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Home My WebLink AboutResolution 97-086 development agreement for auto zoneF. ANN RODRIGUEZ, RECORDER RECORDED BY: RAA DEPUTY RECORDER ROOE SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251N LON ADAMS RD MARANA AZ 85653 DOCKET: 10644 PAGE: 3?9 NO. OF PAGES: 2 SEQUENCE: 9?162559 10103197 RES 11:11:00 MAIL AMOUNT PAID $ 8.00 MARANA RESOLUTION NO. 97-86 A RESOLLrl]ON OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEIVI2ENT BY AND BETWEEN THE TOWN OF MARANA AND AUTOZONE, INC. FOR THE PURPOSE OF OUTLINING THE CONDITIONS OF DEVELOPMENT AND SETTING UP A REIMBI/RSEMENT MECHANISM FOR COSTS OF PUBLIC INFRASTRUCTURE AND TRAFFIC IMPROVEMENTS ON THE NORTHEAST CORNER OF INA ROAD AND MEREDITH BOULEVARD INCURRED BY THE DEVELOPER. WHEREAS, AutoZone, Inc. is the owner and developer of approximately .985 acres located at the northeast comer of Ina Road and Meredith Boulevard; and WHEREAS, AutoZone, Inc. intends to develop the property and construct public infrastructure; and WHEREAS, a Development Agreement between the Town and AutoZone has been dratted for the purpose of outlining the conditions of development and setting up a reimbursement mechanism for costs of public infrastructure and traffic improvements on the northeast comer oflna Road and Meredith Boulevard incurred by the Developer; and WHEREAS, the Planning Commission held a public hearing on July 30, 1997 in order to review the proposed Development Agreement regarding the AutoZone, Inc. development, and unanimously recommended approval of the Development Agreement; and WHEREAS, it has been determined by the Mayor and Council of the Town of Marana, that the Development Agreement between the Town of Marana and AutoZone, Inc., should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Development Agreement between the Town of Marana and AutoZone, Inc. for the purpose of outlining the conditions of the development and setting up a reimbursement mechanism for reimbursement for public infrastructure and traffic improvements on the northeast comer ofina Road and Meredith Boulevard, is approved and the Mayor is authorized to execute the Development Agreement on behalf of the Town. Mararia, Arizona Resolution No. 97-86 Page I of 2 106 . , 379 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of September, ! 997. ~rk ~-~PPRO~ED kS~O FORM: Mayor ORA '~MA~~ Mararug Arizona. R~solution No. 97-86 Page 2 of 2 106~,~ 380 F. ANN RODRIGUEZ, RECORDER RECORDED BY: RAA DEPUTY RECORDER 2484 ROOE SMARA TOWN OP MARANA ATTN: TOWN CLERK 13851N LON ADAMS RD MARANA AZ 85653 DOCKET: PASE: NO. OF PASES: SEQUENCE: AG MAIL AMOUNT PAID 10644 381 16 9?168560 10/03/97 11:11:00 $ 13.50 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement") is made as of this day of ~(26;05T', 1997, by and between the TOWN OF MARANA, an Arizona municipal corporation (hereinafter "Town"), and AutoZone, Inc., a Nevada corporation (hereinafter "AutoZone"). W1TNESSETH WI~EREAS, AutoZone has acquired fee simple title to certain real property located within the boundaries of the Town, at the intersection oflna Road and Meredith Boulevard, 0.985 acres in size, and more particularly described on Exhibit "A" and outlined on Exhibit "B" (hereinafter "AutoZone Parcel"); and WI:IEREAS, AutoZone applied to the Town for a change of zoning of the AutoZone Parcel from CO (Commercial Office) to NC (Neighborhood Commercial), and a public heating on this request for change of zoning was held by the Town Planning and Zoning Commission on November 29, 1995, and by the Town Council on lanuary 2, 1996; and WI~REAS, at the public heatings before the Planning and Zoning Commission and Town Council, AutoZone represented that the site was planned for a retail automotive parts store with off-premises installation; and WI:IEREAS, the Town Planning and Zoning Commission and Town Council were concerned that increased traffic at the intersection oflna Road and Meredith Boulevard would create a need for a traffic light and modifications to the median on Meredith Boulevard; and WI:tEREAS, the Town Council determined that the change of zoning should be granted, with conditions, and the change of zoning was granted by Ordinance No. 96.04 on lanuary 2, 1996; and WI~EREAS, the AutoZone Parcel was granted a variance from the required minimum lot size of one (1) acre for NC Zoning; and WItEREAS, the AutoZone Parcel was granted NC Zoning with the following stipulations: AutoZone will use reasonable efforts to comply with the Police Department's Page 1 of 6 Pages of this document may not reproduce adequately on film. 106 ,q. 381 shall be entitled to substantial modifications to the Site Plan as approved by the Town Planning Director and Town Engineer. 3. AutoZone shall meet all the Town Engineer's concerns as set forth in Exhibit "C". 4. The Town generally agrees that access to the AutoZone Parcel from Meredith Boulevard shall be provided as set forth on the Site Plan, sheet C1.0 and approved by the Town. 5. As part of the development of the AutoZone Parcel, financial responsibility shall be provided as provided hereinafter: All improvements to Ina Road and Meredith Boulevard which provide access to the AutoZone Parcel shall be at the sole expense of AutoZone. AutoZone's contribution to the cost of the design and installation of the Ina/Meredith traffic signal shall be FORTY THOUSAND ($40,000.00) DOLLARS payable to the Town upon execution of this Agreement and issuance of a building permit for construction of the AutoZone retail parts store. The Town shall be responsible for, and shall pay for, all future maintenance, operation and improvements to the traffic control device, including the replacement of poles. 6. No person or entity who is not a party to this Agreement shall be considered a third-party beneficiary to this Agreement. 7. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to: Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 Attn: Hurvie Davis Daniel J. Hochuli and Associates 3275 West Ina Road, Suite 109 Tucson, Arizona 85741-2152 Attn: Daniel J. Hochuli, Esq. IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. TOWN OF MARAN& An Arizona municipal corporation Mayor ATTE: Town C APPRC ~ TO FORIVi AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona and 1Ya n~7//-I/o~ h.91~,, Esq. A~iSr the Town of Marana AutoZone, Inc., A Nevada Corporation By: 7~dt'~' xx Title: Executive V~:e Presklent 386 P. 02/03 i 06L~L~ 388 EXHIBIT "B" EXHIBIT "C" L