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HomeMy WebLinkAbout02/20/2007 Call to the Public Materials February 20, 2007 To Whom It May Concern: My wife and I have owned a piece of property at 13968 N. Adonis Rd adjacent to Marana Estates for 17 years. The property is zoned E which means it is in the transportation corridor and is permitted to be used for light industrial such as contractors yards. According to the town of Marana website the future designation for this land will be considered Industrial/Campus. I have had numerous inquiries about renting or buying the property and have attempted to go through the S.L.U.C. (significant land use change) process a number of times only to be rejected as unsuitable by the residents of Maran a Estates. Now I generally tell people inquiring about the property for certain uses that it's not worth trying as the neighbors won't allow it. Four years ago Robert Zamit who is the developer for San Lucas Estates needed Y4. acre of my land so the frontage road could be rerouted to suit his needs. We were faxed documents (see support documents pages 4-7) supposedly from the Town of Maran a instructing us to deed over Y4. acre of our land without compensation to accommodate the new road. The fax identified the sender as Carl Schroeder who I called to inquire about this. He hemmed and hawed and fmally told me he was a real estate broker from the Kadon Company and not employed by the Town of Maran a and I was told that I should be happy Mr. Zamit is putting in the subdivision as it would raise my property value and that other property owners had already been convinced to donate their land. Whether or not the Town of Marana went along with Mr. Zamit's effort to get us to donate our property I do not know. I never wanted to sell that portion of our property as it created an odd shape making it far less usable to a future owner. Ultimately I was pressured by Zamit and the Town ofMarana thru the threat of condemnation and settled for $13,000. It angered Mr. Zamit that I was not agreeable to donating my land for the benefit of his enterprise and he told me he would never agree to any future uses for my land and it now appears his intentions are just that. Recently Bob's Materials presented a proposal to use our land as a contractors' yard which shouldn't have required an SLUC with intentions to beautify the property and provide job opportunities. This use would have had very little impact of any negative type and Mr. Zamit objected even thought all the homes he's building will require landscaping in the future. The residents of Marana Estates also rejected this proposal as was to be expected, even though our land only borders one home site in any significant way. Even though our property is zoned for a light industrial type of use, almost everything of that nature is rejected making our property almost impossible to do anything with. (}w" el" Ai? rI, Frl( 11 /( f(}.r= o( 71 Bob's Material Supply, LLC 2341 W Wetmore Tucson, AZ 85705 520-887-8180 Dear Land Owners and Interested Parties, Bob's Material Supply, LLC is seeking a Change of Substantial Land Use for a property located at 13968 N Adonis Dr, Marana. We.are seeking this change to allow us to open a sales yard in the area, providing customers with an option to buy from a locally owned company when purchasing landscape supplies and decorations. We wish to take a few moments of your time and explain who we are and what we have proposed. Bbb's Material Supply, LLC, has been a landscape supply company in the Tucson area for over 32 years. It has been a family owned and operated business demonstrating a strong presence in the community while providing customers with rock solid business practices. The company haswatched Tucson grow amazingly over the past 32 years and has waited and sought the right location for a new location to continue serving the community with dependable, honest business practices as we have always done in our past. Bob's is and has been contributing sponsors to such desert preservation groups as the Zero-scape competition held in Tucson, several local Boy scouting projects such as nature trails and parks, the Az Fish and Wildlife conservation park and many more locally beneficial charities. Additionally, we are members and sponsors of the Southern Arizona Home Builders Association, Marana Chamber of Commerce and several organizations, which provide the business community with vision and a future in Tucson. We are good neighbors. Currently, as we have been seeking a new location to establish ourselves, the location at 13968 N. Adonis Dr, Marana has become available for a lease. The property as you have seen it in the past has been a storage yard and has undergone many more tenant changes than is beneficial to your neighborhood. Bob's would like to change that trend. We have offered the owners of the property a term lease with a provision to terminate for expansion and development to your area. As we all know the retail rock and gravel sales