HomeMy WebLinkAboutOrdinance 2003.30 Approving a rezone located near Silverbell Road north of Wade Road F. AIqN RODRIGUEZ, RECORDER
RECORDED BY: NHB
DEPUTY RECORDER
1134 PE2
SMARA
TOWN OF MARANA
ATTN.- TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET~ 12201
PAGE~ 4178
NO. OF PAGES: 9
SEQUENCEs 20032440731
12/19/2003
ORDIN 16545
MAIL
AMOUNT PAID
MARANA ORDINANCE NO. 2003.30
$ 10,00
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING A REQUEST BY THE PROPERTY OWNERS TO REZONE THREE
PARCELS FROM "C" (LARGE LOT ZONE) TO "NC" (NEIGHBORHOOD COMMERCIAL), ON
APPROXIMATELY 11 ACRES GENERALLY LOCATED ON THE WEST SIDE OF
SILVERBELL ROAD, APPROXIMATELY ~ OF A MILE NORTH OF WADE ROAD, WITHIN
SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST.
WHEREAS, All Creeds Brotherhood, Inc is the owner of one parcel of land approximately 2
acres in total area and David Hoffrnan is the owner of two parcels of land approximately 9 acres in
total area, of which all three parcels are contiguous and located within Section 28, Township 12 South,
Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference;
and
WHEREAS, the Marana Planning Commission held a public hearing November 19, 2003,
and voted unanimously to recommend that the Mayor and Town Council approve the rezone, as
presented by staff; 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 December 16, 2003 and has
determined that the rezoning conforms with the General Plan and 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 approximately 11 acres located within Section 28, Township 12 South,
Range 12 East, generally located on the west side of Silverbell Road, approximately ~A of a mile
north of Wade Road, (the "Rezoning Area"), is hereby changed from Zone "C" (Large Lot Zone) to
Zone "NC" (Neighborhood Commercial).
Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for neighborhood-
level commercial services, a violation 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).
Section 3. 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. 2003.30.
Marana Ordinance No. 2003.30
Page 1 of 2
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Section 4: 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 Marana, Arizona, this
16th day of December, 2003.
ATTEST:
~n, To~n Clerk
APPROX
ED AS TO FORM:
¢, 50
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Mm Ordinance No, 2003.30
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_EXHIBIT "A" 1.1
PA. KCEL 1:
THAT PORTION OF TIIE NORTHEAST QUARTER OF SECTION 28~ TOWN.qHIF 12
SOUTM, RANGE I2 EAST, GrLA AND SALT RIVER BASE AND MERIDIAN, PIMA
COUNTY, ARIZONA, LYING SOUTH AND WEST OF SILVEKBELL ROAD, DESGRIBED
AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID
SFLVERBELL ROAD, WHICH POINT IS 6~.27 FEET SOUTH AND 68.?9 FEET .
MF.A~UI~. D (69.73 ~EET RECORD) WEST OF THE EAST QUARTER CORNER OF SAID
SECTION 28;
THENCE NORTH 58 DEGRRS~ 41 MINUTES 49 SECONDS WEST 317.41 FEET AND '
NORT}I 58 DEGREES 40 MINUTES 44 SEOCNDS WEST 1,258.90 FEET MEASURED
[NORTH 58 DEGREES 35 MINUTES WEST, A DISTANCE OF 1574.~[ FEET ICECOP. D) TO
A POINT, WHICH POINT IS THE SOUTHWESTF-2U~Y CORNER OF THE REAL ESTATE
DESCRIBED IN DEED DATED IULY 25, 1947, AND RECORDED OCTOBER 10, 1947, IN
THE OFFICE OF THE COUNTY RECORDER OF ?IMA COUNTY, ARIZONA, IN DOCKET
21 AT PAGE 352;
THENCE NORTH 24 DEGREES 23 MINUTBS ~ SECONDS EAST MEASURED [NORTH
24 DEGREES 30 MINUTES EAST RECORD), A DISTANCE OF 397.85 FEET MEASUI%ED
(393.2 FEET RECORD) TO A POINT ON TFIE SOUTHERLY LINE OF SILVER.BV3.r.
ROAD;
THENCE NOKTHWESTE~Y ALONG THE SOUTHERLy LINE OF SA/D SlLVEKBELL
ROAD, A DISTANCE OF ~03.5 FEET TO A POINT, SAID POINT BE1NO TKE
NORTHEASTERLY CORArEK OF THE REAL ESTATE DESCRIBED IN CONTRACT FOP.