III. V. VI. VII. VIII. AOENDA TOWN OF MARANn PLANNING COMMISSION MARCH 27, 1996, 6:30 P,M, CALL TO ORDER PiEEDGE OF ALLEGIANCE I~VOCATIONIMOMENT OF SILENCE I?GEPTANCE OF MINUTES Fobfussy 28, '1996, Planning Commission Mee§ng CALL TO THE PUBLIC ~t tfiis time, any member of tfie public is allowed to address tile Planning & Zoning Commission on ~ny issue not already on ~o'nlghCa agenda. The spaalter may have up to three (3) minutes to ~peak. Any persons wishing to address the Com~ssion must complete a speaker card (located at the rear o! the Commis~ion Chambers) end da[Iver il to the Clad( 'prior to this agenda item being ~:alled. Pur~krant to tile Alizona Open Meeqing I.~w, the spcakor'a comments may not be ;~osstdered, d;,scassed, er even answered by the Commission at this rn~etJng, but may, at the Iisc~etion of ~ Tovm, be placed on a future agenda fo~ discussion/action. GENERAL ORDER OF BUSINESS A. Consent Agenda The ;x~t~ent age~la contains agenda items requiring aciion by the Commission that are gensrally toutice Items not requiring Commission discussion. A single roeUgh will approvo all Horns on the canseAt agetide, including any resolutions or ordinances. A Commissioner may remove ally issue fTem ~e co~lssnt agenda, and that issue will be discussed and voted upon separately, Immadi;Lte~y fullowing the cansant agerids. · l..Continental Ranch Parcel 28, PPR 9612: Application for final review and approval of a single family detached home subdivision preliminary plat. 2. Penrod Horse Training Stable and Residence - OPR 9604: Applk:aUon for a i~orse training stable aM residence located in a Technical Park Zone within the Artway Farms Spedtic Plan: 3, CentuW MaintenanCe ~ DPR 9~05; 20,000 sq. ft. office/warehouse facility for wholesale sales and disCburn of air conditioners and building maintenance suppiles. 4. Red Roof Inn - DPR 9602: Application for review and approval of development plan for a hotel located et the Northwest comer of West Ina Road and Inba. rstate 10. $. E~on Service Station. DPR 96-031 Application for review and approval of development plan for a convenience station/gas station/car wash located aI the Northwest corner of West Ins Road and Meredith Blvd. 390 6. ~uto~'nne -~PR ~614: Application for ~nal review and approval of site p;an for a retail auto parts store per Ihe o:~litions of the previous rezone application granted. Proposed site is located at the Northeast corner ofWest Ina Road and Meredith Bird. Public Healing and Commleelon Action Qpeningre..ma,~. by en app~cant should not exceed ten minutes. Comments by oreere snou~a not exceed three minutes, '1. Reilly Rezone - PCZ-9606'. Application to re~one an acre parcel f~om Zone ('l'mnsportatJon Corridor Zone) to Zone 'R-36' (Single Family Residential, minimum lot size of 36,000 sq. fl.). 2. Town Initiated Rezone. PCZ-9613a: Application to rezone a 37,3 acre parcel from Pima County classification '$R' (Subur'oan Ranch, minimum lot size 144,000 sq. ~-) to 'R-1~14' (single family resiclentJal, minimum lot size '144,000 sq. ft.). 