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Home My WebLink AboutOrdinance 2013.003 rezoning to create the marana town center specific plan0 0 F. ANN RODRIGUEZ, RECORDER Recorded By: JJE DEPUTY RECORDER 4911 SMARA TOWN OF MARANA TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 iiiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii� iiiii iiii iiii SEQUENCE: NO. PAGES: ORDIN MAIL AMOUNT PAID: 20131580676 7 06/07/2013 15:43 $9.Q0 � �IM � "� � � � I �i �� W'� , u �tz �N��b �Rlzo��' 1�ZARANA ORDINANCE NO. 2013.003 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 462 ACRES OF LAND, LOCATED WEST OF SANDARIO ROAD BETWEEN GRIER ROAD AND M[ARANA ROAD, FROM `A' (SMALL LOT ZONE) TO `F' (SPECIFIC PLAN) FOR THE PURPOSE OF CREATING THE l�tiARANA TOWNE CENTER SPECIFIC PLAN AND APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN. WHEREAS Desert Heritage LTD Partnership 1/2 & Tst Chu Family Trust 1/2, Desert Heritage LTD Parinership 1/2 & T2e Shar Tom Chu & Susan Ong Trust 1/2 ,Circle K Stores Inc., Ruby C. Dove and Russell W. Dove, Linda Molitor and Michael J. Molitor, Pheng Properties, Inc.(the "Property Owners"), collectively own approximately 462 acres of property located west of Sandario Road between Grier Road and Marana Road within a portion of Sections 20 and 21 Township 11 South, Range 11 East, as described on Exhibit "A", attached to and incorpora.ted in this Ordinance by this reference (the "Rezoning Area"); and, WHEREAS the Property Owners have authorized the Susan Ong (the "Developer") to submit an application to rezone the 462 acres from A(Small Lot Zone) to F(Specific Plan); and, WHEREAS the Marana Planning Commission held a public hearing on August 29, 2012, and at said meeting voted 5-0, to recommend that the Town Council approve this rezoning; and, WHEREAS the Marana Mayor and Town Council held a public hearing on March 5, 2013 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 zoning of Rezoning Area is hereby changed from `A' Small Lot Zone to `F' Specific Plan creating the Marana Towne Center Specific Plan. Section 2. A minor amendment to the General Plan of approximately 462 acres of the Rezoning Area located west of Sandario Road between Grier Road and Marana Road, changing the General Flan designation from Commercial (C), Low Density Residential (LDR) and Medium Density Residential (MDR) to Master Planning Area (MPA), is hearby approved. Section 3. This rezoning is subject to the following conditions, the violation of which shall be #reated in the same manner as a violation of the Town of Marana Land Development Code (but which sha11 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 Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for {.DOC i} Marana Ordinance No. 2013.003 - 1- 03/052013 r� Main Street and Tangerine Farms Road with the recording of a plat or within 60 days of demand by the Town. 3. A drainage study must be submitted by the Developer and accepted by the Town Engineer prior to Town approval of any plat or development plan. 4. The Developer shall be responsible for the design and construction of the divided four lane Tangerine Farms Road to Town standards within the project boundaries. As provided by A.R.S. § 9-4b3.05, the cost of any transportation improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transporta.tion impact fees payable for development within the Property. 5. The Developer shall contribute, proportionally to the Project's impact, based on a Town- approved traffic impact analysis, to the cost to design and construct the circulation- improvements to Marana Road, Marana Main Street, Sandario Road, Sanders Road, the Marana Road/1-10 traffic interchange (including without limitation any improvements to the frontage road and/or construction of a shoo-fly connection from Marana Road to the frontage road, if needed), including without limitation any signalization associated with these improvements. To assure concurrency between any development and the then-existing, necessary transportation improvements, no certificate of occupancy for development relying solely on Marana Main Street for access or larger than 30 acres shall be issued for the Property unless and until completion of Marana Main Street from Marana Road to Sandario Road and of all transportation improvements necessary for safe access to and from the construction. To the extent the cost to construct these concurrently needed improvements exceeds the Developer's proportionate share, the Developer may seek reimbursement for the excess through a development agreement. In no case sha11 the Developer ultimately be obligated to pay more than Developer's proportional share of the costs of the infrastructure referenced in this paragraph. As provided by A.R.S. § 9-463.05, the cost of any transporta.tion improvements constructed by the Developer for which the Town has adopted a development impact fee shall be credited against transportation irnpact fees payable for development within the Property. 