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Home My WebLink AboutOrdinance 2007.002 Approving a rezoning for Hansen Hollywood I F. ANN RODRIGUEZ, RECORDER R1!iCORDED BY: RJL DEPUTY RECORDER 9544 PEl DOCKET: 13006 PAGE: 2708 NO. OF PAGES: 3 SEQUENCE: 20070450828 03/07/2007 ORDIN 16:36 MAIL AMOUNT PAID SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 $ 8.00 MARANA ORDINANCE NO. 2007.02 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR HANSEN HOLLYWOOD. WHEREAS, Lynn Hansen is the property owner of approximately 4.14 acres located on the southwest comer of Hollywood Boulevard and Saint Patrick Road in a portion of Section 1, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Marana Planning Commission held a public hearing on December 20,2006, and at said meeting voted 7-0 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 February 20, 2007, and have determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, Arizona, as follows: Section 1. The rezoning of approximately 4.14 acres ofland as described below is located on the southwest comer of Hollywood Boulevard and Saint Patrick Road complies with the General Plan. Section 2. The rezoning area is hereby changed from "R-144" (single family residential 144,000 square foot minimum lot area) to "R-36" (single family residential 36,000 square foot minimum lot area) on the 4.14 acres ofland located on the southwest comer of Hollywood Boulevard and Saint Patrick Road. Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family custom homes on large lots. 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 Maran a Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all provisions of Towns Codes, Ordinances, and policies ofthe General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. Any property owner of this parcel shall be required to process a final subdivision plat to create any new lots. All parcels created by the subdivision plat must have paved all weather access. 3. The owner shall limit the overall disturbance of the parcel to a total of not more than 30 percent. 4. The total disturbance area for each lot shall be recorded on the final plat Page 1 of2 J ::~& ~:l It!;, !i:;~~ If['~ II"~ ,4", ''''~~' ,I ~:j~ i~::~; ~ '-"J~ 5. A native plant permit must be obtained with each building/grading permit. The plant inventory methodology must be used. 6. A contribution of $1 ,200 per dwelling unit is paid to the Marana Unified School District at the time of building permit. 7. 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. 8. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into Northwest Fire District or otherwise provide for fire protection service. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section (" A.R.S. ~") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer 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 15 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, as of the effective date of Ordinance No. 2007.02. Section 6. If any section, subsection, sentence, clause, phrase or portion ofthis 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 ofMarana, Arizona, this 20th day of February, 2007. ~"UU!l ~\~OF~.1~ ~ ~~,\,,,u,,,,,,:'~ ~~ S ~~~ ~"Y"t-~ :::/2 i CORPORATf \ ':P ::. = E <:x::)O = = - =SEAL": - :. '\ ~ ;:: ~ ~ ~ s ~ AI ~11"1Il"\~ ~ ~ !YIZ ,\~\'~ ~IIIAAU\\\~ ATTEST: _~~/?L- ~_' Mayor Ed Honea -h,r :I :~~~ itl] li:l1 IE:;; ~~ II'.~ ,~{:" 1""'01 " !1~ ~:I' '.q., Page 2 of2 ,.. EXHIBIT A HANSEN HOLL YWOOD PARCEL THE NORTH HALF OF THE SOUTHEAST QUARTER OF LOT 3 OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA, COMPRISING 4.14 ACRES. ) . . .f..,"...._,.<..~..".._,'%~"">=>'".._......__--...........,...._....._;'4~...___....0"0 ::t ,~..~ ~ m ."" .::i ij:~) il""~1 ,'lb '''Ii :1 ~~ SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 CONSEN 13006 2706 2 20070450827 03/07/2007 16:36 ~. ANNoRODRIGUEZ, RECORDER RECORDED BY: RJL DEPUTY RECORDER 9544 PEl DOCKE T : PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 8.00 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.02 LYNN HANSEN and CATHY HANSEN, husband and wife (the "Owners") own the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2007.02 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06090, filed on behalf of the Owners, which the Marana Town Council approved with conditions on February 20,2007 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 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 county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound by it. Dated this 5~aYOf 1fl~2007. The "Owners": 2ff~~~ STATE OF ARIZONA) ss County of Pima ) The foregoing instrument was acknowledged before me on ~ ~ 2007 by Lynn Hansen and Cathy Hansen, husband and wife. ~~~ thy Hansen OFFiCIAL SEAL BAHBARA J. WARE NOTARY PUBLlC.ARIZ-ONA . PIMA COUNTY L .--.._.__.... My Comm. Exp. Jan. 18,2010 ~\j.~ Notary Public t ,.:~ ~il W\~ .~:', I",,) M{ commission expires: -I ~ -~O/O .._, -~ ~)I.:AL ci. WARE :C}~RIZ'()NA ;.., UNTY if Comrn. Exp. J . 18, 2010 if;l ;; '1 ~:l ~:::~ {OOOO4088.DOC I} 2120/20074:53 PM FJC z, .- EXHIBIT A HANSEN HOLLYWOOD PARCEL THE NORTH HALF OF THE SOUTHEAST QUARTER OF LOT 3 OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST GILA AND SAL T RIVER MERIDIAN, PIMA COUNTY, ARIZONA, COMPRISING 4.14 ACRES. ) -~-~-'''''''''~''''''''''''''~''''''''-',-,"--"""_-....=""""^-_....,,,,-,,,.,, ' t '~ ~1~ ~~ d'." ~::) ~ld Ir~~ .,'" '~;r It~ '-:;1'