The URL can be used to link to this page

Home My WebLink AboutOrdinance 2012.02 Rezoning acres south of Cortaro Farms Road�- F. � RODRIG�Z, �CO�ER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: Ng2,B ,�,� DEPUTY RECORDER ° � 1562 ��/ I I p SEQUENCE: S �� W / i � z N0. PAGES : TOWN OF MAE2,F+�NA "�'. '' I� ORDIN TOWN CLERK �p� MAIL 11555 W CIVIC CENTER DR AMOUNT PAID: MARANA AZ 85653 MARANA ORDINANCE NO. 2012.02 20121390278 10 05/18/2012 13:35 $10.50 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 7.1 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD, APPROXIMATELY 400 FEET EAST OF CERIUS STRAVENUE FROM R-36 (S1NGLE-FAMILY RESIDENTIAL — MINIMUM LOT SIZE OF 36,000 SQUARE FEET) TO NC (NEIGHBORHOOD COMMERCIAL) WHEREAS Stephen A. Thompsori and Cindy D. Thompson, Paul D. Cutler and Patti J. Cutler, Frederick V. Glandon and Sharon A. Glandon, Glenn Dean, John A. Lee and Linda E. Lee, John E. Caldwell and Deborah J. Caldwell, and Calvin Overholtz (the "Property Owners") collectively own approximately 7.1 acres of land located south of Cortaro Farms Road approximately 400 feet east of Cerius Stravenue within a portion of the west half Section 25, Township 12 South, Range 12 East and a portion of the east half of Section 26, Township 12 South, Range 12 East described as Lots 3, 4, 5, 6, 7, 8, and 9 of the Oshrin Park Subdivision (the "Rezoning Area") as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Property Owners have authorized Paul and Patti Cutler (the "Applicants") to submit an application to rezone the 7.1 acres from R-36 (single-family residential- minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial); and WHEREAS the Marana Planning Commission held a public hearing on March 28, 2012, and voted to recommend, by a unanimous vote 6-0, that the Mayor and Town Council approve the application for rezoning from R-36 (single-family residential — minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial), adopting the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing on April 17, 2012 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 l. The proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby rezoned from `R-36' (single family residential — minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial). 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 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. 2. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 3. Prior to any development, a detailed drainage report will be required that provides a drainage Marana Ordinance No. 2012.02 - 1- ly solution that considers Lots 3 through 9 as a whole and not as individual parcels. The drainage ` report must be accepted by the Town Engineer. 4. 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 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. 5. A water service agreement must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the Water Plans, if required. 6. Prior to connection to the public sewer system, 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 Plans, if required. 7. The owner / developer of each lot will be responsible for submitting a detailed traffic study for the respective lot(s) at the time of development review. 8. During the development plan process, driveway spacing shall be designed in accordance with Pima County standards for minimum driveway spacing, which may require the consolidation of driveways and/or the establishment of cross-access easement agreements between adjoining lots. 9. A cultural resources survey must be completed and submitted to the Town for review and approval prior to any site disturbance. 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 Owners 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 sha11 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 MAYOR AND TOWN COUNCIL OF MARANA, ARIZONA, this 17 day of Apri12012. �_ / o C7 F � A � L q�� ' �ss ` �`e,��t�ttme►�s`'s� i � f ' o � �� .�i ATTEST: � ;s � : ' ., �s � � ''��iie��uo��` e '�� O``� Jocely . Bronson, Town Clerk Marana Ordinance No. 2012.02 - 2- � ,�-°�' „r �� a' .��T�' ' F Cas�' , Town A rney r APPROVED AS TO FORM: EXHIBIT 'A' . w � � m � � rn �a � s vi t� WN �a �Y O � +, q m t�0 ' �� O aaN °� 3m C)SVZ U S F Q - W !J p V N Vl d IJ � / N 0 ¢� W � r M sr,tf.00 N o �, .to•5tz ��m N � z Yb� irn�� N � ,59'CIL Z .S9'ttL � � a o�y a.ef.