3, Cas~ Royale Rezone - PCZ-9B'13b: Appllcafon to rezone a 37.3 acre parcel from zone 'R.144' (Single family residential, minimum lot size 144,000 sq. if.) to zone "R..3~' (S{ngt'e fam~ residential, minimum k)t s~..e 36,000 sq. ft., cluster development). C. Planning Administrator's Report IX. FUTURE AGENDA ITEMS ADJOURNMENT THE NEXT REGULAR PLANNING COMMISSION MEETING WILL lee HELD AT: 6:30 P.M. on Wednesday April 24, 'lggB, at The Mar-~na Town Hall 13251 Non~/~ Lon Adams, Marana, A,'tzona, EACH PERSON OESIRING TO SPEAK ON EACH PUBLIC HEARING iTEM WILL BE GrVEN AN OPPORTUNITY AT THE APPROPRIATE TIME. PLEASE SIGN THE MEETING REGISTER WITH YOUR N/~IE AN~ADDRE,SS FOR FURTHER NOTIFICATION A~ MAY BE APPROPRIATE. PLEASE STATE YOUR NAME AND ADOR[=SS AND IF YOU ARE SPEAKING A.~ A RESIDENT OR FOR AN ORQANIZA~rlON, AS THE MEETING IS BEING RECORDED. THE PURF~OSE OF A PUBLIC HEARING IS TO SUPPLY THE PLANNING COMMISSION WITH {pN[FORiiI~NGT~ON THAT IT CANNOT OTHERWISE OBTAIN. BECAUSE OF THE LENGTH OF TIME THAT I.ANN NGICOMMISSlON MEETINGS FREQUENTLY CONSUME, PLEASE LIMIT TESTIMONY AND PRESENTA'FION TO'['HE SUPPLYING OF FACTUAL. INFORMATION, IN FAIRNESS TO THE COMMISSION AND OTHERS, PLEASE AVOID REDUNDANT, SUPERFLUOUS OR OTHERWISE INAPPROPRIATE QUESTION'-~ OR TESTIMONY. THANK YOU. 1064 391 ere/have been an~ Comments ~ollco Depa, t,.e~ thair declst~, 1. More P~ condition #? ~bov~ ~e pwpe~ ~ ~t~g ~g~an, w~ ~e m~ de~e ~ 1o~ ~g ~ w~ ~ ~ R~ ~ develop~ ~ ~e p~ ~e nei~rho~ fled. S~h~ no~ ~ ~ ~on~ ~ by Other Aienel~ ~zone ~w) ~o~fion One) No ~ ~an~ have been ~iv~ w~h ~d tghting shall be added in parking area alou~ Meredith Blvd., and to the rear and east side of the ire es a deterrent to dec~eese crime levels. Such lighti~ on the building should be positioned high poingng downward on premises so tha~ criminal activity may be sighted if happening. 2. ~tisreenmme~dedthatnomorethe~neaccesspointsh~ccurelo~i~a~endendMeredithB~vd. This will eLtsL~t in boatrolling vehicle flow ou site, Window locations should be pointed in these directions ss to wa~c ! parkre§ actiwties. 3, Wiu~ ow to store shall be located towards the right-of-way to a~sist. in decreasing crime situation, Such expo ~ure c~ be monitored by the public as well as the Police Deperunant. Pima County De~ elopeeat Services; (liezone review) The developer shall obtain the necessary permits m hook up to the sewer system. This w~l involve I be establisitmont era Sewer Sen'ice Agr~mertt. See at~acbed comments relating to this issue. Water ~upp[y ~ e~sur~d for ellis area. How~¥~r, be developer ~l~all submit a water master plans Such plan shall railear. r~ e requb'ements per lhe attached letter. Proofo£i'mel approval shall be submitted to staff prior to the any tssul ace to Certificate of Occupancy issued by the Town. No fullher comments have been received which amend t~ air deoiston~ Pima County Oe'~ ~'lopmect Services Adc~s[nl~ Department: The pro ;at has been approved. However, the developer shall submit a 24"x36" ICeverse reading Double Mstt~ Orb Mylar of the appro'~ed Development Plan, signed and detect, prior ~o the assignrilant o~ address. Since ~ To.wn has entered into an ~ter-Oovemmentel Agreement (I(}A) with Pima County regarding addre~ §, th~s process shall be followed before an address is assi~ecL Such Plan, alter fineled, shall be submI~ d to Pima County via the Town. N~rthwe. st Fire (t~.ezone review) The project was approved subject to some siandard requirements. No further