industry in the area has not been looked upon as a good neighbor. However, the locations at Bob's 2341 W. Wetmore in Tucson, has always set a standard for appeal and neighborhood appearance. The location proposed on Adonis would be no different. We plan to control all of the undesirable aspects of this type of business while offering the neighbors an improvement to the area, fitting in with the new development nearby. Our desire is to be the best neighbor we can be. In our design of property, we have set aside room for landscaping and designed hard-space which will enhance the views from the freeway of the property. We are planning to exhibit the same controls on dust as we have in our other yard, irrigation and direct spray methods. Bob's does not have an intention to be in the way of progress and will relocate the Marana Facility when the town growth demands our business moving to a new location. We understand the design of Marana and want to be apart of your neighborhood, not a thorn. Bob's Material Supply, LLC does have a desire to be a part of Marana with all of our customers continuing to do business with us and would like to make this property part of our business history. We have worked with Marana Town Officials to commit to being the right business for the area and we will keep our commitments. Let me explain some of the issues we have discussed since our business will be in a nearby residential area. 1. We will not operate equipment during normal quiet hours. Our hours of operation at this location will be no more than 7:00 am to 5:00 pm Monday through Saturday and 12:00 noon to 5:00 pm on Sunday. No early morning trucks or tractors. 2. We will do everything financially possible to eliminate the viewing of our business by the neighbors to our borders, providing landscaping and trees where possible and stock of palletized material along our perimeter to the East and South. 3. We will provide a nice view of our location from the roadway as to attempt to beautify the area as is the plan following all Marana guidelines for landscaping of this type of location and Zoning permit. 4. We will illuminate with security lighting only consistent with the town vision and neighborhood policies. No upward lighting, broadcast lighting or street type lamps. 5. We will attempt to meet all concerns of our neighbors on a continuing basis. And invite all concerns to be addressed prior to opening of our business, as good neighbors should. Concluding, the proposal as submitted is in the best interest of our community. If accepted will bring revenue to the town, growth to the area, and stability to the property which has been vacant for so long. If you have questions please feel free to contact our company to one of the following people; Tony Pedroza or Raylene Barger at 887-8180, or call your local Marana Planning Department at 382-2600. ~/ Y . d f '"'-~ When Recorded, Return To: Town of ~:Iarana 13251 N. Lon Adams Rd. Marana, AZ 85653 DEED OF DEDICATION Andrew Ronald Frank and Candace Charvoz Frank, husband and wife: as joint tenants with the right of survivorship 220 $. Bella Vista Drive Tlicson, AZ 857:15 Grantors: Grantee: TOWN OF MARANA. a municipal corporation For a valuable consideration, Andrew Ronald Frank and Candace Charvoz Frank, husband and wife, hereby dedicate to the TOWN OF MARANA, a municipal corporation, the following described real property located in Pima County, Arizona, to be used for roadways, utilities, and all other purposes for which rights of ways dedicated to the public use are normally utilized. to-wit: See Exhibit A attached hereto and incorporated herein b~' this reference. Grantors warrant that title of said property is merchantable. IN WITNESS WHEREOF, GRANTORS have executed these premises this ___ dilY of _____ __ .__' 2003 STATE OF ARIZONA ) ) 5S. County of Pima ) 09Sl.-028 (025) By: Andrew Ronald Frank SSI~ '~apao~4os 'cr T~e~ eY5:S0 80 01 qa.:l On this _ day of appeared Andrew Ronald Frank. : 2003, before me, the undersigned, personally IN WITNESS 'WHEREOF, I bave hereunder set my hand and official seaL Notary Public My Commission Expires: Bv: , ---.------...-------- Candace Charvoz Frank STATE OF ARIZONA ) ) SS. rounty of Pima ) On this day of .._..,2003, before me, the undersigned, personally appeared Candace Charvoz Frank IN WITNESS WHEREOF, I have hereunder set my hand and oflicial seal. My Commission ,Expires: ACCEPTED: TOWN OF MARANA, a municipal corpoTation ) By: Its: / ~ . -, ^-. portio~ of,tQe p#c~l ()n~d,descri1iidinP.ocket 9013, Pa~e 228. R~f'~('~i"'1!utjaFoun~,@~~~t': Sltuated In ,t~e;;~utlJ.V/eston~9uart~of,S~tJon22, Township ,II. South~'Ran e :1}East. GJla and:>,~~n,{'" ',' River Meridian,fima COWlty.Arizona, and describOO as follows: '. .;>'";,l) ""-' \.<," ,.'"'t '..