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HomeMy WebLinkAbout12/18/2007 Revised Amended Council Agenda Packet ~oWN oF REVISED AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 ~ Council Chambers qR'ZONP 11555 W. Civic Center Drive, Marana, Arizona 85653 December 18, 2007, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or ut in silent mode all pagers and cell phones. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than December 17, 2007, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ~owN oF REVISED AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 ~ ~ Council Chambers qR'ZONP ~ I1SSS W. Civic Center Drive, Marana, Arizona 85653 December 18, 2007, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS 1. Presentation on The Shops at Tangerine and I-10 Motorplex at Tangerine Specific Plan (Kevin Kish) ANNOUNCEMENTS/UPDATES PROCLAMATIONS F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS L CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue wili be discussed and voted upon separately, immediately following the Consent agenda. _ .~....~.~..~....~~._.~.~..~,.w~~ ~oWN o~ REVISED AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 ' ~ Council Chambers qR'ZONp 11555 W. Civic Center Drive, Marana, Arizona 85653 December 18, 2007, at or after 7:00 p.m. 1. Resolution No. 2007-223: Relating to Personnel; approving and authorizing Town staff to execute a Memorandum of Understanding with the Social Security Administration (SSA) and the Department of Homeland Security (DHS) relating to the Town's participation in the Employment Eligibility Verification Program (E-Verify); and declaring an emergency (Jane Fairall) 2. Resolution No. 2007-224: Relating to the Police Department; approving and authorizing full execution of an intergovernmental agreement with the Arizona Department of Emergency Management for the purposes of receiving funds under the 2007 Homeland Security Grant Program (T. Van Hook) 3. Resolution No. 2007-225: Relating to the Police Department; approving and authorizing the execution of an intergovernmental agreement between the Marana Police Department and regional jurisdictions to form the Pima Regional S.W.A.T. (Richard Vidaurri) 4. Resolution No. 2007-226: Relating to Development; approving and authorizing a release of assurance for Oasis Hills and acceptance of public improvements for maintenance (Keith Brann) 5. Resolution No. 2007-227: Relating to Development; approving and authorizing the execution of a third amendment to development agreement between the Town of Marana and Vulcan Materials Company (successor-in- interest to New West Materials (Kevin Kish) 6. Resolution No. 2007-228: Relating to Public Works; approving and authorizing an intergovernmental agreemer~t between the Regional Transportation Authority and the Town of Marana for the design and construction of the Twin Peaks Interchange (%ith Brann) J. COUNCIL ACTION 1. PUBLICHEARING Ordinance No. 2007.31: Relating to Water; revising fees; amending portions of Marana Town Code Title 14; changing the name of the Water Department; and declaring an emergency (Cedric Hay) 2. Ordinance No. 2007.32: Relating to the Municipal Court; amending Title 5 of the Marana Town Code; placing the court administrator under the supervision and authority of the town magistrate; and declaring an emergency (Cedric Hay) 3. Ordinance No. 2007.33: Relating to Development; adoption of the Northeast Transportation Development Impact Fee (Keith Brann) ~oWN oF REVISED AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 " ~ ° ~ Council Chambers qR~ZONP 11555 W. Civic Center Drive, Marana, Arizona 85653 December 18, 2007, at or after 7:00 p.m. 4. a. PUBLIC HEARING. Ordinance No. 2007.34: Relating to Development; amending Titles 5(Zoning) and 8(General Development Regulations) of fhe Land Development Code; adding Section 05.10.13 (R-3.5 Residential zoning); updating the noticing procedures in Section 05.03.01; and deleting the Small Lot Option in Title 8(Kevin Kish) b. Resolution No. 2007-230: Relating to Development; amending Titles 5 (Zoning) and 8(General Development Regulations) of the Land Development Code; adding Section 05.10.13 (R-3.5 Residential Zoning); updating the noticing procedures in Section 05.03.01; and deleting the small lot option in Title 8, as a public record filed with the Town Clerk; and declaring an emergency (Kevin Kish) 5. Resolution No. 2007-229: Relating to Development; approving and authorizing the execution of a retail development tax incentive agreement regarding the Marana Spectrum development project (Frank Cassidy) K. BOARDS, COMMISSIONS AND COMMITTEES 1. Resolution No. 2007-231: Relating to Floodplain Management; approving and authorizing a variance to Title 21, Floodplain and Erosion Hazard Management Code, for property located at 14475 W. Imogene Place (Keith Brann) L. ITEMS FOR DISCUSSION/POSSIBLE ACTION M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima County, Pima County Superior Court No. C20076038, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) ~owN oF RET/ISED AMENDED REGULAR COUNCIL MEETING NOTICE AND AGENDA ~ , 9 ' ~ ~ Council Chambers qR'ZONp 11555 W. Civic Center Drive, Marana, Arizona 85653 December 18, 2007, at or after 7:00 p.m. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT _ W._.r.,~,~.~.~ ~.w . _ ow o~ TOWN COUNCIL MEETING TOWN OF MARANA 9 ; INFORMATION ~RIZON~' MEETING DATE: December 18, 2007 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Presentation on The Shops at Tangerine and I-10 Motorplex at Tangerine Specifiic Plan DISCUSSION The Shops at Tangerine Specific Plan has been scheduled for a public hearing before the Town Council on January 8, 2008. The applicant would like to present an overview of this project to the Town Council in order to familiarize them with the Specific Plan prior to the public hearing. This Specific Plan proposes a change of zoning of approximately 281 acres from "E" (Transportation Corridor), "B" (Medium Lot) and "C" (Large Lot) to "F" (The Shops at Tangerine and I-10 Motorplex at Tangerine Specific Plan) to allow for a mix of commercial and retail uses as well as auto sales. Staff as well as the applicant's representatives will be available to answer questions or concerns the Council may have. ATTACHMENTS Location Map RECOMMENDATION This item is for a presentation for information only. SUGGESTED MOTION Council's pleasure. _ . ..~,~,.~,,u..w.....~. _ ~..~~._.~~.w_.~,~.~._~ _ Shops at Tangerine & _ ' - I-10 Motorplex at _ Tangerine Specific Plan \ TOVi/N OF MARANA CASE NO. PCZ-07025 ~ W ~ Subject Property Gladden Farms . , v Data Disdaimec The Tovm ol Marana povides ihis map nlamation' As Is at ihe re~uest o( ihe user with the understanding that not guarar~eed to be accurate. cared a com~ete and condusor~ drawn hom such u~formaGon are the res~wnsidlity ol the user In no eveM shal The Town af Marana becane IiaMe to users of these dala N a any other paity, for any Icss or direct. indircd. spedai, indderrtal w 1~~~ ~ 200~ Feet ~ co~sequenfialdamages,indudingbufnotlimtledtofime,money,agood~l arisirg ~rom me use or modificadon ofthe data. ~Tmm oi Marana REQU EST A request to rezone 281 acres from Zones "E" "B" and "C" to "F" S ecific Plan. p OwN OF TOWN COUNCIL MEETING TOWN OF MARANA q ; INFORMATION ~RIZON~' MEETING DATE: December 18, 2007 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Resolution No. 2007-223: Relating to Personnel; approving and authorizing Town staff to execute a Memorandum of Understand- ing with the Social Security Administration (SSA) and the De- partment of Homeland Security (DHS) relating to the Town's par- ticipation in the Employment Eligibility Verification Program (E- Verify); and declaring an emergency. DISCUSSION The Immigration Reform and Control Act of 1986 (IRCA), the Aliens and Nationality Act (ANA), and the Legal Arizona Warkers Act (LAWA) require employers to verify the identity and employrnent eligibility of all newly hired employees. Beginning January 1, 2008, LAWA (A.R.S. §23-211 et. seq.) requires that all Arizona employers use the federal government's Em- ployment Eligibility Verification Program (E-Verify), also known as the "basic pilot program," to verify the legal right or authorization to work in the United States of new employees. The E-Verify program is an internet-based employment verification program administered by the Social Security Administration (SSA) and the Department of Homeland Security (DHS). It pro- vides an automated link to federal databases maintained by the SSA and U.S. Citizenship and Immigration Services to assist employers in discharging their responsibilities under the law. Approval of this item will allow Town staff to register online for the E-Verify program and exe- cute the Memorandum of Understanding electronically, so that the Town can begin using the program by the January 1, 2008 deadline. FINANCIAL IMPACT The E-Verify program is currently offered to employers free of charge. ATTACHMENT(S) Copy of Memorandum of Understanding {0000~22o.DOC i} izi~io~ JF ~N.~. . ~~~._~.w~ _ RECOMMENDATION Staff recommends the adoption of Resolution No. 2007-223, approving and authorizing Town staff to execute the Memorandum of Understanding with the SSA and DHS relating to the Town's participation in the E-Verify program. SUGGESTED MOTION I move to adopt Resolution No. 2007-223. {oooo~zzo.DOCi} -2- i2i~io~ JF MARANA RESOLUTION NO. 2007-223 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING TOWN STAFF TO EXE- CUTE A MEMORANDUM OF UNDERSTANDING WITH THE SOCIAL SECURITY ADMINISTRATION (SSA) AND THE DEPARTMENT OF HOMELAND SECURITY (DHS) RELATING TO THE TOWN'S PARTICIPATION IN THE EMPLOYMENT ELIGI- BILITY VERIFICATION PROGRAM (E-VERIFY); AND DECLARING AN EMER- GENCY. WHEREAS the Immigration Reform and Control Act of 1986, the Aliens and Nationality Act (ANA) and the Legal Arizona Workers Act (LAWA) require employers to verify the identity and employment eligibility of all newly hired employees; and WHEREAS beginning January 1, 2008, the Legal Arizona Workers Act, A.R.S. §23-211 et. seq. , requires that all Arizona employers use the federal government's Employment Eligibility Verification Program (E-Verify), also known as the "basic pilot program," to verify the legal right or authorization to work in the United States of new employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, THAT: SECTION 1. The Memorandum of Understanding between the Town of Marana, the Social Security Administration (SSA) and the Department of Homeland Security, attached to and incorpo- rated by this reference in this resolution as Exhibit A, is hereby approved, and Town staff is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and obj ectives of the Memorandum of Understanding. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. (00007222.DOC JF I2/7/07 PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00007222.DOC JF 11/7/07 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I-9) has been completed. , Authority for the E-Verify program is found in Title N, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA l. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 441). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment {oooo~zzi.DOC i} eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify.. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, and U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that pernuts the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may " be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. {0000~221.DOC i} C. RESPONS~BILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a"List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity). • If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employxnent Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presuxnption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ;(3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirxnation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the conf`irmation system. DHS {0ooo~2zi.voc i} reserves the right to conduct Form I-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate ternunation of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a terrtative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of a photo non-match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized. In any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 1l. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature ternunation of employees based upon tentative nonconfirmations, and that any violation of the unfair {0000~22 i.noc i} immigration-related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of newly-hired employees after completion of the Form I-9. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E-Verify, to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may deternune whether he or she will contest the tentative nonconf'irmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and deternunes that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The {00oo~22i.noc i} Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the date of the refenal in order to obtain confirmation, or final nonconf'umation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated systern and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconf'umation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it deternunes that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). {00oo~22i.ooc i} . . _ . ..~.~.~uw~~~..~~_... . ~ . ~ _ - - _ _ 7. The Employer understands that if it cannot deternune whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services perfortned under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or ternunated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Ternunation by any party shall ternunate the MOU as to all parties. The SSA or DHS may ternunate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a deternunation by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States , its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act (FOIA). {0ooo~2zi.voc i} The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. {00oo~22i.noc i} ~~N ~F TOWN COUNCIL MEETING TOWN OF MARANA q ; INFORMATION ~RIZON~' MEETING DATE: December 18, 2007 AGENDA ITEM: I. 2 TO: MAYOR AND COUNCIL FROM: T. VanHook, Community Development Director SUBJECT: Resolution No. 2007-224: Relating to the Police Department; approving and authorizing an intergovernmental agreement with the Arizona Department of Emergency Management for the purposes of receiving funds under the 2007 Homeland Security Grant Program. DISCUSSION As an active participant in regional planning, emergency operations, and homeland security initiatives, Marana has been assigned key responsibilities in the event of a major disaster or terrorist event. Under current planning scenarios Marana's roadways are the major transportation route for mass evacuation to the north. The Marana Regional Airport and Pinal Airpark (located just outside Marana's jurisdiction in Southern Pinal County) have the capacity to serve as resources for both evacuation and staging of supplies needed within the region. Both airfields have the runway lengths to accommodate large-scale cargo aircraft. The Marana Regional Airport is a secured airfield with storage capacity, adequate apron parking, helipads, and roadway access for easy transfer of supplies and equipment. To enable the Town of Marana to meet its obligations and maintain its position as a reliable regional partner, Emergency Management/Homeland Security critical preparedness must be addressed through inter-agency coordination and Town-wide training and special events planning. The intergovernmental agreement will provide funding to support the purchase of the following equipment: • Two satellite phone b.ase stations @$2,495 each for a total of $4,990 • Six portable satellite phones @$747 each for a total of $4,482 • One year of service for this equipment is also included in the funding. The Town of Marana will utilize Base stations in the Police Dispatch Center and in the Mobile Command Center to enhance the Town's capabilities in the event of a traditional communications failure. This satellite system will allow Marana to continue to communicate with first responders and external partners during a critical incident. 12/10/2007 The Town of Marana will also be able to use this communication system as a tool for special event planning and management ensuring smooth coordination of events such as the Accenture Match Play Championship, an international event held annually in Marana which requires the Town to coordinate security measures and emergency preparedness with Federal, State, and local agencies. Staff will participate in extensive training with a live exercise program within 30 days of equipment acquisition. During this time, the Emergency Manager will rewrite the Town's Emergency Operations Plan and receive authorization for edits introducing satellite phone protocols. The Town of Marana will make contact with State, regional, and local jurisdictions through a variety of inethods to ensure understanding of protocols for reaching the department in the event of a traditional communications equipment failure. The Town is NIMS compliant. RECOMMENDATION Staff recommends approval and execution of the IGA with the Arizona Department of Emergency Management for the purposes of receiving funds under the 2007 Homeland Security Grant Program. SUGGESTED MOTION I move to approve Resolution No. 2007-224. -2- MARANA RESOLUTION NO. 2007-224 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING AN iNTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT FOR THE PURPOSES OF RECENING FUNDS UNDER THE 2007 HOMELAND SECURITY GRANT PROGRAM. WHEREAS the Town of Marana recognizes its duty to protect its citizens concerning matters involving Homeland Security; and WHEREAS intergovernmental agreements for joint or cooperative action are authorized by A R S 11 952; and WHEREAS the Marana Police Department is working with the Arizona Department of Emergency Management and other community agencies as a regional partner in Homeland Security; and WHEREAS the Arizona Department of Emergency Management has awarded grant funding for the provision of interoperable communications; and WHEREAS under the terms of the 2007 Homeland Security Grant Program upon execution of an intergovernmental agreement the Town of Marana is eligible to receive funds in the amount of $10,000 from the Arizona Division of Emergency Management for communications equipment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Chief of Police is authorized to execute the intergovernmental agreement with the Arizona Department of Emergency Management for Homeland Security funding. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney w oF TOWN COUNCIL MEETING TOWN OF MARANA ' ' 9: INFORMATION '~RiZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: I. 3 TO: MAYOR AND COUNCIL FROM: Richard Vidaurri, Chief of Police SUBJECT: Resolution No. 2007-225: Relating to the Police Department; approving and authorizing the execution of an intergovernmental agreement between the Marana Police department and regional jurisdictions to form the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team DISCUSSION This intergovernmental agreement (IGA) continues the Marana Policy Department's (MPD) involvement with the Pima Regional S.W.A.T. Team, the mission of which is to respond when requested by a participating jurisdiction or other law enforcement entity to potentially life threatening situations and/or incidents requiring specialized skills, tactics and/or equipment, and to secure, isolate and resolve situations in a manner consistent escalation of force theories and the preservation of life. The municipalities of Pima County, Oro Valley, South Tucson, Sahuarita, Tohono O'Odham Nation, Pascua Yaqui nation, Tucson Airport Authority and Marana currently participate in the Pima Regional S.W.A.T. Team. Marana first affirmed its commitment toward these efforts via Resolution 2005-24 in March, 2005. The agreement will confirm MPD's participation in the Pima Regional S.W.A.T. Team for the next five years. FINANCIAL IMPACT Any funding related to this agreement has been previously accounted for in MPD's budget. RECOMMENDATION Staff recommends that the Mayor and Council approve and authorize the agreement for the extension of MPD's participation with the Pima Regional S.W.A.T. Team. ATTACHMENT(S) Intergovernmental agreement between Marana Police Department and participating jurisdictions. SUGGESTED MOTION I move to adopt Resolution 2007-225. (00007158.DOC CIH 12/03/07 Page 1 of I MARANA RESOLUTION NO. 2007-225 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE EXE- CUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARANA POLICE DEPARTMENT AND REGIONAL JURISDICTIONS TO FORM THE PIMA REGIONAL SPE- CIAL WEAPONS AND TACTICS (S.W.A.T.) TEAM WHEREAS the Town of Marana, Pima County, Arizona, recognizes its duty to protect its citizens through effective police powers and to secure, isolate, and resolve situations in a manner consistent escalation of force theories and the preservation of life; and WHEREAS Pima County, Oro Valley, City of South Tucson, Town of Sahuarita, Tohono O'Odham Nation, Pascua Yaqui Nation, Tucson Airport Authority and the Town of Marana, desire to renew its collective agreement as participating jurisdictions that form and operate the Pima Re- gional Special Weapons and Tactics (S.W.A.T.) Team; and WHEREAS the Marana Police Department is a participating jurisdiction of the Pima Re- gional S.W.A.T. Team and may contract for services and enter into agreements for joint or coopera- tive action pursuant to A.R.S. 11-951; and WHEREAS formation of the Pima Regional S.W.A.T. Team enhances the ability of the par- ticipating jurisdictions, through their various law enforcement agencies, to respond to those situa- tions in which use of a S.W.A.T. team is appropriate; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Marana Police Department and regional ju- risdictions, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Chief of Police and his staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00007159.DOC CIH 12/03/07 OWN ~F TOWN COUNCIL 9 . ~ ~ . . . ~ MEETING TOWN OF MARANA ' ' INFORMATION ~Q,ZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: I. 4 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., Town Engineer SUBJECT: Resolution No. 2007-226: Relating to Development; approving a release of assurance for Oasis Hills and acceptance of public improvements for maintenance. DISCUSSION This resolution will release the assurance between Pacific International Properties LLP, Fidelity National Title and the Town of Marana, regarding Oasis Hills as depicted on Exhibit A. The Oasis Hills subdivision is comprised of lots 1 through 90 and Common Area `A'. The subdivision has been recorded in the Pima County Recorder's Office. In releasing said assurance, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.66 miles of the following paved streets: • Crook Lane • Niobrara Lane • Sublette Street ATTACHMENTS • Exhibit A- Map of streets to be accepted RECOMMENDATION Staff recommends release of the assurance for Oasis Hills and acceptance of the public improvements for maintenance. SUGGESTED MOTION I move to approve Resolution No. 2007-226. Oasis Hills Lots 1-90 Full Release MARANA RESOLUTION NO. 2007-226 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCE FOR OASIS HILLS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE. WHEREAS, Oasis Hills is a 59.46 acre subdivision located south of Oasis Road, containing lots 1-90, and Common Area `A', and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 38; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Pacific International Properties, LLP, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Oasis Hills. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Oasis Hills is hereby released from the Assurance Agreement with Pacific International Properties, LLP under Trust 60,182. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 0.66 miles of the following paved streets as shown on Exhibit A: • Crook Lane • Niobrara Lane • Sublette Street Section 3. The Town accepts for maintenance a potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of December, 2007. Mayor Ed Honea. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2007-226 Page 1 of 1 ~~'a.__~__'.""'_", i~ ^ n . O~ j;a ^ •-sN~ y c ; Q~~g ~ ; ~ ~ ~i~ 'I ~ . ~%`k -~~s f ~:1~~ ~ ~ ` ~ r.• a ~ ~ E' i~~: y'. > Q~ i.7 i ~ ~ a R ' ,»iy--, L~' y 4 4 i ~J' p_ ~ 3:in - 't:... ' e. Q~Y'~ z~ <,~t;C ~•n..~~ w ''s~~ ~~s~ a3 e.,~~, OY' r I 3 : -m---- e:; ; F b; ~ o N~ a~~ ; : . 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N a - ' _ _ ' ' " _ ' P . pNN OR TOWN COUNCIL MEETING TOWN OF MARANA q , ; INFORMATION ~RIZON~` MEETING DATE: December 18, 2007 AGENDA ITEM: I. 5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-227: Relating to Development; approving and authorizing the execution of a third amendment to develop- ment agreement between the Town of Marana and Vulcan Mate- rials Company (successor-in-interest to New West Materials). DISCUSSION Section 3.2 of the original development agreement between New West Materials and the Town, re- corded November 8, 2002, required New West to construct certain trail improvements along the Santa Cruz River not later than October 15, 2005. This was amended by the "Second Amendment to Development Agreement between the Town of Marana and Vulcan Materials Company to provide that New West (now Vulcan) "shall complete all Trail Improvements by October 15, 2007, or this Agreement is null and void." Vulcan Materials Company has now fully acquired the interest of New West in the property which is the subject of the original agreement, as well as the two amendments. Since the Town's portion of the trail system which would connect to the trail improvements to be provided by Vulcan has not yet been constructed, it is in the interest of both parties for the time for completion of the Vulcan im- provements to be extended. This third amendment would now extend the time for construction of the trail improvements for a period of three years, requiring the completion of the trail by Vulcan by October 15, 2010. ATTACHMENT(S) Third amendment to development agreement between the Town of Marana and Vulcan Materials Company (successor-in-interest to New West Materials) and letter of request from Vulcan Materials Company. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-227, approving and authorizing the execution of the third amendment to development agreement between the .Town of Marana and Vulcan Materials Company (successor-in-interest to New West Materials). SUGGESTED MOTION I move to adopt Resolution No. 2007-227. 121807 Vulcan Development Agreement Third Amendment MARANA RESOLUTION NO. 2007-227 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND ViILCAN MATERIALS COMPANY (SUCCESSOR-IN-INTEREST TO NEW WEST MATERIALS). WHEREAS, Section 3.2 of the original development agreement between New West Materials and the Town recorded November 8, 2002, required New West to construct certain trail improvements along the Santa Cruz River not later than October 15, 2005; and WHEREAS, The Original Agreement was amended by the "Second Amendment to Development Agreement between the Town of Marana and Vulcan Materials Company (Successor- In-Interest .to New West Materials)" recorded August 5, 2005, at Docket 12610, Page 4130, Pima County Recorder's Office (the "Second Amendment"); and WHEREAS, the Town's portion of the trail system which would connect to the trail improvements to be provided by Vulcan has not yet been constructed; and WHEREAS, the Mayor and Council find that it is in the interest of both parties for the time for completion of the Vulcan improvements to be extended. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the third amendment to development agreement between the Town of Marana and Vulcan Materials Company, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution 2007-227 Vulcan DA Third Amendment 121807 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND VULCAN MATERIALS COMPANY (SUCCESSOR-IN-INTEREST TO NEW WEST MATERIALS~ ThiS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND NEW WEST MATERIALS (tI11S "Third Amendment") is executed by and between the Tow~v oF MA~NA, an Arizona municipal corporation (the "Town") and VULCAN MATERIALS COMPANY, a New Jersey corporation ("Vulcan"). The Town and Vulcan are sometimes collectively referred to as the Parties. RECITALS A. The Town entered into a development agreement with New West Materials ("New West"), recorded November 8, 2002 at Docket 11923, page 3536, Pima County Recorder's Office (the "Original Agreement"). B. The Original Agreement was amended by the "First Amendment to Development Agreement between the Town of Marana and New West Materials" dated May 6, 2003, and recorded May 19, 2003, at Docket 12053, page 3944, Pima County Recorder's Office (the "First Amendment"). C. The Original Agreement was amended by the "Second Amendment to Development Agreement between the Town of Marana and Vulcan Materials Company (Successor-In-Interest to New West Materials)" recorded August 5, 2005, at Docket 12610, Page 4130, Pima County Recorder's Office (the "Second Amendment") D. Paragraph 1 of the Second Amendment modified Section 3.2 of the Original Agreement to provide that New West (now Vulcan) "shall complete all Trail Improvements by October 15, 2007, or this Agreement is null and void." E. The trail system into which the Trail Improvements were to be interconnected has not yet been constructed by the Town, and the Parties desire to extend the time period for completion of the Trail Improvements for a period of three years. AGREEMENT Now, THEREFOxE, based on the foregoing recitals which are incorporated here as the intent of the Parties in entering into this agreement, the Parties hereby agree as follows: 1. Paragraph 1 of the Second Amendment, which modified Section 3.2 of the Original Agreement, is hereby modified to provide that Vulcan shall complete all Trail Improvements by October 15, 2010, or this agreement is null and void. -1- 2. All remaining provisions of the Original Agreement as modified by the First Amendment are hereby affirmed and ratified. 3. This agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancellation of contracts by a government entity in certain instances involving conflicts of interest. IN WIT'NESS WHEREOF, the Parties have executed this agreement as of the last signature date set forth below. VULCAN MATERIALS COMPANY TOWN OF MARANA By By [Print Name] Ed Honea Mayor Its Date Date ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- STATE OF ARIZONA ) ) ss.. COUNTY OF PIMA ) The foregoing document was sworn to and acknowledged before me this _ day of , 2005, by , the of Vulcan Materials Company, a New Jersey corporation, on behalf of the corporation. [Seal] Notary Public -3- ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA q. ; INFORMATION RizON~ MEETING DATE: December 18, 2007 AGENDA ITEM: I. 6 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Resolution No. 2007-228: Relating to Public Works; approving and authorizing an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design and construction of the Twin Peaks Interchange. DISCUSSION The Town of Marana and the Regional Transportation Authority (RTA) are authorized by state statute to work together on capital improvement projects. The Town is committed to the design and construction of the Twin Peaks Interchange (the Project). The project was part of the RTA ballot language as well. The attached intergovernmental agreement establishes the RTA's commitment to a financial contribution in the amount of $30,752,00 to be used towards the cost of the Project. Upon its completion, title to the Project improvements constructed as a result of the agreement shall vest in both the Town and ADOT and the Town and ADOT shall be responsible for the continued ~ operation and maintenance of the improvements within our respective rights of way. ATTACHMENTS Intergovernmental agreement with the Regional Transportation Authority. