HomeMy WebLinkAboutOrdinance 2007.019 Rezoning to create the Marana Spectrum specific planF. ANN RODRIGUEZ, RECORDER DOCKET: 13164
RECORDED BY: LLW PAGE: 470
DEPUTY RECORDER
1956 PE2 Or P1
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SEQUENCE: 10
20072030148
SMARA ? , 10/19/2007
TOWN OF MARANA ORDIN 10:58
ATTN: TOWN CLERK
-012
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 10.50
MARANA ORDINANCE NO. 2007.19
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO
CREATE THE MARANA SPECTRUM SPECIFIC PLAN.
WHEREAS, The Planning Center, represents the property owners of approximately 170 acres
of land located on the east side of Interstate 10 at the southeast comer of Linda Vista and Camino
de Manana/Twin Peaks alignments within portions of Sections 15 and 22, Township 12 South,
Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference;
and,
WHEREAS, the Marana Planning Commission held a public hearing on March 28, 2007, and
at said meeting voted unanimously to recommend that the Town Council approve said rezoning,
adopting the recommended conditions; 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 August 7, 2007 and has determined
that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land
use designation from Corridor Commerce to Master Planning Area, and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. A minor amendment to the General Plan of approximately 170 acres of land located on
the east side of Interstate 10 at the southeast corner of Linda Vista and Camino de Manana/Twin
Peaks alignments within portions of Sections 15 and 22, Township 12 South, Range 12 East,
changing the General Plan designation from Corridor Commerce to Master Planning Area.
Section 2. The zoning of approximately 170 acres of land located on the east side of Interstate 10 at
the southeast comer of Linda Vista and Camino de Manana/Twin Peaks alignments within
portions of Sections 15 and 22, Township 12 South, Range 12 East, is hereby changed from "E"
(Transportation Corridor) to "F" (Specific Plan) creating The Marana Spectrum Specific Plan.
Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for a regional
commercial center, 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):
Marana Ordinance No. 2007.19
1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at
the time of any subsequent development including, but not limited to, requirements for
public improvements.
2. [The ultimate development proposed by this rezoning shall be eensistent with the adopted
DevelepmepA Agreement+ [Deleted]
3. Issuance of any Certificate of Occupancy will be contingent upon the Twin Peaks interchange
being open to serve the site.
4. No approval, permit or authorization by the Town of Marana 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.
5. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for
Camino de Mariana and Linda Vista Boulevard.
6. The developer will be responsible for the funding or the design and construction of all
roadway improvements that the Town finds are required based on the data and findings of the
accepted traffic impact analysis and other traffic studies that will be required at the platting
or development plan stages of this project.
7. Before a certificate of occupancy is issued for the Property, the Developer shall have
completed or shall provide evidence to the Town's satisfaction that Developer has made a
diligent effort to complete the process of having the Property annexed into a fire district or
otherwise provide for fire protection service
8. A native plant permit must be obtained prior to any site distrubance.
9. Developer shall assign to Marana, as a condition of Marana providing water utility service,
every portion of its Irrigation and Type I Non irrigation Grandfathered Groundwater Rights,
as those terms are defined by law, as may be appurtenant to lands conveyed and dedicated to
Marana in connection with the development of the Property. Developer shall to execute and
deliver all forms necessary to affect the transfer of these water rights to Marana concurrently
with such dedication, pursuant to the projects phasing.
10. All buildings associated with the project shall comply with the Town's Commercial Design
Standards (Ordinance 2007.07).
11. The final archeological survey shall be approved prior to any ground disturbing activity.
12. Minor grammar and technical changes as required by the Town of Marana shall be made to
the Marana Spectrum Specific Plan prior to Final copies being copied.
13. Upon adoption of the ordinance by the Mayor and Council approving the Marana Spectrum
Specific Plan, the applicant shall provide the planning department with the following final
edition of the Marana Spectrum Specific Plan: one non-bound original; forty bound copies;
and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the
adoption.
Marana Ordinance No, 2007.19
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 of the Town's adoption of
this Ordinance. If this waiver instrument is not recorded within 90 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 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. 2007.19.
Section6. 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
7th day of August, 2007.
Mayor Ed Honea
ATTEST:
fel?n C. Br/hson, Town Clerk
APPROVED AS TO FORM:
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OF
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Marana Ordinance No. 2007.19
CONSENT TO CONDITIONS OF REZONING AND
WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE
RESULTING FROM TOWN OF MARANA ORDINANCE NO. 2007.19
Kimco BARCLAY MARANA L.P., A DELAwARE LimiTED PARTNERSHIP, (the "Owner")
owns a portion of the land referred to in this instrument as the "Property," which is particularly
described in Exhibit A attached to Marana Ordinance No. 2007.19 (the "Rezoning Ordinance")
and incorporated by this reference in this instrument. The Property is the subject of Town of
Marana rezoning case number PCZ-06087, filed on behalf of the Owners, which the Marana
Town Council approved with conditions on August 7, 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 fight
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 W? day of A gf'L 2007.
