HomeMy WebLinkAboutOrdinance 2023.029 Approving Modifications to Rezoning Condidtions of Marana Ordinance No. 2006.29 20232650150
ORDIN
09/22/2023 10:46:30 AM Page: 1 of 3
Gabriella Cazares-Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
k'•, MAMA ik+I'hhl !iI.K11.010711III
MARANA ORDINANCE NO. 2023.029
RELATING TO DEVELOPMENT; APPROVING MODIFICATIONS TO REZONING
CONDITIONS OF MARANA ORDINANCE NO. 2006.29, WHICH REZONED
APPROXIMATELY 9.95 ACRES OF LAND GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF INA AND SILVERBELL ROADS,
TO DELETE ZONING CONDITIONS THAT WERE INTENDED TO ONLY ALLOW A
RETAIL SHOPPING CENTER ON THE SITE AND TO REMOVE ZONING
CONDITIONS RELATED TO THE NOW-COMPLETED SILVERBELL ROAD
IMPROVEMENT PROJECT
WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance
No. 2006.29 on September 19, 2006, approving a rezoning of approximately 9.95 acres of
land generally located at the southwest corner of the intersection of Ina and Silverbell
Roads; and
WHEREAS approval of the rezoning was subject to a number of conditions,
including conditions that were intended to only allow a retail shopping center on the site,
and conditions related to the now-completed Silverbell Road improvement project; and
WHEREAS MC Companies recently purchased the four parcels comprising the
9.95-acre property and a 4.13-acre parcel to the south to develop the proposed The Place
at Ina Crossroads, a 240-unit apartment community; and
WHEREAS MC Companies has applied to the Town to remove rezoning
conditions from Ordinance No. 2006.29 that are no longer applicable to the site, due to
the proposed apartment use of the site and due to changed circumstances since 2006; and
WHEREAS the Mayor and Council find that the condition modifications set forth
in this ordinance are in the best interests of the Town and its citizens.
NOW,THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1.Section 3 of Marana Ordinance No. 2006.29 is hereby revised as follows,
with deletions shown with strikeouts and additions shown with double-underlining:
Section 3. The intent of the rezoning is to allow for the development of a retail
shopping center. 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 Marana
00091209.DOCX/1
Ordinance No. 2023.029 - 1 -
Land Development Code (but which shall not cause a reversion of this rezoning
ordinance):
1. Compliance with all provisions of Town's Codes, Ordinances, and
policies of the General Plan current at the time of development including,
but not limited to, requirements for public improvements.
2. Compliance with Title 24.S. Use Regulations in the Silverbell Road
following exemptions:
: . - :. _ ' . - : - :h location and facility generally as
shown in the tentative development plan.
b. Allow one restaurant drive through location and facility
generally as shown in the tentative development plan.
ensure that headlights from cars entering the drive through lanes do not
shine onto adjacent property.
4. The developer shall be responsible for all improvements needed onsite
and for the offsite driveway connections-and sewerage.The developer shall
be responsible for making a monetary contribution to the Town to in an
amount sufficient to cover the cert of the design and construction of a
westbound left tam lane in Ina Read at the west driveway to be
incorporated into the Silverbell Road improvement project.
5. The Town of Marana shall net issue a certificate of occupancy for any
commercial use in the proposed shopping center until the Town's capital
improvement project on Silverbell Road is substantially completed.
2. Any plat or development plan for any portion of the Rezoning Area
submitted after the effective date of this ordinance shall be in general
conformance with the conceptual land use plan attached to and
incorporated in this ordinance by this reference as Exhibit 1: Conceptual
Land Use Plan.
3. Drive-through facilities are prohibited in the Rezoning Area.
Section 2. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed as of the effective date of this ordinance; provided, however,
that this repeal shall not affect the rights and duties that matured or penalties that were
incurred and proceedings that were begun before the effective date of the repeal.
Section 3. 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
00091209.DOCX/1
Ordinance No.2023.029 - 2 -
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of September, 2023.
Mayor Ed Honea
ATTEST: APPRO ED AS TO FORM:
David L. Udall, Town Clerk 4'Fairall, Town Attorney
Ad<S&
amitiairissmassimissmr
MARANA AZ
ESTABLISHED 1977
00091209.DOCX/1
Ordinance No.2023.029 - 3 -