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-228, approving and authorizing the execution of the intergovernmental agreement with the Regional Transportation Authority to provide funding for the Twin Peaks Interchange. SUGGESTED MOTION I move to approve Resolution 2007-228. RTA IGA-Twin Peaks 12/18/2007 MARANA RESOLUTION NO. 2007-228 RELATiNG TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE INTERGOVERN- MENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE TWIN PEAKS INTERCHANGE. WHEREAS A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identi~ed in the Regional Transportation Plan approved on May 16, 2006; and WHEREAS the Authority is authorized by A.R.S. 48-5304 (16) and 48-5308 to admin- ister and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan; and WHEREAS the Town of Marana and the Authority wish to cooperate in the design and construction of the Twin Peaks Interchange; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County Regional Transportation Authority attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of December, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Twin Peaks RTA IGA Reso[ution 12/18/07 INTERGOVERNMENTALTRANSPORTATIqN FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE 1-10 TWIN PEAKS TRAFFIC INTERCHANGE This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and The Town of Marana, a municipal corporation of the State of Arizona ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency, in partnership with the Arizona Deparhnent of Transportation pursuant to an Intergovernmental Agreement effective July 20, 2007 (the "ADOT IGA"), is designing and constructing a new traffic interchange on Interstate 10 in the vicinity of Linda Vista Road called the I-10/Twin Peaks Traffic Interchange ("the Project"). H. The Project is one of the transportation projects included in the Plan. 1 I. The Authority intends to partially fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. J. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. K. The Town of Marana has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, design, and right of way acquisition. Pursuant to the ADOT IGA, ADOT is responsible for construction, advertisement, award, execution and administration of the construction contracts for the Project. L. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. O. The Authority and the Lead Agency may contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq. NOW, THEREFORE, the Town of Marana and the Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of the design and construction of the I-10/Twin Peaks Traffic Interchange and related roadways, as is more fully depicted in the maps and documents attached Exhibit A, including the following: a) Detailed project scope and schedule. b) Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c) Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d) Designation of Project phases, if applicable, and any additional related agreements. e) Estimated construction start date and duration of construction. fl Projected cost reimbursement timeline. g) Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon filing a fully executed original with the office of the Pima County Recorder and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 2 4. Responsibilities of the Lead Agency. In partnership with ADOT and pursuant to the terms of the ADOT IGA, attached as Exhibit B, the Lead Agency shall: a. Be responsible for the design and construction of the Project in accordance with this Agreement and all applicable public roadway, traffic signal, and street lighting design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. b. Be responsible for the contracts for design and construction of the Project and shall select the consultants and contractors to be used on the Project. The Lead Agency shall provide the Authority copies of any and all contract documents and related materials upon request. c. Be responsible for all traffic management, including public notification, during construction of the Project. d. Operate and maintain the improvements during and after completion of construction. e. Be responsible for all Project costs in excess of the RTA funds contributed to the Proj ect. f. Acquire all property needed for the Project. g. Assume all risks associated with the Project except those that are assigned to another agency or jurisdiction that has agreed to that assumption. h. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee in all of the Lead Agency's construction contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. i. Be responsible for preparing and submitting to the Authority, within the first week of each month, invoices for payrnent signed by a duly authorized representative of the Lead Agency and which include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. j. Be responsible for submitting a monthly status report describing the progress of the Project and adherence to the Project scope, schedule and budget with each request for payrnent. 5. Responsibilities of the Authority. 3 a. Upon receipt of authorized payment requests, the Authority shall convey to the Lead Agency RTA funds up to the amount specified in Exhibit A on a reimbursement basis. All payments and reimbursements shall follow the policies outlined in the RTA Administrative code. b. The RTA staff will review all monthly statements to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead Agency will be notified of the request for additional information within five days of the receipt of the statement by RTA. c. Upon approval of the request by the RTA, the invoice will be processed for payment within ten working days of the invoice submittal. d. The RTA shall provide all necessary cooperation to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of the Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is 4 declared invalid or void, the parties agree to meet promptly to attempt to reach agreement on a substitute provision. f. This Agreement is subject to the provisions of A.R.S. § 38-511 relating to conflicts of interest. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall vest pursuant to the terms of the ADOT IGA upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 11. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. §23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. §23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by 5 the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition of this Agreement shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition. 15. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, and shall be delivered in person or sent by mail addressed as follows: The Authoritv: Town of Marana: Gary G. Hayes, Executive Director Michael A. Reuwsaat, Town Manager Regional Transportation Authority 11555 West Civic Center Drive 177 N. Church, Suite 405 Marana, AZ 85653 Tucson, AZ 85701 Phone: 520-682-2654 ' Fax: 520-682-2654 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, The Town Council of the Town of Marana has authorized the execution of this Agreement under Resolution 2006-97, and the Authority has caused this Agreement to be executed by its Chair of the Board. 6 REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Robert E. Walkup, Board Chair Date Town of Marana: Ed Honea, Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk Date The foregoing Agreement between the Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Gary Hayes, Executive Director Date 7 ATTORNEY CERTIFICATION The foregoing Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. Section 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana: Frank Cassidy, Town Attorney Date 8 pWN OF TOWN COUNCIL MEETING TOWN OF MARANA q ; INFORMATION ~Q,ZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: J. 1 TO: MAYOR AND ~OUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: PUBLIC HEARING. Ordinance No. 2007.31: Relating to Water; revising fees; amending portions of Marana Town Code Title 14; changing the name of the Water Department; and declaring an emergency. DISCUSSION This item proposes to amend and establish various fees found in Title 14 to reflect current costs associated with the services provided and to establish fees which are consistent with those col- lected in the surrounding jurisdictions. The proposed amendment is based on a recommendation from the water utility advisory committee who reviewed the proposed amendments. Chapters 14-7 and 14-9 of the Marana town code have not been changed for almost ten years. During that time many of the surrounding jurisdictions have raised and imposed fees based upon changing needs and demands of their customers. A study has been conducted and the results of that study have been incorporated into the proposed changes which are included in this ordi- nance. This ordinance will also have the effect of changing the name of the Water Department to the Utilities Department. This ordinance is proposed to be adopted with an emergency clause so that the revised fees can go into effect with the next billing cycle. RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.31, revising the Marana water fees. SUGGESTED MOTION I move to adopt Ordinance No. 2007.31. {00006983.DOC /f CIH 11 /14/07 MARANA ORDINANCE NO. 2007.31 RELATING TO WATER; REVISING FEES; AMENDING PORTIONS OF MARANA TOWN CODE TITLE 14; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that revision of fees assessed by the Town of Marana Water Department is in the best interests of the Town and its residents; and WHEREAS the water utility advisory committee recommends certain changes to the cur- rentfee structure. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The $75 security deposit fee in the table associated with section 14-7-2(B) for a 3/4" x 5/8" meter is increased to $125 and the following footnote is added to the table: A$35 return trip charge shall be assessed to cover the cost of a requested meter instal- lation if the site is not ready when scheduled. SECTION 2. The $5 late payment fee in section 14-6-2 is increased to $15. SECTION 3. Title 14 of the Marana Town Code is hereby revised by amending chap- ter 14-7 entitled "Water Rates and Charges" as follows (with deletions shown with s~l~ee~~s and additions shown with double underlinin~): Section 14-7-3 Other service charges A. New service establishment fee: $~-9~. The new service establishment fee is for the cost of establishing the new customer service account during regular working days (Monday through Friday) between the hours of 9:00 a.m. and 4:00 p.m., and requires 24 hours notice. No service connections will be made after hours, weekends or holidays except in an emergency situation as de- termined by the Marana municipal water system. B. New service establishment fee after hours: $45~. C. Reconnect fee: $~-9~7_Q (plus bring account current). The reconnect fee shall be for the cost of reestablishing water service after water service has been terminated for any reason and requires 24 hours notice. After-hours recon- nect fee is $45$110. If there is a delinquent balance due, this amount must be paid in full before service will be reconnected. D. Customer reauested re-read of ineter: $35. This fee shall be refundable if the meter is found not to be reading accurately, defined as an error of greater than 3%. {00006986.DOC / 2} - 1 - ClH 11/14/07 E. Check returned for insufficient funds: This fee shall be added to a customer's water bill if the check for payment is returned unpaid due to insuf- ficient funds, closed account or stop payment. If it becomes necessarv to send the outstandina balance to outside collections for ~avment there will be an additional fee calculated at 25% of the total outstandina bill added to the total• F. Customer requested meter test: $49~1 tQ. This fee shall be refundable to the customer if the meter is found not to be reading accurately, defined as an er- ror of greater than 3%. G. Late pavment fee: H. Vacation service: $14. This service consists of one disconnect when the cus- tomer leaves on vacation and one reconnect when the customer returns. I Hvdrant meter fees• A$70 set-uo fee shall be assessed in addition to a$1 300 ' v denosit on all hvdrant meter installations The minimum monthlv fee for hvdrant meters is $50 which includes the first 15.000 aallons of water used There will be a$35 fee for all hvdrant meter relocations. J Standni~e fees• A$35 new service set-un fee shall be assessed in addition to anv other fees in section 14-7-2 There will be a$10 charae to re~lace a card• SECTION 4. Title 14 of the Marana Town Code is hereby revised by amending chapter 14-9 en- titled "Backflow Prevention and Cross-Connection Control" as follows (with deletions shown with s~l~ee~.~s and additions shown with double underlinin~): Section 14-9-15 Fees Unless specificallv stated to the contrarv. ~1he fee for any permit required pursu- ant to the terms of this chapter shall be $~5~. SECTION 5. IT IS FURTHER ORDAINED that the water department shall now be called the Utilities Department. SECTION 6. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00006986.DOC / 2} - 2 - CIH ///14/07 O« OF TOWN COUNCIL MEETING TOWN OF MARANA q: INFORMATION ~a,ZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Ordinance No. 2007.32: Relating to the Municipal Court; amend- ing Title 5 of the Marana Town Code; placing the court adminis- trator under the supervision and authority of the town magistrate; and declaring an emergency. DISCUSSION These proposed revisions of Title 5(Municipal Court) are presented in an attempt to assure the independence of the court from the other branches of Town government. The suggested revi- sions also update references to court administrator and other court personnel who will be ap- pointed by the town magistrate rather than town manager as was previously established by Ordi- nance 2001.08. The changes are a result of many hours of discussions between town staff, court staff, representa- tives from the Arizona Supreme Court and outside consultants. It is hoped that this version will most effectively achieve its goal while still enabling the court personnel to continue to work in an effective and cooperative environment. The item was previously presented to Council in a study-session on July 24ih of this year. There have been only minor changes to what was previously presented and these do not substantially change the intent or effect of the proposed revisions. ATTACHMENTS None FINANCIAL IMPACT None RECOMMENDATION Staff recommends adoption of Ordinance No. 2007.32. SUGGESTED MOTION I move to adopt Ordinance No. 2007.32. (00006925.DOC /f CIH 11/30/06 MARANA ORDINANCE NO. 2007.32 RELATING TO THE MUNICIPAL COURT; AMENDING TITLE 5 OF THE MARANA TOWN CODE; PLACING THE COURT ADMINISTRATOR UNDER THE SUPERVISION AND AUTHORITY OF THE TOWN MAGISTRATE; AND DECLARING AN EMERGENCY. WHEREAS the Marana Municipal Court was established by Ordinance 77-5 and restructured in 2001 via Ordinance 2001.08; and WHEREAS further discussion and inquiry has resulted in a need for additional restructuring; and WHEREAS the Town Council desires to ensure that the Marana Municipal Court properly maintains its independence from the rest of Town government. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Title 5 of the Marana town code, Chapters 5-2 and 5-3 are hereby revised as follows (with deletions shown with and additions shown with double underlinin~): Chapter 5-2 MAGISTRATE DEPARTMENT Section 5-2-1 Town magistrate There shall be appointed by the town council a town magistrate and those assistants as are necessary for the performance of the office. T"~n ~ivic4r~fo c~h~l~l~~~~~~pn,~~~~a i+f 4ho m~nic4r~~o rlon~r~mor~4 ~r The town magistrate shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30 of the next-following even numbered year. During said term, the town magistrate and assistant magistrates may only be removed for cause. The provisions of this chapter shall not apply to special magistrates or acting magistrates appointed by council, for the purposes of hearing a particular case, or as a substitute for the town magistrate in the town magistrate's absence. Section 5-2-2 Powers and duties of town magistrate he town maaistrate shall be the nresidina officer of the municinal court. In addition to the powers and duties of a nresidin~ officer ead, the powers and duties of the magistrate shall include: A. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. {00006933.DOC / 3} - 1 - CIH 11/09/07 B. The supervision of the assistant town magistrates, judges pro tempore, magistrate's assis#ants, court administrator and other personnel of the m~nic4r~~o ao.,,.+,,,,o.,+ munici~al court. ~ C. The responsibility for fixing bonds, bails and other monies as provided by law. D. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. E. Designation of a deputy other than a law enforcement officer and a specific location where the deputy shall, during hours when court is not open, set and collect the amount of bail in accordance with the foregoing schedule, or accept proper bail bonds in lieu of bail, for and on behalf of the court. F. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Section 5-2-3 Hearing officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil code violation cases and civil traffic violation cases when the appointment of hearing officers is necessary to assure prompt disposition of the cases. Hearing officers may hear and dispose of civil violation cases and civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to title 22, chapter 2, Article 4, Arizona Revised Statutes. Chapter 5-3 COURT ADMINISTRATION DEPARTMENT Section 5-3-1 Court administrator There shall be appointed by the town r~a~a~magistrate a court administrator. The court administrator shall ;°^•~~-m~~e~~r~e~ea~ fa-~"ti qrovide administrative sunervision of the municinal ~ourt under the direction of the town maaistrate. Section 5-3-2 Powers and duties of court administrator ',~~~'~~;et~-~e +~pe~e~s~~ ^f ° ~'epa~ep#~-iea~Ihe powers and duties of the court administrator shall include: A. The supervision of the court clerk in keeping a docket where each action and the proceedings of the court in each action shall be entered. B. The responsibility for receiving all bonds and bails fixed by the town magistrate and receiving all fines, penalties, fees and other monies as provided by law. C. Payment of all fees, fines, penalties and other monies collected by the court to the town treasurer, including JCEF funds. D. Supervision of all personnel within the court administration department. E. Other reasonable duties as established by job description or as determined ~~.r the se~asi~e~town ~e~ma~istrate. Section 5-3-3 Personnel The ~court shall se~ta+~~ the following personnel, under the supervision of the court administrator: {00006933.DOC / 3} - 2 - C!H 11/09/07 A. The clerk of the court, who shall be responsible for maintaining the court's docket and who shall receive all bonds, bails, fines, penalties, fees and other monies as provided by law that are paid to the court. B. The court bailiff and/or marshal, who shall be responsible for maintaining the order of the court. C. Any other personnel necessary to the functioning of the court. SECTION 2. Any references found within the town code to the term "Marana town court", "magistrate court" or "town magistrate court" shall be deleted and replaced with the term "municipal court." SECTION 3. Sections 5-7-4(B) and 5-7-11 are amended, inserting "class 1" before the word "misdemeanor." SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. SECTION 5. IT IS FURTHER ORDAINED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks required or beneficial to carry out the terms, obligations, and objectives of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18`h day of December, 2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00006933.DOC / 3} - 3 - CIH I1/09/07 ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 INFORMATION '~RQON~' MEETING DATE: December 18, 2007 AGENDA ITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Ordinance No. 2007.33: Relating to Development; adopting the Northeast Transportation Development Impact Fee DISCUSSION On July 10, 2007 Town of Marana staff gave a presentation on creating an Impact Fee for Northeast Marana. The Town of Marana released a Technical Report recommending the adoption of a new impact fee for arterial and collector roadways in Northeast Marana on July 24, 2007. The analysis recommended a new impact fee in the amount of $6,872 per dwelling unit for roadway development in Northeast Marana. Copies of the Technical Report have been available at Town Hall, and have been posted on the Town's website. A presentation on the new fee proposal was made at the Southern Arizona Home Builders Association (SAHBA) Technical Committee on September 18, 2007. A public Hearing was held on November 6, 2007 to discuss the proposed fee. At that meeting, SAHBA requested a stepped implementation of the fee in addition to the staff recommendation of a 180 day deferred implementation. Council directed staff to prepare a fiscal analysis of the deferred fee and the stepped fee. FINANCIAL IMPLICATIONS Staff reviewed new single family residential permits (SFR) in the benefit area for the time period of July 1, 2007 to October 31, 2007, a period of 4 months. Although the market conditions for real estate is generally down, the permits applied for show no steady decline. In fact, October showed more permits than previous months. Rather than use an average on a month by month basis which could be skewed by the October permits, staff is using the entire permit period as a 4 month average, prorated to the time periods in question. There were 36 permits applied for in the 4 month period. The staff recommended accommodation to SAHBA of a 180 day implementation versus the minimum requirement of 75 days is 3.5 months. The 3.5 months corresponds to 32 "missed" permit opportunities or a loss to the Town of $219,904. Based upon the staff recommended option 1 ordinance, this is an accommodation that was granted. The SAHBA request for a stepped implementation would have the fee begin collection on July 1, 2008 at one-half its base fee. This half collection would be assessed over an estimated 54 permits which could result in a permanent loss to the Town of $185,544. This would be in addition to the already proposed $219,904 loss from the 180 day deferred implementation for a total loss of $405,448. Town staf~s position is that the half collection for a period is inequitable to the remainder of the payees of the impact fee. All losses from either deferment of stepped implementation will need to be made up by the Town through other sources such as Town HURF revenues or general fund. RECOMMENDATION Council has before it two ordinances. • Option 1 continues to be the ordinance recommended by staff, with a base impact fee of $6,872 to begin collection on July 1 of 2008. • Option 2 is an ordinance suggested by SAHBA, with a base fee $6,872. Half of the base fee would be collected beginning on July 1 of 2008. The full fee would be collected beginning on January 1, 2009. SUGGESTED MOTION I move to approve Ordinance No. 2007.33 using option -2- OPTION 1 MARANA ORDINANCE N0.33 RELATING TO DEVELOPMENT; ADOPTING THE NORTHEAST TRANSPORTATION DEVELOPMENT IMPACT FEE, ACCEPTING AND APPROVING THE TECHNICAL REPORT IDENTIFYING BENEFIT AREA AND THE ROADWAY NEEDS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is authorized by A.R.S. § 9-463.05 to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services to a development; and WHEREAS, the technical report entitled "Northeast Benefit Area Residential Roadway Impact Fee Analysis" ("the Technical Report") identifies the Northeast Marana Transportation Benefit Area and determines the fair-share roadway development impact fees attributable to the typical single-family residence, which shall be used as the equivalent demand unit ("EDU"), within the area; and WHEREAS, the Technical Report identifies the number of EDUs anticipated to be constructed within the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report determines the Town's reasonably anticipated costs for providing interchange, arterial and collector roadway improvements needed to serve the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report adequately considers the contributions made or to be made in the future by property owners within the Northeast Marana Transportation Benefit Area toward or for the construction of the identified roadway improvements; and WHEREAS, the Technical Report contains all documentation that supports the assessment of the Northeast Marana Transportation Development Impact Fee; and WHEREAS, the Technical Report was released to the public and at least thirty days' advance notice of intention to assess the Northeast Marana Transportation Development Impact Fee was given, and a public hearing was held on the proposed fee, all in accordance with A.R.S. § 9-463.05. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, do hereby ordain as follows: SECTION L The Northeast Transportation Benefit Area, being that area bounded by the Central Arizona Project Canal or Interstate 10 on the west, Lambert Road or Lambert Road extended to the south, and the Town limits to the north and east, is hereby established. SECTION 2. The Northeast Transportation Development Impact Fee is hereby adopted in the amount of $6,872 per EDU. SECTION 3. Town Staff shall collect the Northeast Transportation Development Impact Fee upon issuance of building permits for each residential development within the Northeast Transportation Benefit Area, unless a development agreement provides otherwise. SECTION 4. When calculating the amount of the Northeast Transportation Development Impact Fee to be collected for a given residential development, Town Staff shall determine the development's anticipated impact in comparison to the typical single- family residence, using the methods and equivalencies set forth in the Technical Report. SECTION 5. When assessing the Northeast Transportation Development Impact Fee, Town Staff shall give credit for the required dedication of public sites and improvements provided by the property owner for the identified interchange, arterial and collector road improvements, as provided by law. SECTION 6. All Northeast Transportation Development Impact Fees collected by the Town shall be held and disbursed in accordance with the requirements of A.R.S. § 9-463.05. SECTION 7. This Ordinance shall become effective and the collection of the Northeast Transportation Development Impact Fee shall begin July 1, 2008. SECTION 8. The Northeast Transportation Development Impact Fee shall be automatically modified on July 1 of each year thereafter to reflect changes in the ENR CCI during the applicable period. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of December, 2007. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 OPTION 2 MARANA ORDINANCE NO. 33 RELATING TO DEVELOPMENT; ADOPTING THE NORTHEAST TRANSPORTATION DEVELOPMENT IMPACT FEE, ACCEPTING AND APPROVING THE TECHNICAL REPORT IDENTIFYING BENEFIT AREA AND THE ROADWAY NEEDS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is authorized by A.R.S. § 9-463.05 to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services to a development; and WHEREAS, the technical report entitled "Northeast Benefit Area Residential Roadway Impact Fee Analysis" ("the Technical Report") identifies the Northeast Marana Transportation Benefit Area and determines the fair-share roadway development impact fees attributable to the typical single-family residence, which shall be used as the equivalent demand unit ("EDU"), within the area; and WHEREAS, the Technical Report identifies the number of EDUs anticipated to be constructed within the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report determines the Town's reasonably anticipated ~ costs for providing interchange, arterial and collector roadway improvements needed to serve the Northeast Marana Transportation Benefit Area; and WHEREAS, the Technical Report adequately considers the contributions made or to be made in the future by property owners within the Northeast Marana Transportation Benefit Area toward or for the construction of the identified roadway improvements; and WHEREAS, the Technical Report contains all documentation that supports the assessment of the Northeast Marana Transportation Development Impact Fee; and WHEREAS, the Technical Report was released to the public and at least thirty days' advance notice of intention to assess the Northeast Marana Transportation Development Impact Fee was given, and a public hearing was held on the proposed fee, all in accordance with A.R.S. § 9-463.05. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, do hereby ordain as follows: SECTION 1. The Northeast Transportation Benefit Area, being that area bounded by the Central Arizona Project Canal or Interstate 10 on the west, Lambert Road or Lambert Road extended to the south, and the Town limits to the north and east, is hereby established. SECTION 2. The Northeast Transportation Development Impact Fee is hereby adopted in the amount of $6,872 per EDU. SECTION 3. Town Staff shall collect the Northeast Transportation Development Impact Fee upon issuance of building permits for each residential development within the Northeast Transportation Benefit Area, unless a development agreement provides otherwise. SECTION 4. When calculating the amount of the Northeast Transportation Development Impact Fee to be collected for a given residential development, Town Staff shall determine the development's anticipated impact in comparison to the typical single- family residence, using the methods and equivalencies set forth in the Technical Report. SECTION 5. When assessing the Northeast Transportation Development Impact Fee, Town Staff shall give credit for the required dedication of public sites and improvements provided by the property owner for the identified interchange, arterial and collector road improvements, as provided by law. SECTION 6. All Northeast Transportation Development Impact Fees collected by the Town shall be held and disbursed in accordance with the requirements of A.R.S. § 9-463.05. SECTION 7. This Ordinance shall become effective and the collection of the Northeast Transportation Development Impact Fee shall begin July 1, 2008. During the period from July 1, 2008 to December 31, 2008, the fee shall be collected at one-half its value from section 2 of this ordinance. Upon January 1, 2009, the fee shall be collected at its full value from section 2 of this ordinance. SECTION 8. The Northeast Transportation Development Impact Fee shall be automatically modified on July 1 of each year thereafter to reflect changes in the ENR CCI during the applicable period. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of December, 2007. . Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 ow" oF TOWN COUNCIL MEETING TOWN OF MARANA q INFORMATION ~R,ZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: J. 4. a TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2007.34: Relating to Development; amending Titles 5(Zoning) and 8(General Development Regulations) of the Land Development Code; adding Section 05.10.13 (R-3.5 Residential zoning); updating the noticing procedures in Section 05.03.01; and deleting the Small Lot Option in Title 8. DISCUSSION Staff has been working on the creation of a zoning district (R-3.5) that would provide for the development of single-family residential lots smaller than the minimum 6,000 square feet lot area now provided in the Land Development Code under the R-6 zoning district. The purpose of creating a new district is to provide an opportunity within the Land Development Code to have standards for the development of single-family detached residential development with lots no smaller than 3,500 square feet. Currently, in order to create a single-family detached development with less than 6,000 square feet lot areas, an applicant needs to create a specific plan or use the small lot option in the Alternative Neighborhood Design Plan of the residential design section of the Land Development Code. The intent of this district is to encourage orderly growth and provide the opportunity to incorporate the appropriate amounts of this type of product in the Town of Marana as well as providing public disclosure for adjacent land uses. This zone is to be located in areas where neighborhood shopping, schools, parks and/or other community services are planned or existing within one-half mile. In addition, this proposed amendment request includes updating the noticing requirements for the significant land use change process, minor corrections to Title 5 and deletes the small lot option in Title 8. The update to the noticing procedures for a significant land use change is the elimination of requiring certified mail, return receipt requested, to the use of first class mail to be consistent with the noticing requirements for rezoning and conditional use permits. Staff is also taking the opportunity to do some general clean-up of Title 5 with this proposed amendment. The redline version (attached) reflects the changes to language that clarifies how the current process works and removes some of the inconsistencies within the Land Development Code. We are also correcting the numbering of the zoning districts to reflect changes that were approved but missed on the edits of previous Code amendments. Finally staff is recommending that the Small Lot Option in the Alternative Neighborhood Design Plan be deleted. Currently the Small Lot Option allows for the administrative approval for the reduction of lot areas below the minimum lot requirement in the R-6 zone with meeting the 121807 ~tles 5&8 Amendment TC (small lot) requirements in Title 8. In the proposed R-3.5 district a public hearing before the Planning Commission and Council will be required to rezone a property, as this is a legislative action. Town Staff has prepared the "Draft" text amendments for Titles 5 and 8 and the Planning Commission held a public hearing on this matter November 14, 2007 and voted to recommended approval. ATTACHMENTS Redline versions of the proposed changes to Titles 5(Zoning) and 8(General Development Regulations). RECOMMENDATION Staff recommends approval. SUGGESTED MOTION I move to adopt Ordinance No. 2007.34. 032007 PCM-05164 Commercial Design Standards TC -2' MARANA ORDINANCE NO. 2007.34 RELATING TO DEVELOPMENT; ADOPTING AN ORDINANCE THAT AMENDS TITLES 5 (ZONING) AND 8 (GENERAL DEVELOPMENT REGULATIONS) OF THE LAND DEVELOPMENT CODE; ADDING SECTION 05.10.13 (R-3.5 RESIDENTIAL ZONING); UPDATING THE NOTICING PROCEDURES IN SECTION 05.03.01; AND DELETING THE SMALL LOT OPTION IN TITLE 8. WHEREAS, the Marana Land Development Code (the "Code") was adopted by the Mayor and Council of the Town of Marana on May 14, 1984 by Ordinance No. 84.04; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Titles 5 Zoning, which regulates zoning in the Town of Marana and 8 General Development Regulations, which regulate the development of land in the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 5 and Title 8 of the Code on November 14, 2007 to consider comments from Town staff and the public on the proposed amendments; and WHEREAS, the Town Council held a public hearing on a request to amend Title 5 and Title 8 of the Land Development Code on December 18, 2007; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interest of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, as follows: SECTION 1. Title 5, Zoning, of the Town of Marana Land Development Code is hereby amended by adding Section 05.10.13 (R-3.5 Residential), updating the noticing procedures in Section 5.03.01, providing minor corrections to Title 5 and amending Title 8, General Development Regulations, by deleting the Small Lot Option, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been made a public record by and attached as Exhibit A to Resolution No. 2007-230. SECTION 2. The adoption of this ordinance shall have the effect of invalidating that portion of all previous versions of the Land Development Code. SECTION 3. In the event that any provision, or any portion of any provision, of this ordinance or application thereof, is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provision of this ordinance shall be deemed to be severable. SECTION 4. This ordinance shall be effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona, this 18`h day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney ~wN ~F TOWN COUNCIL 9'!. MEETING TOWN OF MARANA ' ' INFORMATION ~R,ZON~ MEETING DATE: December 18, 2007 AGENDA ITEM: J. 4. b TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2007-230: Relating to Land Development; Declar- ing the Land Development Code Amendments; amending Titles 5 (Zoning) and 8(General Development Regulations) of the Land Development Code; adding Section 05.10.13 (R-3.5 Residential zoning); updating the noticing procedures in Section 05.03.01; and deleting the Small Lot Option in Title 8; as a public record filed with the Town Clerk; and declaring an emergency. DISCUSSION This resolution makes the amendment to Titles 5(Zoning) and 8(General Development Regula- tions) by adding Section 05.10.13 (R-3.5 Residential), updating the noticing procedures in Sec- tion 5.03.01, providing minor corrections to Title 5 and amending Title 8 by deleting the Small Lot Option a public record. This process makes it possible for these amendment to be adopted by reference under A.R.S. § 9-802, thereby avoiding the requirement to publish the entire docu- ment, as would otherwise be required under A.R.S. § 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-230, immediately prior to or at the same time as the adoption of Ordinance No. 2007.34, the adopting ordinance for the amendment to Titles 5(Zoning) and 8(General Development Regulations) by adding Section 05.10.13 (R-3.5 Residential), updating the noticing procedures in Section 5.03.01, providing minor corrections to Title 5 and modifying the Title 8 by deleting the Small Lot Option. SUGGESTED MOTION I move to adopt Resolution No. 2007-230; and declaring an emergency 121807 ~tles S& 8 Amendment (small lot) a public record MARANA RESOLUTION NO. 2007-230 RELATING TO DEVELOPMENT; AMENDING TITLES 5(ZONING) AND 8 (GENERAL DEVELOPMENT REGULATIONS) OF THE LAND DEVELOPMENT CODE; ADDING SECTION 05.10.13 (R-3.5 RESIDENTIAL ZOlvING); UPDATING THE NOTICING PROCEDURES IN SECTION 05.03.01; AND DELETING THE SMALL LOT OPTION IN TITLE 8, AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Declaring the Land Development Code Amendments; amending Titles 5 (Zoning) and 8(General Development Regulations) by adding ~aection 05.10.13 (R-3.5 Residential), updating the noticing procedures in Section 5.03.01, providing minor corrections to Title 5 and amending Title 8 by deleting the Small Lot Option, as a public record filed with the Town Clerk; and declaring an emergency, a copy of which is attached to and incorporated in this resolution as E~chibit A and three copies of which are on file in the office of the Town Clerk. Is hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. ATTEST: Ed Honea, Mayor Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Tvwn Attorney Marana Resolution No. 2007-XX TOWN pF MARANA, ARIZONA LAND DEVELOPMENT CODE TITLE 5 ZONING SECTIONS: 05.01 Establishment of Zones 05.02 Regulations Within Zones A-F 05.03 Significant Land Use Change (Appiies only to Zones A-F) 05.04 Nonconforming Structures and Land Uses 05.05 Relationships to Streets, Other Structures, and Other Property 05.06 Specific Plans 05.10 New Zones Established , 05.01 Establishment of Zones Zones A-F, reflected in Sections 05.01.01 through 05.02.06, and the procedures relating to these zones, found in Sections 05.03.05 through 05.05 inclusive, apply only to those lands so zoned. The zones found in Sections 05.10 through 05.12, and the procedures relating to those zones found in Sections 05.20 et. seq. apply to atl lands so zoned. 05.01.01 Zones A-F Established ~ Prior to April 6, 1993, the Town of Marana was divided into five zones. These zones were as follows: Zone A, Small Lot Zone; Zone B, Medium Sized Lot Zone; Zone C, Large Lot Zone; Zone D, Designated Flood Plain Zone; and Zone E, Transportation Corridor Zone. These zones shall cemain in place until reclassified by the property owner, or the Town. Subsequent to April 6, 1993, the Town of Marana established a new set of zones and criteria for those zones which are reflected in Section 5.10. through 5.12, inclusive. 05.01.02 Official Zone Designations Prior to April 6, 1993 A• Zone A comprised all land within the Town of Marana that was: west of a line running north-south and located 400 feet east of Luckett Road extending from the Town Limits on the north to the northern edge of the Designated Flood Plain of the Santa Cruz River on the south; 2. included in the entire territory annexed to the Town under Ordinance 82.01; 3. bordered on the north by Marana Road, on the south by Grier Road and the Designated Flood Plain of the Santa Cruz River, on the west by Luckett Road and the Designated Flood Plain of the Santa Cruz River, on the east by Interstate 10 and McDuff Road; 4. bordered on the north by Kirby Hughes Road, on the south by Marana Road, on the east by Wentz Road, and extending from Kirby Hughes Road on the north to Marana Road on the south; 5• within the platted subdivision known as Marana Estates as recorded in the offices of the Pima County Recorder; 6• bordered on the north by Grier Road, on the south by the northern edge of the Designated Flood Plain of the Santa Cruz River, on the east by Sandario Road, and on the west by a north south line located 400 feet west of Sanders Road Title 5 - Zoning Revised: 09/OS Page ] of 132 ' Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA L.t1ND DEVELOPMENT CODE r.. and extending from Grier Road on the north to the northern edge of the Designated Flood Plain of the Santa Cruz River on south; ~ 7. bordered on fhe north by Grier Road, on the south by an east-west line located 400 feet south of Barnett Road and extending from Sandario Road on the west to the alignment of Lon Adams Road on the east, on the east by Lon Adams Road and its alignment, and on the west by Sandario Road; B. Zone B comprised all land within the Town of Marana that is: 1. norfh of Marana Road, west of Wentz Road, and east of Luckett Road that has not been defined as being in Zone A; 2, bordered on the north by Grier Road, on the south by the northern edge of this Designated Flood Plain of the Santa Cruz River, on the west by the northern edge of the Designated Flood Plain of the Santa Cruz River, and on the east by a north-south line located 400 feet west of Sanders Road and extending from Grier Road on the north to the northern edge of the Designated Flood Plain of the Santa Cruz River on south; 3. bordered on the northeast by Interstate 10, on the west by McDuff Road and Lon Adams Road, an on the south by the Town Limits; 4. bordered on the northeast by Interstate 10, on the west by the Town Limits, and on the south by Barnett Road. 5. as described in Sections (03) and (04) of Ordinance 83.03. C. Zone C comprised all land within the Town of Marana that has not been specifically defined as lying within either Zone A, Zone B, Zone D, or Zone E, plus that land in the Northeast 1/4 of Section 36, Township 11 South Range 11 East, that has been designated in Zone C by Section (01) of Ordinance 83.03. , D. Zone D comprised all land within the Town of Marana that is: 1. immediately adjacent to the Santa Cruz River and within twelve (12) feet vertically of the average bottom of the Santa Cruz River bed, when dry, at its nearest point; and 2, immediately adjacent to the Brawley Wash that is designed as a special flood hazard area on the Flood Hazard Boundary map of the Town of Marana as prepared by the United States Department of Housing and Urban Development National Flood Insurance Program. E. Zone E comprised all land within the Town of Marana that is: . 1. north and east of Interstate 10, except that land within the Marana Estates Subdivision that has been designated as being within Zone A, and that land in the Northeast 1/4 of Section 36, Township 11 South, Range 11 East, that has been placed in Zone C by Ordinance 53.03; 2. all of the Southwest 1/4 of Section 4, and the northwest 1/4 of Section 9, both in Township 12 South, Range 11 East, Gila and Salt River Base and Meridian. 3. and that portion of Section 36, Township 11 South, Range 11 East, designated in Zone E by Seetion (5) of Ordinance 83.03. Title 5 - Zoning Page 2 of 132 Ord. 2003.16 & 2005.18 Revised: 09/05 TO~~N OF I~~~R~1N1-~, ~1RIZON~~ L1~ND DE`'ELOPI~IENT CODE F. Zone F(Specific Plan Zone) shall be comprised of all land within the Town of Marana for which a specific plan has been adopted by the Marana Town Council pursuant to the provisions of Title 05.06. 05.01.03 Official Zone Map The location and boundaries of each of the zones shall be shown on the Official Zone Map of the Town of Marana, and said map is hereby declared to be an official record and a part of this Code. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be made by ordinance and recorded on the official zone map promptly. Regardless of the existence of purported copies of the Official Zone Map, which may from time to time be made or pubiished, the Official Zone Map that shall be located in the Office of the Planning Department shall be final authority in determining current zoning status. 05.02 Regulations Within Zones A-F 05.02.01 Zone A- Small Lot Zone A• Permitted Uses. Within Zone A, residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05.03. of this Code. This is not, however, to be construed to permit any land use that may be specifically prohibited within the Town of Marana by this or any other Ordinance of the Town of Marana or by State or Federal law. B. Density Requirements. There shall be no maximum density of land use per se, except that density of land use on any parcel of land within Zone A shall be determined in part by prior density of land use in accordance with the provisions for Significant Land Use Change contained in Section 05.03 of this Code and by setback requirements defined in this and other titles of this Code or as may be determined by the regulations of the Arizona Department of Health Services or Pima County. C• Setbacks. No building or structure, except a fence or wall that is not part of a building and not more than six (6) feet in height, shall be constructed closer than ten (10) feet to any side property line or closer than forty (40) feet plus one foot for each foot of building height in excess of ten (10) feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. D. Nonconforming Setbacks in Prior Subdivisions. In subdivisions approved, platted, and recorded prior to March 21, 1977, where lot sizes approved by Pima County do not allow the construction of a building or structure comparable to existing buildings or structures in that subdivision or similar subdivisions in the Town of Marana if the standard setback requirements delineated in Paragraph C, above, are followed, then the allowable setback from front and rear property lines shall be either the arithmetic mean of the difference between the least distance between front and the appropriate dimension of the building, structure, or mobile home considered to be normal for such size lot, or the smaller of existing setbacks from front and rear property lines on immediately adjacent lots, whichever is less. The appropriate dimension of the building, structure, or mobile home that is considered to be normal for such size lot shall be considered to be no larger than twenty-eight (28) by seventy (70) feet for Title 5 - Zoning Itcvi.cd: 09/05 ~'a€;c 3 <~f 132 ( >rd. 3003.1 G & 2005.18 TO\~N OF 1~L~R~N.1, ~~RIZON ~ L:~ND DEVELOP~IENT CODE ~ either a mobile home or any other type structure. The minimum setback from any side property line. This shall apply to new construction only and not to existing buildings. As an example, if the owner of a lot that measures ninety (90) feet wide by one hundred (100) feet deep in such a prior-approved subdivision wishes to place on that lot a mobile home that measures seventy (70) feet long by twenty-eight (28) feet wide, that mobile home must be placed on the lot parallel to the street or front property line so that it is centered between side property lines, leaving (10) ten feet on each end of the mobile home between the home and the nearest side property line. The allowable setback from front and rear property lines for such a mobile home would be determined by subtracting twenty-eight (28) feet (the home's width) from one hundred (100) feet (the lot's depth), giving a difference of seventy-two (72) feet, and dividing that difference by two (2), giving a nonconforming setback of thirty-six (36) feet from front and rear property lines or a nonconforming setback no less than the smaller or corresponding setbacks of existing structures on immediately adjacent lots, rather than the standard setback of forty (40) feet for a structure that is no more than (10) feet in height. E. Compensating Setbacks on Adjoining Lots. Notwithstanding the above, on any lot located in Zone A, as defined by this Code, a building may be extended to one side property line provided that: 1. a compensating setback ofi no less than twenty (20) feet is maintained from the opposite side property line; 2. the wall of the building that along the side property line shall be built to conform ~ to standards for a two-hour fire wall as contained in the Uniform Building Code; 3. any gap of less than five (5) feet between the wall of the building that is along the property line and the wall of any building located on the immediately adjacent lot shall be closed at both front and rear, shall be covered above, and shall be filled with rubble or other suitable nonflammable material; and 4. there is a written agreement filed with the Town Clerk and recorded with the Pima County Recorder between the owners of the adjoining lots regarding the responsibility for the closure of the gap described in (3) above. 05.02.02 Zone B- Medium Lot Zone A. Permitted Uses. Within Zone B, any residential, commercial, industrial, or quasi-public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres and is consistent with the Significant Land Use Change Procedure described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana, by other provisions of this code, or by state or federal law. B. Density Requirements. There shall be no maximum density of land use per se in this Zone, except as may be dictated by prior density of land use in accordance with the Significant Land Use Change Procedure described in Section 05.03 of this Code and by setback requirements defined elsewhere in this code. C. Setbacks. No building or structure, except a fence or wall that is not part of a building ~ and not over six (6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each foot of building height in excess of ten (10) feet above ground Title 5 - Zoning Pagc =l ~,f 133 ( kcl. 3003.16 8c 200~.18 Rcvisc~3: 09/05 "TO~`GN OF 1~L~R~N~~, :1RIION.1 L.~ND DE`'ELOP~IENT CODE level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. 05.02.03 Zone C- Large Lot Zone A. Permitted Uses. Within Zone C, any residential, commercial, industrial, or quasi-public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres and is otherwise consistent with the Significant Land Use Change procedures as described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other sections of this code other ordinances of the Town of Marana, or state or federal law. B. Density Requirements. The maximum density allowed shall be one dwellin~ unit or one commercial, industrial, or quasi-public establishment per 25 acres. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six (6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each foot of building height in excess of ten (10) feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. 05.02.04 Zone D- Designated Flood Plain Zone A. Permitted Uses. Within Zone D no residential land use shall be permitted, nor shall any commercial, industrial, or quasi-public use be permitted that entails the accommodation of persons overnight or the storage of materials or equipment for more than 24 hours if such materials or equipment would become hazardous to human health and safety upon exposure to water, or if such materials or equipment would result in a hazardous contamination of the Santa Cruz River or Brawley Wash as determined by the Town Planning Administrator. B. Density Requirements. The maximum density allowed in Zone D shall be the same as that which is allowed in Zone B. C. Setbacks. The setback requirements for Zone D shall be the same as those for Zone B. D. Approval Required. No construction or excavation that will alter the natural drainage pattern, direction or rate of flow, or the carrying capacity of the Santa Cruz River or the Brawley Wash can be performed unless previously approved by the Town Council after recommendation from the Planning Commission. 05.02.05 Zone E- Transportation Corridor Zone A. Permitted Uses. Within Zone E, no residential land use shall be permitted. Any commercial, industrial, or quasi-public land use shall be permitted which is consistent in its location with the land use element of the General Plan of the Town of Marana and the Significant Land Use Change Procedure described in Section 05.03. of this Code. This is not to be construed, however, to permit any land use that may be Title 5 - Zoning I'a~;c 5 c~f 132 Rcviscd: 09/OS Ord. 2003.1 G cet 2005.18 TO~`~N OF I~~1R~3N.~, .~KIZON~1 L~~ND DEVELOP~IENT CODE expressly prohibited within the Town of Marana by other sections of this code, by other ordinances of the Town of Marana, or by state or federal law. B. Density Requirements. There shall be no maximum or minimum density requirements in Zone E, except as may be required by the setback requirements of this Code or by regulations of the Arizona State Department of Health Services or Pima County. C. Setbacks. The setback requirements for Zone E shall be the same as for Zone A. 05.02.06 Zone F- Specific Plan Zone The permitted uses, density requirements, setback and other regulations applicable within a Specific Plan Zone shall be those contained within the specific plan adopted by the Marana Town Council pertaining to the land within that zone. 05.03 Significant Land Use Change (Applies only to Zones A-F) Intent and Purpose The purpose of this section is to establish a procedure for requesting and processing a Significant Land Use Change for property in Zones A, B, C, D, E and F. A land use change allowed as provided in this section shall be granted to the applicant owner or lessee and shall be transferable unless it is designated as non-transferable at the time of issue. If the applicant owner or lessee does not conform to the land use change within one year, the land use change will be void, unless extended in writing by the Planning Administrator. (Ord. 96.11 (part), 5/95) 5.03.01 Notification of Intended Land Use Change For property in Zones A, B, C, D, E and F any landowner or lessee wishing to significantly change the way in which a lot or parcel is used as defined in Title 3 of this Code, shall notify • ~ ~ ~ ~ those ersons ~r~nt~f~eu by first ~lass_mail in writing ~~jr-Ee~?#ed~ , ~ p I as having a r-eal-property interest located within one-quarter mile (if the lot or parcel to be changed is in Zone A, D or E), one ha l f mi le (i f t he lo t or pa r c e l t o b e c h an ged is in Zone B), or one mile (if the lot or parcel to be changed is in Zone C), the Marana Town Clerk, and the individual members of the Marana Town Council and Marana Planning Commission of said intent to significantly change the use of the lot or parcel. Letters of notification and at#achments shall be dated the same date as the date a~-N~e-E~ti#+e~ -r~a+l--r-e~~-rese+p~ I ~o,.o; ,o~ frnmr _.Tti~_.~~cJ~.. ~ -~FF}}S-Of ihe_ mailing. All letters of notifiication and attachments shall include the following: 1. the street address and a 8 1/2 x 11 inch location map showing the lot or parcel and the immediately adjacent uses, 2, an 8 1/2 x 11 inch scaled, dimensioned site plan showing lot dimensions, lot area, setbacks, existing and proposed buildings, mobiles, building height, parking and loading areas and driveways, septic systems and walls or fences. For an existing building where no exterior changes are proposed the site plan is not required. . 3. a complete description of the proposed use and it's operation, number of employees, complete list of permits needed, both existing and proposed, automobile and truck traffic volume estimates, for non-residential uses the t~uil~i,~a 1~~-occupancy classification and for operations using or storing hazardous materials information regarding the amount of prop~sed hazardous materials and hazardous procedures. Title 5 - Zoning Pa~c 6 nti 132 ]tcvi,cd: 09/05 c)cd. 2003.16 8c 2005. I 4 TO~~'N OF l~I~~R-1N:~, :~RIZON.~ L~1ND DEVELOPI~IENT CODE 4. a statement that those persons having a real property interest may protest the proposed land use change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification and attachments. For purposes of this code, persons having a real property interest shall be defined to include only owners of record ~ ~n~~r ~ _lea~.~ ,~~e~ded-vwt~_~~}~__~?+~a~e~+r~ty F~Ee~e~-~^a,-,~~; ~,a~~--of a recorded real estate sale contract. Prior to undertaking the proposed land use change, the landowner or lessee undertaking the proposed land use change shall review with the Planning Administrator the complete letter of notification and attachments, the list and map used to notify the property owners per this section and the procedures utilized and shall furnish a complete copy to the Administrator.--Aaa-es~#~ r~r.7n~.r~yrni~~s-s~i~a1~--#~e--~e~i~e~--t~s--#~e ~~r~-a~-~a~a~~~: Any land use change allowed under 05.03 shall either commence within a period of one year from it being allowed or be null and void, unless, upon a written request from the applicant submitted no later than 30 calendar days prior to the one year date of expiration, the time period is extended by the Town Council. 05.03.02 Protest If owners of a real property interest immediately adjacent to the lot or parcel for which a significant land use change has been proposed, or if more than 25 percent of the owners of nearby property defined in Title 3 of this Code, or if by affirmative motion by the Planning Commission or Town Council protests the proposed land use change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification and attachments, then the landowner or lessee proposing the change must proceed per 05.03.03 of this Code. If none of the above situations occur the landowner or lessee proposing the change may proceed with the intended change without further approval from the Town, except as may be required under other sections of this Code or by other ordinances of the Town of Marana. 05.03.03 Response to Protest The land owner or lessee proposing the change shall have an additional thirty (30) calendar days in which to present rebuttal to the said protests before the Planning Commission at a public hearing that shall be scheduled no sooner than ten (10) calendar days and not later than thirty (30) calendar days after the expiration of the protest period. Notice of the time and place of the hearing, including a general description of the matter to be considered as well as a description of the parcel for which a change has been proposed and the nearby area affected by the change shall be given at least fifteen (15) calendar days prior to the hearing by publishing the notice of hearing at least once in a newspaper of general circulation published or circulated within the Town of Marana, or if there is none, by posting the notice of hearing on the parcel of land for which a significant land use change has been proposed in such a manner as to be visible from the public right-of-way and in at least ten (10) public places in the Town. Any posted notice on the parcel in question must be printed so fhat the words, "Land Use Change," and the date and time of the hearing are legible from the public right-of-way. 05.03.04 Decision by the Planning Commission The Planning Commission shall then have an additional thirty (30) calendar days after the date of the public hearing in which to weigh the merits of the proposed land use change and either approve the land use change or deny such approval, or grant approval based on any reasonable adjustment or compromise that is acceptable to both the party requesting the significant land use change and the majority of the Planning Commission. The decision of the Planning Commission shall be arrived at in open meeting and shall be explicit as fo the Title 5 - Zoning Pagc' c~f 132 Rcvisccl: 09/05 ( )rcl. 2003.1G & ?005.18 TO~`~N OF I~I~-1R~N~~, ~RIZON.-1 L.~ND DEVELOPl~tENT CODE reason(s) for the approval or denial. Where twenty-five (25) percent or more of the nearby real property owners have protested the proposed significant land use change, approval of the change must be made by a three-fourths vote of the Planning Commission. 05.03.05 Appeal from the Decision of the Planning Commission Either the party requesting a significant land use change, or any recorded protester as described in 05.03 of that change, may appeal the decision of the Planning Commission to the Town Council. Such appeal must be made in writing to the Town Clerk within five (5) working days of the rendering of the decision by the Planning Commission. When such a notice of appeal has been submitted to the Town Clerk, it will be brought before the Town Council at ~ the Council's next _avai;~bie regular meeting as an order of business agenda item. The Town Council may then confirm or modify or reverse the decision of the Planning Commission. Any motion to modify or reverse the decision of the Planning Commission shall contain the explicit reason(s) therefore. If the Town Council takes no action on the matter, the decision of the Planning Commission shall stand. 05.04 Nonconforming Structures and Land Uses 05.04.01 Continued Use The owners of land and structures shall not be deprived of the use of any property for the purpose to which it was lawfully devoted at the time of the enactment of this code because of any provision of this Code. Nonconforming buildings or structures or land uses may be continued to the same extend and character as that which legally existed on the effective date of this code and any regulations derived from it. Repairs may be made to a nonconforming building or structure or to an existing building or structure housing a nonconforming use. 05.04.02 Limitations on Enlargement Any nonconforming but otherwise legaf use within a building may be expanded within the same building in which said use is located, provided that: (1) no substantial modifications are made in the building; or (2) such increase or expansion is required to comply with an order to improve issued by a health or safety official acting in his/her official capacity. 05.04.03 Restoration of Damaged Buildings A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed provided that such restoration is started within a period of one year from the date of destruction or damage and is diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming, and such exemption from conforming to this Code shall only be to the extent that the building did not conform in the past. 05.04.04 Discontinuance or Abandonment A nonconforming building or structure or portion thereof, or a lot or parcel occupied by a nonconforming land use, which is or which hereafter becomes abandoned or which is removed from use for a continuous period of one year or more shall not thereafter be occupied except by a use which conforms to the regulations of the zone in which it is located. ~ Title 5 - Zoning Pagc 8 c~f 133 Rcvi.cd: 0)/05 Ord. 2003.16 & 2005.18 TO~`i'N OF ~~L-1R~Nr1, .~RIZON~~ L.~~ND DEVFLOP~,IENT CODE 05.04.05 Change to a Conforming Use Any nonconforming building or structure or land use that has been changed to a conforming building or structure or land use shall not thereafter be changed back to a nonconforming building, structure, or land use. 05.04.06 Change to Another Nonconforming Use A nonconforming use of a builcling or structurs shall not be changed to another nonconforming use. Changes in use shall be permitted only to a conforming use. 05.05 Relationships to Streets, Other Structures, and Other Property 05.05.01 Clear View of Intersecting Streets On all lots or parcels of land on which a front setback is required, no obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by the adjoining street property lines and a line connecting them at points of forty-five (45) feet from the intersection of said street property lines, except that trees may be permitted within said triangular area provided that those trees are placed in the street planter strip and the limbs are pruned to at least six (6) feet above the grade level of the adjacent street. 