1
Kimco BARCLAY MARANA, L.P., a Delaware
limited partnership
By: KD Marana 1553, Inc. a Delaware
corporation
Its General Partner
B
Nake
Its: KRALD FRIEDMAN-
President
t?
113
Rezoning 207 Waiver-The Marana Spectrum
STATE OF COX46rqA6'?- ss'
County of LOS
On ?kiP"?ac? IIL- -, 2007 before me, IU&CC0- ( - KZ CAO-A Notary Public,
personally appeared kcfJ& F?if&xe-,-N personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or entity
upon behalf of which the person acted, executed the agreement.
My commission expires:
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Rezoning 207 Waiver-The Marana Spectrum
CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS
FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM
TOWN OF MARANA ORDINANCE NO. 2007.19
SPECTRUM VISTA, LLC, (the "Owner") owns a portion of the land referred to in this
instrument as the "Property," which is particularly described in Exhibit A attached to Marana
Ordinance No. 2007.19 (the "Rezoning Ordinance") and incorporated by this reference in this
instrument. The Property is the subject of Town of Marana rezoning case number PCZ-06087, filed
on behalf of the Owners, which the Marana Town Council approved with conditions on August 7,
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 //"day of 2007.
SPECTRUM VISTA, LLC,
By:
b "vi Lee, itsman aging- mZmber
STATE OF ARizONA ss
County of ?/;;-a
The foregoing instrument was acknowledged
before me on e;c- t-`? / 7 _,2007
by David Lee , the managing member of
SPECTRUM VISTA, LLC, on behalf of the
L.L.C.
My commission expires:
Notary Public
OFFICIAL SEAL
COLLEEN M. KULPA
NOTA?'.Y PUBLIC-ARIZONA
Ism . PAA 'CIOUNTY
My Co?-,-ii. Exr). Fept. 15, 2009
'3
Rezoning 207 Waiver-The Marana Spectrum-Lee
EXHIBIT A
Legal Description
A parcel of land located within a portion of the Northwest quarter of Section 22,
Township 12 South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima
County, Arizona, more particularly described as follows:
Commencing at the North quarter corner of Section 22;
Thence S 00025'06" E 51.89 feet, along the East line of the northwest quarter of said
Section 22, to a point;
Thence leaving said East line, S 89034'54" W 30.00 feet, to a point on the West right-of-
way line of Camino De Manana, as recorded in Road Maps Book 2, Pages 1-4, Pima
County Records, said point also marking the Point of Beginning;
Thence S 00025'06" E 1,224.75 feet, along said West right-of-way line, to a point on the
northerly boundary line of Unisource Energy Corporation, as recorded in Docket 2363,
Page 94, Pima County Records;
Thence N 34051'57" W 871.54 feet, along said northerly boundary line, to the beginning
of a 7829.44 foot radius non-tangent curve to the left, having a radial bearing of
N 35*27'41" W;
Thence leaving said northerly boundary line, and along said curve, 58.18 feet, through a
central angle of 00*25'33", to a point;
Thence N 42016'10" E 593.87 feet, to the beginning of a 7729.44 foot radius
non-tangent curve to the left, having a radial bearing of N 40011'58" W;
Thence along said curve, 55.91 feet, through a central angle of 00024'52", to the Point
of Beginning.