�r.00 s W 3.er.tim s i ^m � _ � ,� st � - � d . io � fO � _ � Lo � � N �'O . � �$�"' g p a�. �^ Z v W '� N %'[tz S9'ttz ¢ 3�.B►.4Y.00 S 3,84,LYA0 5 � Y a a � � '" . a � � '� M a N H yyy �� .m� $ N ZY Y O � � W N �� m � J�. �L��i Z �J��Z � � � . W 3„ae.ttim s 3.eti.�rm s r ( � � O � � . � H ' i � N � ml I �.�� g� N N � I N � �m� � � Z W � � a 1O � .49'91Z .59'LtZ N o� p.00,9L,00 N 3.86,t4.00 S � Z ao �f ^ N • O �- n �� °° ^ H � U ^ a �$ m g N N � � I .59'Ctb Z S4'CtZ 3 .9Y,1t.00 S 3 ,BY,t4A0 S� � � n � ��° `- 4 N � _s, b, $ Y3 m � .''� M EI'� " "� '- � N = A � g W m 1 �$ m N R za ° � a� °' � " •�� _ ,�•ua �� 3.Bti,lt.00 5 W 3.8f',14.00 S �O ' � N � � � � ' N r � U 0�0 � • m � z , t. . . n ' N � � b ^ � N �� ^ � R � �o � ,tt'Z6� ,6S'Z6l �o � rJ � � N � oot �u+3nvau sniax� o a .Of'SfY 3 .£t,££.00 S � �� °p o N � �' m C! 9Z 3�dd 'LZ H008 � m (£lL-l£ S101) �IiiVd NRISO ; o g �� c%� o as � Z g � �w� � � � o W o aN�� ( I O Z�Z L y � �a°�{N � Z $ d o N��a � N � � Z w � � ONZ ui � V � � o a � y U tX N a �OF-a ° p � N � a v Z � o � N � o � w W 3N =� Q o " .. ~- ": � � e a 0 W > W K � W E� � L� � ° n � m c � � 2 0 N � �'n G � i � � I � N n N�� z c o o u �i 'p� Z V �+ ,� �' u N i i- ' A � � � 1 y _ . �_ _ . U �N�M� � �� t t i '"i 888 6� NNt�V� � u � e�.... i S«�,"«3 � b��b � ; �I U t� (� t� CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARA�TA ORDINANCE NO. 2012.02 THE STEPHEN A. T HOMPSON AND CINDY D. T HOMPSON LIVING TRUST (the "Owner") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 3 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (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 waives any right to compensation for diminution in value p'ursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning 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 Pruperty, who shall be bound by it. Dated this _ day of April, 2012. THE STEPHEN AND CINDY THOMPSON LIVING TRUST � �l_� _L� � � � �i�i�i/_�.f�i � � � • � STATE OF ARIZONA County of Pima � SS. ) By: Cindy D. T mpson, Trustee The foregoing instrument was acknowledged before me on April �, 2012, by Stephen A. Thompson and Cindy D. Thompson, Trustees of THE STEPHEN AND CINDY THOMPSON LIVING TRUST, on behalf of the Trust. (Seal) .�,,,,r�,,,.,� � �� ' . Heidi A. Bouenani � �i\1 �' P� o„ �� Notary Public M�r Commission Expi►es Nov�mber 15. 2013 {00030094.DOC /} Oshrin Park Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1021 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 CaLV�N OvE�oLTZ, an unmarried man, (the "Owner") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 9 of Oshrin Park, a subdivision of Pima County, Arizona, accarding to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (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 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 the Rezoning 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 April, 2012. By' �_''�'� � � - ,�- Calvin Overholtz STATE OF ARIZONA � SS. County of Pima ) � The foregoing instrument was acknowledged before me on-��j� �� , 2012, by Calvin Overholtz, an unmarried man. (Seal) Notary Public OFFICIAL SEAL BRECK W. SCHULER '' N NOTARY PUBLIC•ARIZONA ,� ° * a� PlMA COUNTY �'1� ��i• �� t, ��, �a�, {00030101.DOC /} Oshrin Park Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1023 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 G�,Etvtv DEAN, an unmarried man, (the "Owner") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 6 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (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 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 the Rezoning 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. ��ti Dated this�'�day of �1 2012. s�1�-�A�� STATE OF�f1 1 r By: _ _ . ,,.,.� ° Glenn Dean SS. County of� ) �,�. p �� filhti The foregoing instrument was acknowledged before me on �(� , 2012, by Glenn Dean, an unmarried man. "``' RYIIN HOYYE8 : NoUry Pul�c. StNt of Nevsd� � 1lppoiMmeM No. 12-73T2-t .:_.,�. � INy Appt. Expi�K Jm 26. 