HomeMy WebLinkAboutOrdinance 2006.29 Approving a rezoning for Silverbell Crossroads
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
ORDIN
12895
2546
7
20061840605
09/22/2006
14:57
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: SGP
DEPUTY RECORDER
1456 PE2
DOCKET:
PAGE:
NO. OF PAGES:
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AMOUNT PAID
$ 9.00
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MARANA ORDINANCE NO. 2006.29
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR
SIL VERB ELL CROSSROADS.
WHEREAS, MJM Consulting represents the property owners of9.95 acres ofland located
within a portion of Section 2, Township 13 South, Range 12 East, as depicted on Exhibit "A" and
Exhibit "B" attached hereto; and
WHEREAS, the Marana Planning Commission held a public hearing on August 30, 2006,
and at said meeting voted 5-0 (Commissioner Wostenberg declaring a conflict of interest and
Commissioner HestWood excused) to recommend that the Town Council approve said 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 September 19, 2006, and has
determined that the rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follow~:
Section 1. The rezoning of 9.95 acres of land generally located within a portion of Section 2,
Township 13 South, Range 12 East at the southwest comer of Ina Road and Silverbell Road (the
"Rezoning Area") complies with the General Plan.
Section 2. The rezoning area is hereby changed from "NC" (Neighborhood Commercial) and "R-
144" (Single Family Residential, 144,000 square foot minimum lot size) to "VC" (Village
Commercial) on the 9.95 acres at the southwest comer of Ina Road and Silverbell Road.
Section 3. The intent of the rezoning is to allow for the development ofa retail shopping 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 ordinance):
1. Compliance with all provisions of Town's Codes, Ordinances, and policies of the General
Plan current at the time of development including, but not limited to, requirements for public
improvements.
2. Compliance with Title 24.S.Use Regulations in the Silverbell Road Commercial Overlay
. District of the Land Development Code with the following exemptions:
a. Allow one bank drive-through location and facility generally as shown in the
tentative development plan.
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Marana Ordinance No. 2006.29
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b. Allow one restaurant drive-through location and facility generally as shown in the
tentative development plan.
3. The developer shall provide enhanced landscape and/or hardscape to ensure that headlights
from cars entering the drive-through lanes do not shine onto adjacent properly.
4. The developer shall be responsible for all improvements needed onsite and for the of/site
driveway connections and sewerage. The developer shall be responsible for making a monetary
contribution to the Town to in an amount sufficient to cover the cost of the design and construction
of a northbound left turn lane in Silver bell Road at the south driveway and a westbound left turn
lane in Ina Road at the west driveway, to be incorporated into the Silver bell Road improvement
project. .
5. The Town of Marana shall not issue a certificate of occupancy for any commercial use in the
proposed shopping center until the Town's capital improvement project on Silver bell Road is
substantially completed.
Section4. 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. 2006.29.
Section 5. 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 Maran a, Arizona, this .
19th day of September, 2006.
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Mayor Ed Honea
ATTEST:
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. APPROVED AS TO FORM:
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Marana Ordinance No. 2006.29
Exhibit A
Silverbell
Crossroads
CASE NO.PCZ-06013
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MARANA
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TOWN OF MARANA
Ina Rd
R-36
In no event Sh<lll the Town of Marana become liable 10 users of these data, 0
0< any of~ party, 10< any lasso< direct, indirect, special, incidental Of --
consequential damages, including but not limited 10 time, money, 0< goodwin,
arising frorn the use 0< modification of the data.
CD
1000 t(
The Town of Marana provides this map information. As is. at the request
at the user with the understanding that it is no! guaranteed to be accurate,
COfrect or complete and conclusions drawn fram such information ate the
responsibility of the user.
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REQ EST 4
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A request for rezoning approximately 1 0 acres of land
from "R-144" (Single Family Residential, 144,000 square
feet minimum) and "NG" (Neighborhood Commercial) to
"ve" (Village Commercial.
EXHIBIT B: LEGAL DESCRIPTION
Silverbell Crossroads Rezoning
Parcel I
All that portion of Section 2, Township 13 South, Range 12 East, Gila and Salt River Base
and Meridian, Pima County, Arizona, more particularly described as follows:
BEGINNING at the North Quarter corner of said Section 2;
THENCE North 89 degrees S1 minutes 30 seconds East along the North section line of
Section 2, a distance of 8.03 feet to the intersection of the Ina Road and Silverbell Road;
THENCE South 42 degrees 38 minutes 00 seconds East along the center line of Silverbell
Road 298.40 feet to a point;
THENCE South 47 degrees 22 minutes 00 seconds West 30 feet to the TRUE POINT OF
BEGINNING; .
THENCE South 67 degrees 45 minutes 50 seconds West 296.03 feet;
THENCE North 88 degrees 57 minutes 40 seconds West 91.34 feet;
THENCE South 65 degrees 41 minutes 12 seconds West 19.18 feet;
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THENCE South 0 degrees 11 minutes 06 seconds East 173.11 feet to a point on the North
boundary line of lot 5 of Bridlewood West Subdivision;
THENCE North 89 degrees 51 minutes 30 seconds East a distance of 204.82 feet, along the
Northern boundary of Bridlewood West Subdivision, to a point in the North and South center
line of said Section 2;
THENCE South 1 degrees 01 minutes 45 seconds Epst, along said center line a distance of
82.20 feet to a point;
THENCE North 89 degrees 51 minutes 30 seconds East parallel to the North line of said
Section 2, a distance of 518.57 feet to a pOint in the Southwesterly right of way line of
Silverbell Road;
THENCE Northwesterly along said right of way line, a distance of 505.57 feet to the TRUE
POINT OF BEGINNING.
