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Home My WebLink AboutOrdinance 2004.02 Approving a rezone near Camino Martin Road F. ANN 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: 12219 PAGE: 3381 NO. OF PAOES: 5 SEQUENCE~ 20040110889 01/16/2004 ORDIN 16:24 FAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2004.02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REQUEST BY DALE FAULKNER TO REZONE TWO pARCELS, CONSISTING OF 2.4 ACRES, LOCATED ON THE EAST SIDE OF CAMINO MARTIN ROAD AND 1/2 MILE SOUTH OF INA ROAD WITHIN SECTION 6, TOWNSHIP 13 SOUTH, RANGE 13 EAST. THE REQUEST IS FOR A CHANGE IN ZONING FROM "R-36" (SINGLE FAMILY RESIDENTIAL, 36,000 SQUARE FOOT MINIMUM LOT SIZE) AND "LI" (LIGHT INDUSTRIAL) TO "HI" (HEAVY INDUSTRIAL). WHEREAS, the Ritter Family is the owner of two parcels, consisting of 2.4 acres, located within Section 6, Township 13 South, Range 13 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing October 29, 2003, and voted unanimously to recommend that the Mayor and Town Council approve the rezone with conditions; and WHEREAS, the Marana Town Council heard fi:om representatives of the owner, staff and members of the public at the regular Town Council meeting held January 6, 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 two parcels, consisting of 2.4 acres, located within Section 6, Township 13 South, Range 13 East, generally located on the east side of Camino Martin Road, approximately 1/2 of a mile south of Ina Road, is hereby changed from Zone "R-36" (single family residential, 36,000 square foot minimum lot size) and Zone "LI" (Light Industrial) to Zone "HI" (Heavy Industrial). Section 2. The purpose of this rezoning is to allow for industrial development of the subject property, a 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), subject to the following conditions: 1. The property owner, and/or owners, shall execute and record a covenant running with the land requiring them to participate in any Camino Martin Road improvement district formed for roadway, drainage, and or utility infi:astmcmre improvements. Mar*aa Ordinance No. 2004.02 Page 1 of 2 ~ 2. Any development plan submitted for the subject properties, subsequent to the adoption of this Ordinance, that generates 50 or more average daily trips, as determined by a traffic impact analysis acceptable to the Town Engineer, shall have a conditional use permit approved, consistant with and subject to the requirements of Title 10.10 of the Land Development Code, for the proposed development prior to the Town's approval of the development plan. 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. 2004.02. 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. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of January, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Marana Ordinance No. 2004.02 Page 2 of 2 EXHIBIT "A" (PART 1 OF 3) 'FHE EAST 165 FEET OF THE NORTH FL&LF OF ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 6, TO~rNSHIP 13 SOUTH, RANGE l., EAST, GIL~ AND SALT RIVER BASE A]',q3 MERIDIAN, PIIvL~, COUNTY. ARIZONA, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY OF TI-L~T CERTAIN ROAD DEDICATED BY DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF PIMA COUNTY, ARIZONA, 1N DOCKET 996 AT PAGE t 61 AND NORTHEASTERLY OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; EXCEPT THE NORTH 21 g$.52 FEET THEREOF. AN ~AsEMENT FOR INGRESS AND EGRESS OVER THE NORTH 28 FEET OF THE FOLLOWING DESCRIBED PROPERTY: 'Z-IE WEST 602.36 FEET OF THE NORTH HALF OF ALL THAT PART OF THE NORTH\VEST QU.