6. Additional traffic studies sha.11 be required at the platting or development planning stages for a project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staffbased on the findings of those studies. �. The properry owner shall not cause any lot split of any kind without the written consent of the Town of Marana as provided by A.R.S. § 9-463.02. 8. 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 a11 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 regulatians. 9. The maximum allowable residential units for the project shall not exceed 2,200. 10. The Developer, within 60 days after cessation of irrigation on any portion of the rezoned land, shall commence and proceed with the administrative process of the Arizona Department of Water Resources, in accordance with Arizona Administrative Code, sections R12-15-723 and R12-15-727, to extinguish the irrigation grandfathered rights appurtenant to the land upon which irrigation has ceased. In no event shall the process to extinguish the {.DOC �} Marana Ordinance No. 2013.003 - 2- 03/05/2013 irrigation grandfathered right be initiated more than 60 days after approval of any final plat on any of the rezoned land. No later than 60 days following the issuance of any extinguishment credit to the Developer by the Arizona Deparhnent of Water Resources, the Developer shall transfer all such issued extinguishment credits to the Town. 1 l. The land incorporated within the Marana Towne Center Specific Plan (the "Properly") is within the intended water service area of the Town. Upon inclusion of the land within the Town service area, the Town shall provide an assured water supply for the Property pursuant to its designation of assured water supply. The Town will provide water service ta the Property and will provide, upon developer's request, a"Will Serve Letter" for the Property. At the request of the Town, the developers shall enter into a Water Service Agreement and a Master Water Plan must be submitted by the developer and accepted by the Utilities Director of the Toum prior to the approval of any final subdivision plats by the Town Council. Development plans may require individua.l water service agreements to be submitted and accepted by the Utilities Director of the Town, prior to development. 12. Installation of a non-potable water system may be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. The Town or its designated provider shall provide water for such a system. 13. A Sewer Service Agreement and Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of any fmal plat or development plan. 14. Minor grammar and technical changes, as required by the Town of Maxana, shall be made to the Marana Towne Center Specific Plan prior to Town Council consideration of the rezoning request. 15. An annual report sha11 be submitted to the Town in accordance with the requirements defined in the Land Development Code and Specific Plan. 16. Upon adoption of the Rezoning Ordinance by the Mayor and Council approving the Marana Towne Center Specific Plan, the applicant shall provide the Planning Department with the following fmal edition of the Marana Towne Center Specific Plan: one non-bound original; twenty bound copies; and one electronic copy on CD in Microsoft Word or other acceptable format within sixty (60) days of the adoption. SecNon 4. This Ordinance sha11 not be effective until the Town files with the county recorder an instrurnent (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 A.rea as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recarded 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. {.�c i} Marana Ordinance No. 2013.003 - 3- 03/OS/2013 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this S day of March, 2013. �., , I Mayor Ed H . nea ATTEST: APPRO D AS TO FORM: 1�,� ,� vL�r J celyn ronson, Town Clerk F sitiy, To Attorney {.noc �} MaranaOrdinanceNo.2013.W3 - 4 - 03/OS/2013 i .m � 43- i • #. '49 ° • Rn h' !' ��. #49 4 lY�4 � l+��At'�,� T�3��J� C��I�� iIB�T �. . ....