05.05.02 Effect of Street Plan Wherever a front or side setback is required for a building or structure, and where the lot on which said building or structure is located abuts on a proposed street that has not yet been constructed but which has been designated on the Town's General Plan or an appropriate area or subject plan as a future street, the depth of such front or side setback shall be measured from the planned right-of-way line and not from the existing property line. 05.05.03 Animal-Keeping Structures and Fencing Any barn, shed, corral, coop, fence, or other structure for the keeping of animals, shall be erected, constructed, or located according to the development standards found in Section 08.04 of the land development code. 05.05.04 Drainage of Surface Waters No surface water shall be allowed to drain from any lot onto any adjacent lot except upon written agreement between the owners of said lots. 05.05.05 Pollution Prohibited No land use shall be permitted which emits or discharges gases, fumes, or other pollutants into the atmosphere in amounts which exceed the standards prescribed by the appropriate County or State Air Quality Control Board, any applicable federal agencies, or any such appropriate body as may be appointed by the Marana Town Council. No land use shall be permitted which emits or discharges liquids or solid material on the soil or into surface or ground waters in amounts which result in pollutants entering any water or drainage system in amounts exceeding the standards prescribed by those Pima County, Arizona, or federal agencies having appropriate jurisdiction. The application of sewage sludge to the surface or within eight (8) inches of the surface of any land within one quarter mile of any human residence shall be prohibited, except where written permission to do so has been obtained from the owner of said residence and filed with the Town Clerk. Title 5 - Zoning Vagc 9 c~f 132 Kcviscd: 09/05 ( )rcl. 2003.16 & 2005.18 TO~~N OF 1~I~~R~~N~'~, ~1RIZON~~ L~ND DEVELOPl~IENT CODE ~ 05.05.06 Off-Street Parking In order to increase public safety and lessen congestion in the public streets, to provide adequately for parking needs associated with land development and increased motor vehicle usage, and to reduce the on-street storage of motor vehicles, requirements for off-street parking defining the number of such parking spaces, conditions and standards relating to vehicles access, circulation, lighting, landscaping, location, control, and continuity may be included in the approval of any significant land use change, subdivision, or large-scale project or as a condition of zoning compliance under the building permit application procedure described in Title 8 of this Code. 05.05.07 Motor Vehicle Access All residential buildings and all commercial, industrial, and quasi-public buildings and structures must be provided access from a public street for motor vehicle access as a condition of zoning compliance. Access to all lots and parcels shall be provided in accordance with the standards for streets and roads adopted in conjunction with this Development Code by resolution of the Marana Town Council. 05.05.08 Manufactured Homes in Zone A, B, & C A manufactured home may be placed on any lot within Zone A, B, or C provided the following conditions are met: 1. There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph "A" above do not exist, then a manufactured home may be placed on a lot provided the procedure set forth in Section 10.10, Conditional Use Permits are met. (Ord. 94.18 (part), 12/94) 'i . - . ~ . . • . - . . _ . . . . . . ' . _ . . . • , , ' ' . . . . . . ~ . . ~ . . . SF , . ' ' _ , . . " „ , ' ; , , 3 _ Title 5 - Zoning I'agc 10 of 133 Kcviscd: 09/05 ( )rd. 3003.1G & 2005.18 'I'O~~N OF I~I~1R~~N.1, ~~RIZONl~ I~~ND DEti'ELOPI~IENT CODE 05.06 Specific Plans 05.06.01 Purpose The purpose of this Title is to provide uniform procedures and criteria for the preparation, review, adoption and implementation of specific pans as authorized by A.R.S. § 9-461.08. 05.06.02 Application A. Public Hearing. A public hearing on the proposed specific plan shalt be held before the Planning Commission no later than 60 days following the applicant's submittal of a complete specific plan application in accordance with the provisions on Section 05.06.02(G), unless a longer period is agreed to in writing by the applicant (Ord. 89.05 (part), 4/89). B. Restriction on Application. 1. Consent. The written consent of all property owners of record within the proposed specific plan zone shall be required at the time of application submittal. 2. Area. The applicant for a mixed use project in excess of 80 acres is encouraged to consider a specific plan, and at the option of the Planning Commission, a specific plan may be required. 3. Configuration. A proposed specific plan shall not be allowed which excludes an area within the plan boundary. C. Submittals. 1. All specific plan applications shall include, at a minimum: a. a completed and signed application on a form prescribed and established by the Planning Administrator; b. a legal description of the property; c. a precise map showing the land to be regulated by the proposed specific plan; d. the written consent of all owners of the real property to be regulated by the specific plan and list, by name and title, of all ownership interests in the real property; e. a letter of authorization for an agent; f. a development capability report (refer to Section 05.06.02.D). g. the specific plan proposed by the applicant for adoption, which shall contain the information described in Section 05.06.02.E. D. Development Capability Report Requirements. The development capability report are_is-a-maps and su~~ortin~ text summary of the ~ impact of the proposed development on site conditions existing on the land to be reguiated by the specific plan that shall address, a_t a_minim_um the following: I _ - 1. topography and slope analysis; Title 5 - Zoning Pa~;c 11 <~f 133 IZevisc~3: 09/05 ( )rcl. 2003.16 & 2005.18 TO~~N OF 1~L~R1N.~, ~~RI'LONl~ L.~ND DEVELOPI~IENT CODE 2. hydrology and water resources; 3. vegetation and wildlife habitat; 4. geology and soils; 5. paleontological and cultural (archaeological and historical) resources; 6. existing structures, roads and other development; 7. existing infrastructure and public services. E. Specific Plan Requirements. 1. The map elements of the specific plan shall illustrate and identify: a. All land uses; b. Adjacent lots and structures within 150 feet of the plan boundary; c. Open space, recreational facilities, parks and trails; d. Public, educational, health care and religious facilities; e. Drainage plan; f. Name, location and extent of existing or proposed major and collector streets located within the area to be regulated by the specific plan or needed for servicing that area; g. Location and extent of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; and h. Density donor and recipient areas, if applicable, in accordance with Section 05.06.06. 2. The text elements for the specific plan shall describe and contain: a. The objectives of the specific plan; b. The compatibility of-the specific plan with adjoining land uses; c. Detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to Section 05.06.06.); d. Specific development standards for the map elements; e. Hydrology analysis; f. Standards for the phasing, construction and maintenance of major and collector streets proposed for the plan area or needed for servicing the project; g. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; h. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife; Title 5 - Zoning Ya„~c 12 ~>f 132 Rcviscd: 09/OS ( )~d. 3003.16 & 2005.18 TO~~N OF 1~L~R1N.1, .1R170N.~ I..~ND DEVELOP~IENT CODE i. General landscape program; j. For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services; k. For multi-phased plans, a draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of pubiic services. 3. The text of the specific plan shall specify how and to what extent the specific plan is to supplement or supersede the adopted Town Development Code to the contrary. However, in no event shall the provision contained in Title 05.03 of this Development Code relating to Significant Land Use Changes, the provisions contained in Paragraph E of Section 06.03.02. of this Development Code relating to Dedicated Streets be applicable to property which is regulated by an adopted specific plan. F. Consistency With Land Use Plans and Intent and Purpose of Development Code. Adopted specific plans shall be in substantial conformance with the Town of Marana General Plan and any other land use plans adopted by the Marana Town Council. A plan amendment shall be required when proposed specific plan is in conftict with adopted Town of Marana land use plans. In addition, adopted specific plans shall be consistent with the intent and purpose of this Development Code (refer to Title 01.02). G. Coordination of Review of Application. The Planning Administrator and the Town Engineer, along with any consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review specific plan applications for the purpose of determining whether such applications are in conformance with the provisions contained in this Section 05.06. The Planning Administrator shall be responsible for advising the applicant in writing within 60 days following submission of a specific plan application of any changes necessary in order to bring the specific plan application into compliance with the provisions of this Section 05.06. Following any resubmittal of the specific plan application, the Planning Administrator shall be responsible for advising the applicant in writing within 30 days following the resubmittal of the application of any further changes necessary in order to bring the application into compliance with the provisions of this Section. T~,° f~;'„r° ^f 05.06.03 Fees and Fees of Consultants Non-refundable Specific plan fees are required at the time of the filing of a plan application and are payable to the Town ~~-in accordance with the fee schedules ~ adopted by Town Resolution. The Town may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto. Title 5 - Zoning ~ Pagc 13 ~>f 132 lZcvisccl: 09/05 Orcl. 2003.16 & 2005.18 TO~~N OF l~i~~R~N.~, I~RIZON ~ L.~ND DEVELOPI~iENT CODE ~ 05.06.04 Planning Commission Review A. Public Hearing. A public hearing on the proposed specific plan shall be held by the Planning Commission no later than 60 days following the applicant's submittal of a complete Specific Plan application in accordance with the provisions of Section 05.06.02 (G), unless a longer period is agreed to in writing by the applicant. B. Public Hearing Notice to Adjacent Property Owners. ~ First ~iass .6e~#+~ie~mail notification ~e~-~la~y-shall be made by the property owner of the specific plan concurrently with the setting of the public hearing before the Planning Commission. The notice shall include at a minimum; a written notice of the availability on the proposed specific plan, b) a map and legal description covered by the proposed specific plan, c) that the proposed specific plan can ~ be reviewed at the Marana fvtunici~al ~onipfex~u~-k~aN, and d) time, date and location of the public hearing before the Planning Commission. Notice shall be sent to all the property owners of record within the distances described in section 10.04.01 The ~ proposer of the specific plan shall provide the Planning Director A~~+~+s#~a~e~-with a coPY of the list and map used to notify the property owners per this section prior to undertaking the notification. C. Recommendation by Planning Administrator. ~ The Planning Administrator and the Town Engineer, along with a~~rc ,aff ar~~d any consultant retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review the specific plan application for the purpose of formulating a written recommendation to the Planning Commission with respect to the proposed specific plan. The recommendation may include, among other factors, discussion of the following: 1. conformance of the proposed specific plan with the Town of Marana General Plan and other applicable land use plans adopted by the Town; 2. assessment of the development capability report described in Section 05.06.02.D.; 3. analysis of the expected impact of the proposed development on the site and surroundings; and 4. special regulations necessary for the proposed specific plan. The written recommendation shall be prepared by and submitted to the Planning Commission by the Planning Administrator after consultation with the Town Engineer and the consultants, if any, retained by the Town to review the Specific Plan. D. Availability. ~ The written recommendation to the Planning Commission prepared by the Planning Administrator shall be available for public inspection at least 10 days prior to the date of the Planning Commission public hearing. E. Public Notice Notice of the public hearing before the Planning Commission shall be given with at least 15 days notice in accordance with the provisions of Title 10.02. ~ Title 5 - Zoning Pagc 14 c~f 132 Rcviscd: 09/05 Or~3. 2003.~16 &c 3005.'18 TO~~N OF ~'~I1~R~~N.1, ~~RIZON~~ L1~ND DEVELOPI~IENT CODE F. Public Hearing. 1. After the proper public notice, the Planning Commission shall hold a public hearing on the application, at which interested parties shall be heard. 2. The Planning Commission shall recommend regulations necessary to protect the public health, safety and weifare, and may recommend regulations unique to the plan or specific instructions for plan administration. 3. The Planning Commission may continue the public hearing for its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be agreed to by the applicant in writing. The continuance may be granted by the Planning Commission on its own initiative or at the request of the applicant or affected property owners. 4• ~ ~,-4The Planning Commission shall ~ transmit a written recommendation on the application to the Town Council in accordance with Paragraph A of Title 10.03. G. Superseding Effect. The provisions for this Title 05.06. shall supersede the provisions contained in Title 10.01. insofar as the provisions of Title 10.01. would otherwise apply to a rezoning of property to the Specific Plan Zone. 05.06.05 Town Council Review A. Public Notice. Public notice of the Town Council hearing shall be given in the same manner as described in Title 10.02. relating to the giving of notice of a public hearing by the Planning Commission. 1. Public Hearing. After proper public notice, the Town Council shall hold a public hearing on the application, at which interested parties shall be heard. +~~et+r~s+l--s#~~~4-ec~~~--~a-~a~e ~ 2. The Town Council may continue the public hearing or its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Town Council on its own initiative or at the request of the applicant or affected property owners. 3. The Town Council may approve by ordinance the specific plan as submitted by the applicant or with amendments, deletions or additions which promote the public's health, safety, morals and general welfare, or the Town Council may deny the request. Title 5 - Zoning Page 15 ~~f 132 Kcvi~c~3: 09/05 ( >rcJ. 2003.16 & 3005.18 ~ TO~~N OF 1~I~~R~N.-~, ~RIZON~~ L.~ND DEVELOPI~IEN'T CODE 05.06.06 Density Transfer A. The Planning Administrator in concurrence with the Planning Commission may permit the transfer of densities to more suitable locations within the specific plan provided: 1. The locations and procedures for such transfers are explicitly stated within the specific plan; and 2. The overall density of the specific plan or individual planning area is not exceeded. B. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be d~lineated within an individual specific plan to be designated only as donor areas. ~ 9_C_ The total number of units transferred to a recipient area shall not exceed 20% of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than to Section 05.06.07. 05.06.07 Specific Plan Changes A. Scope All specific plans shall describe in sufficient detail the criteria and process for amendment, which shall be no less restrictive than the minimum requirements of this Section 05.06.07. ~ B. Consistency All specific plan amendments shall be in substantial conformance with the remainder of the specific plan, with the Town of Marana General Plan and with other applicable land use plans that have been adopted by the Town. C. Procedure 1. The owner or agent of the property may submit to the Planning Administrator a written application to amend one or more of the specific plan regulations; 2. The Planning Administrator shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which after public hearing, shall approve, reject or modify the proposed amendment. D. Amendments Causing Land Use Changes No specific plan amendment shall cause the provisions contained in Title 05.03 of this Development Code relating to Significant Land Use Changes to become applicable to property which is regulated by an adopted specific plan. 05.06.08 Specific Plan Report A. Report The owner or agent for each adapted Specific Plan shall annually, within 30 days of the anniversary of the Specific Plan approval, submit a written report to the Town of Marana ~ including, but not limited to, the past year's deveiopment activity, utility, sewer, water, Title 5 - Zoning Pa{~c 1 G ~ ~f ] 32 licviscd: 09/05 Ord. 2003.1 G& 2005.18 ~ TO\~N OF I~I~~R~N~~, .~RIZON~1 I~-~ND DEVELOP~IEN'I' CODE drainage and street improvement activities, changes in ownership structure, status of sales or leases to others and estimates for the upcoming year in the above categories. (Ord. 91.04, 5/91). 05.10 New Zones Established Subsequent to April 6, 1993, the Town of Marana established the zones, as amended listed below. These zone classifications will apply to all land zoned subsequent to this date. ~ Title 5 - Zoning Pagc 1? ~~f 132 ItcviscJ: 09/(15 Ord. 2003.1 G& 2005.18 ~ ~ ~ TO~`~N OF i~t~~R~N~1, ~RIZON ~ Ll1ND DEVELOPi~IENT CODE (BLANK) ~ Title 5 - Zoning Pa~;c 18 uf 133 Rcviscci: 09/05 Ord. 2003.1 G& 2005.1 H TOti~,'N OF 1~I~1R~N.~, :~RILON~1 L ~ND DEVELOPI~IEN"I' CODE 05.10.01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single-family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, c~nstructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush's including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and ' distribution of plants produced on the premises; 4. Apiaries; 5. Aviaries; 6. Kennels; 7. Stables (public or private); 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Raising of large and small livestock; 10. Raising of ratites; 11. Raising of fowl, rodents and swine; 12. Veterinary clinics (large or small); 13. Public parks and playgrounds; and, 14. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- ~ commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; Title 5 - Zoning Pagc 19 c~f 132 Kcvisc~7: 09/05 ( >r~. ?003.16 & 3005. l8 s~.~ - ~ ~ _ ~ ~ ~ tl _ _ _ ~ ~ ~+!-.w - . ~~r ~.fil TO~`iN OF 1~L1R:~N ,-~RI7_ON~-1 L:~ND DEVELOPI~IENT CODE 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Corrals, barns and other animal-keeping structures; 6. Fences and walls; and, 7. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code 1. Communication Facilities, subject to the requirements of Title 23; 2. Utility Facilities; 3. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 4. Veterinary clinics (small or large), pounds and shelters; 5. Cemeteries, crematories and mausoleums; 6. Dairies and feedlots; 7. Livestock Auction Yard 8. Public dog or horse irack; 9. Zoo; 10. Accessory living quarters; 11. Modular Home; and, 12. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses 1. Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. ~ Title 5 - Zoning Pagc 30 ~~f 132 Rcvisc~i: 09/05 Orcl. 3003.1fi L+t 200~.18 TO~~'N OF I~~Rr~NA, ARIZON~1 L2~ND DEVELOPI~IENT CODE G. Property Development Standards - Generally: 1. Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred seventy-five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty (60) feet. c. The required rear yard (setback) shall be a minimum of one-hundred (100) feet. 1. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 2. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shafl be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All finro-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 21 of 132 Rcvi~cd: 09/05 Ord. 2003.1G & 2005.18 . ~ . - • • • - ~ . . . ~ TOWN OF MAR.~~NA, ARIZONA L.~~ND DEVELOPMENT CODE (BLANK) . i ~ :V Tide 5 - Zoning Page 22 ~>f 132 Reviscd: 09/05 Ord. 2003. ] 6& 2005.18 "I'OWN OF Mr1R1~Nr~, ARIZONl~ L~~ND DEVELOPNiENT CODE 05.10.02 RD-180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD-180 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the RD-180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD-180 zone, subject to the Development Standards contained in this section. 1. One single-residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on-site; 5. Public parks and playgrounds; 6. Day care center, 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. Raising of large and small livestock; 11. Raising of ratites; 12. Raising of fowl, rodents and swine; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; Title 5 - Zoning Pagc 23 of 132 Rcviscd: 09/05 Ord. 2003.16 & 2005.13 ~ TO`Y~N OF M~~Rr~Nr1, r1RIZONA L1~ND DEVELOPMENT CODE ~ 5. Aviaries; 6. Kennels, 7. Stables, private; 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Title 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinary clinics (small or large), pounds and shelters; 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); ~ 9. Livestock Auction Yard 10. Accessory living quarters; and, 11. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses (reserved) F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Apiaries; 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. G. Property Development Standards - Generally: 1. Lot Area. The minimum lot size shall be one-hundred eighty thousand (180,000) square feet. Title 5 - Zoning I'age 24 of 132 Rcvi~ed: 09/05 <>rd. 2003.1G & 2005.]8 TO~~N OF NiARANr1, c~RIZONA L1~ND DEVELOPI~IENT CODE 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred and seventy- five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred and seventy- five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buitdings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. Alt on-site utilities shall be placed underground on the site. Tide 5 - Zoning Pagc 25 of l32 Revised: 09/05 (>rd. 2003.1G & 2005.18 ~ ~ ~ . . . ~ .y ~ TOWN OF MAR~NA, ARIZONA LAND DE`'ELOPNIENT CODE (BLANK) . , . . ~ - . . . ~ . , . ~ ~ ;f., . ~ . . ~ . . ~ _ ~ ~I ~ Title 5 - Zoning Page 2G of 132 Rcvised: 09/05 (>rd. 2003.]6 Sc 2005.18 TO~Y~N OF M~Rr1NA, r~RIZONA L,.-~ND DEVELOPI~IF.,NT CODE 05.10.03 R-144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-144 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-144 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and refated structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; ~ 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; Tide 5 - Zoning Pagc 2? of 132 Kevised: 09/05 Orel. 2003.16 & 2005.18 • - . , . . . - • - il TOWN OF Mr~R~~NA, r~RIZONA I.~1ND DEVELOPMENT CODE 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Riding arena, rodeo grounds (private, unlighted); 12. Keeping of large and small livestock; 13. Keeping of ratites; 14. Stables, private; and, 15. Corrals, barns, and other animat-keeping structures as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 4. Accessory living quarters ; 5. Communication facilities, subject to the requirements of Title 23; 6. Residential facilities for the disabled; 7. Modular Housing; 8. Riding arena, rodeo grounds (private, lighted) 9. Riding arena, rodeo grounds (public, lighted or unlighted); 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 11. Stables, public; 12. Kennels 13. Keeping of rodents, fowl and swine; and, 14. Veterinary clinics (small or large). E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. Title 5 - Zoning Page 28 of ] 32 Rcviscd: 09/OS Urd 2003.16 c@ 2005.18 'I'O~~N OF NI~R~~NA, ~RIZON~ L?,ND DEVELOPI~tENT CODL F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and bui~dings in the R-144 zone. 1. Lot area. The minimum lot size shall be one-hundred forty-four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principaf (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not - greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. Tide 5 - Zoning Pagc 29 of 132 Reviscd: 09/05 Urc1. 2003.1G & 2005.13 _ ~ ~ _ . - _ _ - . _ _ '~I TO~Y~N OF M~Rr~NA, ARIZONA LAND DEVELOP1~fENT CODE 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first levei. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. ~ ~ . . , , , ~ Title 5 - Zoning Pagc 30 of 132 Rcviscd: 09/05 Ord. 2003.1G 8c 2005.18 TO~~~N OF I~1ARr~Nr1, 11RIZON~ LAND DEVELOPNIENT CODF, 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-80 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; Title 5 - Zoning Page 31 of 132 Revised: 09/05 Orcl. 2003.16 & 2005.18 _ . _ _ . TO~Y~'N OF 1~1r~RAN~, ARIZONr1 L.~~ND DEVELOPIVIENT CODE 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Keeping of small and large livestock; 12. Keeping of ratites; 13. Keeping of fowl, rodents and swine; 14. Riding arena, rodeo grounds (private, unlighted); 15. Stables, private; and, 16. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding ~ region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises ; 4. Accessory living quarters; 5. Residential facilities for the disabled; 6. Communication facilities, subject to the requirements of Title 23; 7. Modular housing; 8. Riding arena, rodeo grounds (private, lighted); 9. Riding arena, rodeo grounds (public, lighted or unlighted); and, 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments. E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. Tide 5 - Zoning Vage 32 of 13? Rcviscd: 09/05 Ord. 2003.1 G& 2005.18 TO~~VN OF Iv1~~R1~NA, ARIZONl~ LAND DEVELOPI~IENT CODE G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-80 zone. 1. Lot area. The minimum lot size shall be eighty-thousand (80,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that any front yard (setback) adjacent to an arteriaf or collector road shall be forty (40) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shalt be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. • Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusive~y for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. Title 5 - Zoning Pagc 33 ~~f 132 Rcviscd: 09/05 Urd. 2003.16 & 2005.18 y~y. ~.y . . ~ ' TOWN OF MA_RANr1, ARIZONA L.~1ND DEVELOPNfENT CODE 8. Underground Utilities. All on-site utilities shall be placed underground on the site. ~ ~ Tide 5 - Zoning Pa~c 34 of 132 Reviscd: 09/05 Qrd. 2003.]6 & 2005.18 TOa'N OF MAR~NA, r~RIZONA L~1ND DEVELOPMENT CODE 05.10.05 R-36 Residential A. Purpose. The R-36 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-36 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations; with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; Title 5 - Zoning Page 3~ of 132 Reviscd: 09/05 Urd. 2003.16 8c 2005.18 ~ , _ ~ ~ ~ ~ - TOVUN OF NI~R~INA, ~1RIZON~ LAND DEVELOPI~IENT CODE ~ 10. Keeping of large and small livestock on parcels one acre or greater; 11. Stables, private; and, 12. Riding arena, rodeo grounds (private, unlighted). D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 5. Aviaries; 6. Riding arena, rodeo grounds (private, lighted); and 7. Keeping of rodents and fowl. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-36 zone. 1. Lot area. The minimum lot size shall be thirty-six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. ~,o, c. The required rear yard (setback) shall be a minimum of forty (40) feet. Tide 5 - Zoning Pagc 36~of 132 Rcviscd: 09/05 Ord. 2003.16 Rc 2005.18 ~ TOV~'N OF NLt1R1~Nr1, ARIZON:~ L~ND DEVELOPI~fENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Tide 5 - Zoning Pagc 3? of 132 Rcvi,ed: 09/OS Ord. 2003.]6 & 2005.18 ~ ~ ~ _ _ . TO~~N OF M~Rt1NA, ARIZONA Lr1ND DEVELOPMENT CODE (BLANK) ~ ~ Tide 5 - Zoning Page 38 c~f 132 Revised: 09/05 Ord. 2003.1G & 2005.78 TO~Y~N OF IVI~R~Nr1,11RI70NA L~1ND DEVELOP~IF,NT CODE 05.10.06 R-20 Residential A. Purpose. The R-20 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-20 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. Title 5 - Zoning Pagc 39 of 132 Rcciscd: 09/05 Ord. 2003.1G & 2005.18 TOti`~N OF MAR~INA, ~RIZONr1 LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; and, 6. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision. F. Prohibited Uses. Uses prohibited in the R-20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of finrenty-five (25) feet, except where garages open or face directly onto an abutting street in which case th~ garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of ten feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Tide 5 - Zoning Pagc 40 of 133 Revised: 09/05 ( )rd. 2003.16 & 2005.18 TO~~'N OF NL~R~N11, ARIZONA I.AND DEVELOPI~IENT CODF 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Tide 5 - Zoning Page 41 of 132 Rcviscd: 09/05 Ord. 2003.16 Sc 2005.18 . y . . . . . ;:I TO~~'N OF M~RAN<~1, ~1RIZON~ L~ND DEVELOPI~IENT CODE (BLANK) ~ . ~ Title 5 - Zoning Pagc 42 of 132 Rcvi.ed: 09/05 Urd. 2003.16 & 2005.18 TOWN OF N~~RAN11, ~RI7..ONr1 L.~~ND DEVELOPNLENT CODE 05.10.07 R-16 Residential A. Purpose. The R-16 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-16 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-16 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. - Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and 9. Model homes, within an approved subdivision. Tide 5 - Zoning Pagc 43 of 132 Revised: 09/05 C)rd. 2003.16 & 2005.18 ~ , ~ v ~ TO~~C~N OF I~~Ri~NA, .-~RIZON~ L.~-~ND DEVELOPNLENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and, 5. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. ~ G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty-five (85) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen ~ (15) feet. Title 5 - Zoning Page 44 of l32 Revised: 09/05 C)rd. 2003.16 & 2005.18 TOWN OF M~R11NA, ARIZONA LAND DEVELOPMENT CODE b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum atlowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. ~ Tide 5 - Zoning Pa~;c 45 of 132 RcvisetJ: 09/05 C)rd. 2003.16 & 2005.18 ~ ~ ~ - _ _ _ TOWN OF Mt1R~N~, ARIZONA L~ND DEVELOPNIENT CODE ( BLANK) f , ~ ~ Title 5 - Zoning Pa~c dG of ]32 Revi,ed: 09/05 ( )rd. 2003.16 & 2005.18 TO\~N OF I~1~1R~1N~,11RI7.ONA L~ND DEVFLOPI~iEN'I' CODE 05.10.08 R-12 Residential A. Purpose. The R-12 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-12 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-12 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-12 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; e 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. Tide 5 - Zoning Pagc -17 <~f 132 Rcviscd: 09/05 C)rd. 2003.16 & 2005.18 . . . ~ : TO~Y~N OF I~~~Rr~NA, ARIZONA LAND DEVELOPMENT CODE D. Conditionai Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 4. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-12 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-12 zone. 1. Lot area. The minimum lot size shall be twelve thousand (12,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty (80) feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of finrenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. Tide 5 - Zoning Page 48 of 132 Rcviscd: 09/05 Urd. 2003.]G & 2005.78 TOWN OF 1V1~1R~NA, ~RI"LONA I.AND DEVELOPMEN"I' CODE ~ b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall 6e placed underground on the site. ~ Title 5 - Zoning Pagc 49 of 7 32 Rcvised: 09/05 ( )r~3. 2003.16 & 2005.18 ~_~Y~_.....~_-~~ . . _ _ - . ~ TO~~N OF MARANA, ARIZONA I.~ND DEVELOPMENT CODE (BLANK) ~ . ~ Title 5 - Zoning Pa~;c 50 of 132 Rcviscd: 09/05 Ord. 2003.]6 & 2005.]8 TO~!~'N OF MARr1Nr1,11RIZON.~ Lr1ND DEVELOPI~~NT CODE 05.10.09 R-10 Residential A. Purpose. The R-10 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-10 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-10 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-10 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; and, 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; ~ 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Tide 5 - Zoning Page 5] of 132 Rcvise~3: 09/05 Or~3_ 2003.16 8c 2005.18 s- _ ~ ~ TOWN OF MARAN~, ARIZON~ L.~ND DEVELOPNIENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 4. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-10 district are as foltows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-10 zone. 1. Lot area. The minimum lot size unit shall be ten thousand (10,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of seventy-five (75) feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty - feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty Title 5 - Zoning Pagc 52 oF 132 Rcviscd: 09/05 C)rd. 2003.1G & 2005.18 TOWN OF I~~IRANA, ARIZONA I.