SALE OF REAL ESTATE DATED NOVEMBER 4, 1949, AND RECORDED NOV]iMBEK
22, 1949 IN SAID OFFICE ~N DOCK.ET 211 AT PAGE 73;
THENCE SOLrI'H 08 DEOR.EES 50 MINUTES 16 SECONDS WEST MEASUP.~D (SOUTH 8
DEOfLEES 57 MINUTES WEST RECORD) ALONG THE EASTERLY LiNE OF THE REAL
ESTATE DESCRIBED IN SAID CONTRACT OF RECORD IN DOCKET 211 AT PAGE 73,
A DISTANCE'OF 339.85 FEET MEASURED (339,6 FEET RECORD) TO THE
SOUTHEASTERLY CORNER THEREOF;
- THENCE SOUTHEASTERLY A D1STANCE OF 210,09 FEET MEASEURED (210,2 FEET
RECORD) TO THE POINT OF BEGINNING,
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUAIl.TEK OF SECTION 28, TOWI'4SE[IP 12
SOUTH, RANGE 12 FAST, GILA AND SALT RIVER BASE AND MF.R.ID~, PIMA
EX. "A" (PAGE 1 OF 7)
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EXHIBIT "A" 1.2
COUNTY, AKIZONA~ AS ABANDONED BY RESOLUTION NO. 93.06 BY THE TOWN OF
MARANA, KNOWN AS THE OLD S/LVERBELL ROAD, AS RECORDED IN DOCKET
9~96 AT PAGE 534, DESCR/BED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUAKTER
(SEI/4) OF SAID SECTION 28;
THENCE SOUTH 00 DEGREES 33 MINUTES 36 SECONDS EAST, ALONG TItlE EAST
LLN-E OF TILE SAID SECTION 2g, A DISTANCE OF 62.67 FEET;
THENCE SOL-fH 89 DI~GKEES 52 M~KJT~S 00 DE(3REES WEST MEASEUP, ED (SOUTH
89 DEGI~ES 26 MINUTES 2~, SECONDS WEST KECORD), 68.79 FEET MEASURED
(69.73 FEET RECORD) TO TI-IS SOUTHWEST RIGHT OF WAY LINE OF SILVERBELL
ROAD;
THENCE NORTH 59 DEGR.F~S 06 MINUTP~ 25 SECONDS WEST, 1785'.00 FEET TO TH~
MOST WESTERLy COKNER OF THAT PARCEL RECORDED IN DOCKET 5744 AT ..
PAGE 760;
THENCE NORTH 08 DEGREES 50 MINUTES 16 SECONDS EAST MP~SURED (NOKTH
08 DEGREES 25 MINUTES 35 SECONDS PAST RECORD), ALONG THE
NOKTHWESTERLY LI]qE OF THE SAID PARCEL, A DISTANCE OF 339.85 FEET
MEASURED (339.51 FEET RECORD) TO THE POINT OF BEGINNING ON THE
SOUTHWEST RIGHT OP WAY LINE OF SILVERBELL KOAD;
THENCE NORTH IS.DEGREES 26 MINUTES 43 SECONDS EAST MEASUKED (NORTH
14 DEGREES 4f/MINUTES 56 SECONDS EAST RECORD), 19.5! FEET MEASURED
(193 9 FEET RECORD);
THENCE SOUTH 74 DEGREI~R 47 MINIITES 07 SECONDS EAST MEASURED (SOUTH
75 DEGg~.=~ 14 MINUTES 04 SECONDS EAST Pd~CORD), 228.99 FEET MEASRUED
(229.06 FEET RECORD) TO A POIIWT OF CLrRVATURE OF A TANGENT CUP. XrE
CONCAVE TO TIlE SOUTH; - . '
THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVIlqO A
RADIUS OF..1,099.92 FEET MEASURED ([,100.00 FEET RECORD) AND A CENTRAL
ANGLE OF 003 DEGREES $5 MINUTES 56 SECONDS MEASURED (003 DEOP. EES $5
MINUTES 53 SECONDS RECORD) FOR AN ARC DISTANCE OF 75.49 FEET MEASURED
(75.47 FE~T RECORD) .TO A NON-TANGENT LINE;
THE?NCE SOUTH 18 DEGREES 57 MINUTES 45 SECONDS WEST MEASUP. ED (SOUTH
,18 DEGREES 41 MINUTES 48 SgCONDS WEST RECOP. D), 19.81 FEET ~AS~
(19.82 ~ET ~CO~) TO A PO~T ON T~ ~C OF A NON-T~GB~ C~
CONCA~ TO T~ SO.H, A ~DJ~ L~E OF S~ CUR~ T~OUGH S~ PO~
~G A B~NO OF NORTH ~ DEG~ES 17 ~'l'~S 29 9RCO~S EAST, S~
PO~ BEING ON ~ SOUTHWEST ~G~ OF WAY L~ O~ SILVE~E~ RO~;
THL:rNCE W~_S~y, ALONG THE SAID R.I~HT OF WAY LI'N~, A.LONG T_hT~E ARC OF
SAID CURVE, TO THE LI~T, HAVINC~ A RADIUS OF 1,250.00 FEET ANrD A CENTP,~L
EX. "A" (PAGE 2 OF 7)
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EXHIBIT "A" 1.3
ANGLE OF 013 DEGREES 55 MINUTES 44 SECONDS FOR AN A.KC DISTANCE OF
303.8g FEINT TO THE POINT OF BEGD.'N1NG.