~ COMMENCING at the point of intersection of the northeasterly right-of-way}ine of the Southern Pacific Railroad and the north line of the Northeast one-quarter of said Southwest one-quarter of Section 22 and lying N 89016'45" Ea distance of 196.28 feet from the northwest comer of said Northeast one-quarter of the Southwest one-quarter; 'THENCE N 89016'45" E upon said north line a distance of 92.33 feet to the POINT OF BEGINNING; '. THENCE continue N 89016'45" E upon said north line a distance of 124-41 feet; THENCE S 27017'30" E a distance of 207 . 75 feet to the northeasterly right-of-way line of Amole Circle as dedicated by the plat ofMal1ina Estates Subdivision No.1 recorded in Book 9 of Maps and Plats at Page 85, records of Pima County. Arizona; THENCE N 500) 1'33" W upon said northeasterly right-of-way line a distanceof285.94 feet to the POINT OF BEGINNING, Said parcel ofland containing 11558.35 square feet or 0.2653 acres, more orless. Prepared by' MMLA, Inc. Esmt_90I 3.rtf ~ . -, " i ~ J\- ~ ~_ D.,... ~ '.9, . ~ V.l ~ <<' ' u ,"po. . . " .?.?a ". , '":"l0- rD 1 O.P. & 5/S"I.P. ,(TOGETHER) "- "'~ " " " "- 98072-04 To Joe y lev? t',...o n .rCJ/7 ]-/9-0] March 18, 2003 Statement as to chain of events and time line On February 10, 2003 I received a fax from Carl Scroeder. He informed me that due to a subdivision development planned for the near future and a rerouting of Adonis Rd, a .26 triangular portion of my land needed to be dedicated to the Town of Marana and as a result of this my land would become far more valuable than it currently is. My reaction was that I would sell it for a fair price and he said this would anger the Town of Marana and they would make it very difficult for me to do anything such as a zoning change in the future. He told me that some other older property owner had just dedicated a portion of their property to the Town of Marana at no charge and implied that I should do the same. This seemed odd to me that this person would be representing the town of Marana in such a fashion. I asked him what his position was with the Town of ivlarana and he hemmed & hawed and then it was revealed that he actually was a broker for Kadon Company and represented Robert Zammit, the developer of the new subdivision going in Northeast of the Marana exit of 1-10. He also told me my land was of such a small value that I might as well dedicate it to stay on good terms with all concerned. I then told him that 5 years ago I sold a 1 acre parcel adjacent to the portion in question for $31,000 and that the land was of significantly higher value now. We left it at that and I next contacted and met with Jim Degrood who is the Development Services Administrator for the Town of Marana. During the meeting he show.ed me the map of the upcoming changes to Adonis Road which allow for up to 250 ft. of my property to be condemned in order to widen Adonis Rd. As my remaining 3 acre parcel is only 260' ft deep, this means I would be left with a 10 ft strip of land. The broker for Mr. Zammit, Carl Scroeder failed to even mention the proposal by the Town of Marana to condemn virtually all of my land eventually for no compensation. He had to be aware of . this fact but wanted to have me deed the triangular portion before learning I would end up losing all of my land. I have developed 3 of my original 6 acres for use as contractors yards and have rented one acre as a contractors yard for 5 years. I have also fenced and cleared my remaining 2 acres thereby showing it's intended use without a doubt. My land is zoned E which signifies Transportation Corridor and it's use as contractor's yards is deemed appropriate. Due to the scarcity of contractors yards in the Northwest area in general, they have a far greater value than similarly zoned but undeveloped parcels. This new subdivision notwithstanding our land currently should be valued at $70-$80,000 per acre. I've established a pattern of usage on my land and as I have not applied for a Significant Land Usc Change, Mr. Degrood told me I was not entitled to be compensated for any amount of land Marana chooses to take in order to widen Adonis Rd. Prior to speaking with Mr. Degood I was aware that the parcel next to mine occupied by Anchor Plumbing had successfully received it's Significant Land Use Change. As I am using my land as contractors yards I have not changed its use so in essence my property is already suitable for use as contractors yards. Mr. Degrood told me he would be forced to compensate Anchor Plumbing for condemned land but not mine. As I have no need to apply for a significant land use change, there is no logic to this statement. I was told I could continue to rent the contractors yards but if I try to sell any portion the prospective buyer would be notified that in 8-10 years Marana would take the land. So, this means my land has no future value and I expressed the fact that this is unacceptable and I would take appropriate action. I was then told that the 250' to be taken would most likely be reduced to 70 or 80 ft. and I would receive a letter indicating this. I have yet to receive a letter. I have spoken to an attorney who has informed me that the Town of Maran a cannot do this and I must be paid fair market value for condemned