~ND DEVELOPI~IENT CODE (20) feet, the rear yard (Setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Pagc 53 oE 13? Kcviscd: 09/05 (>rd. 2003.1 G& 2005. ] 8 TOWN OF Mr1Rr1NA, ARIZONA L~ND DEVELOPMENT CODE ~ (BLANK) ~ ~ . . - ~ x . ~ . . ~ ? ~ Tide 5 - Zoning Pagc 54 of 132 Reviscd: 09/05 Urd. 2003.16 & 2005.18 TO~}UN Or N1~~R~NA, ~RIZONA L.AND DEVFLOPIviENT CODE 05.10.10 R-8 Residential A. Purpose. The R-8 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-8 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-8 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-8 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided . that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; . 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Tide 5 - Zoning Pagc 55 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 w ~ . . _ _ _ ; . ; . TOWN OF MARr~NA, ARIZONA Lr1ND DEVELOPMENT CODE 9. Model homes, within an approved subdivision. ; D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-8 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-8 zone. ~ 1. Lot area. The minimum lot size shall be eight thousand (8,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of seventy (70) feet. b. Depth. Lots shall have a minimum depth of ninety (90) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. e b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20} feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. Title 5 - Zoning Pa~;c 56 of 132 Rcvised: 09/05 Ord. 2003.]6 cec 2005.18 TO~~/N OF MARr1Nr1, ARIZON ~ L~ND DEVELOPI~IENT CODE 4. Buiiding Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. _ Title 5 - Zoning Yage 5 % of 132 Revised: 09/05 Ord. 2003.1 G& 2005.18 ~ _ _ ~ ~ TOWN OF MARr1NA, r1RIZONA L~~ND DEVELOPI~IENT CODE ~ (BLANK) ~ ~ ~ Title 5 - Zoning ]'agc 58 of 132 ~ Reaised: 09/05 Ord. 2003.76 & 2005.13 TO~~'N OF I~1~~Rr1N1~, I~RIZONr1 LC1ND DEVELOP~iEN'I' CODE 05.10.11 R-7 Residential A. Purpose. The R-7 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-7 zone shatl be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-7 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The foltowing shall be permitted in the R-7 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residentiat detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Title 5 - Zoning Pa~e 59 of 132 ltcvisc~3: 09/05 Ch~. 2003.1G & 2005.18 _ ~s~~ . . - < - . TOWN OF I~~Rr~Nr1, r~RIZON~ Lr1ND DEVELOPI~iENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-7 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-7 zone. 1. Lot area. ~ The minimum lot size shall be seven thousand (7,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of sixty (60) feet. b. Depth. Lots shall have a minimum depth of eighty-five (85) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten~(10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. Tide 5 - Zoning Pagc GO ~>f l32 Revised: 09/05 Ord. 2003.1G & 2005.18 TOWN OF IV1ARr~Nr1, r1RIZONr1 I.~~ND DEVELOP~IF,NT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buifdings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25} feet, except as othen?vise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Tide 5 - Zoning Page 61 of ] 32 Rcvised: 09/OS Ord. 2003.16 & 2005.18 . ~ • • - 1 - - Y. ~ - - _ ~;?l TO~~N OF MAR~NA, ARIZONA Lr1ND DEVELOPMENT CODE ~ (BLANK) I ° ~ i ' Title 5 - Zoning Yagc G2 of 132 Revised: 09/05 Ocd. 2003.1 G& 2005.13 TO~~N OF Mr1R1~N:1, r1RILONA L~~ND DEVELOP~IENT CODE 05.10.12 R-6 Residential ~ A. Purpose. The R-6 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-6 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-6 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-6 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Tide 5 - Zoning 1'a~;c 63 ~>f 132 Rcciscd: 09/05 Ord. 2003.16 & 2005.18 T ~ .~_s . d . _ . TOWN OF I~~~RAN~, ~RIZONA L~ND DEVELOPI~iENT CODE ~ 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-6 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-6 zone. ~ i. Lot area. The minimum lot size shall be six thousand (6,000) square feet., j. Lot dimensions. a. Width. Lots shall have a minimum width of fifty-five (55) feet. b. Depth. Lots shall have a minimum depth of eighty (80) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum finrenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each . foot of decrease, but shall not be required to be over twenty-five (25) feet. Title 5 - Zoning Yagc 64 of 732 Kcviscd: 09/05 Ord. 2003.16 & 2005.18 TO~Y~N OF Iv1~~RANA, r1RI70N~ L1~ND DEVELOP~iEN'I' CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Titlc 5 - Zoning Pagc G5 ~>f ] 32 Rcvised: 09/0~ Or~3. 2003.1 G& 2005.18 . TOWN OF NIARr1NA, ARIZONA L~ND DEVELOPI~fENT CODE (BLANK) ~ ~ ~ Title 5 - Zoning Pa~c G6 ~~f 132 Revi,cd: 09/05 C)rd. 2003.16 & 2005.18 TO~!~N OF 1~I_~R-~N.1, ~1RILON.1 L~ND DEVELOPi~1ENT CODE 9~.14_.1_~ R-~.~_ R~~si~n_~ A. Pur~ose, The R-3.5 sin~l.e=famil~c_ rgsi~~n ial zone i~mari~inten~fed_a~ ~n__afford~ble,_ ~o~act medium hiah densitv neiahbor district The district shall contain small-lot sinale-famil~ homes and/or attached units with not more than one dwellina and customarv accessorv b iu Iding~~on an individual lot with a varietv of housina sizes and containina a aualitv desian To ensure hiah aualitv well desianed develoament the alternative ~ghborhood and residential desian ~lan standards set forth in Section 8.06 shall apqlv. Excep~ as specificallv provided elsewhere in the Land Development Code anv and every buildina and premises or land in the R-3 5 zone shall be used for or occupied. and everv buildina shall be erected constructed,~stablished,~ltered enlaraed maintained moved into or within the R-3 5 zone exclusiv~ly and onlv in accordance with the ~ulations set forth in this Section. B. Permitted Uses. The followina shall,be~e~_mit~ed;.i_n the R 3.5_sf~~~le_fa~nil~~ residential zone, sub~eet to the Devel~~ment Standards contained in this section_. 1. One sinale-familv residential det~ehed.home__of_a ~ermanent ch_arac~e_r p)aced_in a permanent location; 2. Churches. svnaao~ues and other places,of worshi~_ 3. Public parks and nlavaround 4. Public schools; and 5. Uses similar_to_those_I_isted above in this section as determined_b_y=the Plannin~ - Di r. C. Accessorv _1~~~. Residential Acces~4~ lJses_ __The followin~ a~cessor~%buildi_n~s =and _uses_,may_be located on the same lot with a aermitted dwellina provided that anv permanent buildina or structure shall be harmonious with the architectural style of the main buildina and further provided that alk residential accessorv uses are cor~patible with the residenti~l chara-cter of the neiahborhood~ 1. Detached accessorv structures such as tool sheds.__~.a~4s._and_ca_~z_ ~n~s,_nQn- commercial hobbv sho~s children's alavhouses. ~tc,; 2. Swimmina qools snas, and related ~~uct~res; 3. Gar~~~, car~ort or enclosed storaQe_; 4. Sports courts. unliahted; 5. F~nces ~nd walls• 6. Home occu~ations with an appr ved Home Occupation Permit~ 7. Communitv recreation uses includina s~orts courts swimmina nools spas: recreation buildinas ~atio shelters and other communitv facili ies__ mmon to a homeown~'s=~sso ia i n for a specific subdivision; Title 5 - Zoning Yagc G' c~f t32 ltcviscd: 09/05 ( )rcl. 20(13.16 & 2005.18 ti ~ _ ~ TO~`~'I~I OF I~L~~R~N~, ~RIZON~~ L.~ND DE~~ELOPI~IENT CODE 8. Communitv identification. entrv monuments. communitv desian el~ents, and other enhancements common to a homeowner's association and desiqned for a sqecific subdivision~ and, 9. Model homes within an approved subdivision. D. ~Qn itional Uses. Tne followina mav be permitted subiect to Conditional Use Permits orovided for in Section 10.10 of the Land Development Code. 1. Dav care center: 2. Private schools; and. 3. Grou~ homes. E. Tem~ry Uses. The followina mav be ~ermitted for a specified time period, subiect to Section 09_2; Tem orarv sales trailer. within an aqproved subdivision~ F. Prohibited Uses. Uses prohibited in the R-3.5 district are as follows: 1. Commercial uses. exceqt those soecificallv qermitted: and. 2. Industrial uses. G. Proqerty develoament standards-Generallv. Th qroQertv development standards set forth in this~ section shall ao~lv to all land. ~ structures and buildinas in the R-3.5 zone. 1. LQt area• The minimum lot size shall be thirtv-five hundred (3.5001 sauare feet. 2. Lot dimensions. c. Width. Lots shall have a minimum width of thirtv-five (35) feet. d. Depth. Lots shall have a minimum depth of seventv-five (751 feet. 3.___ M.inimum Front~ Side and Rear Yards (Setbacksl a. T e reauired front vard (setback) where front entrv aaraaes are recessed ten f r m r r m liv I i n h w I~in front setbacks mav be reduced to ten feet: except where aaraaes o~en or face directlv onto an abuttina street. in which case the aaraae setback shall be a minimum of twentv (201 feet. A maximum of fiftv ~ercent (50%1 of the lots mav have a reduced setback with the balance of the setbacks beina twentv feet or areater. b. The reauired side vard (setbackl shall be a minimum of five (5) feet• with a street side vard (setbackl havina a minimum of ten (10) feet. c. The rec~uired rear ~ard ~setb~ek~shall _be a minim,um.of ten_(10~_feet. Title 5 - Zoning Pagc G8 of 132 1Zcviscd: 09/05 Ord. 2003.16 8c 3f)05.18 TO~~i~1~1 OF I~L1R1~N.~, ~'~RIZON ~ L ~ND DEVELOP~IENT CODE 4. Buildina Separation (Distance Between Structures/Buildinas} a. Attached Patio Structures A minimum setback of five 5 f e_shall be maintained from the_r~ar_and sid~=_~r~~ines for~~atio structur~ that _ are o~en n unenclosed _ on_ three (3~,_s~des,__as measured to_t_he ~tructure. 5. Buildina Heiahts. a. Buildinas and struct~ares erected in his_zQne~hall= haye_~_heic~_h_t___not ~reater than two-stories or thirtv (301 feet. 6. Lot Coveraae. The maximum allowable lot coveraae bv buildinas_and _structur~s, ,sh.all_ _not Pxceed seventv-five percent (75%1 of the total lot area. 7. Underground Utilities. All on-site utilities shall be pla_ce~_under~round on th~_site,, 8. Multi-storv Dwellinas. No more_than~~ercent_.~0°~Q_~Qf the_.home~ma~i_be two stories: 9. Location. Th' i trict_shall_~e located in areas.wher~ nei~hborhood shop~in~+ school_s~ - ~rks_and/or_other,,community services are_planned or_existin~ within_one-haff mile. _ _ _ ~ Title 5 - Zoning Pagc 69 ~~f l33 Rcvisc~L• 09/05 ( )rcJ. 2003.16 & 2O05.18 ~o ~ . ~ , • - . ~ ~ ~ TO~'~N OF 1~I.~R~N~~, .~RIION?~ L.~ND DEVFLOPI~IENT CODE I cB~~ ~r , . . ~ Title 5 - Zoning 1'agc 70 <,f ] 33 Rcviscd: 09/U5 ( )rd. 2003.16 ~ec 300~.18 TO~Y'N OF ~L~R.~N~~, .'~RIION~~ Ll~ND DEVELOPI~IENT CODE 05.'10.149~ MR-2 Multi-Family (Med/High Density) I A. Purpose: The MR-2 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit medium-high density urban development with a mixture of similar intensities. B. Location: The MR-2 district should be located in Village Core areas, with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent of the MR-2 zone to "buffer" non-residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-2 may be used for multi-family residential projects. D. Accessory Uses: 1. Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation fiacilities as may be determined by the Planning Administrator. E. Conditional Uses 1. Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as provided in the R-6 zone. F. Temporary Uses (Reserved) G. Prohibited Uses (Reserved) H. Development Standards: 1. The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units 4,000 sq. ft. per dwelling unit b. 5-8 residential units 3,500 sq. ft. per dwelling unit c. 9 or more residential units - 2,175 sq. ft. per dwelling unit Title 5 - Zoning P~igc?I ~~f 132 Rcvisc~: 09/05 ~ Orcl. 2003.16 & 3005. l8 ~ ~ . ~a~~ ~ TO~`~N OF i~L~I~~N.~, ~~RIZONI~ L_~ND DE~'ELOPi~IENT CODE 2. Parcels of five acres or larger shall be at a maximum density of twenty dwelling units per net acre. 3. Minimum lot area: 6,000 sq. ft. 4. Minimum lot width: 60 feet. 5. Minimum lot depth: 90 feet. 6. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. 7. Maximum structure height: 30 feet. 8. Maximum percent of lot coverage: 50 percent. 9. Minimum common open space: 30 % of the site excluding parking areas and drive areas. 10. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 100 sq. ft. (Ord. 93.9, 8/93). ~ ,t Title 5 - Zoning 1'a~;c 72 ~~f 132 Rcviscd: 09/0~ ( )rd. 2003.16 & ZO0~.18 TO~t'N OF I~L~~R1~N~1, .~RIZON~1 L~1ND DEVELOP~iENT CODE 05.10.8915 MR-1 Multi-Family (High Density) I A. Purpose: The MR-1 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit high density urban development with a mixture of similar intensities. B. Location: The MR-1 district should be located in Village Core areas with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent ofi the MR-1 zone to "buffer" non-residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-1 may be used for multi-family residential projects. D. Accessory Uses: 1. Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation facilities as may be determined by the Planning Administrator. E. Conditional Uses: 1. Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as permitted in the R-6 zone. F. Temporary Uses: (Reserved) G. Prohibited Uses: (Reserved) H. Development Standards: 1. The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units 4,000 sq. ft. per dwelling unit; b. 5-8 residential units 3,500 sq. ft. per dwelling unit; c. 9 or more residential units 1,500 sq. ft. per dwelling unit. Title 5 - Zoning Pagc 73 c~f 132 Rcviscd: 09/05 Orcl. 20Q3.1 G& 2005.18 ~ ° ~ ~ _ . ~ ~I TO~~N OF I~I~~R~Nl1, ~~RIZON.~ L.1ND DE~'ELOP1~fENT CODE 2. Parcels of five acres or larger may be at a maximum density of thirty dwelling units per net acre. 3. Minimum lot area: 43,560 sq. ft. 4. Minimum lot width: N/A 5. Minimum lot depth: N/A 6. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. 7. Maximum structure height: 40 feet. 8. Maximum percent of lot coverage: 55 percent. 9. Minimum common open space: 25% of the site excluding parking areas and drive areas. 10. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 75 sq. ft. (Ord. 93.10, 7/93) ~ ~ Title 5 - Zoning Yagc'-1 ~>f 133 Itcvisctl: 09/0~ Or~. 3003.16 & 2005.1 S TO~`i1~1 OF ~,I~~Rl~N~~, ;~RI"L(>N~~ L~~ND DEVELOPI~IENT CODE 05.10.18~ RV Recreation Vehicle I A. Purpose The purpose of the Recreational Vehicle (RV) zone is to provide for the development of parks which rent spaces or which provide subdivided lots for sale, catering to the special needs of recreational vehicle environments and lifestyles within the Town of Marana. B. Location All recreational vehicle developments shall comply with the Town of Marana General Plan. In addition, recreational vehicle developments shall abut a major arterial paved all-weather street meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the recreational vehicle (RV) zone: 1. Recreational vehicle parks with one recreational vehicle per rental space. 2. Recreational vehicle subdivisions with one recreational vehicle per lot. D. Accessory Uses 1. Accessory uses appurtenant to recreational vehicle parks include community recreation buildings, facilities, and areas, laundry facilities, manager's office and apartment, child care facilities, and similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to individual recreational vehicles include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or for sleeping. 3. Other customary accessory uses and buildings as may be determined by the Planning Administrator which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a recreational vehicle, motor vehicle, or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses 1. A boat, auto, or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, completely screened from view from all sides. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model sales area, provided not more than five (5) spaces are devoted to this use, and not to exceed 12 months, unless an extension is granted by the Planning Commission. The Commission may allow an additional sales area where the park or subdivision occupies more than 100 acres. 4. Convenience market. 5. Restaurant, provided the recreational vehicle park or subdivision contain not less than 500 recreational vehicle spaces or lots. 6. Vehicle wash. Title 5 - Zoning Pagc ?5 ~~f 133 Rcvisc~l: 09/05 Ord. 2003.1 G& 30O5.18 ~f~, ~ ~ Y TO\~N OF I~L~R1~N11, <1RIZONI~ L.~ND DEVELOP~IENT CODE ~ 7. Mini-storage area, not to exceed one storage unit per 20 recreational vehicle spaces or lots. 8. One recreational vehicle may be installed per lot on a commercial or industrial parcel or lot, provided a minimum set back of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. 9. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or subdivision. F. Temporary Uses Temporary construction buildings and yards during the actual construction and development of the recreational vehicle park or subdivision, and sales offices, not to exceed eighteen (18) months, unless active construction is ongoing, in which case the Planning Administrator may grant an additional six (6) month increments upon finding that active construction is still on-going and necessary. G. Prohibited Uses (Reserved) H. Site Development Standards 1. Minimum Project Size: 5 acres 2. Minimum Project Setback: 20 feet from all street frontages measured from the j right-of-way line. This setback shall be fiully landscaped and screened, and may include a perimeter masonry decorative wall and which shall contain a minimum of 15 gallon trees per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior of the wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. (part. Ord. No. 97.07, 3/97). 3. Parks or subdivisions: a. Minimum lot size per rental unit: 1,750 sq. ft., with a minimum average lat size of 2,000 sq. ft. b. Maximum density: 15 units per net acre, excluding streets and drives. c. Minimum common recreation area per unit: 150 sq. ft. d. Minimum width per space: 35 feet e. Minimum depth per space: 50 feet f. Minimum distance between units (exterior of all structures, drives and accessory structures): 7 feet g. Minimum front yard: 7 feet h. Minimum rear yard: 5 feet i. Setbacks declared a minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side or rear lot or space line ~ required setbacks unless the building, structure, or other appurtenance Title 5 - Zoning Pa~;c 7G <~f l33 Rcviscd: 0)/0~ Ord. 3003.1G & 2005.18 TO~~N OF I~L~R:1N~1, ,~KIION.1 L:~ND DEVELOPi~IENT CODE meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety and general welfare. j. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each recreational vehicle space. All storage buildings shall be located in the rear of the recreational vehicle space. Detached storage buildings shall not encroach into the required setbacks without a variance, and subject to the fire wall requirements set forth above. k. Certain accessory structures, which are complimentary to individual recreational vehicles and park models (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the recreational vehicle or park model itself may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided, further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "i" above. 4. Common Recreation Area shall be provided both in recreational vehicle parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a recreational vehicle subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to al1 lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of twenty-eight feet {28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least two feet (2') in width shall be provided on each side of interior private streets. The Planning Administrator may permit a four foot (4') sidewalk on one side of an interior street where deemed desirable. 7. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. 8. All structures that are located on non-manufactured home spaces or lots shall not exceed thirty-five (35) feet in height from grade to the highest point on the roof. 9. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 10. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, and as required by the Planning Administrator. Title 5 - Zoning Pagc• c~f 132 ltcviscd: 09/~5 ( )rcl. 3003.1G & 200~.1b ~ >,V.... r` ~ . _ - - . . ' +I TO~~N OF 1~L~R1~N~~, ,~RIZON~~ L ~ND DE~'F.LOPI~IF,NI' CODE ~ 11. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. All such refuse collection areas shall be screened from ' public view. 12. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 13. All parks and subdivisions shall improve, to Town standards, and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. (Ord. 94-18, 12/94) ~ i 1 Title 5 - Zoning 1';igc ?3 ~~f 133 Reviscd: 09/05 Orcl. 3003.16 c~ 2005.18 TO~~N OF 1~I~~R~N~\, ~1RIION.\ Iu1ND DEVELOP~IENT CODE 05.10.1~7 MH Manufactured Housing I A. Purpose The purpose of the Manufactured Housing (MH) zone is to provide for the devetopment of parks and subdivided lots for sale that cater to the special needs ofi the manufactured home environment and lifestyle within the Town of Marana. B. Location All manufactured housing developments shall comply with the Town of Marana General Plan. In addition, manufactured housing developments shall not be placed within the airport environs of any airport within the Town. All manufactured home developments shall be served by paved all- weather roads meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the MH zone: 1. Manufactured housing parks with one manufactured home per rental space. 2. Manufactured housing subdivisions with one manufactured home per lot. D. Accessory Uses 1. Accessory uses appurtenant to manufactured housing parks include community recreation buildings and areas, accessory parking areas, laundry facilities, manager's office and apartment, child care facilities and other similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to the individual manufactured home, include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or sleeping. 3. Other customary uses and buildings as may be determined by the Planning Administrator, which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a manufactured home, motor vehicle or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses 1. A boat or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, and completely screened from view from all sides, and only for the residents of the park or subdivision. Chainlink fences with slat inserts are not acceptable in fulfilling this fencing requirement. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model home area of up to five (5) manufactured homes, but only as part of a manufactured home subdivision, and provided at least 100 lots are subdivided or rental spaces provided. 4. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or the subdivision. Title 5 - Zoning Parc 79 of 132 Rcvisccl: 09/05 Or~l. 3003.1G & 2005.18 c ~ ~ . TO~`GN OF 1~~~R~N~~, ~~RIZON~-~ LI~ND DEVELOPI~IEN"I' CODE ~ 5. One mobile home may be installed per lot on a commercial or industrial parcel or lot, provided a minimum setback of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. F. Temporary Uses G. Temporary construction buildings and yards during the actual construction and development of the park or subdivision, and sales office, not to exceed 18 months unless active construction is ongoing at the end of the 18 month period, in which case the Planning Administrator may grant additional six (6) month increments upon finding that active construction is still on-going and is necessary for the continued development of the park or subdivision. H. Prohibited Uses (Reserved) I. Site Development Standards 1. Minimum Project Size: 10 acres 2. Minimum Project Setbacks: 20 feet from all street frontages measured from the right-of-way line. This setback shall be fully landscaped and screened, and may include a perimeter decorative masonry wall. The setback area shall also contain a minimum of 1 tree, not less than 15 gallons, per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior side of the ~ wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. No off-street parking facilities or recreational facilities for common use shall be located in any such required exterior yard. (part. Ord. No. 97.07, 3/97). 3. Parks and subdivisions: a. Minimum lot size per rental unit or lot: 5000 sq. ft. b. Maximum density: 8 units per net acre. c. Minimum common recreation area per park or subdivision space: 250 sq. ft. A homeowners association shall be established in manufactured home subdivisions to own and maintain the park/open space as may be approved by the Town of Marana. d. Minimum width per space: 55 feet. e. Minimum depth per space: 90 feet. f. Minimum setback between units (exterior of al1 structures, drives, and accessory structures): 10 feet. g. Minimum front-yard setback: 20 feet. h. Minimum rear-yard setback: 25 feet. i. Minimum common recreation area per rental or subdivision space: 250 sq. ft. Tide 5 - Zoning Pa~;c 80 ~if 133 Reviaccl: 09/OS Or~l. 3003.1 G cQc 3005.18 TO~~TI OF 1~I~1R~1N~1, :~RI .7.ON~1 L.~ND DEVELOPl~IENT CODE j. Setbacks Declared a Minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side, or rear yard lot or space line, unless the building, structure, or other appurtenance meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety, and general welfare. k. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each manufactured home space or lot. All storage buildings shall be located in the rear of the manufactured home space or lot. Detached storage buildings shall not encroach into the required setbacks without a variance, and shall be subject to the Uniform Building Code fire wall requirements set forth above. I. Certain accessory structures, which are complimentary to individual manufactured homes (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the manufactured home may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "j" above. m. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. n. All structures that are located on non-manufactured home spaces or lots shall not exceed two (2) stories nor shall they exceed thirty-five (35) feet in height from grade to the highest point on the roof. 4. Common Recreation Area shall be provided both in manufactured home parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a manufactured subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and oth~r areas shall nof be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. ~ 6. Private streets shall be a minimum paved width of twenty-eight feet (28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least four feet (4') in width shall be provided on each side of interior private streets. The Planning Administrator may permit a four foot (4') sidewalk on one side of an interior street where deemed desirable. 7. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 8. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, as required by the Planning Administrator. Title 5 - Zoning I'anc 81 <,f 132 Rcviscd: 09/05 Ord. 2003.1G & 2005.18 ~ ~ - - _ TO~`~'N OF l~I~~R~1N~~, ~1RIZON~1 LI~ND DEVELOPl~IENT CODE 9. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. Such refuse collection areas shall be screened from public view. 10. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 11. All parks and subdivisions shall improve to Town standards and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. (Ord. 94-18, 12/94) I ~ ~ _ ~ Tide 5 - Zoning Pa~c 83 ~~f 132 12eviscd: 09/05 (>cd. 3003.1 G& 200~.18 TO~\N ()F I~L~R~N:1, :1RIZON~~ L~~ND DEVELOPI~IEN'I' CODE 05.10.1$~ MHS Manufactured Home Subdivision (Reserved) I ~ Title 5 - Zoning Pagc 83 uf 133 ~ Rcciscd: 09/05 ( )ccl. 2003.1G & 30(15.18 . . L ~ . ; . . ~1 TO~`CN OF l~L~R~N~-~, ~RIZON~~ L1~ND DEVELOP~IENT CODE (BLANK) ~ ~ ~ ~ Title 5 - Zoning 1'ag~ 8-} <~f l33 Rcviscd: 09/OS ~ ~rtl. 3O03.16 & 2005.18 TO~`~'N OI~~ i~L~Rl~N~~, ~~RIZON.~ L ~ND DE~"ELOPI~IENT COllE 05.11.01 CO Commercial A. Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi-family residential opportunities and options to commercial and other higher-intensity districts. B. Location The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and/or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 'I. Residential Dwelling Units as permitted_ ,and _sub~ect ;o _ the deti~elo~ment - - sta~~da~ci~ four~d in Section 05.10.138~. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. Veterinary clinic, small. 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to such additional conditions or limitations as may be imposed by the Town Council: 1. Restaurants and Cafes (not to inctude drive-ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. Title 5 - Zoning Pagc 3~ ~>f 132 Reviscd: 09/f15 Or~. 2003.1 G c@ 3005. I S - ~ L _ _-:m TO~`~N OF l~i~-~R~~N~'~, <-1RIZON.~ L~~ND DE~'ELOPI~IENT CODE b. The facility is located and designed to eliminate noise and/or odors. c. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. F. Temporary Uses (Reserved) G. Prohibited Uses (Reserved) H. Intensity Standards 1. Residential. On any parcel or unit of development, the following intensity standards apply: a. Dwelling Unit Density: There shall be no more than twenty-five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non-Residential. The following standards shall apply: a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site Development Standards. The following site development standards shall apply: 1. Street Frontage: minimum of 100 feet. 2. Lot Area: a. Multifamily: minimum of 3.0 acres. ~ b. Non-Residential: none 3. Front yard: minimum of twenty-five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non-residential uses provided minimum building code requirements are met. However, a non-residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty-five feet. 6. Rear Yard: minimum of twenty-five feet. 7. Building Height: maximum of forty feet. Title 5 - Zoning Pagc 8G ~~f 132 Rcviscd: 09/0~ ( )rd. 3U03.16 & 2005.18 'I'O\tN OF I~I~~R-~N.1, .~RI"LC~N~1 I.~-1ND DEVELOPl~IENT C()DE 05.11.02 NC Neighborhood Commercial A. Purpose. The Neighborhood Commercial (NC) Zone is intended to provide for the conduct of indoor business serving neighborhood residential areas needs including retail sales of convenience goods and services, shopping goods and services and other defined goods and professionai services and to insure compatibility with adjacent residential uses. It is also the intent of this zone to provide neighborhood retail uses in clusters and to avoid strip commercial sites. It is further intended that these activities will provide local business and employment opportunities for Marana. B. Location (Reserved) C. Permitted Uses. 1. Residential uses as p~ermitted_and sua~eci to the develo~rnent_stanciards f~un~ _ - _ _ _ ineu+ded Section 05.10.138~ (R-3:56) 2. Commercial Office (CO) uses as provided in Section 05.11.01 C. 3. The following uses are permitted in the Neighborhood Commercial Zone. a. Apparel stores. b. Appliance stores. c. Banks and financial institutions, excluding drive-through and outdoor teller facilities. d. Barber and beauty shops. e. Bicycle shops. f. Child care institutions. g. Churches, temples, and other places for religious services. h. Clinics: medical, dental, and veterinary (completely enclosed). i. Clothes cleaning, pressing, and tailoring shops (completely enclosed). j. Drug stores. k. Florist shqps. I. Food stores, including delicatessens, candy stores, and dairy product sales. . m. Furniture stores. n. Hardware stores (no open storage, sale or display). o. Laundromats. p. Office buildings. q. Office equipment sales and service. r. Package liquor stores. s. Pet shops (completely enclosed). t. Public service facilities (government, civic, utility). u. Restaurants, including carry-out establishments, but excluding drive-in service. v. Stationery stores. w. Theaters, not including drive-ins. x. Schools of business, language, music, dance, and art (may require reasonable soundproofing). Title 5 - Zoning Pa~;c 8 i uf 132 ltcviscd: 09/05 Or~l. 3003.1 G& 3005.18 TO\~N OF 1~1~~R1~N<~, .1RIZON~~ I.~~ND DEVELOPi~IENT CODE ~ y. Shoe repair shops. z. Supermarkets. aa. Comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed to carry out the purposes of these regulations 1. Automobile service stations. a. Criteria: (1) Feasibility of arranging ingress and egress without interference or hazard to arterial street traffic and traffic to and from adjacent uses. (2) No more than one other service station located on each block. 