�. 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ANN RODRIGUEZ, RECORDER Recorded By: JJE DEPUTY RECORDER 4911 SMARA TOWN OF MARANA TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 $8.00 _- --- --._ _ _ ____ _. . _ _ _ _ CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2013.003 TST CHU FAMILY TRUST and DESERT H�RITAGE LIMITED PARTNERSHIP, an Arizona limited partnership, (collectively, the "Owners") own the land referred to in this instrument as the "Property," which consists of all of the land particularly described in Exhibit A attached to Marana Ordinance No. 2013.003 (the "Rezoning Ordinance"), recorded in the office of the Recorder of Pima County, Arizona, at SequenGe Na. �� 3 t��,ot� 1 to, except Amended Nichols Addition, a subdivision of Pima County, Arizona, according to the plat of record in the office of the Recorder of Pima County, Arizona, in Book 16 of Maps and Plats at Page 18. The Property and the rest of the land particularly described in Exhibit A attached to the Rezoning Ordinance is the subject of Town of Marana rezoning case PCZ-10008, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on March 5, 2013 by the adoption of 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 ccmpensation for diminution in value pi�rsuant to Arizor.a 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 this�s`�day of March, 2013. TST CHU FAMILY TRUST By: ,c,c�-�,,., ��.8 Susan Ong, stee STATE OF ARIZONA SS. County of Pima ) o F pI ( II�III IIIII I�III III" IIIII IIIII III'I (IIII �IIII IIII) I�III IIIII IIII I�II � SEQUENCE: 20131580698 O 4� �s w � ,� ;� � W �,,�Z NO. PAGES: 5 �N� � �� CONSEN 06/07/2013 �`qRIZ01`ZQ' 15 : 4 9 MAIL AMOUNT PAID: DESERT HERITAGE LIMITED PARTNERSHIP, an Arizona limited partnership By: �,c.�c�,,✓ �x' Susan Ong, anaging Partner The foregoing instrument was acknowledged before me on March� �, 2013, by Susan Ong, as Trustee of the TsT Cxu FAMiLY TRUST, on behalf of the trust and as MANAGING PART'NER OF DESERT HERITAGE LIMITED PART'NERSHIP an Arizona limited partnership on behalf of the limited partnership. (Seal) ��s'�"'�. Ton�oKO s�orsw000 Notary ublic _ „ Notary Pubiic - Arizona � , i Pima Couniy = My Gomm. Expires Mar 15, 2015 {00033503. ter Rezoning — Prop 207 Waiver 3/21/2013 3:47 FM FJC This' documen# was presented for reeording withaut an exhibit atfached. � ��,1 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2013.003 TZE SHAR TOM CHU FAMILY TRUST axld DESERT HERITAGE LIMITED PARTNERSHIP, arl Arizona limited partnership, (collectively, the "Owners") own the land referred to in this instrument as the "Property," which consists of all of Amended Nichols Addition, a subdivision of Pima County, Arizona, according to the plat of record in the office of the Recorder of Pima County, Arizona, in Book 16 of Maps and Plats at Page 1$, except Lot 1 of Block 1, the south 25 feet of Lot 2 of Block l, Lot 3 of Block 1, and the north 125 feet of Lot 1 of Block 2 of said Amended Nichols Addition. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-10008, filed on behalf of the Owners and others, which the Marana Town Council approved with conditions on March 5, 2013 by the adoption of Marana Ordinance No. 2013.003 (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 naw or in the future exist as a result of the approval of the Rezonin� 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 successars in interest of the Property, who shall be bound by it. Dated thisa �`�day of March, 2013. TZE SHAR TOM CHU FAMILY TRUST By: ,�.u,ac.�.� ��- Susan Ong, Tr stee STATE OF ARIZONA County of Pima � SS. ) DESERT HERITAGE LIMITED PARTNERSHIP, an Arizona lirnited partnership By: .� � e-,�. Susan Ong, M�naging Partner The foregoing instrument was acknowledged before me on March �; 2013, by Susan Ong as Trustee of the TZE SHAR TOM CHU FAMILY TRUST on behalf of the trust, and as MANAGING PARTNER OF DESERT HERITAGE partnership, on behalf of the limited partnership. (Seal) ` TOMOKO SPOTSWOOD � NotaryPublic - Arizona `¢ , : Pima Couniy •, •� My Comm. Expires Mar 15, 2015 LiivttTED PaR'rtvERSxIP, an Arizona limited Notary ublic � This document was presented far recording without an exhibit attached. {00033504.DOCX / 2} Marana Towne Center Rezoning - Prop 207 Waiver 3/21/2013 3:50 PM FJC Z CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2013.003 PxENG PROpExTiES, INC, an Arizona corporation, (the "Owner") owns the land referred to in this instrument as the "Property" and more particularly described as the north 125 feet of Lot 1, Block 2 of Amended Nichols Addition, a subdivision of Pima County, Arizona, according to the plat of record in the office of the Recorder of Pima County, Arizona, in Book 16 of Maps and Plats at Page 18. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-10008, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on March 5, 2013 by the adoption of Marana Ordinance No. 2013.003 (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 ��' aaY of May, 2013. PHENG PROPERTIES, INC., an C STATE OF ARIZONA � SS. County of Pima ) The foregoing instrument was acknowledged before me on May s�, 2013, by Pheng H. Hak President of PHENG PROPERTIES, INC., an Arizona co ration, behalf of the orporation. (Seal) ��;;s� � Carole E. Gfeeson Notary Pai>ifc - Arizona Notary Public ��_ Pima �'aunty a�c FapireB .,. _� „_ � _ .... _..i Nofary PabliC - Arita�a Pima County ` My Comm�sion Ezpin� Ap�il 4, Z011 {0003351o.DOCx /} Marana Towne Center Rezoning - Prop 207 Waiver 3/20/2013 5:57 PM FJC 3 �a�vs�rrr �r� co�vnrrioNS � ��o�vuv� � �VA.iVEii �IF �I..AIMS Ft�R P�SSIBLE DIl��ITTI4i�T f)F VALUE �ESUUi.TIl'�� FRflM TO�T OF 1Vi��:RANA O1�DINANCE 1�0. 2813.8ii3 Niicha�� J. 1Vloiitgranci Lintia. Molitor,h�shand at�d wife,(the "Eh�ta�rs"} owxz t� Iawsi referred to in this instrument as the "Pmperty" and mcme pazticular�y descn'bed asall �cept the narth 50 feet c�f Lot 3, Bic�ck 1�f A�nd.+�i Alicharls Ac�iti€�, a subdiv�vn c�� Pima C�mt�, A�iz�na, acc�� = t� piat o� r�� in the fl#�ice of the Cowzty Re�order of Pima CQUnty, Ari�.�ma, in B«�� 16 of ��s and. Pla�1s at Page 18. Tl�e Pmperty is a grntian caf the lan,d which is t� �ubj�t c�f �`c�wu �rf N1�rs�aa rea�nxng �ase PC�-1�8, fl� v� �half of tl� 4vv�ers �d others, which � Marana Tawn' Ctr�mcil app�oved with ec�ndititms an �+Iar� 5, 2f313 by fhe a:�aptica�n of li�i�n� t�?rdi�n�e Nc�. 24I 3.Qt}3 (� "I�.ez�n�g Ur��ce"}. '£� 4�,rs he�eh3� ag�ee _a�ui �nser�t t� ati c�� t� cfl�iditions im� b�r t�e I1fi��a Town Cc>u� i� �u�ti�n witl� #�e appr�val �►f #he �ezc�n�g flrdinanceand waave any r�g�t t4 c�p+��ati�+n f�r tli�i�.�n in vsl�e pursua�t tz� Ari�a Reviseci ��tut�s � 12-i 13� that �ay � c�r i� the ��tr�e �st as a �� e�€ � a�c�� #��.��cc��c�e. °� � -� cor�sent to the recording af this �eat in the offic� af t2� Pima �unty Recorcter, to giv� nc�tzr,e af this ip€t�br�me�t a�d ifis e�e� tu successars in ' c�� P��y, who� s�.E i�e b4wid by i�. ' � L?aGeci tlu� �r.y of A+�a.y, 2013. ,� G � ry �� _ _ _ __ .,.. �G�� . MQ�1tOT �►, �� ' � ��_. �,+i_! - S�rar� €�� ►�zo� ) ss. Co�nty t�f Pima ) � The �'oregoing ia..�wn�tt wwas �ka�wledg�ci befor�e me o 3N��,`--�tll3, by Michael J, M�zlito ��,jy�• Carole E. Gfeeson ��} Nofary Ppbiic - Arizona '� � PNna County � ;;� �MY GomRNssion Expirsa �U� ��1C AprN 4, 2014 STATE O� ARtZUI�tA � 5:�. Cowa�ty vf Pima ) � � Tke �vrego�g a�,st�me�t was ackmvw�edg�i be�� me a� "�,�413, by Linda I�I�lit�,�vif'eof Michael J. �!Iolitor. �-- ,�: ��>, Carote E. Gleeson g., Nofary Pablic - Arfmna �. � Pima CouM�r ""� :� Apy Cammission Expi[es � � ,� �" '� Apri14, 2014 �� {OUO33548:DOGX 1} , r� �.�� '� - � � ��r a , e�� A� T4Wtte �Citt!Gr lieztlIIit� - P[t1p 2fl? i1�T�iVer 3l2t>i2t?13 �.49 PM F)C � CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2013.003 Ruby C. Dove, a single woman and surviving spouse of Russell W. Dove, deceased, (the "Owner") owns the land referred to in this instrument as the "Property" and more particulaxly described as the south 25 feet of Lot 2 of Block 1 and the north 50 feet of Lot 3 of Block 1 of Amended Nichols Addition, 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 16 of Maps and Plats at Page 18. The Property is a portion of the land which is the subject of Town of Marana rezoning case PCZ-10008, filed on behalf of the Owner and others, which the Marana Town Council approved with conditions on March 5, 2013 by the adoption of Marana Ordinance No. 2013.003 (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 alsa cansents 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, 2013. � �. � � Ruby C. Dove STATE OF ARIZONA � SS. County of Pima ) The foregoing instrument was acknowledged before me on April �, 2013, by Ruby C. Dove, a single woman and surviving spouse of Russell W. Dov , deceased. (Seal) ..�.""""'""'""" Notary Pu 1 c r�aS:zr CafO(e E. GI@BSOt1 �--r'��^'�, Npqry Pablic - Arizona Pima County �� My Commission Expires �r.,� �� Ap�il 4, 2014 {00033507.DOCX /} Marana Towne Center Rezoning - Prop 207 Waiver 3/20/2013 5:35 PM FJC 5