Together with a parcel of land located within a portion of the Northeast quarter of
Section 22, and a portion within the Southeast quarter of Section 15, Township 12
South, Range 12 East, of the Gila and Salt River Base and Meridian, Pima County,
Arizona, more particularly described as follows:
Commencing at the North quarter corner of Section 22;
Thence N 89045'16" E 31.09 feet, along the North line of the northeast quarter of said
Section 22, to a point on the East right-of-way line of Camino De Mariana, as recorded in
Road Maps Book 2, Pages 1-4, Pima County Records, and the beginning of a 379.26
foot radius non-tangent curve the right, having a radial bearing of S86004'08"E, said
point also marking the Point of Beginning;
Thence leaving said North line, along said curve and said East right-of-way line, 30.19
feet, through a central angle of 04033'44", to a point-,
Thence leaving said East right-of-way line, N 89045'16" E 30.54 feet, to the beginning of
a 7729.44 foot radius non-tangent curve to the left, having a radial bearing of
N 41'32'37" W;
Thence along the curve, 128.00 feet, through a central angle of 00056'56", to the
beginning of a 7549.44 foot radius reverse curve the right;
Thence along said reverse curve, 528.73 feet, through a central angle of 04000,46", to a
point;
Thence N 51031'13" E 610.78 feet, to the beginning of a 40.00 foot radius curve to the
right;
Thence along said curve, 62.95 feet, through a central angle of 90010,00", to a point;
Thence S 38018'47" E 412.88 feet, to the beginning of a 1507.39 foot radius curve to the
left;
Thence along said curve, 1366.29 feet, through a central angle of 51055'57", to a point;
Thence N 89'45'16" E 87.91 feet, to a point of the East line of the northeast quarter of
said Section 22;
Thence 3 00*19'58" E 2,558.47 feet, along said East line, to the East quarter corner of
said Section 22;
Thence S89*45'49"W 1,621.14 feet, along the South line of the northeast quarter, of
said Section 22, to a point on the northerly boundary line of Unisource Energy
Corporation, as recorded in Docket 2363, Page 94, Pima County Records, and the
beginning of a 11272.37 foot radius non-tangent curve to the right, having a radial
bearing of N 48*03'25" E;
Thence leaving said South line and along said curve and said northerly boundary line,
1603.23 feet, through a central angle of 08'08'56", to a point on said East fight-of-way
line of Camino De Manana;
Thence leaving said northerly boundary line, N 00025'06" W 1,334.45 feet, along said
East right-of-way line, to the beginning of a 379.26 foot radius non-tangent curve to the
right, having a radial bearing of N 89023'42" E;
Thence along said curve and continuing along said East right-of-way line, 30.02 feet,
through a central angle of 04"32'10", to the Point of Beginning.
The total area of the two parcels contains: ± 7,315,255
more or less.
See attached exhibit "A".
feet or ±1 67.9352 acres,
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DETAIL W
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POINT OF COMMENCEMENT
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POINT OF BEGINNING
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OVERALL SITE AR
±300,262 S.F. ±7,315,255 S.F.
±6.8931 ACRES ±167.9352 ACRES
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BOUNDARY LINE TABLE
-LINE BEARING DISTANCE
BL1 SOO*25'06"E 1224.75'
BL2 N34*51'57"W 871.54'
BL3 N42'16'10"E 593.87'
BL4 N89*45'1 6"E 30.54'
BL5 N51*31'13"E 610.78'
BL6 S3,9'l8w47$'E 412.88'
_BL7 N89'45'1 6"E 87.91'
BL8 S00*1 9'58"E 2558.47'
BL9 S89'45'49"W 1621.14'
BL10 NOO'25'06"W 1334.45'
BOUNDARY CURVE TABLE
CURVE LENGTH RADIUS DELTA RAD.BRG.
BC1 58.18' 7829.44' 0'25'33" N35*27'41 "W
BC2 55.91' 7729.44' 0'24'52" N40*1 1'58"W
BC3 30.19' 379.26' 4*33'44" S86*04'08"E
BC4 128.00' 7729.44' 0*56'56" N41*32'37"W
BC5 528.73' 7549.44' 4*00'46"
BC6 62.95' 40.00' 90*10'00"
BC7 1366.29' 1507.39' 51'55'57"
BC8 1603.23' 11272.37'. 8'08'56" N48*03'25"E
BC9 30.02' 379.26' 1 4-32'10" N89-23'42"E
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EXHIBIT W
MARANA SPECTRUM
PIMA COUNTY, ARIZONA
PROJECT NO. 6852BGP
DATE: 08/14/2007
BY: BK2
SCALE. 11, = 100'
SHEET NO. 1 OF 2
SITE AREA PARCEL #1:
±300,262 S.F.
±6.8931 ACRES
SW 1/4. SEC. 15,
T12S, R12E
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SITE AREA PARCEL #
±7,014,993 S.F. (3 (cii 0
w 363 0
±161.0421 ACRES ir RICHARD A.
STOCKMAN -
SE 1/4. SEC. 15,
T12S, R12E
BC6
,I,i-- CAMINO DE MANANA
CAMINO DE MANANA
ANA
POINT OF COMMENCEMENT
NORTH 1/4 COR. SEC. 22,
T12S, R12E
P.O.B. PARCEL #1
SEE DETAIL A '45'11 2S629.141
N89'45'16"E
PARCEL#l P.O.B. PARCEL #2
BC1 SEE DETAIL "A"
SEE DETAIL "A"
Lp,
69 CAMINO DE MANANA
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10
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N-S MID-SECTION LINE
NOO'25'06"W 2633.06'
PARCEL #2
CENTER OF SEC. 22, 1004.06' BL9
T12S, R12E S89*45'49"W 2625.20
OVERALL SITE AR
±7,315,255 S.F.
±167.9352 ACRES
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MARANA SPECTRUM
PIMA COUNTY, ARIZONA
61_7
PROJECT NO. 6852BGP
DATE: 08/14/2007
BY: BK2
SCALE- 1" = 60(y
SHEET NO. 2 OF 2
EXHIBIT W