land. I am presently in limbo concerning the actions of Robert Zammit, the developer of the new subdivision & Jim Degrood, Administrator of Development Services. ~ a.J~ Northwest Explorer INSIDE: . Local News . Features . National News . Archives . Classifieds . Entertainment . Health . Stocks I Finances ._' AtLQut Us . Feedback . E-Mail Us . Home Search The Web Travel Info Web Directory Yellow Pages White Pages Meet Someone My Page City Guide Lottery Results Weather TV Listings Movie Listings Maps/Directions Horoscope Greeting Cards SMALL NEIGHBORHOOD IN BIG FIGHT OVER DEVELOPMENT By Patrick Cavanaugh North Marana is dotted with small semi-rural neighborhoods with names like Honea Heights, Berry Acres and Marana Estates. They are tight-knit communities, mostly working-class in character, where people value their neighbors and relative isolation. But a building boom and a massive demographic shift are in the works. The agricultural fields and scrub desert that surround these older neighborhoods will soon fill with up to 7,000 homes slated to be built in a slew of master planned communities, and life for people like Phyllis Farenga will change forever. Farenga and her neighbors, who live and work in the 40 or so homes and businesses that comprise Marana Estates located east of the Interstate 10 near the Marana Road interchange, are becoming the first significant test case of how the new and old neighborhoods will be integrated. And after months of meetings, accompanied by threats of a referendum and the promise of reactivating the Alliance Marana neighborhood coalition that recalled Marana council members in the mid-1990s, the neighbors of Marana Estates may have fought their way into a position of having a say in how their neighborhood will change. "We're trying to have a say in how our neighborhood develops and the town is trying to take that away from us. They're trying to take away our ability to govern ourselves and we're not going to let that happen," Farenga said. "We're making progress, but we're not home free yet." http://www.exploremews.com/display/inn_newslNews/news02.txt Page 1 of6 AMPHrrtt.AWB. ,..."i,. .S.I1.",. ~B!m~P ~=;(C~lll1""G 8/15/03 Northwest Explorer Page 2 of6 The primary conflict is centered not on the 298-acre San Lucas development that will drop up to 800 new homes next to Marana Estates, but rather on a tentative deal between the town of Marana and the owner of a 2.9 acre parcel of land that the town needs for a road project. Under terms of the deal, Marana would receive a portion of the land which would serve as right of way for a five-lane roadway. The property owner, Andrew Frank, would get his property rezoned for heavy industrial use. "The property owner gets his zoning, the town gets a free right-of-way and the neighborhood gets treated like chopped liver," Farenga said. "This is putting heavy industry right on top of u~." Farenga says the heavy industrial designation would pave the way for just about any factory or business to be placed cheek-to-jowl with her neighborhood. The town's zoning code cites chemical, soap and drug manufacturing as among the acceptable activities in an HI zone. Marana Development Services Administrator Jim DeGrood said the HI zoning would give the neighbors more control over businesses that have cropped up in the neighborhood over the years. He notes the neighborhood already contains two well pump companies, a plumbing business, and other operations that have set a precedent for applying the HI zoning. "HI zoning most closely identified with the existing uses on the property. If we're looking at the existing contractor yards, the well pump business, the plumbing business - the businesses that are out there already- then let's apply appropriate standards," DeGrood said. While he says the town is trying to look out for the welfare of the neighbors by giving them a zoning that would require buffering and screening of the businesses, he readily admits the importance of the town obtaining the right- of-way from the property owner. "There is going to be a need for a five-lane road there in the future and if I can get the right-of-way free of charge, I'm going to do http://www.explorernews.comldisplay/inn_newslNews/news02.txt 8/15103 Northwest Explorer Page 3 of6 so," DeGrood said. Despite objections and written protests from the Marana Estates neighbors, the Marana Planning and Zoning Commission unanimously approved the initiation of the rezone April 30. Frank, the property owner, already leases out the land for use as a contractors yard. He said he has no plans to expand any industrial use on the property and doesn't want to do anything the neighbors will object to. He also points out Marana planners initiated the proposed rezone of the property from its current status as a Transportation Zone. "The situation is that, originally, I was told by the town of Marana that they were just going to take my land. They would take a portion of my land, about a third it, for this right of way and which I