2. Plant nurseries, home and garden supplies. a. Criteria: (1) Location on periphery of commercial area so as not to interfere with pedestrian movement and shopping. ~ (2) Screening of all materials and supplies other than plant materials. 3. Drive-through facilities for banks, financial institutions, restaurants, and other similar uses. a. Criteria (1) Not closer than fifty (50) feet of any residentially developed lot line. (2) (Reserved) 4. Institutions of educational, philanthropic, and charitable nature. 5. Clubs, lodges and meeting halls. F_ Temporary Uses (Reserved) G. Prohibited Uses. The following uses are prohibited 1. Automobile paint, body and fender, brake and tire shops. 2. Bars and cocktail lounges not a part of a bonafide restaurant. 3. Contractor's yard. 4. Heavy equipment sales or lease. 5. Agricultural or industrial equipment sales. H. Intensity Standards. 1. Minimum Site Size: none, except that 1 acre per free standing pad use is required. Title 5 - Zoning Pa~;c 88 ~~f 133 Rcviscd: 09/0~ Ord. 3003.16 & 20O5.1 S TO~~'N C~I~ ~L1R1N,~, ~~RI70N1~ L.~1ND DEVELOPI~IENT CODE 2. Maximum Site Size: 15 acres. 3. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.5. 4. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five percent of the lot. I. Site Development Standards. The following site development standards shall apply: 1. Street Setback: minimum 20 fest from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: Along any property tine either used or planned for residential use, a buffer area shall be provided which shall be at least twenty-five (25) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed thirty (30) feet in height; no accessory building or other structure shall exceed twenty-five (25) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to the collector or arterial streets. b. All its buildings, other structures, parking and loading areas, shall be physically separated from all non-arterial or collector streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c. below, the barrier shall be continuous for the entire length of the property line. c. Each property shall have appropriate access ways to the street. In addition, each access way shall comply with the following: (1) Curb returns shal~ have a minimum radius of twenty-four (24) feet. (2) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (3) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. d. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers and/or fire access. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will btock or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading and delivery spaces as a part of the approval of a shopping complex of several retail stores being part of a complex. Tit1e 5 - Zoning Pagc 89 of l32 Rcviscd: 09/0~ Or~. 2003.16 cec 2005.18 TO~'~N OF 1~I~~R~N~~, ~~RIZON.1 L~ND DE~'ELOPi~fENT CODE e. Storage: Except in instance where specifically permitted and controlled under the provisions of this ordinance, open storage of equipment and materials is prohibited. f. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). ~ ~ ~ Title 5 - Zoning Pa};c 9O c~f 132 ltcvi,cd: 09/05 Ord. 3003.1G & 3005.18 'I'O~~N OF l~I~~R11N<\, .1RIlON<1 L~1ND llEVELOP~IEN"I' CODE 05.11.03 VC Village Commercial A. Purpose. The Village Commercial (VC) zone is a community level retail zone and is intended to provide for the conduct of business serving the Town of Marana and surrounding communities providing the sale of goods and services and a variety of commercial and professional activities as well as higher-density residential opportunity in a planned mixed-development area. This zone is for the services requiring larger sites and service area than neighborhood level centers, but not regional level goods and services. It is further intended these activities provide employment business opportunities for Marana. B. Location (Reserved) C. Permitted Uses. 1. Residential uses shall be permitted and su~~~ct_to_ the__development standards four,cas-se~-~e~ in Section 05.10.138~ 2. Commercial Office (CO) uses as permitted in Section 05.11.01 C 3. Neighborhood Commercial (NC) uses as permitted in Section 05.11.02C 4. The following list are permitted in the VC zone: a. Department stores. b. Variety stores. c. Retail warehouse outlets. d. Showroom catalog stores. e. Home improvement centers. f. Automotive Supplies/Service Stations; (1) Auto dealers. (2) Service station. (3) Car wash. (4) Cycle shop. g. Super drug stores (over 10,000 sq. ft.). h. Pet and pet supply stores. i. Such other comparable uses as may be approved by the Planning Administrator D. Accessory Uses (Reserved) E. Conditional Uses (Reserved) F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are prohibited in the VC zone: 1. Automobile paint, body and fender shops. 2. Contractor's yard. 3. Heavy equipment sales or leases. 4. Agricultural or industrial equipment sales. 5. Comparable uses as determined by the Planning Administrator. Tide 5 - Zoning I'agc 91 ~>f 133 ]tcvisc~: 09/05 (>r~. 2003.1G & 2005.18 TO~!~N OF I~L~R~N~1, ~~RIZONI~ L~~ND DEVELOPI~fENT CODE ~ H. Intensity Standards. (Non-Residential) 1. Minimum site size: 10 acres. 2. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.35. 3. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five perc~nt of the lot. I. Site Development Standards. (Non-Residential) The following site development standards shall apply: 1. Street Setback: minimum 30 feet from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least forty (40) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed fifty (50) feet in height; no accessory building or other structure shall exceed thirty (30) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to arterial streets. b. All non-residential zoned property with its buildings, other structures, parking and loading areas, shall be physically separated from all non- arterial streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c) below, the barrier shall be continuous for the entire length of the property line. c. Each property shall have access ways approved by the Town Engineer and shall demonstrate the need for access points. Each access way shall comply with the following: (1) The width o# any access way leading to the arterial street shall be median divided to provide separation from incoming and outgoing traffic. (2) Curb returns shall have a minimum radius of twenty-four (24) feet. (3) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (4) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. 6. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width. The arrangement of truck loading Title 5 - Zoning Pagc 92 ~~f 133 Rcvi,cd: 09/U5 ( )n1. 2003.16 & 2005.18 ~ TC~~'iN OF ~I~~R.~N.~, ~~RIZON.~ L~~ND DEti'ELOPl~IENT COllE and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular or fire circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint- use loading and delivery spaces as a part of the approval. 7. Storage: Except in instance where specifically permitted and controlled under the provisions ~f this Plan, open storage of equipment and materials is prohibited. 8. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). ~ Title 5 - Zoning Pagc 93 ~,f 132 Rcvi,ccl: 09/05 ( )rd. 3003.16 & 300~.18 TOVCN OF 1~I~~R~~N.-1, ~~RIZON.~ L~~ND DEVELOPI~IENT CODE ~ (BLANK) ~ ~ Title 5 - Zoning Pa~;c 9# <~f 133 Rcvisccl: 09/OS ( )rJ. 2003.16 & 3005.18 TO~~N OF 1~~L~R1~N~~, ~1RIZON~~ L~1ND DEVELOPI~IENT CODE TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 Building Permits Required, Procedure Therefore 08.02 (Reserved) 08.03 Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions 08.04 Animal Keeping and Re~ated Structures 08.05 Building Height Increase 08.06 Residential Design 08.01. Building Permits Required, Procedure Therefore Any person, partnership, firm, or corporation desiring to construct, erect, or move, any residential building or mobile home or associated outbuilding where such building or mobile home contains more than one hundred twenty (120) square feet under roof, or desiring to enlarge or substantially modify any residential building or mobile home where such work will involve an area of more than one hundred twenty (120) square feet under roof, shall first make application for a building permit to the Town Clerk and shall not commence any such construction without first obtaining a building permit from the Town. All applications for a building permit shalt be accompanied by plans which have been drawn to scale and which show the actual dimension of the lot to be built upon, the size and location of existing buildings, if any, the building to be erected, enlarged, modified, or moved, the location and layout of said structures with respect to front, rear, and side property lines, and the location and layout of proposed off-street parking areas. Even when a building permit is not required, any person, partnership, firm or corporation constructing, erecting, enlarging, moving, or substantially modifying any residential building or mobile home, or associated outbuilding, shall be responsible for compliance with all other provisions of this development code. Any person, firm, or corporation desiring to erect, construct, enlarge, move, or substantially modify any commercial, industrial, quasi-public, or public building or structure shall first make application to the Town Clerk for a separate building permit for each such building or structure and shall not undertake any such construction, enlargement, or movement without first obtaining a building permit from the Town. Each application for a building permit shall be accompanies by plans which have been drawn to scale and which show the actual dimensions of the lot to built upon, the size and location of existing buildings, if any, the buildings to be erected, the location of the proposed off-street parking. Plans submitted for new construction or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechanical installations to permit evaluation of their adequacy by the Town Building Inspector. The term, "substantially modify" shall be taken to mean the installation or removal of any interior or exterior wall or the addition or replacement of an amount of electrical wiring or plumbing equal to twenty-five (25) percent or more of such installation in the modified building or structure. Tide 8- General Development Regulations Pagc 1 <~f 33 Rcvisccl 9/05 ( )r~i. 2005.18 T(~~~N OF I~~:~R11N~1, .1RI"LON~1 L~1ND DEVELOP~,IENT CODL 08.06 Residential Design 8.06.01 Purpose A. The purpose of the neighborhood and residential design standards is to foster the establishment of neighborhoods that avoid the appearance of "production," leading to greater diversity and quality of residential development within the Town of Marana. _ It is necessary ,xr~_~. s t that new _ ~ , ~ ~ ~ , ~ ~r ~ ~ developments in d_~ ~ which any lot is ~ - ` ~ ~ 16,000 square ~ ~:,,,~~,t_- ' feet or smaller • ,:V' I e'~ accomplish the - ` ~ _ . . following: 1. Foster variety of architectural style, house and lot size, and price within and among residential neighborhoods. : ~ , • . ' r ~ ~ ~ ~ ~v 2. Create pedestrian . y~-~"~= . ,,-~f,;., w~ Y ~""~~:,.r~.~ . friendly neighborhood ~ _ t ~ ~ ' , streets through ~ f ~ reduced pavement and V ` W F " ~ ' as~:.u 3` ' , y ~ t~r ..aaa~ •."a^~ 6~`~~'*;~ • ~2,r increased landscaping. ; ` r~.x s ~~a~ ~ ~ ~3 ~ ~ ~ ~ : ~ , ~ 1,_ 3. Provide visual relief ~ ~ r,~ ~ . ~ ~'~...~t ~ ~ ~ '',j}. ` , and shade through ~ ~ ~ ~ ~ ..r .a'.~' ~ , ~ landscaping along .a* ~y!~ ~ ~~v ~ ~`!4 J`- ~ ~a ~s.~}~°r streets, common + ~ ,,1' ~,1. ~ x entryways, common areas, and on individual lots. 4. Integrate roads, paths, and trails within neighborhoods and through adjoining neighborhoods. 5. Incorporate parks and open space into the fabric of the neighborhood. ~ ~ : . ~ WHAT NOT TO DO. Same thing over and over... .""r~~~ ~ ' ~ I ~4 ~ ? , \ ~ _ ~ ~ ~.~.i~ ~ Title 8- General Development Regulations Pagc 13 ~~f 28 Rcviscd 9/05 t )rd. 3005.18 TO~~N OF ~L1R~N~-~, ~1RIZONII L.~-1ND DEVELOPI~IENT CODE 8.06.02 Applicability A. Neighborhood design standards shall apply to any subdivision containing one or more lots 16,000 square feet or smaller, unless the subdivision is part of a specific plan governed by neighborhood design regulations tailored to that plan. However, these standards shall not apply to applications for preliminary plats submitted on or before the effective date of this ordinance pravided that a final plat is approved not later than one year after the adoption date. B. Residential design standards shall apply to all detached dwellings in subdivisions containing one or more lots 16,000 square feet or smaller for which an application for a building permit is submitted after January 1, 2006, unless the residential lot is within a specific plan governed by residential design regulations . tailored to that plan. Where model home plans have been approved for a ' specific subdivision prior to January 1, 2006, construction may continue • thereafter according to the approved models. C. Where an application for a subdivision contains multiple blocks, the standards . of this ordinance shall apply to each block as if it were a single subdivision. D. The standards of this ordinance supplement the standards of Title 5, Zoning and Title 6, Subdivisions. Where there is a conflict between this ordinance and either of these Titles, the standards of this ordinance shall apply. 8.06.03 Definitions A. For the purpose of this ordinance the following terms are defined as follows: 1. Adjacent - Near or close to, but not necessarily touching or abutting or having a° ~ '.~r'~ * common dividing line, such as two properties ~ + separated by a street, alley, easement, or ~~„a, • common area. ~ _ _ 2. Adjoining - Two or more land parcels ---~•----~.a: having a common property line. 3. Curbway - The landscaped area between f. = the outside edge of a sidewalk and the inside edge of a curb. 4. Four-sided architecture - Residential design wherein each side of a house displays one ` • ~ - or more features, including, but not limited to, ~ ~s balconies, bay windows, recessed windows, ;R;~~~ porches, and other architectural details. ~ ~ ~ 8.06.04 Neighborhood Design Plan Submittal A. Time of submittal. A property owner shall submit a neighborhood design plan in accordance with these regulations as part of the preliminary plat submittal. Where a preliminary plat consists of one or more parcels or a block plat to be further subdivided into lots, the adopted neighborhood design plan shall apply to all subsequent subdivisions and resubdivisions, unless a new neighborhood design plan has been approved. Title 8- General Development Regulations I'a~;c 1-4 <~f 28 Rcviscd 9/OS ~ ( )rd. 20Q5.18 "I'O~~N (~F 1~L1R_~N .~RIZ(~N.~ L1~ND DEVEL~)PI~IENT CUD~ B. Submittal process. An applicant shall submit all documents, exhibits, data, ~ and information as required on the application form provided by the Town of Marana. The applicant shall provide additional information, documents, or other relevant material that the planning director believes is reasonable and necessary to evaluate, analyze, and understand the application. C. Approval. 1. Neighborhood Design Basic Plan. The Town Council shall approve the neighborhood design plan at the time of preliminary plat approval. 2. Alternative Neighborhood Design Plan. The Town Council shall consider for approval the alternative neighborhood design plan at the time of preliminary plat approval. The adopting resolution shall indicate which of the alternative standards is approved, and any modifications made to those standards. 8.06.05 Neighborhood Design Plan Basic Standards A. Basic Standards. The neighborhood design plan shall be at a minimum comprised of the following basic standards as described below, or as described in Section 8.06.06, to accomplish the purpose of this ordinance. B. Site Planning Standards. 1. Streetscape Standards. a. All subdivision streets shall depict street layout, curbs, sidewalks, and landscaping and their relationship to building frontages. b. Where a submittal includes only parcels or blocks, but not individual lots, the neighborhood design plan shall depict all collector streets within the subdivision and points of access to adjacent streets. All subdivisions shall have at least two points of access. 2. Common Area and Recreation Area Standards. a. Before submission of a preliminary plat, each applicant for subdivision approval shall consult with the planning director and parks director as to the number, size, location, and design of parks required within the subdivision and as to the amount of any regional park impact fee credit for regional public park facilities developed or dedicated by the subdivider as part of the subdivision. b. Public neighborhood parks and open spaces shall be incorporated within the fabric of the neighborhood, located and designed to maximize proximity to the largest number of homes within the neighborhood and to maximize accessibility and visibility from the front of surrounding and nearby residences. Neighborhoods shall be designed around parks and open spaces. Required parks shall not be located on remnants of land remaining upon completion of the lotting layout of the subdivision. ~ Title 8- General Development Regulations Yagc 15 uf 28 ( )rcl. 2005.18 Rcviscd 9/05 ~ TO~~N OF I~L~R~N.~, ~~RI'LONA L1~ND DEVELOPi~1ENT CODE - 1 ~ 1_ _ . 1. t. - ,r~ .w . 1 , - ooomn~c~~ r ~ ~ uoow~w ao3~~ _ ~ r~. ' 4 . ~ ~ ro ~t i• ~ 1~4N p`6~M~r ~ ~f`~k, y."~ j ` ~ . .T qg_ . _ : ~ . . . 4$ ~ ~ ~~~,~y~•~~~,;~ _ ~ ~'i~ ST ~ " P ~ • ~ . . - . i ~~~~t ~ ~ J : . ~ , ~ ~ `'~tr . . ~ " L ? ~t E~'iFj ~ ~ . ~ 1 - ~ r..afi~ ' Q!"~ *fi it" POCKET NEIGHBORHOOD ~ ~ ` COMMUNITY ~ , , ~ - ~ - WHAT NOT TO DO: Y' T- ` ~ 1 Take left over space and call it jt~~=~'-L~ ~ m~~ 4 ~ ~ ~ a park! _ ~~`r- ~ L`/~~ L , . f , . ~ - Examples of amenities and design: w ~i' ~ ~ ~ y ~ ' . s ~ , i i f' . p 5 ~ : ~ ' ~ ~ ~y+ 4 FR'' - . -.~i ' . . ~ . a . ~ IYr. .rY~A~ ' ~r f.. ` . `~f"' f '°2 Y'/" ?P / yy~~ ~§r _f"' ~ 4~ ~~M i ~ ~ ~Yy~.~. } ~ ~ ~ - - . ~ r, J~,.L:i~'.L~~ _ _ .~~~a7~~. •~n~ _ 3 ~ ~ ~ "i ` `R+.~ ~ J c. All subdivisions shall contribute to the Town's regional park and trail system, either through land donation and/or an impact fee. Public neighborhood parks of five acres or ~ * . ~ . _ t. . larger shall be incorporated within the F ~ ~ ~r ~ , ' a " ' " fabric of the neighborhood, or shall link * ~ ~ ~ ~ ~ + two or more neighborhoods. The ' ` , * f t ~ applicant shall consult with the r,;,~ ~ i planning director and parks director as , ~ ~b ~ ; ~ to the number, size, location, and ~ . . + ~ design of parks. ~ ` ~ ~ ` ' . ! ' d. Paths or trails within ' ~ ' ` ' ' ~ ~ subdivisions shall be designed to link * * + ; neighborhood components and n~+uPr.~ra?~ tNncr+ v.,Wy.w,~ ~,M- * ~ amenities and shall connect to adjacent - • subdivisions. h • n •f - a..,. ~ . ~ ; e. Where private neighborhood ~ .~1 parks smaller than five acres are required, parks shall be located on Title 8- General Development Regulations 1'agc 1 G ~ ~f 38 Kevi.cd 9/05 (>rd. 3005.18 TO~`~N OF I~L'~IL~NI~, ~~RIZON~~ L.~ND DE`'ELOPi~IEN"I' CODE ~ average within a half mile of the front of dwellings within the subdivision, and ~ shall be connected to the neighborhood path or trail system. f. Preserved washes and constructed drainage features shall be integrated into the overall site design. t.~ g. Drainage ways and ~~~~a ~ ~ detention/retention areas shall be - designed to create a natural V~°•'~~.~;.,, appearance, with meandering channels rather than linear and trapezoidal channels. h. Land shall be graded to _ balance cut-and-fill areas and to distribute ~ grade changes throughout the subdivision, r~-~- - to avoid where practicable grade differences ,R, ~~a~: ~ and cut slopes greater than 4:1 between - ad'acent lots and between lots and ad'acent ~ J 1 ~ ~w_. rights of way. ;s WHAT NOT TO DO: ' Drainage feature squeezed in between _r ~ . a ' ~ ' . _ homes! ~ _ • - , f=- - . ~ , ~ / 3. Street trees. a. A local street plan wherein sidewalks are T,~ ~ separated from the curb by a landscaped curbway ff'~ ' ~ 1`~F~~\' ~~t~~, not less than six feet wide meets the intent of ~ these regulations. Street trees shall be planted ~~~a~;"'~ ~~~~a „ , , ~ , every 50 feet along the curbway. The Y~~; ` ~ homeowners' association shall maintain all ~ landscaping in the right of way as provided for in a ~~~`~'S~ ~ ~ ' license a reement from the Town. 9 r - n ~ ~ 1~' b. Council may consider an alternative street ~ tree plan where the development adjoins existing ' r~" 1-'~~ y ~ ~ development ` _ - ~'tis ~t-~'r.f',~` ~ , ~~~a ~ and the applicant ; ~rh z~' ~ ~ „ > ~ can show the plan integrates with an acceptable precedent of landscaping set by ~ , J~`::_ cna:~ j , ~ ~ f - ~ ~ - surrounding development. ~~E ~r1, c. All trees and plants shall meet Arizona - Nursery Association minimum guidelines as to caliper and height and the Town of Marana's ~ - - ` approved plant list. ~ Title 8- General Development Regulations Pagc 1? c~f 28 Rcviscd 9/05 ( kd. 2f)05.18 'I'O~~N OF ~I~~R1N.1, ~-1RIZ.ON.~ L ~ND DEVELOPI~iEN"I' CODE C. Entry and Edge Standards. 1. Entry landscaping. Entry landscaping may be used to visually enhance the character of the , neighborhood and complement the community. Secondary treatments may be used at other - access locations. Entry landscaping shall be = located so that it does not interfere with the sight ` visibility triangle. ! - • . $ ~ ~ ~ ~ ~ ~ ~ ~ ~ r' , ~i, _ t ~ . ' i :-i ~ ~ ' '''b+'J 'a~~ ~ ~ ~ ~ k" 3ta~1.~,. ~ ~ ' a •r---~ ti s s . ~ . • , ~ r- ' ..F ' ~ . ' _ ' . . ._~.rg,.~.. . Y~ t :.J ~ `1 ~ . . . J ° - ~ :,~.t i . . - ~.io.,.. . .-~fS~ U~r t ~ WHAT NOT TO DO: "Engineered" landscape ~ treatments that de-emphasize aesthetics and highlight , 2. Edge landscaping. Where the edge F,~ of a subdivision adjoins public right of ,,i; ~ wa for an arterial street, the a licant Y PP `v . F shall develop a landscaping plan for ° the right of way in consultation with the y~ planning director and subdivision ~ rt'~ engineer. ~ ~ ~t - : ~ ~ _ . - ~ - ~;y"' _~:~1; • "i II ~ ! 1 ~ ~ - ~ WHAT NOT TO DO: - . Nondescript walls with ~ _ ' µ ~ } ~ mmimal ground plane ; treatment. . i i ~~~;~i~ ' ts~ ~ Title 8- General Development Regulations Vagc 18 ~~f 23 ltcviscd 9/05 ( )rc1. 2005.18 TO~!~N OF i~I~1R~N~~, .1RIZON.1 I,11ND DEVELOPI~IFNT CODF ' 3. Irrigation. All plants shall be on an underground drip irrigation system. If turf is used, it must be irrigated from a secondary, non-potable source where available. 4. Perimeter walls. Where the neighborhood design plan includes perimeter walls, all walls visible from the public right of way and adjacent existing residential development shall incorporate one or more visually appeaiing design ;.r treatments, such as the use of two or i Y` more decorative materials like stucco, tile, ~~T.~~:'- ` stone, wrought iron or brick; a visually r y:=< interesting design on the wall surface; : ` ~ ~ . ; ~ ~ varied wall alignments, such as jog, , ~ ~ T 6.r ~ , . ,;Y~, ~ ~ curve, notch, setback; and/or trees and . - ~ ~~T % «~~:~;rs~-~ ~t~~,; shrubbery in voids created by wall variations. View fencing ~ shall not be used where houses can be viewed from public 4~i ~ streets. Uncolored grey block is not permitted. Perimeter walls ~ shall be kept free of graffiti. -~~x ~ , Y~ ~ ~ a~ `;?i E 4 * k._~ ' ` ~ - . ~ ~s`~~~:"+ . ~.df,c;~ . . . ~ y ` WHAT NOT TO DO: Big, nondescript walls that look like barriers. ~ , , , . ~v... . ~At ~ _ - n ~ . , ~ ~ ~ , o- 4 ~ ~ ~ ~p - ~ ~ ~ ~ ~ . . . { ~ikt:~~. 3 , r~ ~~t . ~ _ - . !^p~w ~R,~ . v . ~~.s " 4P - _ _ ~ .,c"~ Title 8- General Development Regulations Pa~;c 19 ~~f 38 Rcviscd 9/05 ( h~l. 20Q5.18 "I'U\`~N OF i~L1R:~N~~, .1RI'1.ON.~ L~~ND DEVELOPI~IENT CODE 8.06.06 Alternative Neighborhood Design Plan A. Alternative neighborhood design. A property owner may submit an alternative neighborhood design plan that varies from the standards of Section 8.06.05 B. 1, above, to include one or more of the following options, providing that a property owner shall also submit in conjunction a conceptual residential design plan in accordance with Sections 8.06.08 or 8.06.09. The residential concept design plan is for illustrative purposes, but will establish the intent of the alternative plan. The final residential desig~ shall substantially conform to the concept plan. 1. Narrow streets. An alternative strest plan that shows narrowed street . pavement may be acceptable to meet design objectives; however, such alternative plan shall be accompanied by a letter from the fire district chief stating - :a~ that such plan ° ~f, meets i l L.s-~ 1-~ l-.J ~ ~ ~ ° minimum ~ ~ ' ` safety y r ~ + ~ ' : ~ requirements. ~ - r , _ . . . ~ , , i ~ _ ~ ; _ Y ~ ~ ~ ~ -_-_1 ~ _i; _--.7 r- - -=t-; 2. Divided landscaped local collector streets. The Town of Marana encourages a local collector street plan with travel lanes separated by a iandscaped median. The homeowners' association shall maintain all landscaping in the right of way as provided in a license agreement from the Town. The Town encourages the ~ applicant to ~ ~ fi locate ~ ~ ; } ~ ~ t, dwellings to ~ ` - ~ face collector ~ ~ _ ~ ~ ~ streets with ~ y: ~ , ~ garages ~ ~ ^ accessed from T~ ~ an alley or _ . . y~ Parking court. _ . . . T- . 3. Alleys or parking courts. The Town of Marana ~ - encourages a street plan that provides rear access ~ - xw ~ parking, either from an alley ~ ~ ~ ~ ~ ` ~ ~ located behind ~ ~ ~ k ~ ~ : ~ - ' ~ ~ - : . . ~.4 ~ , . ~ ~ lots running . - 1`° ~ r parallel to the a, ~ F'~ ~ ~ - public street, ~ ==-f ` ' ' ~ ~ or from a F~~~` _ - : . _ parking court ' - y ! ~ ~ ~ that serves a specified group of dwellings. o ~ _ The planning director, in consultation with ' ~ the subdivision engineer, shall provide ~ ~ f,"' ~ ~ guidelines for alleys and parking courts. Title 8- General Development Regulations Pagc 20 ~~f ?8 Rcvised 9/05 ( )r~. 3005.18 TO~tN (~F~ 1~I.1IL~N~1, ~~RI'LON.~ L~ND DEti'L,LOPI~IEN"I' CUDI~' ~ WHAT NOT TO DO: Unattractive, "oversized", "linear" parking lots :.~~'n"~ ,~y~, s^1- ~ ~ ~ ~ `~a~~ ~ ~ _ _~r ~ . o -i~-nTfv'Tet'~YIG~IF~ ~ro foo# e ~ . ~ 0 - . s~.- = . _ . fi.....~, WHAT NOT TO DO: ~ r~ Sprawl! Sameness over and over... ~e S:= ~3~ ~ . i,. {,~bb:v ' ~.i i _ ~ ~ . ~ '~.!r'~ .._'~k5~~~2by~~C„~ . . _ _ 4. . . . . ~,.1 '_.a.e, ~ _ , . . _~a., ~ i.~,.-"- . ' . . . . . . .i . " Title 8- General Development Regulations I'a~;c 21 r~f 28 ltcviscd 9/05 ( )r~l. 2005.18 TO\`N OF i~L~R1-1N.~, ~'~RIZONI~ L~1ND DEVELOPI~IF.NT CODE 5. Multi-story dwellings. An alternative neighborhood design plan may request subdivisions where multi-story dwellings exceed 50%. An alternative residential design plan per Section 8.06.09 shall be required. ~ ~ - ± , ~ ~ ~ ~ ~ ~.r-swr'~ Y ~ ~ 1 3 IC ' ' ~~"7""?^. - ~~`i /A.tF ~ _ ~ " . _ h~'~~` • ~ / ~ - ~r~~m ~ ~ ' ^ ~'•k da. 't ~ ~ u ~ ~ b` g~ E::~ - a y :~.•u i~ ~~::~rr_ . a ~i •i• I~ ~9 WHAT NOT TO DO: y' ' ' ~ ~ * . ~ The same two-story pattern over and over. ' y N~ ~ s~r _ j - 8.06.07 Residential Design Plan Submittal A. Plan required. A property owner shall submit a residential design plan prior to applying for a building permit. B. Submittal process. The applicant shall submit all documents, exhibits, including building elevations, as required by the Town of Marana. The applicant shall provide additional information or other relevant material that the planning director believes is reasonable and necessary to evaluate, analyze, and understand the application. ' C. Review process. The planning director or designee shall review residential design plans according to the standards of Sections 8.06.08 or 8.06.09. 8.06.08 Residential Design Plan Basic Standards A. Architectural Standards. 1. Multi-story development. a. Not more than 50% of the lots in a subdivision may contain multi-story dwellings. b. All multi-story houses must display four-sided architecture, except where a wall is on a lot line. Title 8- General Development Re~ulations I'a~,c 22 <>f 28 Rcviscd 9/05 ( )r~l. 2005.18 ~l'C)V`~1~I nF ~I~1IZ~1N_1, ~1RI1C~N~~ L.~~ND DE~'ELOP~IEN'I' CODE 2. Garage layout. Not more than 40% of the lots in a subdivision, nor more ~ than three lots in a row, nor more than 50% of the lots along a single side of a street from one intersection to the next intersection shall have garages flush with or that project in front of the livable space of the dwelling. A cul-de-sac or "eyebrow" shall be considered an intersection. i' ~y ~ J~~ , . . - t~ I ~ 4 - ~ , ~ ~ . _ _ ~ ~ i'",~ G '1_.~~i~' p 5 ~ t _ ~~1~_~ . FW , . . ~.i. . '`~'r~"~T°R . ~t , `,,~:...r; _ • ~ N , - ~?;a :.r:-' ".r . Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting. WHAT NOT TO DO: Incorporate the same car oriented, - .y,m.- - garage dominate condition along the s~~ ~ c~~~ ~ neighborhood street scene. - ~ ~ i $ ~ ~ ~ 3. Color. Color schemes other than a dwelling's trim color shall not exceed a light reflectivity value of 50 The residential design plan shall include a color palette that ensures variety along the streetscape and within the neighborhood. The plan shall describe how the color palette will be implemented. 4. Front ~ Dwelling . Facade. The .t~ ~ _ residential . ~ ~ ~ design plan ~ ~ { ~ , ~ ~-~---r_- shall , ~ - - - ~ z-: , << ' ~ incorporate _ - _ ~ ~ , a range of - , i ' details and - - ~ massing ~ f r~,-~. . . • conditions ~ for each dwelling that, when placed together, will provide an attractive, unique street scene. Each front dwelling farade on any residential street shall include at least three of the following design features, or shall present an alternative that achieves the intent of these regulations: Title 8- General Development Regulations Pakc 23 ~~f 33 Rcvisc~l 9/05 ( )rtJ. 3005.18 TO\~T~I OF 1~~~R.~N_~, ~RIZON~~ L~ND DEVELOP~IENT CODE a. Varied roof line, wherein elements of the dwelling disptay different heights, or where roof design changes more than two planes or directions. b. Windows recessed at least two inches from the building wall, or casement windows. _ ; '4 j ~ ~ ; - - t ~ ~ ~ ~ ~ n ; ~ ~ ; ~ ~ ~ ~>x_ .,a; - c. Bay window or other similar projection or a front fa~ade that displays a contrasting building material, including, but not limited to, stone, brick, ~ or tile. ~ ~ d Front porches or courtyards fifty square feet or larger that project five feet or more from the ` ~ ~ dwelling faCade. ~ ~~a~ ~ e. Recessed or projecting balconies of three • . ; c~~ feet or more. ~ f. Garages entered from a side street crossing a side lot line of the lot or a side entry garage located perpendicular to the front faCade of the dwelling. The wall of the garage facing a street shall include at least one window. g. Front entry garages recessed seven feet or more from the livable area of the dwelling. h. Rear entry garages from an alley or parking court, where there is an approved alternative neighborhood design plan. 5. Corner lots, lots adjacent to a park, or lots separated by an easement or common area . Where a house is located on a corner lot, is adjacent to a park, or where two lots are ~ '~`F~ ` ~ separated by an easement or common area, the c~.~.~~,~,,,,~.~.:~- ~ house on such lots shall display four-sided architecture except where a wall is on a lot line. B. Individual Lot Landscaping. ~ 1. An individual lot shall contain a minimum of one tree planted in the front yard. 2. Where drainage permits, landscaping shall be required within adjoining side yards between two adjacent dwelling~. 3. All trees and plants shall meet Arizona Nursery Association minimum guidelines for caliper and size and shall conform to the Town of Marana approved plant list. Title 8- General Development Regulations 1'agc 2-4 c~f 38 ltceisct3 9/05 ( )rd. 3005.18 TO~~N OF l~L~R~N~~, ~~RIZUN.1 Lr~ND DF.VELOPI~IEN1' CC)DE ~ ~ 4. All screen walls enclosing individual side and rear lots shall be uniform ~ throughout the subdivision and shall be designed to incorporate color or contrasting materials or design elements. No uncolored grey block shall be allowed. View fencing may be required in certain locations where houses back onto natural features or other amenities, but shall not be permitted where backs of houses are visible from public streets. 5. Air conditioners, pool equipment, or other mechanical equipment shall be fully screened from view by a screen wall. C. Lots adjoining major roads, collectors or arterials. 1. Lots adjoining arterial or collector streets. Any house located adjoining an arterial or collector street shall display four-sided architecture; no adjacent houses may display the same rear elevation. 