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Home My WebLink AboutOrdinance 2007.006 Rezoning for Marana Place F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKB DEPUTY RECORDER 8046 PE4 DOCKET: 13026 PAGE: 2861 NO. OF PAGES: 3 SEQUENCE: 20070650999 04/04/2007 ORDIN 15:57 SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.06 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR MARANA PLACE. WHEREAS, TNS L.L. C. Commercial Development is the property owner of approximately 2.4 acres located on the southwest comer of Sandario and Grier Roads in a quarter of Section 28, Township 11 South, Range 11 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Marana Planning Commission held a public hearing on February 28, 2007, 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 March 20, 2007, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1. The rezoning of approximately 2.4 acres of land as described below is located on the southwest comer of Sandario and Grier Roads complies with the General Plan. Section 2. The rezoning area is hereby changed from "A" (Small Lot Zone) to "NC" (Neighborhood Commercial) on the 2.4 acres ofland located on the southwest comer ofSandario and Grier Roads. Section 3. The intent of the rezoning is to allow the development of two retail buildings. 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 Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. No approval, permit or authorization by the Town of Maran a 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. 3. Deliveries to the development will be allowed between the hours of 6:00 a.m. and 10:00 p.m. only. t :3 f::l! i~; Page 1 of2 s 4. The developer shall dedicate, or cause to have dedicated, 15 feet of new right-of-way along Sandario and Grier Roads running the entire length of the north and east portion of the property upon request by the Town of Marana. 5. A water service agreement is required with the Town of Marana prior to approval ofwater plans and prior to approval of the development plan. 6. An archaeological survey shall be done prior to any disturbance of the site. 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 ofthe 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 ofthe Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, as of the effective date of Ordinance No. 2007.06. Section 6. 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 ofthe Town of Maran a, Arizona, this 20th day of March, 2007. ATTEST: ~,",'i~~Wli7j "t6F .. .;\~\'mFP, ~ o !'t;'" /'}-. ~ ~ ~ ~ ~ CQRPORAri~ t;;. ~ ,. ::' C'XX:> =,. = - - St:i'i !I. '!r - - fW'~, ~ ~E ~ ~~ ~!Olt ...... ~ ;$I ~ ~.A \I'''"Jllm~\\!-t :s .,.-~ ~YI1 iI' ~... ~~">7 tz. 19.,,~ 'if<'iii2~n\\t.., ~d MayE E HaIlea ti}/L( ~ APPROVED AS TO FORM: :1. ::~~; ~l ~it~: Ibi l;:l ~~. ~~ Page 2 of2 Exhibit A fhe West 370 feet of the East 400 feet of the South 335 feet of the North 365 feet of the Northeast Quarter of Section 28, Township 11 South, Range II East, of the Gila and Salt River Base and Meridian, Pima County, Arizona. Except the North 50 feet of the South 60 feet of the East 80 feet thereof, And Further Except any portion lying within Sandario Road and Grier Road as now established, And Except that certain parcel of land conveyed to Locks Inc., an Arizona Corporation by instrument recorded December 29, 2000 in Docket 11455 at Page 2187. (jv arb 75) :l :~~~: N '!'J~I "il;;' (;::i: i~~ll1 ''':1 "l~" :~;~ lb JII!\! ~,j~i SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 CONSEN 13026 2859 2 20070650998 04/04/2007 15:57 ("--. F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKB DEPUTY RECORDER 8046 PE4 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. 2007.06 lNS, L.L.c., an Arizona limited liability company (the "Owner") owns the land referred to in this instrument as the "Property," which is particularly described Exhibit A attached to Marana Ordinance No. 2007.06 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06116, filed on behalf of the Owner, which the Marana Town Council approved with conditions on March 20, 2007 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waives 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 Owner also consents 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 tJQ day of March, 2007. lNS, L.L.C., an Arizona limited liability company By: ;c ..1,( By: ~.L~ Cloud L. Cray, member STATE OF ARIZONA) ss County of Pima ) 1 'I~~I ~~ II"'~I ,",,, ~" ~",li ~l '") 'I~'" :Fl: Ei ~~ {OOOO4367.IXX: I} This document wa~ presented for reco.rdl.ng without legal descnptlon. - 1 - 3/26/20079:15 AM FJC :2 STATE OF ARIZONA) ss County of Pima ) ftvt)' comwiss~<m e~ire~: ltflu tL, IL~ ( f n)o The foregoing instrument was acknowledged before me member ofTNS, L.L.C., an Arizona limited liability co {OOO04367.IXX.: I} - 2- 3/26120079:15 AM FJC :1" J ~;l li~~ .Ilil", 13 1)1 "1 ~. :E~ Ei l)Jt