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HomeMy WebLinkAboutOrdinance 2009.23 Rezoning of Cardinal property near Wade and Ina RoadsF. ANN RODRIGUEZ, RECORDER DOCKET: 13697 RECORDED BY: LLW PAGE: 2188 DEPUTY RECORDER yoF PI16r . `9 NO. OF PAGES : 7 1956 PE-2 ~~0~ ~~~ SEQUENCE: 20092320679 SMARA W ~ ~z 12/03/2009 TOWN OF MARANA ~N \ ~'`~ ORDIN 16:25 ATTN: TOWN CLERK AR\IZO~P 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 9.00 MARANA ORDINANCE N0.2009.23 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 58.4 ACRES OF LAND LOCATED EAST OF WADE ROAD AND APPROXIMATELY ONE-QUARTER (1/4) MILE NORTH OF INA ROAD FROM `R-144' (SINGLE-FAMILY RESIDENTIAL -MINIMUM LOT SIZE OF 144,000 SQUARE FEET) TO `R-36' (SINGLE-FAMILY RESIDENTIAL -MINIMUM LOT SIZE OF 36,000 SQUARE FEET) WHEREAS Charles D. Cardinal and Penny L. Cardinal, husband and wife, on their own behalf and as trustees of the Cardinal Revocable Living Trust, and James E. Duncan, a single man, collectively own approximately 58.4 acres of land located east of Wade Road and approximately one- quarter (1/4) mile north of Ina Road within a portion of the southwest quarter of Section 34, Township 12 South, Range 12 East (the "Rezoning Area") as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Marana Planning Commission held a public hearing on August 26, 2009, and voted unanimously (5-0, with Commissioner Wiles absent and Commissioner Jakab excused), to recommend denial to the Mayor and Town Council of the application for rezoning from R-144 (single-family residential -minimum lot size of 144,000 square feet) to R-36 (single-family residential -minimum lot size of 36,000 square feet), and WHEREAS the Marana Mayor and Town Council held a public hearing on November 17, 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 zoning of the Rezoning Area is hereby changed from `R-144' (single family residential -minimum lot size of 144,000 square feet) to `R-36' (single family residential - minimum lot size of 36,000 square feet). 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 maximum allowable site disturbance within the Rezoning Area shall be forty-five (45) percent of the gross site area after the required dedication for Wade Road. 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. 3. All structures proposed to be constructed within the Rezoning Area shall require evaluation by Marana Ordinance No. 2009.23 -1- the. Northwest Fire District for the inclusion of an automatic fire sprinkler system at the time of building permit application. 4. Any property owner of the Rezoning Area shall be required to process a final subdivision plat to create new lots. 5. The property owner(s) shall dedicate, or cause to have dedicated the necessary additional half- street right-of--way (15 feet) for Wade Road by final plat or upon demand by the Town. The property owner shall be permitted to landscape and maintain the right-of--way adjacent to the Rezoning Area in accordance with the Town's standard license agreement. 6. A water service agreement must be accepted by the Utilities Director prior to the. approval of the Water Plans. 7. A sewer service agreement must be accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 8. All development within the Rezoning Area shall be connected to the public sewer. system at the location and in the manner specified by the entity responsible for wastewater management and the Town Engineer. The property owner(s) 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 preliminary and final plats and sewer plan. 9. No approval, permit or authorization by the Town of Martina 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. 10. If it is determined that such rights exist in the Rezoning Area and are owned by the property owner(s) at the time of the processing of the subdivision plats, the property owner(s) shall transfer with the plat, 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 in the Rezoning Area, the town and property owner(s) shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. 11. Building height within the Rezoning Area shall be restricted to a maximum oftwenty-one (21) feet above surface grade. SECTION 4. Thin 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(s) 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 d 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 Martina Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Martina ordinance No. 2009.23 - 2 - 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 Town Council of the Town of Marana, Arizona, this 17a' day of November, 2009. Mayor E - Honea ATTEST: celyn ronson, Town Clerk APPROVED AS TO FORM: 4=~ ~, !,. ~~.Er'lk Cassidy, Town ney Marana Ordinance No. 2009.23 - 3 - CONSENT TO CONDITIONS OF ANNEXATION AND REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.23 CHARLES D. CARDINAL AND PENNY L. CARDINAL, husband and wife, on their own behalf and as trustees of the CARDINAL REVOCABLE LIVING TRUST, and the owners of a portion of the land referred to in this instrument as the "Property," own that portion described as Pima County Assessor's parcel numbers 221-32-O11B, 221-32-012D, 221-32-018A, 221-32-018B, 221-32-012B, and 221-32-012C, and DAMES E. DUNCAN, a single man, the owner of the remaining portion of the land referred to in this instrument as the "Property" owns the remaining portion described as Pima County Assessor's parcel number 221-32-O11A, all of which are particularly described in Exhibit A attached to Marana Ordinance No. 2009.23 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ-08031, filed on behalf of the owners. The Owners hereby agree and consent to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said 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 said Ordinance. 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 be bound by it. ed this ~ ~ , 'y of N b 009. r' BY: ~' C a es D. Cardinal, s rustee and in his own right Penny L. Ca final, as Trustee and in her own right ~~,iin A. warn STATE OF ARIZONA ) SS. County of Pima ) Notary PabNc A-laona Pima County M!I Commission Expires October, S, 2011 The foregoing instrument was acknowledged before me on November /~~~; 2009 by Charles D. Cardinal and Penny L. Cardinal, husband and wife, and as trustees of the CARDINAL REVOCABLE LIVING TRUST. My com _ fission expires: /b ~ 3~~~' ~~ Notary Public - 1 - 1 ]/9/2009 1:54 PM BDV Wade Road Rezoning Prop 207 Waiver CONSENT TO CONDITIONS OF ANNEXATION AND REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.23 JAMES E. DUNCAN, a single man, and the owner of a portion of the land referred to in this instrument as the "Property", owns that portion described as Pima County Assessor's parcel number 221-32-O11A, and CHARLES D. CARDINAL AND PENNY L. CARDINAL, husband and wife, on their own behalf and as trustees of the CARDINAL REVOCABLE LIVING TRUST, the owners of the remaining portion of the land referred to in this instrument as the "Property," own that portion described as Pima County Assessor's parcel numbers 221-32-O11B, 221-32-012D, 221-32-018A, 221-32-018B, 221-32-012B, and 221-32-012C, all of which are particularly described in Exhibit A attached to Marana Ordinance No. 2009.23 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case PCZ-08031, filed on behalf of the owners. The Owners hereby agree and consent to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said 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 said Ordinance. 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 be bound by it. this day of November, 2009. BY: E. Duncan, Owner STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on November a~/ , James E. Duncan, a single man. My com , Is/~~~D~: ~ mil/ r~r Gtij~~' Notary Public ~ Ti~CEY t>p. YAN'T SANT -.a,^., Notary Public -Arizona -~~ ~ Puna County My Commission i:xpires _ 1 _ ~ ~ April 1~' 2053 Wade Road Rezoning Prop 207 Waiver 11/9/2009 I:55 PM BDV ~+~0 EXHIBIT A Legal Description (rezoning area Marana case PCZ-08031) The Northwest quarter and the West half of the Northeast quarter of the Southwest quarter of Section 34, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the west 327 feet of the South 100 feet of the north 130 feet of the Northwest quarter of the Southwest quarter of said Section 34. Consisting of 58.4 acres. ~rther identified as Pima County Tax Parcels: 221-32-O11A, 221-32-O11B, 221-32- 012B, 221-32-012C, 221-32-012D, 221-32-018A, 221-32-0I8B. Not included 221-32- 0100. {see parcel map below) ,a, EXHIBIT A Legal Descriglion (rezoning area Marana case PCZ-08031) The Northwest quarter and the West half of the Northeast quarter of the Southwest quarter of Section 34, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the west 327 feet of the South 100 feet of the north 130 feet of the Northwest quarter of the Southwest quarter of said Section 34. Consisting of 58.4 acres. Further identified as Pirna County Tax Parcels: 221-32-O11A, 221-32-O11B, 221-32- 012B, 221-32-012C, 221-32-012D, 221-32-018A, 221-32-018B. Not included 221-32- 0100. (see parcel map below)