HomeMy WebLinkAboutOrdinance 2010.11 Rezoning creating the Marana Regional Landfill specific plan F ANN RODRIGUEZ, RECORDER DOCKET: 13931
RECORDED BY: K_O of PI PAGE: 28
DEPUTY RECORDER _V NO. OF PAGES: 5
1861 PE -2 r���OG SEQUENCE: 20102150005
TOWN 11/08/2010
OF MARANA �t ui ORDIN 08:26
TOWN CLERK 9RIZO�Q'
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE NO. 2010.11
RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE MARANA
REGIONAL LANDFILL SPECIFIC PLAN AND APPROVING A MINOR AMENDMENT TO
THE GENERAL PLAN
WHEREAS H. KA F AMILY NG1, L.L.C., an Arizona limited liability company (the
"Owner "), owns approximately 591.21 acres of property located one mile north of Avra Valley Road,
one mile east of Trico Road, and a half mile south of Silverbell Road within a portion of Section 1,
Township 12 South, Range 10 East, as described on Exhibit "A" attached to and incorporated in this
Ordinance by this reference (the "Rezoning Area "); and
WHEREAS the Owner and DKL Holdings, Inc., a Delaware corporation, and their successors
in interest to the Rezoning Area are together collectively referred to in this Ordinance as the
"Developer "; and
WHEREAS the Developer seeks approval of a rezoning of the Rezoning Area (this
"Rezoning ") for the purpose of developing a municipal solid waste landfill referred to in this
Ordinance as the Marana Regional Landfill; and
WHEREAS this Rezoning requires a minor amendment to the Marana General Plan, which
the Town Council finds to be in the best interests of the Town; and
WHEREAS the Marana Planning Commission held a public hearing on February 24, 2010,
and recommended by a vote of three in favor and two opposed (Commissioners Jeffrey Adragna and
Michael Wiles dissenting and Vice Chair Marcia Jakab and Commissioner Tina Le Page -Wood
absent) that the Town Council approve this rezoning; and
WHEREAS the Town Council heard from representatives of the Developer, staff, and
members of the public at regular Town Council meetings held July 20, August 17, and November 3,
2010; and
WHEREAS the Town Council voted at its November 3, 2010 meeting to approve the
rezoning and its associated minor amendment to the Marana General Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF if
MARANA, ARIZONA, as follows:
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SECTION 1. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Rural Density Residential (RDR) to Master
Plan Area (MPA).
SECTION 2. The zoning of the Rezoning Area is hereby changed from 'RD- 180' (Rural
Development - minimum lot size of 180,000 square feet) to `F' Specific Plan, and creating and
applying the Marana Regional Landfill Specific Plan to the Rezoning Area.
Marana Ordinance No. 2010.11 - 1 - 10/27/2010 3:40 PM
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 and ordinances, and policies of the General Plan
current at the time of development, including but not limited to requirements for public
improvements.
2. The Marana Regional Landfill shall be developed in accordance with all local, state, and federal
regulations and requirements for solid waste disposal, groundwater protection, site drainage,
vector control, and site reclamation and revegetation.
3. The Marana Regional Landfill shall be used only for the final disposal ofnon-hazardous solid
waste in accordance with federal and Arizona state law and the terms of any governmental
authorizations applicable to the project or the property.
4. All Arizona Department of Environmental Quality (ADEQ) requirements must be achieved and
appropriate permits obtained including, but not limited to: approval of a solid waste facility plan;
aquifer protection permit; 404 permit; financial assurance demonstration; and, Arizona pollutant
discharge system (AZPDES)rnulti-sector general permit with a storm water pollution prevention
plan for construction activities and landfill operations.
5. All Arizona Department of Water Resources (ADWR) requirements must be achieved and
appropriate permits obtained including, but not limited to: groundwater industrial use permit and
drilling permits for monitoring wells.
6. All Pima County Department of Environmental Quality (PDEQ) requirements must be achieved
and appropriate permits obtained including, but not limited to: Title V Air Permit; general
aquifer protection permit for septic tanks; and one ormoreright-of--way permits must be obtained
from Pima County for work within the portions of Avra Valley Road located in unincorporated
Pima County.
7. The Developer shall provide financial assurances pursuant to the requirements of the Arizona
Department of Environmental Quality (ADEQ) that include mechanisms for corrective action,
facility closure, and post-closure care.
8. The Developer will be required to process a development plan, landscape plan, native plant
permit, and all associated improvement plans through the Town of Marana.
9. The Developer shall secure all permits required by the Town of Marana including, but not
limited to: floodplain use permit; grading permit; building permits for on-site structures; and,
right-of--way permits for work within the portions of Avra Valley Road located within the town
limits of Marana.