~R. TER OF SECTION 6, TOWNSHIP 13 SOUTH,. RANGE 13 EAST, GILA A.ND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY: ARIZONA, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY OF THAT CERTAIN ROAD DEDICATED BY DEED RECORDED IN THE OFFICE OFT'FIE COUNTY RECORDER OF pINL~k COUNTY, ARIZONA IN DOCKET 996 AT PAGE 161, AND NORTHEASTERLY OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF- ~'AY; EXCEPT THE NORTH 2185.52 FEET THEREOF. AN EASEMENT FOR INGRESS AND EGRESSS OVER THE NORTH 30 FEET AND THE L~.ST 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAND FROM THAT PARCEL DESCRIBED IN DEED RECORDED IN DOCKET 9!03 AT PAGE 1018: LYING IN THE NORTHWEST QUARTER OF SECT1ON 6. TO'~SHIP 13 SOUTH, RANGE 13 EAST, GILA AND SALT RIYER BASE ?.ND MERIDLKN, PIMA. COL;~TY, .'-3:UZONA: AND FURTHER DESCRIBED AS FOLLOWS: CO.\LMENCING AT TIIE NORTH~rEST COKNrER OF SAID DEED RECORDED IN DOCKET 9103 AT PAGE 1018: SAID POINT BEING THE TRUE POINT OF BEGINNING; ~4ENCE SOL7I'I-I 87056,39" EAST, ALONG ~ NORTH L12,,~ OF SAID DEED, A DI SY.-~.NCE OF 318.25 FEET; 'i-HENCE SOL'TH 40°00'00;' WEST, A DISTANCE OF 219.38 FEET TO A POINT ON THE SOUTH LLN-E OF S.ktD DEED; EXHIBIT "A" (PART 2 OF 3) THEN"CE NORTH ~7°49'28'' \VEST~ A DISTANCE OF 318.28 FEET TO THE SOUTHWEST CORNER OF SAID DEED; ~-~ENCE NORTH 00%0'00" EAST, ALONG THE \\'EST LINE OF SAID DEED. A DISTANCE OF ~. $._ FEET TO THE TUNE POINT OF BEGINniNG. K PORTION OF LAND FROM THAT PARCEL DESCRIBED IN DEED RECORDED IN DOCKET 9103 AT PAGE ! 018: L~qNG IN THE NORTHWEST QUARTER OF SECTION 6. TOWNSHIP 13 SOUTH, RANGE 13 EAST, GILA A. ND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY.. ARIZONA, A.KD FURTHER DESCRIBED AS FOLLOWS: ~,-IENCE SOL-I-I-I' 87°56'39.? EAST, ALONG THE NORTH LINE OF SA. ID DEED, A DISTANCE OF 318.25 FEET TO THE TRUE POINT OF BEGINNING; TI-h:"N'CE CONTINUE SOUTH 87*56'39" EAST. A DISTANCE OF 263.83 FEET TO THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED BY DOCKET 8484 AT PAGE 1226: 'Z~NCE SObT~q 00°33'34" '~'EST, ALONG THE WEST LINE OF SAID DOCK.ET, A DI ST.-UNCE OF 219.86 FEET; -K,-tENCE NORTH 87°49.28'' WEST, A DISTANCE OF 261.70 FEET; ~_r~NCE NORTI-I 00o00'00' \\"EST, A DISTANCE OF 219.38 FEET TOTHE TRUE POi?,'T OF 3EGINNING THE EA. ST 30 FEET OF TIlE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LA. ND FROM THAT PARCEL DESCRIBED IN DEED RECORDED IN DOCKET 9103 AT PAGE 1018. LYING IN THE NORTH"~.EST QUARTER OF SECTION 6. TO'~'.~S~I? 13 SOUTH. R.4_'eqGE 13 EAST. GILA .&"',rD SALT RIVER BASE .&ND MERIDIA. N, PIMA COU.~TY. ARIZONA, AND FURTHER DESCRIBED AS FOLLO\VS: CO.~-~'IENCING AT THE NORTHWEST COtL\rER OF S.ZdD DEED RECORDED IN DOC_CET 9103. AT PAGE 10I g. SAID POINT BEING THE TRUE POINT OF BEGINrNING; Tr'IENCE SOUTH g~°56'39' LIST, ALONG THE NORTH LINE OF SAID DEED, A DISTANCE OF 3 i 825 FEET; EXHIBIT "A" (PART 3 OF 3) 7,-.IENCE SOUTH"00°00'( 0' \VEST. A DI STANCE OF '~dl 9.3g FEET TO THE POINT ON THE SOUTH LINE OF SAID DEED: Tb,~NCE NORTH 87°49.28.. \VEST. A DISTANCE OF 318.28 FEET TO THE SOU TH'~ ES~ COIL'RER OF SAID DEED; THENCENORTH 00~00'00'' EAST, ALONG THE WEST LINE OF SAID DEED. A DISTANCE OF 2'. 8.72 FEET TO THE POINT OF BEGIN.~ING. AN EASEMENT FOR INGRESS AND EGRESSS OVER THE NORTH 30 FEET AND THE EAST 30 FEET OF THE FOLLOWING DESCRIBED pROPERTY: A PORTION OF LARD FROM THAT PARCEL DESCRIBED IN DEED RECORDED IN DOCKET 9i03 AT PAGE 101g~ LYING IN THE NORTI'I~EST QUARTER OF SECTION 6, TO'~,~SI-IIP i3 5Ob-'II-I, IL4.NGE 13 EAST, GILA .AND SALT RI\~EK BASE AND MERIDIAN, PIMA COL~'TY, ARIZONA, AND FURTHER DESCRIBED AS FOLLO~ZS: COMMENCING AT THE NORTH'~"EST COILNrER OF SAID DEED RECORDED IN DOCKET 9103 AT PAGE 1015, SAID POINT BEING THE TRUE POINT OF BEGIlxr~ING; T.~NCE S°UTH $7°$6'39" EAST, ALONG THE NORTH LEx,~ OF SAID DEED, A DIST-&~NCE OF 3; g.2~ FEET; T.-~NCE SOUTH 00°00'00'' %VEST, A DIST.&NCE OF 219.38 FEET TO A POL,~'T OR THE SOUnd LB-E OF S.~D DEED; T.r-IENCE NORTH 87°49,25" \VEST, A DISTANCE OF 31 $.2g FEET TO THE SOUTH\VEST CORNER OF SAID DEED; THENCE NORTH 00°00'00'' EAST, ALONG THE WEST LINE OF SAID DEED, A DISTANCE OF 2'.: {L'72 FEET TO THE TUKE POINT OF BEGIN.~ING.