wasn't too happy about," Frank said. "Marana didn't want to pay for the land and it all came up in conversation that it would help me and it would help them. It would make it easier for me to get uses approved in the future. " Former Marana Town Manager Mike Hein, who left the town earlier this month to become an assistant county administrator for Pima County, denies there was any attempt to lean on Frank in order to try and obtain the right of way. "I recall quite clearly that I told Mr. Frank we were not in the process of condemning his land. I also recall the meeting adjourned with a friendlier atmosphere that when it started and we had agreed to work toward some sort of solution," Hein said. Robert Zammit, who represents the developers of the San Lucas project, said he was unaware of the plans for the industrial designation. "I really can't comment because I don't have any details, but I guess at this point I'll start investigating the matter to see what's happening," Zammit said. The 50-year-old Marana Estates neighborhood has suffered from neglect over the years and the proposed rezone is just another example of http://www.exploremews.com/display/inn _ news/N ews/news02.txt 8/15/03 Northwest Explorer Page 4 of6 the town's lack of concern, Farenga said. In addition to the "steady creep" of unsightly contractor yards and other small businesses that have proliferated over the last decade, Marana Estates has suffered from water problems that included Marana shutting down the neighborhood well last year because of high nitrate concentrations. Farenga, who owns a small pest control business run from her home, and other neighbors have complained to the Pima County Department of Environmental Quality about the noxious odors coming from the 50-gallon drums of oil and solvents lining the fences of some of the businesses. "You srTlt!1I lht! oil and chemicals as soon as you walk out of your house," said resident Tom Scott. "Who wants to live like that?" Neighbors raised repeated concerns about noise and safety after a company that manufactured fireplace logs moved into the neighborhood in 1997. The business, Earth Cycle, caught fire and burned to the ground in December 2001. Farenga, who served six years on the Marana Planning and Zoning Commission and ran unsuccessfully for council in 1995, said she suspects the HI designation also is intended to cover up the "past sins" of Marana planners allowing businesses like Earth Cycle to proliferate in the neighborhood. "With the zoning we now have, most of these businesses that have come in over the years should have been approved by the neighbors through a significant land use change process. Neighbors living adjacent to a proposed business should have had veto power from stopping the change, but the town just slipped them in," Farenga said. "Now they're trying to make it HI where we won't even have that authority. " DeGrood said the businesses were allowed in the neighborhood under a clause in the zoning that allows for the placement of new business that are similar in nature to existing businesses. http://www.exploremews.com/display/inn _ news/News/news02. txt 8/15/03 Northwest Explorer Page 5 of6 "We're going by the book on the old zoning codes that exist out there. Changing the zoning would be a step toward getting more contemporary zoning in place that would actually help the neighborhood control these businesses. " Farenga was an active member of the Alliance Marana citizens group that formed in 1994 to fight a New World Homes development near Tangerine and Thornydale roads. The Alliance fought the case to a state appeals court and voters ultimately rejected the development. The group also led a recall campaign in 1995 against Mayor Ora Mae Harn and Vice Mayor Sharon Price, but voters reelected the two in the recall election. "We are exploring the idea of referendum in the Marana Estates case, and there has been some feelers put out about resurrecting Alliance Marana. That seems to have got some attention at town hall over the issue. They need to understand we're dead serious about this," Farenga said. DeGrood said the town remains committed to negotiating with the residents of Marana Estates and other zoning designations for the Frank property being considered. "We're the applicant and we can withdraw it at anytime. The status now is that we're working with the neighbors to try and find a list of uses acceptable to the neighbors," DeGrood says. The process may be about to enter a new phase that could cost the town it's free right of way. Frank told the Northwest EXPLORER he was considering telling the town he doesn't want the property rezoned. "If there's opposition to me getting a heavy industrial zoning, I'm not going to make a big deal out of it because I really could care less," Frank said. "... at this point I may just call the town of Marana and say forget about it. I'll just sell them the land in the future if they need it." http://www.exploremews.com/display linn _ news/News/news02.txt 8/15/03