10. The Marana Regional Landfill shall be designed to withstand the 500-year flood event. '°
11. A traffic impact study must be accepted by the Town of Marana Traffic Engineering Division
prior to approval of the development plan. The developer shall be responsible for the design and
construction of any transportation improvements determined to be necessary by staff based upon
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the findings of the study.
12. Prior to the Town's approval of the development plan, the Developer shall submit to the Town a
structural analysis report for the bridge on Avra Valley Road over the east branch of the Brawley
Wash. The Developer shall be responsible for the design and construction of any improvements
to the bridge determined to be necessary by staff based upon the findings of the report.
13. Prior to the Town's approval of the development plan, the Developer shall submit to the Town a
geotechnical analysis report for the pavement conditions on Avra Valley Road between I-10 and
Trico Road. The Developer shall be responsible for any pavement improvements determined to
Marana Ordinance No. 2010.11 - 2 - 10/27/2010 3:40 PM
be necessary by staff on said segment of Avra Valley Road based upon the findings of the report.
14. There shall be no access provided to the Rezoning Area from West Silverbell Road.
15. The Rezoning Area shall not be served by or connected to a rail spur.
16. No waste shall be accepted at the Marana Regional Landfill which has, to the knowledge of the
Developer, been transported by rail.
17. Cultural resource clearance is required prior to the issuance of a grading permit.
18. A burrowing owl survey shall be completed by a qualified biologist no more than 30 days prior to
any ground disturbing activities.
19. Developer understands and acknowledges that the Town of Marana will not be the designated
water provider and will not provide an assured water supply or water service to the Rezoning
Area unless and until, at a minimum, the then-owner of the Rezoning Area transfers to Marana,
by the appropriate Arizona Department of Water Resources form, any Irrigation Grandfathered
Rights or Type INon-Irrigation Grandfathered Rights appurtenant to the land.
20. Before a certificate of occupancy is issued for any structures on the Rezoning Area, the
Developer shall have completed or shall provide evidence to the Town's satisfaction that the
Developer has made a diligent effort to complete the process of having the property annexed into
a fire district or otherwise provide for fire protection.
21. All structures proposed to be constructed within the Rezoning Area shall require evaluation by
the appropriate fire district for the inclusion of an automatic fire sprinkler system at the time of
building permit application.
22. The ultimate elevation of the Marana Regional Landfill after closure and capping shall not
exceed an elevation of 2,145 feet above mean sea level (165 feet above existing surface grade).
23. Within sixty (60) days of receiving final entitlements by ADEQ, the Developer shall offer each
of the owners of property containing each of the five (5) domestic water wells registered within
two (2) miles down gradient from the Rezoning Area two (2) quarterly water samples over a six
(6) month period in order to obtain a statistically valid background determination of the quality
of water in each well. The Developer shall provide sampling results to the property owners or
occupants. The wells will be sampled under parameters deemed as standard for drinking water by
ADEQ.
24. The Developer shall keep the Rezoning Area in a neat, clean, and sanitary condition, and work
with the adjacent property owners to manage litter resulting from landfill operations during the
operation life of the Marana Regional Landfill. The Developer shall submit a litter control plan
to the Town of Marana for review and acceptance prior to the opening date of the landfill.
25. The Developer shall immediately begin coordination with the Federal Aviation Administration
(FAA) to ensure that no conditions may result in a status of non-compliance with respect to m
applicable grant assurances at the Marana Regional Airport. Federal Form 7460 shall be filed
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with the FAA to initiate the coordination process. Evidence of the initiation of this process must a
be submitted to the Town of Marana with the first submittal of a development plan.
26. A mitigation plan shall be prepared that demonstrates that the proposed Marana Regional
Landfill will not be a wildlife attractant hazard to the Marana Regional Airport pursuant to the
Code of Federal Regulations (40 CFR 258).
27. During the development review process, the Developer shall submit a plan to the Town that
addresses the use ofback-up alarms or warning devices on the commercial vehicles operating at
the Marana Regional Landfill site. The Town shall have the final authority to determine
acceptability of all such devices as well as the allowable hours of use.
28. No approval, permit or authorization by the Town of Marana authorizes violation of any federal
Marana Ordinance No. 2010.11 - 3 - 10/27/2010 3:40 PM
or state law or regulation or relieves the Developer 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.
29. No lot split of any kind is allowed within the Rezoning Area without the written consent of the
Town of Marana.
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 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.