EX. "A" (PAGE 3 OF 7)
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EXHIBIT "A" 2.1
PARCEL 1:
That portion of the East haft of Section 28, Township 12 South of Range 12 East, Gila and Salt
River Base and Meridian, Pima County, Arizona, lying South and West of the Pima County
Silverbell Road, pafficularly bounded ~ncl dc~'ribcd ~s follows:
BegLnn!ng at a point on thc Southwesterly fight of way line of the pima County Silverbell Road,
which point is 62.27 feet South and 69.73 feet West of the East om-quarter comer of said
Section 28;
Thcnce North 58 dcgrecs 35 mlrmte_S West, a distance of 1021.6 feet;
Thence North 24 degrees 30 minutes East, a dist.?, of 393.2 feet, more or less, to a point on
the Southwesterly right of way line of the Pima County Sflverboll Road;
Thcnoc in a $ontheastefly direction along said fight of way linc, to thc point of beglnni-g;
F. xcepfin~ therefrom any portion thereof lying within $ilverbell Road and any portion thereof
lying within Pima farms Road; and
Furdaer excepting therefrom the following described parcel conveyed by Deed recorded
November 24, 1987 in Docket 8168, Page 1735 aha a~ amended by Sorivener's Eaxor recorded
in Docket 9417, Page 2364 to AMCOR 1NVF3TMEh~S CORPORATION, a California
corporation:
Thai portion of Section 28, Township 12 South, Range 12 East, Gila and Salt River Base and
Meridian, pim= County, Arizona, d~xibed as follows:
Commellcing lit th~ Soll~heast comer of the Northeast one,quarter of said Section 28;
Thencc South 89 degrees 12 minutes 47 ~conds West, along the South lirie of said Northeast
one-quaxtcr 280.61 feet;
Then~ Nonh 30 degrees 10 mim. lt~ 51 seconds West, llS.T~ feet to the POINT OF
BEGINNING;
Theace North 30 degrees 10 mlm,tes 51 seconds West. 628.34 feet to a point of curvature of
a tangent curve concave to the Southwest;
Thence Northwestcrly along the arc of raid cur~e, to the left, having a radius of 1,100.00 feet
and a ~ I~¢ of 009 degr~ 32 mlnute~ 10 8~¢on~$ for an arc dist~c of 183.08 feet to
a point on tl~ arc of a non-tangent curve concave to thc Southwest, a radial line of said curve
through said point having a bearing to North 47 degrees 47 mlmltes 22 seconds t:ant, said point
being in the Southwest fight-of-way line of Silverb~ll Road;
EX. "A" (PAGE 4 OF 7)
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EXHIBIT "A" 2.2
Thence along said Southwest right-of-way ~ the following courts and distance:
Southcasterly along the arc of said curve, to the right, having a radius of 930.00 feet and a
central anEle of 003 degrees 11 minutes 01 $ecolld~ for an arc distance of 51.67 feet to ~ point
of tangency;
South 39 degrees 01 minutes 37 seconds East, 816.00 feet;
South 38 degrees 37 minutes 52 seconds East, 112.77 feet to the North fight-of-way lin~ of Pima
Farms Road;
Thence South 89 degrees 12 minutes 47 seconds West, along said North right-of-way line 81.63
feet;
Thence North 59 degrees 03 mlnut~e~ 39 s~c..Ol:ld$ West, 134.77 feet to the POINT OF
BEGINNLNG.