Parcel II
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An undivided half interest in and to that certain wellslte, more particularly described as
follows:
COMMENCING at the most Northerly corner of the property heretofore described as Parcel I;
THENCE South 67 degrees 45 minutes 50 seconds West 296.03 feet;
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THENCE North 37 degrees 43 minutes 50 seconds West 65.96 feet;
THENCE South 5.50 feet;
THENCE East 4.30 feet to the TRUE POINT OF BEGINNING of this description, being the
Southeast corner of a concrete slab upon which wellsite is located;
THENCE North 10.80 feet;
THENCE West 10.00 feet;
THENCE South 10.80 feet;
THENCE East 10.00 feet to the TRUE POINT OF BEGINNING.
Reserving unto the Grantor, their heirs, successors and assigns, the right of ingress and
egress to said wellsite and an easement for the installation and maintenance and repair of
water pipes to said wellsite.
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Exhibit B: Legal Description
Silverbell Crossroads Rezoning
Page 2 of 4
Parcel 1
That portion ()f the Northwest Quarter of Section 2, Township 13 South, Range 12 East, Gila'
and Salt River Meridian, Pima County, Arizona:
COMMENCING at the intersection of the Southwest right-of-way line of Silverbell Road, with
the South right-of~way line of Ina Road;
THENCE South 89051 '30" West along the South right-of-way line of Ina Road, a distance of
278.95 feet to a point, said point being the Northwest corner of that certain parcel described
in Docket 4085 at Page 7, also being the POINT OF BEGINNING;
THENCE South 4059'06" West, a distance of 503.02 feet to a point in the North boundary
line of Bridlewood West Subdivision, said point being 338.82 feet Westerly of the found 1"
O.P. as shawl") on the plat of Bridlewood West, Book 20, Page 4t:! of Maps and Plats, and the
Southwest corner of that certain parcel described in Docket 4085 at Page 7;
THENCE due South 89051'30" West, along the North boundary line of Bridlewood West, a
distance of 311 . 18 feet to the Northwest corner of Lot 8, Bridlewood West;
THENCE North 01001'45" West along the boundary line of Bridlewood West and its
extension, a distance of 500.00 feet to a point in the South right-of-way line of Ina Road;
THENCE North 89051'30" East along said South right-of-way line, a distance of 365.42 feet
to the POINT OF BEGINNING;
EXCEPT the North 75 feet thereof lying within Ina Road, formerly Picture Rocks Road,' as
shown on the map recorded in Book 2 of Maps, Page 24, and as described in the Deed to
Pima County recorded in Docket 7612, Page 1554.
Parcel 2:
All that portion of of Section 2, Township 13 South, Range 12 East, Gila and Salt River
Meridian, Pima County, Arizona, more particularly described as follows:
COMMENCING at the North Quarter corner of said Section 2;
THENCE North 89051'30"East, along the North section line of Section 2, a 'distance of 8.03
feet to the intersection of the Ina Road and Sflverbell Road;
THENCE South 42038'00" East, along the center line of Silverbell Road, a distance of 298.40
feet to a point;
THENCE South 47022'00" West, a distance of 30 feet to the POINT OF BEGINNING;
THENCE South 67045'50"West, a distance 01296.03 feet;
THENCE North 88057'40" West, a distance of 9 34 feet;
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Exhibit B: Legal Description
Silverbell Crossroads Rezoning
Page 3 of 4
THENCE South 65041 ' 1 2" West, a distance of 19.18 feet;
THENCE South 0911 '06" East, a distance of 173.1 feet to a point in the North boundary line
of Lot 5 of Bridlewood West Subdivision;
THENCE South 89051 '30" West, along said North boundary line a distance of 134.00 feet;
THENCE North 4059'06" East, a distance of 502.02 feet to a point in the South right-of-way
line of Ina Road;
THENCE North 89051 '30" East, along said South right-ot-way line a distance of 278.95 feet
to a point in the West boundary line of Silverbell Road;
THENCE South 42038'00" East, along said West boundary line a distance of 285.82 teet to
the POINT OF BEGINNING;
EXCEPT the North 75 feet thereof lying within Ina Road, formerly Picture Rocks Road, as
shown on the map recorded in Book 2 of Maps, Page 24, and as described in the Deed to
Pima County recorded in Docket 7612, Page 1554; AND
EXCEPT an undivided 1/2 interest in the well site located on the above described parcel,
described as follows:
COMMENCING at the most Easterly corner of the herein described property;
THENCE South 67045'50" West. a distance of 296.03 feet;
THENCE North 37043'50" West, a distance of 65.96 feet;
THENCE South, a distance of 5.50 feet;
THENCE East, a distance of 4.30 feet to the POINT OF BEGINNING of this description, being
the Southeast corner of a concrete slab upon which well site is located;
THENCE North, a distance of 10.80 feet;
THENCE West, a distance of 10.00 feet;
THENCE South, a distance of 10.80 feet;
THENCE ~ast, a distance of 10.00 feet to the POINT OF BEGINNING.
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Exhibit 8: Legal Description
Silverbell Crossroads Rezoning
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