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HomeMy WebLinkAboutOrdinance 2003.26 Approving a town initiated rezone of land north of Moore Road and west of Tortolita Road F. AL'N RODRIGUEZ, RECORDER RECORDED BY: NMB DEPUTY RECORDER 1134 PE2 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12173 PAOE: 1675 NO. OF PAOES: 5 SEQUENCE: 20032160515 11/07/2003 ORDIN 16:48 MAIL AMOUNT PAID MARANA ORDINANCE NO. 2003.26 8.00 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AILIZONA, APPROVING A REZONE INITIATED BY THE TOWN OF MARANA TO REZONE APPROXIMATELY 10 ACRES OF LAND LOCATED NORTH OF MOORE ROAD, WEST OF TORTOLITA ROAD, IN A PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, FROM "C" (LARGE LOT ZONE) TO ZONE "MU-l" (MIXED USE ZONE). WHEREAS, Ted and Kathy Widger, the Northwest Fire District, and Northwest Holdings, Inc. are the owners of three parcels of land consisting of approximately 10 acres in total, generally located north of Moore Road and west of Tortolita Road within Section 26, Township 11 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planinng Commission held a public hearing July 30, 2003 and voted 7-0 to recommend that the Town Council approve said rezone, adopting the recommended conditions; and WHEREAS, the Town of Marana Planning Department held a public involvement meeting September 18, 2003 at the Heritage Highlands Golf and Country Club to elicit public commentary and provide information related to the rezoning; and WHEREAS, the Marana Town Council heard from the property owners, staffand members of the public at the regular Town Council meeting held November 4, 2003 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 10 acres located within Section 26, Township 11 South, Range 12 East, north of Moore Road and west of Tortolita Road (the "Rezoning Area"), is hereby changed from Zone "C" (Large Lot Zone) to Zone "MU-l" (Mixed Use Zone). Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for a variety of rural conxmercial uses, 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. No approval, permit, or authorization of the Town of Marana authorizes the applicant and or landowner to violate any applicable federal or state laws or Marana Ordinance No. 2003.26 Page 1 of 3 regulations, or relieves the applicant and or landowner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. No further lot split, land division, and or subdivision of land shall occur without the approval of the Town· No lot, legally existing prior to the adoption of this ordinance, nor any lot legally · created subsequent to the adoption of this ordinance, shall be allowed to have or shall conduct more than a single use, as permitted or conditionally permitted by this ordinance. The following uses, otherwise permitted outfight in the "MU-l" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject 10 acres subsequent to the adoption of this ordinance: A. Kennels. B. Aviaries. C. Blacksmith shop· D. Crop production. E. Grazing and raising of livestock. F. Raising and marketing of poultry, rabbits, and small animals. G. Sale stands for the sale of agricultural and horticultural products produced or grown on the premises· H. Trucking operations and yards. The following conditional uses, otherwise permitted conditionally, subject to special approval procedures, in the "MU-I" (Mixed Use Zone) zoning district, are hereby expressly prohibited relevant to any development of the subject I 0 acres subsequent to the adoption of this ordinance: A. Additional building heights. B. Apiaries. C. Commercial riding stables and boarding stables· D. Lighted game courts. E. Manufacturing. F. Processing and assembly. G. Restaurants. H. Public or private rodeo facilities. I. Sexually oriented businesses. J. Warehouse facilities· i ? i 6 ? Marana Ordinance No. 2003.26 Page 2 of 3 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. 2003.26. 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 4th day of November, 2003. ATTEST: elyn (~tBronson, Town Clerk APPROVED AS TO FORM: i Marana Ordinance No. 2003.26 Page 3 of 3 EXHIBIT 'A' A part of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona described as follows: Beginning at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said Corner being N 00 deg 03 min 01 sec W 1313.66 ft from the Southeast Corner of said Section 26; Thence S 89 deg 25 min 30 sec W along the South line of said Southeast Quarter 662.36 ft to the Southwest Corner of said Southeast Quarter; Thence N 0§ deg 03 min 09 sec E along the West line of said Southeast Q~arter 658.40 ft to the Northwest Corner of said Southeast Quarter; Thence N 89 deg 33 min 40 sec E along the North line of said Southeast Quarter 662.3? ft to the Northeast Corner of said Southeast Quarter; Thence S 00' deg 03 min 0I sec E along the East line of said Southeast Quarter 656.83 ft to the Southeast corner of said Southeast Quarter, The Point of BegiD/ling. Containing 9.999 acres. MARANA TOWN OF MARANA WIDGER, NW FIRE DISTRICT, AND NW HOLDINGS REZONE MARANA CASE NUMBER: PCZ-03073 Moore Rd. 700 0 700 1400 Feet Tangerine Rd. REQUEST A REQUEST BYTHE TOWN OF MARANA TO INITIATE A CHANGE IN ZONING ON 10 ACRES FROM "C" (LARGE LOT ZONE) TO "MU-I" (MIXED USE ZONE), GENERALLY LOCATED ON THE WEST SIDE OF TORTOLITA ROAD, NORTH OF MOORE ROAD, WITHIN SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST.