of Section 21 lying South of the S6uthwest right of way iirie of Interstate 10 (also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway}, as it noinr exists, shown on those certain A.D,O.T, plans dated September 6, 1860, Project I-10-4 (26} 231 and in Pima County, Project F.€. 94 according •to the map thereof filed for record in the office of the' County Recorder of Pima County, Arizona on June 6, 1950, Instrument #17973. EXCEPT€NG THEREFROM that portion lying within Trico Marano Rnad as established as Road No. 144 on December 6, 1926, by the Pima County Board of Supervisors. FURTHER EXCEPT€NG THEREFROM that parcel conveyed to Western Cotton Oil Ga. by Deed dated November 70., 1950 and recorded November 16, 1950 in Docket 30'0 at rage 540; FURTHER EXCEPT€NG THEREFROM that portion conveyed to the State ofi Arizona by and through its Department of Transportation by Warranty Deed dated December 8, 1992recordsd May'41, 1993 in Docket 9539 at page 369. PARCEIr 3 The blast 533 feet of'ihs East 13$0 feet of that portion of the Nor#heast quarter of Section 21 Township 11 South Range 11 East, Gila and Salt River $ase and Meridian,-Pima County, Arizona, lying South of the southwes#eriy right of way line of ]nterstate 10{'also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway} as it now exists, shown on those certain A.D:O.T, plans dated September 6, 1960, Project No. 1-10-~ i26} 231 • and. in Pima County, Project. F.I. 94 according to the map thereof filed for record in the office of the•County Recorder of Pima County, Arizona on June 6, 1950, instrument i~17973 EXCEPTING THEREFROM that portion lying within Trico Marana Road as established as Road iVo. 144 on December 6, 1926 by the Pima County Board of Supervisors, PARCEL 4 That part of the West 300 feet of the East 1680 feet of the Northeast quarter of Section 21 Township 11 South Range 1 1. East, Gila and Salt River Base and Meridian,. Pima. County, Arizona, lying South and West of the southwesterly right of way'line of interstate 10 {also known as the Tucson-Casa Grande Highway, also known as the Tucson-Picacho Highway} as it now exists., shown on those certain A.D.O.T. plans dated September 6, 1960., Project'No. 1-10-4 (26} 23i and in Pima Courny, Project F,I. 94 according to the map thereof #iled far - record in the office of the County Recorder of Pima County, Arizona on June 6, 1950, Instrument #(17973 EXCEPTING THEREFROM that pardon lying within Trico Marana Road as established as Road J No. 144 on December 6, 1926 by the Pima County Board of Supervisors.