cormneats have been received which arrlelld their decision. Tincaen Water:. Water s~op[y is assure~]. The developer sha![ submit a water ma~ter plan identifying water use, fire flow require~e,n~ and all roajor on-site water ~acihties and proposed coo. nectton points to existing water system. Any Specific Area Plan Fees, Protected Main Fees, and/or needed facilities' cos~ are to be paid by the daveinput, Arizona Deparm~nt of 392 STA~ RE~ORT Dat~ of S.taff~-,:port: March 16, To. P~ ~G ~O~SlON From: Cind Ru~ P~nerH Case Numbe~ sR-9~I~ Auto.he Si~ T ~e~fian of A~ f~fion: ~ ~ ~ ~ ~ ~ ~0~ com~ of W~t Inn ~ad ~d Mcr~ Blv~, Lo~ afM~o~ ~ No. 1, ~'s ~1~o. 2~0~33A, SW 11~ SW U4 of Section 32, T 1~ ~13E. Name jr ~ope~ O~ M~fi~ ~ ~ ~ G~[ P~p, 620 N. C~ S~. 201, ~ g3711. Coa~cc [~T~ . Nzme ar~p[l~ AuW~a~ ~c. D~ g~0, 60M~aAv~u~ M~ph~ ~ 3g10~. Con~ M~ckB~od. Name of En~n~ng ~: ~ ~g 7330 N. 16~ ~ ~-201, Ph~ ~ gS~0, C~: M~. ~ckg~und IaPc rmz~an: Offi~, no m'~ 1o~ ~) m NC Zon~ ~ei~h~ ~egi~ m~m lot s~ ~ 1 ~cm ~ b~d~ ~ a~ a p~d r~l au~ ~ s~. Approved ~ 2, 1996, 0~ No. 96.04. Parcel ~ ~ ~ wi~ ~1 pgvi~ ~ ~c de~elo~ ~ be~ ~g clogly ~ ~ to ~b~h ~ Au~c s1~ at l~adon. ~ app~t h a~c of ~ ~e ~u~ c~g development ~ ~ 1o~ ~d ~ W~g ~ wo~ on all of~ ~c or'is ~ h~c at ~ ~t~ of~ ~d M~di~ BNd. AutoZone ~ tab.ned ~e Developer A~t d~g wi~ fi~-of-way ~pmv~ ~d m~fi~ons s~ h~ ~ r~i~ d~i~g pl~ ~d a ~l~m~t A~ent ~ ~e op~si~ site ~d is ~Ry ~ing Z ~ 4. obt the d~a,e. loptr obtain n~-~ary p~rmR~ J~otn ~i~ ~ ~di~ r~ the d~lo~ a~in a ~ of ~ ~ t~ dZ ~e M~z~ ~ ~ U of ~ clear~ng ~ $it~ of ~olo~ d~l~ s~ll ob~n a It~ of cl~om the ~r~o~ ~p~ent of d~i~lmrg ~i~ting t~t vroJ~t~ ~l~m~m compli~ with $t~e ~atl~. d~lo~ z~l obta~ a ~ia~ for min~um lot ~e to meet zoning. If ~ d~p~ ~ unable to tin a ~i~e reg~ding lot s~e wl~ln ~ ~ th~ ~di~e ~ voM, ~elopment a~eem~t sh~t be ~ed ~to b~en ~ To~n ~ ,.lopmeat bring ~tarted wMa~ ~I out[i~ the im~t$ to tfi~ rtg~ of ;~tion of ~ W~ Ilg&, f~ whiah t~ do~op~ ~a[l be respo~lbl~ The d~elo~r shall be r~o~ib~ for ~f~z ~t ~5~) ~ ~ gozt of t~ in~5~tion and ~I light ~. &tail~ zite ~an $h~l ~ re~ to t~ Pl~ing Comm~slan for.final ac~p~ a~ appr~al. ~1o~ ~ll comp~ wtth t~ ~dopm~ pl~ r~l~ pr~s for ~lte The project shall comply wi~ ~he ~lutmnancs for obtaining a ~ of InmU to Cl~ar as pan of fulftlling the r~gulalio for prot~edou o~uative plaum. No other comm~ have b~m ~r. eived ~I rigs lime. Existlllg I,and U' Vao~ and tmdevelop~{, General ]~lnn De }{.tmsHnn: Z~mo "B", profarted Dcvctopmcot F..uvalopes, lo [ui Planning; Zoue. Kxisting Zonl~ Zouc "Clq", Cou~eim:ial 1,/eighborhood Zone, rio mlnlmmll lot size, except thai one acre per fi~,',~audln$ pad ] ~ ~quir~. Issues and Staff', ;itc ?l.u Analysis; 1. A s ~arate submiami shall be submitted to s~ff prior tu ub~tnt.$ ally sip parmica, Such signage shall con ply with the rcquir~m~'ut~ of TIQe 16 Si~u coda. This include~ siCils located within the visibili~ ~an lo. 2. Day alepar shall inlegra~ mor~ laudscapiu~ liedes mud ~idawalks to both brcs-kup the overwhelming visual eftcot of large parkin§ area(s) and to allow easy across of walking a~eas for pedallists without squa¢l~ug between cars ~o l{et to and fro the buildlull. l~f~ to Exhlbit"A". Loalding area is not defined an plans. This shall be clearly marked and shal not int~,"fere with uat~i¢ access points. This area may need to be re-wOrked. Please r~fer Io Senlion 0~,11.02I~ of.