2. Multi-story dwellings. Multi-story dwellings shall be prohibited on those lots along the edge of a subdivision where adjoining existing lots have one-story dwellings. This provision shall not apply to subdivisions located adjoining each other within a master planned community approved under a common rezoning D. Building materials. Materials may include stucco, brick, adobe, rock, flagstone, wood, metal, and other similar distinct materials. Where metal is used, including window shades, it shall be treated so that its iight reflective value does not exceed 50%. E. Architectural variety. 1. For subdivisions with 30 lots or more, the residential design plan shall include at least four different base models with three different front elevations per model; the number of elevations per model may be reduced to two if the residential design plan provides five or more models. For subdivisions with fewer than 30 lots, the residential design plan shall include at least two different base models with two elevations per model. 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3. The base color of a house may be repeated no more than one house in every three along a single side of a street. 8.06.09 Alternative Residential Design Plan A. Alternative residential plan. An alternative residential design plan is required when an alternative neighborhood design plan requests the small lot option or multi-story dwellings for more than 50% but no more than 60% of the subdivision. B. If both options are requested, subdivisions of ` ~ 50 or more units must provide 250 square feet of ~ ,~,i`r ~ s private open space per residential unit "~t-~ i - -k~ - y~~ ~ > ~ - =y--- ! ~ Title 8- General Development Re~ulations l'a~;c 25 <~f 38 Rcviscd 9/05 Ckd. 3005.18 "TO\~N OP I~L~R:1N.-1, ~~RI"LON.1 L~1ND DE~'EL,OPI~IFNT CODE C. Architectural Standards. 1. Color. Color schemes other than a dwelling's trim color shall not exceed a light reflectivity value of 50 ~ y h 2. Front Dwelling Facade. The front dwelling fa~ade shall ~ . include: ~ ~ a. Varied roof line, wherein elements of the dwelling display different heights, or where roof design changes more :'_.:=~`'Y than two planes or directions; or where adjacent houses display ; - _ different heights or different roof styles. ~ b. Windows recessed at least two ~~f ~~~~II~~~~r`", X~.:~,~.~~,.,~ inches from the building wall, or ~ .«~'''~f _ ~ ~ casement windows, or bay windows or other similar projection as a structural element. ~ 3. Front porches. At least 50% of all k~ ~ dwellings in a subdivision shall include } ~ front porches or courtyards fifty square ~ feet or larger that project five feet or more from the dwelling farade. 4. Front entry garages. . a. Where front entry garages are used, not more than 25% of those garages may be flush with or project in front of the livable space of the dwelling. Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting. b. Garages that are not flush with or do not project in front of the livable space of the dwelling shall be set back at least seven feet from the livable space of the dwelling. 5. Side entry garages. Garages entered from a ` side street crossing a side lot line of the lot or a side entry garage located perpendicular to the front ~...~u~~ fa~ade of the dwelling. The wall of the garage ~ facing a street shall include a window or other ar ~ architectural detaiL . " 6. Rear entry garages. Rear entry garages where access is taken from an alley or parking court may be used, in accordance with an approved alternative neighborhood design plan. 7. Corner lots. Where a house is located on a corner lot it shall display four- sided architecture except where a wall is on a lot line. D. Individual Lot Landscaping. 1. An individual lot shall contain a minimum of one tree planted in the front yard. 2. Where drainage permits, landscaping shall be required within adjoining side yards between two adjacent dwellings. 3. All trees and plants shall meet Arizona Nursery Association minimum guidelines for caliper and size and shall conform to the Town of Marana approved plant list. Title 8- General Development Regulations Pa~;c 3G ~~f 28 ltcvisc~3 9/05 ( )rcl. 200~.18 TO~~N OF 1,1~1R~N.~, ?~RIION.~ L.~~ND DEVELOPt~fEN'T CC~DE ~ 4. All screen walls enclosing individual side and rear lots shall be uniform throughout the subdivision and shall be designed to incorporate color, or ~ contrasting materials or design elements. No uncolored grey block shall be allowed. View fencing may be required in certain locations. 5. Air conditioners, pool equipment, or other mechanical equipment shall be fully screened from view by a screen wall. E. Lots adjoining major roads, collectors or arterials. ~~-~.~!~.i _ 1. All lots adjoining arterial or collector streets. ~ Any house located adjoining an arterial or , ~ collector street shall display four-sided architecture except where a wall is on a lot line. - 2. Multi-story dwellings. Multi-story dwellings - ~ y shall be prohibited on those lots along the edge _ of a subdivision where adjoining existing lots have one-story dwellings along that edge. This ~ provision shall not apply to subdivisions located :~Y='= adjoining each other within a master planned ~ sK _ community approved under a common rezoning. E. Building materials. Materials may include . stucco, brick, adobe, rock, flagstone, wood, metal, and other similar distinct materials. Where metal is used, including window shades, it shall be treated so that its light reflective value does not exceed 50%. F. Architectural variety. 1. For subdivisions with 30 lots or more, the residential design plan shall include at least four different base models with three different front elevations per model; the number of elevations per model may be reduced to two if the residential design plan provides five or more models. For subdivisions with fewer than 30 lots, the residential design plan shall include at least two different base ~ models with two elevations per model. 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3. The base color of a house may be repeated no more than one house in every three along a single side of a street. 8.06.10 Setback, Lot Coverage and, Building Height Modifications The planning director may approve the following modifications in conjunction with a basic residential design plan in order to achieve the purpose of this ordinance. A. Setbacks. Setbacks shall adhere to the requirements of Title 5, Zoning, except for the following: 1. Front setback. a. Front entry garages. Where front entry garages are recessed ten feet or more from the livable portion of the dwelling, front setbacks may be reduced to ten feet. ~ Title 8- General Development Regulations pagc 2? ~~f 28 ReviscJ 9/OS ( )rd. 3005.18 TO~`~N OF i~1~~R~Ni1, ~~RIZON:~ L.~ND DE~'ELOP~IENT CODE b. Side entry garages. Where a side entry garage is located perpendicular to the firont fa~ade of the dwelling, the front setback may be reduced to five feet. However, the driveway must provide a 20-foot space to accommodate a parked vehicle without blocking the sidewalk or a driveway less than eight feet, so that a vehicle must be parked in the garage to avoid blocking the sidewalk. The garage wall facing the street must have at least one window or other architectural detail. c. Front porches or courtyards. Front setbacks may be reduced to five feet. However, the driveway must provide a 20-foot space to accommodate a parked vehicle without blocking the sidewalk or a driveway less than eight feet, so that a vehicle must be parked in the garage to avoid blocking the sidewalk. 2. Side setback. Side setbacks may be reduced for zero lot-line or z-lot siting of dwelling units on individual lots, providing there shall be a three foot access easement on the adjacent property. 3. Rear setback. a. Front entry garages. Where front entry garages are recessed ten feet or more from the livable portion of the dwelling, the rear setback may be reduced to five feet. b. Rear entry garages. Where there are rear entry garages, the dwelling area rear setback may be reduced to five feet. Parked cars shall not block alley access. B. Lot coverage. Where a garage is recessed ten feet or more from the livable portion of the dwelling, or where there is a rear entry garages, lot coverage may - be increased to 55% of the lot. C. Height. Building height may be increased to 30 feet to meet the design objectives of a residential design plan. ~ Title 8- General Development Regulations I'agc 28 ~~f 28 Revisc~l 9/0~ ( )r~l. 2O05.18 _ _ . . . t. r. - , ~ . _ • ~F ~ _ . _ . . - _ . . . ~ ~ . . . i ~ ~ I ~ ~ ~i TOWN COUNCIL ow" o` MEETING TOWN OF MARANA q INFORMATION ~ '~R/ZON~' MEETING DATE: December 18, 2007 AGENDA ITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2007-229: Relating to Development; approving and authorizing the execution of a retail development tax incentive agreement regarding the Marana Spectrum development project. DISCUSSION The Marana Spectrum development agreement presented for the Council's consideration and possible approval at tonight's meeting was presented for discussion at the Council's Decem- ber 11, 2007 meeting. This development agreement is a retail tax incentive agreement under A.R.S. §9-500.11, so its consideration at tonight's meeting was preceded by the December 4 adoption of a notice of intent and by an independent third party review of the Town Council's finding that the agreement will raise more revenue than the amount of the incentive within the duration of the agreement. The third party review was completed by the Elliott D. Pollack Com- pany on December 3, 2007, and is included in these materials for your consideration. The agreement provides for the reimbursement to the developer of up to $30,000,000 in retail sales taxes generated from the Marana Spectrum Project for the developer's anticipated expendi- tures and finance carrying costs towards the construction of public infrastructure. The sales tax reimbursements will begin when initial minimum improvements consisting of at least 120,000 square feet of retail building space is completed, and will continue until the earlier of (i) reimbursement of $30,000,000, (ii) fifteen years after completion of the Twin Peaks Traffic In- terchange, or (iii) twenty years after the effective date of the development agreement. Of the retail sales tax generated from the Marana Spectrum project, 45% will be paid to the de- veloper during this period, and 55% will be paid into the Town's general fund. No portion of the construction sales tax generated by the project will be paid to the developer in connection with this agreement. RECOMMENDATION Staff recommends adoption of Resolution No. 2007-229, approving and authorizing the Mayor to execute the Marana Spectrum development agreement. {00007215.DOC/) FJGcds 12/6/07 FINANCIAL IMPACT Up to $30,000,000. If the full $30,000,000 is paid, the Town's 55% share of sales tax from the project during the payback will be $36,666,667. The Town may not receive any sales tax from the property if the development agreement is disapproved, and the developer chooses not to pro- ceed with the development. ATTACHMENT(S) Development Agreement with Exhibits; Elliott D. Pollack report SUGGESTED MOTION I move to adopt Resolution No. 2007-229. -2- MARANA SPECTRUM DEVELOPMENT AGREEMENT TOWN OF MLARANA, ARIZONA This Development Agreement (this "Agreement") is entered into by and between the Tow1v OF MARANA, an Arizona municipal corporation (the "Town"~ aild KIMCO BARCLAY MARANA, L.P., a Delaware limited partnership (the "Owner/Developer"). The Town and the Owner/Developer are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a"Party." RECITALS A. Owner/Developer was formed and exists for the purposes of owning and developing approximately 170 acres of real property located within the corporate limits of the Town (the "Property"). B. Owner/Developer intends and desires to develop a regional lifestyle/entertainment/power retail shopping center on the Property containing approximately 1,200,000 square feet (the "Development"). C. The Property and the proposed Development were included in and subject to the provisions of the Marana Spectrum Specific Plan (the "Marana Spectrum Plan"), approved by the Town on August 7, 2007 pursuant to Ordinance No. 2007.19. ~ D. The Property is legally described in Exhibit A attached to this Agreement. E. The Town and Owner/Developer desire to establish certain agreements regarding the Development pursuant to A.R.S. § 9-500.05 and certain agreements in connection with development activities for the economic benefit of the Town pursuant to A.R.S. § 9-500.11 upon and in accordance with the terms and conditions set forth in this Agreement. F. The Development is consistent with the Town's long-term economic development strategies and is expected to create a source of significant tax revenue for the Town for many years. G. The Development will have a substantial positive economic impact on the Town because it is expected to provide diverse commercial and retail service opportunities consistent with the businesses targeted by the Town. The facilities to be constructed as part of the Development are expected to produce a significant number of new jobs and generate substantial sales tax revenues. Consequently, the short-term and long-term benefits of the Development will offset and significantly outweigh the costs of the reimbursements provided by the Town under this Agreement. H. The Development will provide significant intangible benefits to the Town as a retail lifestyle/entertainmendpower center and may also include mixed use, hotel, office and residential components. (0ooo6on.DOC ~ 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -1- I. The Development is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9-461). J. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agreement with a landowner or other person or entity having an interest in real property located within the Town to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure and the financing of public infrastructure. Because of its location and typography, the Development will entail significant atypical additional offsite and site costs requiring reimbursement for feasible development. K. In approving this Agreement, the Town Council has found and determined that certain activities relating to the Development are economic development activities within the meaning of A.R.S. § 9-500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic development activities and that it is appropriate to provide Owner/Developer with the reimbursement in this Agreement as an inducement to cause Owner/Developer to construct, own and operate the Development in the Town. L. The Town adopted a notice of intent to enter into this Agreement not less than 14 days before the Town Council approved this Agreement, in compliance with A.R.S. § 9-500.1 l. M. The Town Council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. N. An independent third party not financed by the Owner/Developer has verified the Town Council's finding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner/Developer within the duration of this Agreement. O. The Town Council finds that in the absence of the reimbursements to the Owner/Developer provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it will with the reimbursements to the Owner/Developer. P. The Owner/Developer will incur out-of-pocket public infrastructure construction costs and will make certain contributions for public infrastructure and environmental mitigation in the immediate vicinity of and directly benefiting the Development. Q. The reimbursements to the Owner/Developer provided pursuant to this Agreement are intended to reimburse the Owner/Developer for its out-of-pocket public infrastructure construction costs and public infrastructure and environmental mitigation contributions and related interest and carrying costs, as described more specifically in this Agreement. AGREEMENT Now, TxExEFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: Article 1. Background 1.1. Incorporation of the Recitals. The foregoing Recitals are incorporated here by this reference. {0ooo6on.DOC ~ z} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -2.- .~...~...W~~~.m.~.~...m,~:.~.......~. . ..u _n. 1.2. Proposed Uses. The Development is a retail center planned to accommodate a range of differing but complementary retail-related land uses on an integrated and master-planned basis. Typical uses envisioned in the center include destination and major anchor retailers not otherwise found or clustered in the Town, lifestyle and other retail shops, r.estaurants, entertainment facilities, national electronic and other hard goods retailing, financial institutions and other service businesses, landscaping, and distinctive common areas. The Development may also include mixed use, hotel, office and residential components. Overall, the Development, which will have a unique regional draw, will create substantial additional sales tax revenues for the Town, will assist in the creation or retention of jobs and will otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Development. This master site plan will be updated in accordance with paragaph 2.3.2 below. 1.3. Definitions. The following definitions shall apply to this Agreement: 1.3.1. "Anchor Tenant" means a retailer occupying more than 80,000 square feet of building area. 1.3.2. "Anchor Tenant Parcel" means any parcel in the Development owned, leased or operated by an Anchor Tenant. 1.3.3. "Construction Sales Tax Revenues" mean those portions of the Town's transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 of the Marana Tax Code from construction contracting or speculative builder activities occurring on the Property. 1.3.4. "Developer Parcel" means any portion of the Property other than the Anchor Tenant Parcels. 1.3.5. The "Development" is defined in recital B above and described in Exhibit B and in paragraph 1.2 above. 1.3.6. "Development Regulations" is defined in paragraph 2.1 below. 1.3.7. "Initial Development Plan" is defined in paragraph 2.3.1 below. 1.3.8. "Initial Minimum Improvements" is defined in paragraph 2.3.1 below. 1.3.9. "Interchange" means the currently planned freeway bridge and related ramps commonly referred to as the "Twin Peaks TI," consisting of the approaches and interchange system at approximately milepost 245 of Interstate 10, connecting Interstate 10 to Camino de Manana adjacent to the Property. 1.3.10. The "Marana Spectrum Plan" is the Marana Spectrum Specific Plan, approved by the Town on August 7, 2007 pursuant to Ordinance No. 2007.19 (see recital C above). 1.3.11. "Interest" or "Interest Rate" means interest on the applicable obligation or sum at the rate of 6.5% per annum. 1.3.12. "Maximum Reimbursement Amount" means Thirty Million Dollars ($30,000,000). {00006071.DOC / 2~ 11/7/2007 5:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -3- 1.3.13. The "Property" is defined in recital A above and described in Exhibit A attached to this Agreement. 1.3.14. "Public Improvements" means the improvements described on Exhibit C attached to this Agreement (see paragraph 3.1 below). 1.3.15. "Public Improvement Costs" means all costs, expenses, fees and charges actually incurred and paid by or on behalf of Owner/Developer to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties far materials, labor, planning, design, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and performance bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, construction, installation, or provision of the Public Improvements, together with all costs associated with the acquisition of lands, rights- of-way and easements either to be dedicated to the Town or upon which Public Improvements are to be constructed, with Interest as provided in this Agreement. 1.3.16. "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 6.2 below) 1.3.17. "Reimbursement Payments" is defined in paragraph 6.4 below. 1.3.18. "Sales Tax Revenues" means that portion of the Town's transaction privilege taxes (currently 2%) generated from the following activities occurring on the Property: 1.3.18.1. Amusements, exhibitions and similar activities pursuant to Section 8-410 of the Marana Tax Code. 1.3.18.2. Hotels pursuant to Section 8-444 of the Marana Tax Code. 1.3.18.3. Rentals pursuant to Section 8-445 of the Marana Tax Code. 1.3.18.4. Restaurants and bars pursuant to Section 8-455 of the Marana T~ Code. 1.3.18.5. Retail sales pursuant to Section 8-460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include corresponding sections of successor codes. Article 2. Development of the Property. 2.1. Development Re~ulations. The development of the Property shall be governed by the underlying zoning or land use designation and the standards provided for in the Marana Spectrum Plan, including the Owner/Developer's design and development standards and guidelines, as clarified and supplemented by this Agreement. The Marana Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of the Marana Spectrum Plan shall apply to the extent not covered by the Marana Spectrum Plan or this Agreement. In the event of any express conflict, the terms of this Agreement and the Marana Spectrum Plan shall control over the Marana Development Code. For purposes of this Agreement, the underlying zoning or land use designation shall mean full development, exclusive of voluntary limitations or restrictions, under the controlling underlying zoning or land use designation included in the Marana {0ooo6on.DOC / 2} 11/7/2007 5:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -4- _ Spectrum Plan, and if not so covered, under the Marana Development Code. All signage and lighting standards shall be governed exclusively by the Marana Spectrum Plan for a period of five years from the Effective Date of this Agreement. Anything else in this Agreement to the contrary notwithstanding, the Town shall not apply any ordinances enacted after the Effective Date of this Agreement which impose special limitations or restrictions on the development of single user retail facilities in excess of a certain size limitation (such as 100,000 square feet or more of retail space) for retail facilities on the Property. The immediately preceding sentence shall terminate on the tenth anniversary of the Effective Date of this Agreement. The requirements of this paragaph are collectively referred to as the "Development Regulations." 2.2. Development Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Owner/Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agees to issue such permits or approvals for the Development as may be requested by the Owner/Developer. 2.3. Initial Develonment Plan. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 6 of this Agreement, and not as a separate obligation, within 36 months of the date the Interchange is completed by the Arizona Deparhnent of Transportation and first open for vehicular traffic and use by the general public, the Owner/Developer shall prepare and submit to the Town the following: 2.3.1. A development plan (the "Initial Development Plan") for the initial construction of the Development, consisting of at least 120,000 square feet of retail building space and related parking, supporting infrastructure and amenities (the "Initial Minimum Improvements"). 2.3.2. An updated revised conceptual master site plan for the entire Development. 2.4. Minimum Construction Obli ation. As a condition precedent to the Owner/Developer's right to receive and the Town's obligation to make Reimbursement Payments under Article 6 of this Ageement, and not as a separate contractual obligation, the Owner/Developer shall obtain building permits for and begin construction of the Initial Minimum Improvements in a manner consistent with the Initial Development Plan within twelve months after the later of (i) the Town's approval of the Initial Development Plan or (ii) the Interchange is completed by the Arizona Department of Transportation and first open for vehicular traffic and use by the general public. 2.5. Cooperation. The Parties shall cooperate and share information and plans for the construction of the Interchange and the construction of the Development, to assure coordination between the Interchange construction and the development of the Development. This coordination and information sharing shall include, without limitation, the Interchange height, scope, ramps and curb cuts. 2.6. Abandonment Proceedin s. The Town agrees to timely begin and diligently pursue abandonment proceedings pursuant to A.R.S. § 28-7201 et seq. to abandon the existing Linda Vista Road right-of-way to the extent it is located within the Development to the new alignment {0ooo6on.DOC / z} 11/~~ZOO~ s:o9 PM MARANA SPECTRUM DEVEIAPMENT AGREEMENT -5- shown on the development plans for the Development. Owner/Developer acknowledges the Town's obligation to proceed as required by law, including the need to address any rights of property owners and utility companies that rely on the right-of-way sought to be abandoned, and the Parties will cooperate in good faith to address those rights justly and appropriately while working toward the goal of full abandonment through the Property. 2.7. Anchor Tenant's Abilitv to Develop Anchor Tenant Parcel. Any Anchor Tenant may develop its Anchor Tenant Parcel independently of the development of the Developer Parcel and any other Anchor Tenant Parcel. So long as it complies with applicable Town requirements any Anchor Tenant shall be entitled to receive a building permit and certificate of occupancy for the improvements to be constructed on its Anchor Tenant Parcel, whether or not Owner/Developer shall have developed the Developer Parcel in accordance with this Agreement; provided, . however, that an Anchor Tenant's right to a certificate of occupancy shall be expressly conditioned upon such Anchor Tenant's submission to and approval by the Town of a development plan consistent with the Development Regulations and completion of: (i) the building to be located on the Anchor Tenant Parcel; (ii) all other necessary improvements to the Anchor Tenant Parcel; (iii) all drives, utilities and entrances serving the improvements on Anchor Tenant Parcel; (iv) applicable amounts of perimeter sidewalks for the Development that serve the Anchor Tenant Parcel; (v) applicable amounts of appurtenant landscaping for entrances and drives located on the Developer Parcel but serving Anchor Tenant Parcel; and (vi) offsite improvements serving the Anchor Tenant Parcel set forth on the approved development plan for the Anchor Tenant Parcel and provided further that the Town's standard bonding obligations shall be enforced with respect to Anchor Tenant's completion of (i) through (vi) above. Further in the event Owner/Developer is not performing under this Agreement with reference to any obligations or improvements referenced in subparts (ii) through (vi) above, Anchor Tenant shall have the right to cure such non-performance for a period of six months from the date of the Town's written non-performance notice to Owner/Developer in accordance with paragraph 7.2 below. Article 3. Owner/Developer's Contributions for Public Improvements 3.1. Public Imnrovements Construction and Reimbursement. As a condition precedent to receiving Reimbursement Payrnents under Article 6 of this Agreement, and not as a separate contractual obligation, the Owner/Developer shall, in conjunction with its construction of the Development and in accordance with the Stat~ of Arizona and the Town public infrastructure construction procurement laws and procedures: 3.1.1. Design and construct the Public Improvements described in Exhibit C attached to this Agreement which are identified as being constructed by the Owner/Developer; and 3.1.2. Reimburse the Town, within sixty days of completion and written demand by the Town, all costs of the Public Improvements described in Exhibit C attached to this Agreement which are identified as being constructed by the Town; and 3.1.3. Pay all Public Improvement Costs as they become due. 3.2. Town Review and A~proval of Plans. Except as expressly provided in this Agreement, the development and construction of the Public Improvements is subject to the Town's normal plan submittal, review and approval procedures and construction inspection requirements. {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVEIAPMENT AGREEMENT -6- ~ _ _ .W...~.~ 3.3. Town Construction. The Town shall timely construct all Public Improvements identified as being constructed by the Town as set forth in Exhibit C to this Agreement. Article 4. Owner/Developer's Environmental Mitigation Contribution As a condition precedent to receiving Reimbursement Payments under Article 6 of this Agreement, and not as a separate contractual obligation, the Owner/Developer shall make a cash contribution of $456,000 to the Town to be used for acquisition of environmentally sensitive lands for the preservation of species native to the general area of the Development. Article 5. Owner/Developer's Payment of Development Impact Fees 5.1. Water Impact Fees. The only Town development impact fees adopted by the Town pursuant to A.R.S. § 9-463.05 and currently applicable to the Development are the Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25. 5.2. Other Impact Fees. Except as specifically provided in the first sentence of paragraph 5.1 above, no surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, flood control, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Owner/Developer or to any owner, lessee or occupant of the Development until the ninth anniversary of the Effective Date of this Agreement. Article 6. Town Reimbursement to Owner/Developer 6.1. Maximum Reimbursement Amount. The Maximum Reimbursement Amount shall be Thirty Million Dollars ($30,000,000), which is the Parties' good faith current estimate of the sum of the following: 6.1.1. The Owner/Developer's Public Improvement Costs and reimbursements to the Town for Public Improvements (see Article 3 and paragraph 1.3.15 above). 6.1.2. The Owner/Developer's cash contribution to the Town for acquisition of environmentally sensitive lands (see Article 4 above). 6.1.3. The total amount of all development impact fees actually charged to the Development and paid by the Owner/Developer or any other owner, tenant or occupant of the Development (see Article 5 above). 6.1.4. Interest on the foregoing amounts at the Interest Rate. 6.2. Reimbursement Account. The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 1.3.18 above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Property and ending upon the earlier of the following: 6.2.1. The expiration of this Agreement. 6.2.2. When the total cumulative amount deposited in the Reimbursement Account equals the Maximum Reimbursement Amount. Such amounts shall be reimbursed to the Owner/Developer pursuant to paragraph 6.4 below. {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -7- ,N~_~,~,.-- ~ .._r._ 6.3. No Reimbursement Out of Construction Sales Tax Revenues. No portion of any reimbursement under this Article shall consist of Construction Sales Tax Revenues (see paragraph 1.3.3 above). 6.4. Reimbursement Pavments. The Town shall pay to the Owner/Developer within the first 45 days of each calendar quarter all funds in the Reimbursement Account ("Reimbursement Payments"), beginning the first calendar quarter after the later of (i) Town's issuance of the certificate of occupancy for the last building constructed as the Initial Minimum Improvements as shown on the Initial Development Plan (see paragraph 2.3.1 above) or (ii) the Owner/Developer's satisfaction of all conditions precedent to receiving Reimbursement Payments as set forth in this Agreement. Any funds accrued in the Reimbursement Account but not yet disbursed to the Owner/Developer upon the expiration of this Agreement shall be paid to Owner/Developer within thirty days after the expiration of this Agreement. 6.5. Owner/Developer Audit. Not more than once each calendar year, the Owner/Developer may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. 6.6. Annual Report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner/Developer a report of all Sales Tax Revenues generated by or attributable to the Development which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. 6.7. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of Owner/Developer under this Agreement, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. Article 7. Cooperation and Alternative Dispute Resolution. 7.1. A~pointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Owner/Developer each shall designate and appoint a representative to act as a liaison between the Town and its various deparhnents and the Owner/Developer. The initial representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Owner/Developer shall be Trey Eakin or a replacement to be selected by the Owner/Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 7.