PARCEL 2:
That portion of Silvetbell Road abandonment ~er Resolution No. 93-06 recorded Match 11,
1993 in Dockct 9496, Page 534 described as follows:
That portion of Section 28, Township 12 South, Range 12 East, Gila and Salt River Base and
Me 'rldiall, Pima Coullty, AxiZolla, de~ribed as follows:
Commencing at thc Northeast corner of the Southc~ one-quarter of said Section 28;
Thence South 00 degrees 33 m|nq~ 36 seconds Hast, along thc East llna of said Soction 28, a
distance of 62.27 feet;
'I~nce South 89 dngreca 26 minutes 24 seconds West, 69.73 feet to the Southwest right-of-way
line of Silverbell Road;
~ Nozth 59 degrees 06 mlnute~ 2~ s~onds West, 1,021.60 feet to th~ most West~ly
comer of lhat Parcel recorded in Docket 3702, Page 534;
Thence North 23 degrees 58 mlmUe~ 35 seconds East, along the Nozthwesterly line of the said
Parcel, a distance of 390.58 feet to the POINT OF BBGINNING, on the Southwest right-of-way
line of $ilverbell Road;
Thence NoOh 48 degrees 11 minutes 23 seconds Fast, 1.88 feet to a point on the arc of a non-
tan~nt curve, concave to the Southwest, a radial lin~ of radd curve through said point having
a bearing of North 48 degrees 11 minutea 23 seconds East;
EX. "A" (PAGE 5 OF 7)
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~EXHIBIT "A" 2.3 ~
Thence Southe~_~erly, along the arc of said curve, to the right, having a radius of 1,100.00 feet
and a central angle of 002 degrees 05 minnl'~ 36 ~{xlnd$ fOr 811 ~ distance of 40.19 fe.~ to
a point on the arc of an non-ta%oent curve, concave to the Southwest, a radial line of said curve
through said point having a bearing of North 47 degrecs 47 rolm,res 22 acconds Hast, said point
bcing on the Southwest fight-of-way linc of'$ilverbell Road;
Thence Northwesterly, along the said right-of-way line, along the arc of said curve, W the left,
having a radius of 930.00 feet and a central angle of 002 degrees 28 minutes 36 seconds for an
arc distance of 40.20 feet to the POINT OF BBGINNING.
EX. "A" (PAGE 6 OF 7}
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_EXHIBIT "A" 3.1
PARCEL 1:
THAT PORTION OF THE EAST HALF OF SECTION 28, TOWNSHIP 12 SOUTH OF
RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA
COUNTY, ARIZONA LYING SOUTH AND WEST OF THE PIMA COUNTY
SILVERBELL ROAD, PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF THE PIMA COUNTY SILVERBELL ROAD, WHICH POINT IS 62.27 FEET
SOUTH AND 69.73 FEET WEST OF THE EAST ONE-QUARTER OF SAID
SECTION 28,
THENCE NORTH 58 DEGREES 35 MINUTES WEST, A DISTANCE OF 1575.4
FEET, MORE OR LESS, TO A POINT,
THENCE NORTH 24 DEGREES 30 MINUTES EAST, A DISTANCE OF 353.2 FEET
TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID PIMA
COUNTY SILVERBELL ROAD, WHICH SAID POINT IS THE TRUE POINT OF
BEGINNING OF THE PARCEL BEING DESCRIBED,
THENCE SOUTH 24 DEGREES 30 MINUTES WEST 393.2 FEET TO A POINT,
THENCE SOUTH 58 DEGREES 35 MINUTES EAST 553.8 FEET, MORE OR LESS,
TO A POINT DISTANT NORTH 58 DEGREES 35 MINUTES WEST 1021.6 FEET
FROM A POINT IN THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID
PIMA COUNTY SILVERBELL ROAD, WHICH LAST MENTIONED POINT IS
DISTANT 62.27 FEET SOUTH AND 69.73 FEET WEST OF THE EAST ONE-
QUARTER CORNER OF SAID SECTION 28,
THENCE NORTH 24 DEGREES 30 MINUTES EAST A DISTANCE OF 393.2 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF SAID PIMA COUNTY SILVERBELL ROAD,
THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY
LINE OF SAID PIMA COUNTY, SILVERBELL ROAD TO THE TRUE POINT OF
BEGINNING.
EX. "A" (PAGE 7 OF 7)
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