~".c To~vn De' ~lopmeut Code. 4. Th( re is an hiding access to the rear of the buildinS Wl~at function does Ibis serve? If this is a act ;as, it may uot se~ ifs ptupose well due to iu proximity to the r~teu~iou area. Potandal ha~ ~rd. Re-work to allow for more safety ar~a, $. Plm indicate v~gcmtion removal A ~ative plant prellart has not bean received to date, neither {ut~ ~ted into the landscape plan, The d~velop~r shall comply with Title 20 Protecdon of l',[alive Pisn~s, in ~ition to thos~ speeiiied per the ~zonc. This shall b~ submitted and approved prior to a ~rading pl~, 6. En{ meeting comments have not been seer l~l~;ardin~ tills review. Staff is awar~ that moit of those con merits shall occUr at the Development Plan Review singe. At such time, any concerns of the Town ~nt ineer shall be satisfied. ?. St~ ~ recommend that the site plan be condltioually approved contingent upon proper resolution of t~e ~bove list :I issues, compliance with agencies concec~ aud lvZ~'ana Ord~oa No. 96.04. Staff Analysts a Recommendation; $*-tlf recommends thmt the mite plan for AutoZone be approved ~ontiu~ant upou all conditions above be satisfied. Sulliested Motie n: I move tbnt the ~lanning Commission approve the site plan for AutoZone subleer to the following provisions: Th~ developer shall eempl}' with the conditions per Town Ordinance 96.04. 2, Th~ developer shall comply with comments received by other aleu¢ies slated above, Proof of satisfyinl~ th~se concerns shall be submll~ed to planning staff prior to obtaining a grading permit. 3. Anallye plant program shall be submitted to staff and approwd prior to the issuance of a grading plan. Such plan shall comply with Title 20 Protection of Native Planis and shall be reviewed and approved by t~e Planning Commission. Such plaut shall also comply with stole requirements and a Letter of Intent to Clear shall be obtained. 4. Th u developer shall integrate and resolve all comments listed Under IsSueS and Staff Site Plan Analysis. ~, Th~ developer shall meet auy Tuwn ]"-ugineer H:~ LA.N~I~IGOSTiCFRP'I~TA FFRPT.9~Sp R~9 614 .SRI 106 t Au~ 7..996. TO: · To~ (ff.l~ '~xFm, D~t~6pm'e~t 13~55 ~. $aMe~s Road N .~ra.na, :Arizona 85653 EXHIBIT "D" .gLtI~JEC~! AS~, ARCHA£OLO~ICALRECORD$ CHECK ;a. Case fal~.'.: ::DPR 9056 b. Propose~ Use~ AutoZone .~. Acre~t~Lm~.rfi.:I a~reorless ., :. ~ i · :In reg~d ~o thi,!appllcation be Axizona State Muse~-~, University 6f Arizona rc-in'ewe~'ii~ :g~rv~t file, ~e-National Raegister o~ ~torie Plaees~ -:.rid Ax~zorm State I-Y~torie Refer. a-i'The '~orame~ and ~'comm~.da~ons below are based on ' ' .~zcords of amhaeolog~ .cat l~e d~eS: im~ebae°l°~eal su~ey~, on, or near m the legal loeafioa pro~,~ed. · !: ' 'Commcg~t:i None · ' ~' ' reeo.mm.e~. ~.? ~e applicant bc ?.~mtcd. arcbaeo!osxca: clearance. Should the CTt-~c~ f~. l~'ied.' ' :pr,~.. '.~e;~ .~...o~e feam~a o~. o~.ie,~..~? ~ec~t .o.~' ~t~o]o~i.~ et,~.m~ t~ ~ ~,bO',~.' . _are.~..e~.o~s~. ~you ~ve ~,'~y quesbor~ reg~raing this re,.-;omm~dation please call !m~ ~y:!fi~ {~.'. .:(520)621~2096.. . : ,. . .'. 106b, L~ 395 ~.JJJJJJJJJJJt J~JJ ,-' EXHIBIT "E" VNI