2016 otary Public {00030098.DOC / 2} Oshrin Pazk Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1020 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 Jo�v E. CALDwELL and DEBOxAx J. CALDwELL, husband and wife, (the "Owners") own the land referred to in this instrument as the "Property" and more particularly described as Lot 8 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance"). The Owners hereby agree and consent 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 Ariaona Revised Statutes § 12-1134 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 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 thi��c�ay of April, 2012. ��k,�v�S STATE OF f�A � County of '��r�� ss. �"� By , John E. Caldwell By: Deborah J. well The foregoing instrument was acknowledged before me on April �, 2012, by John E. Caldwell and Deborah J. Caldwell, husband and wife. (Seal) � �� NOTARY PUBLIC-STATE OF ARKANSAS FAULKNER COUNTY My Commission Expires 0421-2021 Commission # 12382590 ��'.�o�,�i ►�,�y`� L�, Notary Public {00030095.DOC /} Oshrin Park Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1022 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 TxE LEE FA1v1�LY L�v�tvG TxusT (the "Owner") owns the land referred to in this instrument as the "Property" and more particularly described as Lot 7 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (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 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 the Rezoning 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. � a Dated this � day of �, 2012. THE LEE FAMILY LIVING TRUST . �� . �� - - v Lmda E. Lee, Trustee STATE OF ARIZONA � SS. County of Pima ) �� R, The foregoing instrument was acknowledged before me on �1 �, 2012, by John A. Lee and Linda E. Lee, Trustees of TxE LEE FAM�LY L�v� TxusT, on behalf of he Trust. (Seal).��_4�.�W_w� �,�--,� �..y� rtw�s� ( ��iCfAL SEAL ,�.� � ANNE B. HOSKINSON Notary Public a � ��. �� NOYARY PUBLIC-ARIZONA `�a� °` ��°� P!�✓A GOUNTY � �'�'��aiy Comm. Exp. M�v 17 2013 {00030100.DOC /} Oshrin Park Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1022 AM BV/FJC CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 FREDERICK V. GLANDON and SHARON A. GLANDON husband and wife, (the "Owners") own the land referred to in this instrument as the "Property" and more particularly described as Lot 5 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance"). The Owners hereby agree and consent 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 § 12-1134 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 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 thi� �day of April, 2012. By: �.:�� Frederick V. Glan on By: ��"f��z�- �9 �� Sharon A. Glandon STATE OF ARIZONA � SS. County of Pima ) - � The foregoing instrument was acknowledged before me on April e�� , 2012, by Frederick V. Glandon and Sharon A. Glandon, husban d wife. (Seal) � �� " ` �" sEA� Notary Public T`��. �' CLAUDIA SILVA � N NOTARY PU$LIC-ARIZONA 9 .� �INIA �C�l1fVTY '�,9' � pAy Comm. Exp. Feb. 23, 2018 {00030099.DOC /} Oshrin Park Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 1021 AM BV/FJC u CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2012.02 PAUL D. CUTLER, an unmarried man, and PATTI 7. CUTLER a married woman, (together the "Owners") own the land referred to in this instrument as the "Property" and more particularly described as Lot 4 of Oshrin Park, a subdivision of Pima County, Arizona, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book 25 of Maps and Plats at Page 67. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-11022, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on April 17, 2012 by the adoption of Marana Ordinance No. 2012.02 (the "Rezoning Ordinance"). . The Owners hereby agree and consent 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 § 12-1134 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 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. �a�/ Dated this � day of P�m1, 2012. � B � a 1 D. Cutler By: Patti J. utler STATE OF ARIZONA � SS. County of Pima ) � �� The foregoing instrument was acknowledged before me on A� �� , 2012, by Paul D. Cutler, an unmarried man. , o SUSANNE BOZ21 (Seal) �° Notary PubNc - Arizana y F� � , Pima Counry t49y Commissson �xpires Notary Public STATE OF ARIZON� �a�t:�i7, 201'� SS. County o�f Pima ) � A� ll�� The foregoing instrument was acknowledged before me on �, 2012, by Patti J. Cutler, a married woman. (Seal) � __ - .�: �� w. � . sus�wr�� sc�zzf � �� IVat�ay F'ub(iE - Atizana Notary Public " �, .� f�im� �ounty �ly £�camrni�sion Expir�s {00030096. � �� `� ��rin Pazk Lots 3-9 Rezoning - Prop 207 Waiver 4/10/2012 10:19 AM BV/FJC ��+,�� ,,;�� .