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 TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 3rd day of November, 2010. /
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Mayor Ed
ATTEST:
ocelyn ronson, Town Clerk
APPROVF~D AS TO FORM:
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Marana Ordinance No. 2010.11
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10/27/2010 3:40 PM
All that certain real property situate in the County of Pima, State of Arizona,
described in Docket 13705 at Page 2054 thereof, records of said Pima County,
as Section 1, except Government Lot 4 as shown on the General Land Office
Plat of Township 12 South, Range 10 East, Gila and Salt River Meridian,
officially filed May 26,1924;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Beginning at the southeast corner of said Section 1, common with the southeast corner of said parcel described in Docket
13705, Page 2054 (hereinafter referred to as 'record parcel'), marked by an aluminum capped rebar, RLS 29873;
Thence from said POINT OF BEGINNING, westerly along the south line of said Section 1, common with the south line of
said `record parcel', S 89° 24' 30" W, 5265.55 feet to a bent General Land Office pipe marked by an aluminum capped rebar,
RLS 26932 at the southwest corner thereof;
Thence leaving said southwest corner, northerly along the west line of the southwest quarter of said Section 1, common the west
line of said 'record parcel', N 00° 23' 54" W, 2640.71 feet to the northwest corner thereof (west quarter corner, Section 1), marked
by a General Land Office brass capped pipe;
Thence leaving said northwest corner, northerly along the west line of the southwest quarter of the northwest quarter of said
Section 1, N 00° 31" 26" W, 1319.30 feet to the northwest corner thereof, common with the southwest comer of said Government
Lot 4, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said common corner, easterly along the south line of said Lot 4, common with the boundary of said `record parcel',
N 89° 24' 52" E, 1317.91 feet to the southeast comer thereof, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said southeast comer, northerly along the east line of said Lot 4, common with the boundary of said 'record
parcel', N 00° 28' 52" W, 1227.78 feet to the northeast comer thereof, marked by an aluminum capped rebar, RLS 26932;
Thence leaving said northeast corner, easterly along the north line of said Section 1, common with the north line of said `record
parcel', N 89° 33" 12" E, 3956.48 feet to the northeast comer thereof, marked by a General Land Office brass capped pipe;
Thence leaving said northeast corner, southerly along the east line of said Section 1, common with the east line of said 'record
parcel', S 00° 21' 07" E, 5177.66 feet to the POINT OF BEGINNING of Exhibit A herein described;
Containing 589.885 ACRES of land (more or less)
Sc~b~ect to and together with all matters of public record
Basis of Bearing:
The bearings shown on this description
are based on Geodetic North using the
data provided by the National Geodetic
Survey for stations AF14, Center and
NN86 on NAD 83 datum that produced
a measured scale factor of .99994523.
Page: 1 of 1
Date: July 9, 2010
Project: 4309 HE-3
~~~~
LAND SURVEYING SERVICES
P.O. Box 12612 -Tucson, AZ 85732
Phone (520) 512-0666
Fax (520)512-1666
surveys@settlemeyer.tuccoxmail.com
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: K_O
o~ PI
DEPUTY RECORDER y ~
~ p
1861 PE-2 ~~ ~ 'r 0
SMARA W~ ~~~~Z
TOWN OF MARANA ~'l~ ~ ~~%~.'`~
TOWN CLERK `9RIZ0 ¢'
11555 W CIVIC CENTER DR
MARANA AZ 85653
DOCKET:
PAGE:
NO. OF PAGES
SEQUENCE:
CONSEN
MAIL
AMOUNT PAID
13931
33
l
20102150006
11/08/2010
08:26
$ 8.00
CONSENT TO CONDITIONS OF REZONING AND WAIVER
OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE
RESULTING FROM TOWN OF MARANA ORDINANCE
N0.2010.11
H. KAI FAMILY NG1, 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. 2010.11 (the "Rezoning
Ordinance") and incorporated by this reference in this instrument. The Property is the
subject of Town of Marana rezoning case PCZ-09057, filed on behalf of the Owner.
The Owner hereby agrees and consents 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 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 said Ordinance. The Owner also consents
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.
Dated this ~~day of November 2010.
H. KAI FAMILY NG1, L.L.C.,
an Arizona limited liability company
Herbert Kai, Manager
STATE OF ARIZONA )
SS.
County of Pima )
The foregoing instrument was acknowledged before me on November ~ , 2010,
by Herbert Kai, Manager of H. KAI FAMILY NG1, L.L.C., an Arizona limited liability
company, on behalf of the L.L.C. ~
My commission expires:
-/ ~-J - / d N tary Public
~~:
4?F~ICIRL SEAL,
p~OfiOTWY KESTOI
No~ane public State of Arizona f
PIMA COUNTY f _ 1 _
My Comm. Ezpiree Fsb. 14, 2013 f
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