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party") shall be entitled to give written notice in the manner prescribed in paragraph 8.29 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -g- required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner/Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. 7.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Owner/Developer and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Owner/Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner/Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 7.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 8. General Terms and Conditions. 8.1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the '~own Council approving this Agreement (the "Effective Date"). The term of this Ageement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on December 31 immediately following the earlier of (i) the twentieth anniversary of the Effective Date and (ii) the fifteenth anniversary of the date the Interchange is completed by the Arizona Department of Transportation and first open for vehicular traffic and use by the general public. The Town at its option may record a document in the office of the Pima County Recorder which states the date the Interchange was completed by the Arizona Department of Transportation and first open for vehicular traffic and use by the general public. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. {0ooo6on.DOC ~ 2} 11/7/2007 5:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -9- _ ~_.~..~.n.~..~.~~..~..~.W,.~....~,Tw _ 8.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Owner/Developer of the non-performance of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 7.4 above, requiring disputes to be resolved by binding arbitration. 8.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5. Headin~s. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 8.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. 8.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the Development. 8.9. Time Essence. Time is of the essence of each and every obligation by the Town and Owner/Developer under this Agreement. 8.10. Successors and Assi~ns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D). Owner/Developer shall retain the right to receive Reimbursement Payments as provided by paragraph 6.4 of this Agreement regardless of the status of title or ownership of any or all of the Property unless Owner/Developer expressly assigns its rights to receive the Reimbursement Payments. No assignment, however, shall relieve either party of its obligations under this Agreement, except that an assignment by Owner/Developer in connection with the transfer of ~ title to the Property shall relieve Owner/Developer of its obligations under this Agreement if the transferee agrees to be fully bound by the provisions of this Agreement. Any assignment by Owner/Developer shall be subject to the approval of the Town, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Owner/Developer may, without the Town's consent, assign this Agreement to any Affiliate of Owner/Developer, or any entity in which Owner/Developer or an Affiliate of Owner/Developer is a managing member or managing partner or any entity in which BARCLAY GROUP and KIMCO DEVELOPERS, INC. are owners. As {00oo6o~i.DOC / 2} 11/7/2007 5:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -10- used in this paragraph, the term "Affiliate" means any entity under common control with Owner/Developer. After assignment of rights as provided in this paragraph, the assignee shall receive the right to sales tax reimbursements under Article 6 of this Agreement to the extent of the assignment. 8.11. No Title Encumbrance. Notwithstanding the fact that this Agreement is being recorded in the Official Records of Pima County, it is intended that this Agreement shall not be an encumbrance upon the title of any person or entity purchasing or owning a portion of the Property, and that the terms and conditions of the Agreement are not covenants running with the land and that no person or entity is bound by (or entitled to) the burdens and benefits of this Agreement unless the burdens are expressly assumed by or the benefits are expressly assigned to that person or entity. 8.12. Lender Provisions. Notwithstanding paragraph 8.10 above, the Town is aware that financing for development, construction, and operation of the Development may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this Agreement as part of its collateral for its loan to Owner/Developer. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Owner/Developer, the Town shall provide notice of non-performance to any Lender previously identified in writing to the Town at the same time notice is provided to Owner/Developer. If a Lender is permitted under the terms of its agreement with Owner/Developer to cure the non-performance and/or to assume Owner/Developer's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Owner/Developer under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Owner/Developer or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Owner/Developer exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non-performance) and certifying to such other matters reasonably requested by Owner/Developer or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this ' paragraph. 8.13. No Partnershin. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Owner/Developer and the Town. 8.14. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement, except that each present and future Anchor Tenant is hereby made a limited third party beneficiary with respect to paragraphs 2.7 and 8.11 of this Agreement. Any Anchor Tenant is not made a third party beneficiary of any other term, provision or covenant contained in this Agreement. No Anchor Tenant shall have the right to enforce any provision of this Ageement except paragaphs 2.7 and 8.11. Except as provided in {0ooo6on.DOC / 2? 11/7/2007 5:09 PM MARANA SPECTRUM DEVEIAPMENT AGREEMENT -11- paragraphs 2.7 and 8.11 of this Agreement, this Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. 8.15. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.16. Imposition of Dutv b~ Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 8.17. Entire AQreement. This Agreement, including the attached exhibits, constitutes the entire agreement between the Parties pertaining to the subject matter of this Ageement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.18. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the final plats or development plans governing the Property and Marana Spectrum Plan as amended and superseded by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.19. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Owner/Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Owner/Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.20. Good Standing; Authority. The Owner/Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Delaware and is authorized to do business in the state of Arizona. The Town represents and warrants to the Owner/Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 8.21. Severabilitv. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. Without limiting the generality of the foregoing, if all or any portion of the payments required by the terms of this Agreement are determined, by a court of competent {00006o~1.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -12- ~ew.i..~,.r.,.~..... -n.....»~w:.,W..:. 4 . . _ ..~mW.w..w..«.ww~mw..e~ .m.,........,.~ _ . jurisdiction in a final non-appealable judgment, to be contrary to public policy or otherwise precluded, the parties shall utilize their reasonable, best efforts to promptly restructure and/or amend this Agreement, or to enter into a new agreement to afford the Owner/Developer the economic benefits of this Agreement in light of the benefits to the Town. 8.22. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 7.4 above, requiring disputes to be resolved by binding arbitration. 8.23.Interpretation. This Agreement has been negotiated by the Town and the Owner/Developer, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. 8.24. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Owner/Developer. 8.25. No Owner/Develo ep r Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Owner/Developer to commence or complete any part or all of the development of the Property. 8.26. A~proval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.27. Force Majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute an event of non-performance under this Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is, in the judgment of such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.28. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 8.29. Notices and Filin~s. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally, sent via overnight national courier, {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -13- or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager Town of Marana Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 To Owner/Developer: KIMCO BARCLAY MARANA, L.P. C/O BARCLAY GROUP VENTURE CAPITAL, L.L.C. 7702 E. Doubletree Ranch Road, Suite 220 Scottsdale, Arizona 85258 with a copy to: KIMCO DEVELOPERS INC. Att'n: Dan Slattery, Executive Vice President 1111 Burlington Avenue, Suite 113 Lisle, IL 60532 and: KIMCO REALTY CORPORATION Att'n: Ruth Mitteldorf 3333 New Hyde Park Road New Hyde Park, New York 11042-0020 [Remainder of page intentionally left blank.] {00006071.DOC / 2} ii/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -14- _ _ ,..Ma._a.~.~_~.~„~.w__.W...._. .._.__.~N.~:~,...~ IN w~~vESS wxEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. T~~~ OWNER/DEVELOPER: THE TOWN OF MARANA, KIMCO BARCLAY MARANA, L.P., an Arizona municipal corporation a Delaware limited partnership By: KD MA~,NA 1553, INC., a Delaware corporation, its general BY~ partner Ed Honea, Mayor Date: By: Name: ATTEST: Title: Date: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA~ SS County of Pima ) The foregoing instrument was acknowledged before me on by the of KD MA~tva 1553, I1vc., a Delaware corporation, general partner of KIMCO BARCLAY MARANA, L.P., a Delaware limited partnership. My commission expires: Notary Public {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT -15- LIST OF EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Development C. Description of the Public Improvements {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT EXHIBIT A -16- _ _ ..u.~.__.__.~. ~~_rr~..~.~....:~~..,.... Exx~IT A Legal description of the Property {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT EXHIBIT A ~.W_ ~ .~........~,...~.~.k, ~ n . . _ _ . _ ~~~...a.~. EXHIBIT B ~ Conceptual description of the master site plan for the Development {00006071.DOC / 2} il/7/20075:09PM MARANA SPECTRUM DEVELOPMENT AGREEMENT EXHIBIT B _,~.~.~.~.~:,,_.~,_..~.~.~...r _ . Exx~iT C Description of the Public Improvements {00006071.DOC / 2} 11/7/20075:09 PM MARANA SPECTRUM DEVELOPMENT AGREEMENT EXHIBIT C , .r~m.~.._.~.... ,.n.~..:...~..~.~ . _ . .w.~..~,..~.~m ...,~.w~.~.~~,_.~_. . _ ~ EXH I BIT A ~ ~ ~ i Legal Description ; ; A parcel of land located within a porEion of the Northwest quarter of Section 22, Township 12 South, Range 12 East, of the Gila and Sait River Base and Meridian, Pima ; County, Arizona, more particularly described as follows: ~ ! Commencing at the North quarter comer of Section 22; ; Thence S 00°25'06" E 51.89 feet, along the East line of the northwesi quarter of said Section 22, to a point; Thence leaving said East line, S 89°34'54" W 30.00 feet, to a point on the West right-of- ~ way lins af Camino De Manana, as recarded in Road Maps Book 2, Pages 1-4, Pima i County Records, said point also marking the Point of Beginning; i 1 Thence S 00°25'06" E 1,224.75 feet, afong 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 34°51'57" W 871.54 feet, along said northerly boundary line, to the beginning ~ of a 7829.44 foot radius n~n-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 42°96'10" E 593.87 feet, to the beginning af a 7729.44 foot radius ~ non-tangent curve to the left, having a radial bearing of N 40°11'S8" W; j ! Thence along said curve, 55.91 feet, through a central angle of 00°24'S2", to the Point of Beginnfng. ! Together wlth a parcel of land lacated within a portion of the Northeast quarter o# ~ 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 Meridlan, Pima County, Arizona, more particuEarly described as fallflws: i ~ Commencing at the North quarter comer of Section 22; ~ I Thence N 89°45'16" 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 Manana, as recorded in f Road Maps Book 2, Pages 1-4, Plma County Records, and the beginning of a 379.26 foot radius non-tangent cutve the right, having a radial bearing of S86°04'08"E, said point also marking the Point of Beginning; E Thence leaving said North line, along said curve and said East right-of-way line, 30.19 ! feet, through a central angle of 04°33'44", to a point; ! i ' i. - _ .~.,.M.~~..~.~..~.. . _~,~..r i ~ , i I Thence leaving said East right-of-way line, N 89°45'16" E 30.5~4 feet, to the beginning of ~ a 7729.44 foot radius non-tangent curve to the left, having a radial bearing of ~ N 4'[ °32'37" W; _ . ; Thence along the curve, 128.00 feet, through a central angle of 00°56'56", to the beginning of a 7549.44 foot radius reverse curve the righf; Thence along said reverse curve, 528.73 feet, through a central angle of 04°00'46", to a p~int; ~ ~ Thence N 51°31'i3" E 610.78 feet, to the beginning of a 40.00 foot radius curve to the ~ right; Thence along said curve, 62.95 feet, ihrough a central angle of 90°10'00", to a point; ! i Thence S 38°18'47" E 412.88 feet, fo the beginning of a 9507,39 foot radius curve to the i left; i Thence along said curve, 1366.29 feet, through a central angle of 51 °55'57", to a poin#; i , : Thence N 89°45'16" E 87.91 feet, ta a point of the East line of the northeast quarter of ~ said Section 22; ~ . ~ Thence S 00°19'S8" E 2,558.47 feet, along said East line, to the East quarte~ comer 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 Counfy 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 northe~ly boundary line, 160323 feet, through a central angle of 08°08'S6", to a point on said East right-of-way line of Camino De Manana; ; ~ Thence leaving said northerly boundary line, N 00°25'06" W 1,334.45 feet, along said ~ East right-of-way fine, to the beginning of a 379.26 foot radius non-tangent curve to the right, having a radial bearing of N 89°23'42" E; i i Thence along said curve and continuing along said ~ast right-of-way line, 30.02 feet, through a central angle of 04°32'10", to the Point of Beginning. i i The total area of the two parcels contains: t 7,395,255 s re feet or t167.9352 acres, more or less. ~O ~ND See attached exhibit "A°. ~ ~ ~ ~F"~a Ry~~'.9G I a or 3TOC~,`, 0 i ~ rs ~ ~ I , 9~, 'n~~~ I 20 ; ? I I i I f . _ ..._,W..r.....„..._,...>.~.:..,.».,..,,,~n..:.,e....,.,.,...w,....,.«~.. . . . . . . . i i __________DETAIL "A"__ ! t i 1 ~ I ~ 1 c,°` I ; ~ ~ ~ ~ ~ i I ~ ~ ~ BL4 I ~ POlNT OF COMMENCEMENT Z ~ POINT OF BEGINNING j ~ ~ NORTH 1/4 COR. SEC. 22 ~ PARCEL #2 ~ ~ r i~ ~ N89'45'16°E 2629.14' ~ ~ Sa0 25 06 ~ 51.89' m ~ i ~ ~ POINT Of' BEGINNING ~ I f~ ~A~ 5~,~ I PARCEL #1 ° I ~ Fy ~ r~i ~ ~ ~ ~ w~' 36326 a I G N ~ ~ RICHARD A. ~ ; ~ ~ o° PARCEL ~2 ~ STOCKMAN ; I ° o t7,014,993 S.F. ~ ~y~.~ ~aL ~ t 161.0421 ACRES I '2 I m ~ I -,°n ~ ~ N ~ 0~'~ ~ 0 60' CAMINO j ~ PARCEL ~1 ° ~ DE MANANA I 4VERALL SITE AREA: ' t300,262 S.f. ~ t7,315,255 S.F. ~ ±6.8937 ACRES ~ t167.9352 ACRES I i ~ ; ; t- - - - - - - - - - - - - - - - - - - - - - - - - - J BOUNDARY LfNE TABLE BOUNDARY CURVE TABLE ( LINE BEARING QISTANCE CURVE LENGTH RADIUS DELTA RAD.6RG. Bl1 S00'25'06"E 1224.75' gC1 58.18' 7829.44' 0'25'33" N35'27'41 "W ; BL.2 N34'S1'S7"W 871.54' BC2 55.91' 7729.44' 0'24'S2" N40'11'58"W I BL3 N42'16'i0"E 593.87' BC3 30.19' 379.26' 4'33'44" S86'04'08"E BL4 N89'4S'16"E 30.54' BC4 12g,00' 7729.44' 0'S6'S6" N41'32'37"W BLS N51'31'13"E 610.78' BC5 528.73' 7549.44' 4'00'46" ~ Blfi S38'18'47"E 412.88' gC~ 62.95' 40.00' 90'10'00" B~~ N89'45'16"E 87.91' BC7 1366.29' 1507.39' S1'S5'S7" BL8 S00'19'S8"E 2558.47' BC8 1603.23' 11272.37' 8'08'56" N48'03'25"E BL9 S89'45'49"W 1621.14' BC9 30.02' 379.26' 4'32'10" N89'23'42"E BL10 N00'25'a6"W 1334.45' , ; Q~_~~as PROJECT NO. 6852BGP ; ¦ • I O N / N O. EXHIBIT °Ap DATE: osria~2oo~ ' ~ av??Kaa~.nr....orosoo.w~aa~s. c BY: BK2 T~l f02W7J070 ~ fluclOt~77J0Y~ ~ QI 1+1~ 1? CI1fl~ZO1M1 SCALG. T= ~W . . ~ SHEET NO. 1 OF 2 I .~..._..~,.._:~,a...~,w..~.M_.~~....... .~.~.~~.~..~._:.u~~_. . i ~ . ~ ~ L AIYp ~ SITE AREA PARCEL SITE AREA PARCEL ~~~~~F ~ ~A rFSG.~ f t300,262 S.F. t7,014,993 S.F. w 36326 °L~o ~ ~ f6.8931 ACRES t161.0421 ACRES ~ RICHARD A. ~ STOCKMAN,` ~at; SW 1/4. SEC. 15, SE 1/4. SEC. 15, 9'~,Z ° P~ ' T12S, R12E T12S, R12E BC6 CAMINO DE MANANA c.i CAMINO DE MANANA ~ AOIN'C OF' COI~ME~ICEIuIENT ~ ~ w ; NORTH 1/4 COR. SEC. 22, N T12S, R12E ~ o ~ ~ U uj h P.0.6. PARCEL #1 ~G BC) z SEE DETAIL "A" ~ , ~~N89'45'16"E 2629.14 ~ PARCEL ~1 P.0.6. PARCEL ~2 1 r ~ BC1 ~,'S , SEE DETAIL "A" BL7 ~ ~ ~ Q SEE DETAIL "A" M GZ`~O ' m N G~~ ~ 60' CAMINO OE MANANA F GZD Fy ~ y ~~q I ! PARGEL ~2 m ~ A ' ~C -y w ~ ~T I ~ ~ O ~C~ ~ ~ N z ~ o ~ ~~Qp~ ~ ~ ~ V~ OA- N ~ N i N-S MID--SECTIQN LINE ~ i - N00'25'06"W 2s33.a6' ~.9 v ~N ~ O ~N ! ; a w CENTER OF SEC. 22, 1004.06' BL9 W N T12S, R32E - S89'45 49"W 2625.20' - ' ~ ~ 4VERALL SITE AREA: ' i ±7,3]5,255 S.F. ' t167.9352 ACRES i ; Q R PROJECT NO. 6852BQP ~ ° • . ~ ° N ~ „ ~ . EX H 161T "A10 DATE: Q8/14/20d7 awr K aan~ o..e oa .~so.~er~ ~z.rs~ 6Y: BK2 Tr wr~„mo o«.ae~r.eoo. MARANA SPECTRUM SCALE: 1" = 600' ~ PIMA COUNTY, ARI20NA ~ • ~ . . ~ SHEET N~. 2 OF 2 , w .,~_..,.~__y.~~.~ _ Exhibit C Scope of Work Marana Spectrum Drainage 1300 cfs Drainage Channel }'..ecavation 200,OOU yuds G.ibion/tihar Crere Lining . 3300 Fr Landaniping 152 ac 1~rAnsition nt Rnihvay 1.0 each Drop Snucwres/Gnide Control 2 each 800 cfs Drainage Channel Es<nvation 20000 yards Conccete Stcucrural Lining 650 fr 1,100 cfs Wash Enclosure 11D0 efs ~vash endosure (con-arch or CSP equivalenr ro twin ix7 boz) I SSU B t t00 cEs open ch:mnel d/s of T~vin Peaks 600 k Otiliry Relocxnons d/s of Tivin Venks 1 each 1,100 cfs Wash Culvert 1100 cEs caleen (~il T~vin Peaks 1 each Road Building Constructed by Developer Bus Pullout 3U0 k Traftic Signals at Lee Dmemay t each Trnftic Signals at T~vin Peaks mid-bbck 1 each Deceleration L;uies 1225 R Constructed by Town of Marana htedian Break at Lee 1 each Reconstruct Camino De ~[a~iana l I i0 R Dtedian Break at unsignalized full moves access to Bxrday t each Bndge Q-LIU/Tu~in Peal:s Road TI Underpass 1 each I.inda V"isr~-2 Fa-tca Lanes and Double Lefr Hand Turn at Twin Peaks 2250 ft Twin Peaks Nn Lanes 1 each Water Supply/Fue Protection Fire 5torage Tank(83Q000 gallon) 840000 gnl Land tor Sto ~e T;uik 0.5 ac Ne~c 12" parallel ~vell Eeed from site to existing To~r~n storage "Cank ~000 k Neu- IG" 7-Zone Wxrer Main 73G5 & ~ ~Iew Well Need on Camino De h[arnna and I,inda Vishn (24" ducnle Iron) 2790 & New Hydrants on Linda Visti and T~vin Peaks 12 each PR~' at'L-Zone Booster $h.~tion - Harlmnn \'ista Rese~voir Site 1 ench Public Sewer Improvements Reconstruct public l0" to 12" Oasis Hills Outfall 2H00 & Nax' puUlic A" sub-teunk to SE properR• corner per Pima Counn~ 1 IOU ft Nen' public 15" se~ver to south west property limits " 2600 R ~1ew steel sleeve at Twin Peal:s Crossing f~ New 15" public sewer crossing T~vin Peak to esisting manhole gpp h OfFsite Rep,ional Tmnk Se~ver Improvements 1 e~nch Mitigation ~lOd Mitigation Cash in Lieu oFmicigxtion 1~ D Z (p ~ 2 -1 1 ~ ~ m . ~ ~ ~ '~7n`d' ~ 'azrn ; L\ 1~JJ ~ ~ ~ \ y ~a ~ ~ o ~ i' m ~ ~ . ~ ~ \ ~ y z O i~/ e CAMINODEMANANA ° O ~ ~ r ~ ~ ~ -e v~~~ ~ ~ ~ ~ . % e~n K / / O i~ ~ ~ ~ ~ O % r O W ~ ~ ~ ~ O C z % ~ ~ ~~,';,r ~ ~ ~ ~ ~ t~ , o x . ~ ~ • i~ ,~'1 ~ ' ~ ~ O I ~ ~ ~ \ ~ I~ ; , ~ ~ y, ~ ~ ~ 4~ o ~ ~~a / ~ ° I - r ~ ~ j t~a~ ' e~-~ ~ a ~ ~ O z , . 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F w ~zzzzc F ~ S F ° ~ ~ « ~4.. . . . z .b.---..,,,,-.~~...,.W ~.~«:.~...W.~,,.~,.....~.~..N..A... -~....sW,..,~....-w».._.~._:_.._. . . . O O O O O~ O O O O O~ ~ O O O O O ~ U ~n O O O O~ O N v~n ~n Q ~ o c~ o ~ a' ~ ~n c~i ~ ~ ~~~s~ ~ ~ ~ 0 E-+ 0 0 0 0 ~ ~ ~ o ~ ~ 0 0 ~ H ~ ~ ~ ~ ~ ~ v~ o ~ ~ a~ o 0 0 0 0 0° v o 0 0 0 0 0~ n o 0 0 0 0° y o 0 0 0 0 0 0~ 00 ~ ~ ~n ~n ~ i,,.~ cn \ a~i ~ ~ ~~y^ ~ ~ r-i ~ ~ ~ Q s~ a~ ~ ~ ~ ~ ~ o 0 ~ ~ ~ ~ ~ ~ ~n o ~ ~ ~ O V a 0 U ~ ~ O s~ ~ ~ ~ ~ ~ ~ v w ~ a° ~ y ~ ~ ~ ~ ~ v, ~ ~ ~ ~ ' v ~ ~ ~ ~ (~~~cnrr°I-~+ UU _ ...~~..~..._.~.,.~.,~..,~...,~...~._.~_t _ , _ Elliott D. Pollack & Company MEMORANDUM To: Mr. Frank Cassidy Town Attorney Town of Marana From: Richard C. Merritt Date: December 3, 2007 Re: Certification of Sales Tax Revenue to Town of Marana Related to the Development Agreement between the Town of Marana and Kimco Barclay Marana, L.P. The Town of Marana plans to enter into a Development Agreement with Kimco Barclay Marana, L.P. (Kimco Barclay) for a development project known as the Marana Spectrum. The Marana Spectrum is a proposed 170 acre mixed use project that consists mainly of retail uses and may also contain mixed use, hotel, office, and residential uses. The preliminary plan for the property will accommodate nearly 1.3 million square feet of commercial space. The Development Agreement between the Town of Marana and Kimco Barclay calls for the Town to reimburse and pay to Kimco Barclay transaction privilege taxes generated by the commercial development, excluding construction sales taxes, equal to the cost of the public improvements, cash contributions to the Town for acquisition of environmentally sensitive lands, all other development impact fees (if any) that are associated with the project, and the interest on the preceding amounts at a current interest rate of 6.5%. The Town will reimburse Kimco Barclay 45% of the Town's sales taxes imposed on retail sales within the planned project up to the total reimbursement amount. The total reimbursable amount is defined above as the sum of public infrastructure costs, environmental fees, other impact fees, and the interest of all total fees. The duration of the agreement is the lesser of 20 years from the effective date of the agreement, fifteen years after the completion of construction of an interchange on Interstate 10 adjacent to the property or until the total reimbursable amount is reached. The maximum total reimbursable amount is estimated at $30 million. Surveys conducted by the Urban Land Institute (ULI) demonstrate that similar community centers generate a range of retail sales between $275 and $323 per square foot. This data is based on median sales rates across the country and within the Western Region of the U.S. Individual centers may produce sales higher or lower than the median depending upon the type of tenants in the shopping center and the demographic characteristics of the population living within the surrounding trade area. If the center is fully built and operational according to its current site plan, and retail sales equal or exceed the median sales rate for the U.S. and Western Region as cited above, the project should meet the $30 million maximum reimbursement incentive within ten years. Fi_ ndin~ According to the proposed Development Agreement, 45% of the ongoing sales tax receipts will be reimbursed to Kimco Barclay for various public improvements up to the total maximum reimbursement amount of $30 million. By definition, this implies that the reimbursement to Kimco Barclay cannot exceed the project's total revenues. Certification Pursuant to Arizona Revised Statutes 9-500.11, Elliott D. Pollack & Company certifies that the proposed project is anticipated to raise more revenue than the amount of the incentive within the duration of the Development Agreement. ~C Richard C. Merritt President ~pWN OF TOWN COUNCIL MEETING TOWN OF MARANA q~~ INFORMATION ~R1ZON~' MEETING DATE: December 18, 2007 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL FROM: Keith Brann, P.E., CFM, Town Engineer SUBJECT: Resolution No. 2007-231: Relating to Floodplain Management; approving a variance to Title 21, Floodplain and Erosion Hazard Management Code, for property located at 14475 W. Imogene Place DISCUSSION A request has been made by Mr. Michael Burbage, 14475 W. Imogene Place, seeking a variance from Title 21 of the Land Development Code, (The Floodplain Ordinance). Mr. Burbage seeks to remove two mobile home structures from his property and replace them with a single mobile home of a size no more than the original two home's size. Mr. Burbage desires to place this new mobile in relatively the same location as the southern existing mobile home. This request requires a floodplain variance. The floodway of the Santa Cruz River, which after a detailed study was remapped by the Federal Emergency Management Agency (FEMA) through a Letter of Map Revision (LOMR) on March 10, 2005, covers Mr. Burbage's property. The attached exhibit is based upon recent GIS shape files that have been incorporated into the Town's GIS system. The floodway by FEMA definition is the stream channel and that portion of the adjacent floodplain that must remain open to permit passage of the base flood. Floodwaters generally are deepest and swiftest in the floodway, and anything in this area is in the greatest danger during a flood. Marana Land Development Code Title 21 Section 21.05.09 specifically does not allow new construction or substantial improvements in the floodway. The reason for this is that the new construction would increase the value of structures in the floodway and any consequent loss/reparations. The Code of Federal Regulations, Section 44-60.6(a) Section 1 provides: "T~ariances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. " By replacing existing mobile homes with a new mobile home of similar design and elevation, Town staff agrees that there are no additional impacts to the floodplain/floodway elevations of Mr. Burbage's property or those of his neighbors. FEMA and the Town have strict guidelines on the granting of variances. Variances should a) be the minimum relief necessary (21.06.01.1.E); b) remove only exceptional hardship (21.06.01.1.F.2); and c) not result in increased flood elevations (21.06.01.1.F.4). Floodplain Variance -14475 W. Imogene Place 12/18/2007 KEB Mr. Burbage's request is not the minimum relief necessary. The Town of Marana has been working with Pima County Flood Control District to make the Floodprone Land Acquisition Program (FLAP) available to residents whose properties still remain in the floodway after the LOMR. Mr. Burbage has been advised of this program and an appraisal was conducted. To date, Mr. Burbage has not wanted to participate in this program. While not the minimum relief, Town staff agrees that this is a lesser relief from the floodplain code than previously sought by Mr. Burbage. Financial considerations are deemed moot for floodplain management. Increasing the value of a property only increases the burden on the NFIP. Unlike the variance Mr. Burbage requested and was denied in 2005, this variance would not be against FEMA regulations of floodway management. FEMA requirements are for no rise in the floodway. If a variance were granted it would only be to the Marana code regarding new or substantial improvement in the floodway. The variance would not have the wide reaching effect that Mr. Burbage's previous variance request did in regards to flood insurance impacts. ATTACHMENTS 1. Exhibit of Mr. Burbage's property 2. Letter from Mr. Burbage requesting a variance RECOMMENDATION As with all variances to the floodplain code, Town staff recommends denial of the variance. Should the Floodplain Management Board approve the variance, staff recommends the following conditions: 1. The variance granted is for a single mobile home of approximately 27 feet by 60 feet. The two existing mobile homes on the property shall be removed within 30 days of the certificate of occupancy for the new mobile home. 2. Construction of the new mobile home shall occur on that portion of the property that is at least 12 feet higher than the adjacent flowline of the Santa Cruz River to comply with Marana land use zone D. 3. All construction shall comply with all other aspects of Title 21 including but not limited to access requirements/covenants, elevation requirements, velocity requirements, and erosion hazard protection. 4. Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding. 5. Applicant shall submit proof of flood insurance to the Town of Marana Town Clerk's office. -2- SUGGESTED MOTION Option 1: I move to deny resolution 2007-231. Option 2: I move to approve resolution 2007-231 subject to the staff recommended conditions. -3- OPTION 1 MARANA RESOLUTION NO. 2007-231 RELATING TO FLOODPLAIN MANAGEMENT; GRANTING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE, FOR PROPERTY LOCATED AT 14475 W. IMOGENE PLACE. WHEREAS, Michael Burbage is the owner of the property located at 14475 West Imogene Place, Marana, Arizona and located within the designated Federal Emergency Management Agency (FEMA) designated special flood hazard area; and WHEREAS, the property owner has been denied application for a building permit to construct a mobile home on the property located at 14475 West Imogene Place, due to the fact that residential construction is within 500 feet of the floodway of the Santa Cruz River which is prohibited under Title 21 of the Marana Land Development Code; and WHEREAS, on November 19, 2007 Mr. Burbage appealed the decision of the Town Floodplain Administrator and requested a variance to permit the construction of the mobile home in the floodway portion of his property; and WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant to the Marana Land Development Code, Title 21, Floodplain and Erosion Hazard Management Regulations, is empowered to grant variances, provided all variance actions must be reported in a biennial report to FEMA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Management Board, that the property located at 14475 West Imogene Place, Marana, Arizona, is hereby denied a variance from Section 21.05.09 of the Marana Land Development Code prohibiting construction or substantial improvement in the floodway. Burbage-res-optl-12-18-07.doc Keith Brann I2/18/07 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ACTING AS THE FLOODPLAIN MANAGEMENT BOARD OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 _..,m.._.~~.._..~ .~w_..~..~.~..._~_..,~~.,.~~.~..._ r_.~..._ __~~,_..ru~___w.._.~...~ti.~.. OPTION 2 MARANA RESOLUTION NO. 2007-231 RELATING TO FLOODPLAIN MANAGEMENT; GRANTING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE, FOR PROPERTY LOCATED AT 14475 W. IMOGENE PLACE. WHEREAS, Michael Burbage is the owner of the property located at 14475 West Imogene Place, Marana, Arizona and located within the designated Federal Emergency Management Agency (FEMA) designated special flood hazard area; and WHEREAS, the property owner has been denied application for a building permit to construct a mobile home on the property located at 14475 West Imogene Place, due to the fact that residential construction is within 500 feet of the floodway of the Santa Cruz River which is prohibited under Title 21 of the Marana Land Development Code; and WHEREAS, on November 19, 2007 Mr. Burbage appealed the decision of the Town Floodplain Administrator and requested a variance to permit the construction of the mobile home in the floodway portion of his property.; and WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant to the Marana Land Development Code, Title 21, Floodplain and Erosion Hazard Management Regulations, is empowered to grant variances, provided all variance actions must be reported in a biennial report to FEMA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Management Board, that the property located at 14475 West Imogene Place, Marana, Arizona, is hereby granted a variance from Section 21.05.09 of the Marana Land Development Code prohibiting construction or substantial improvement in the floodway subject to the following conditions: 1. The variance ganted is for a single mobile home of approximately 27 feet by 60 feet. The two existing mobile homes on the property shall be removed within 30 days of the certificate of occupancy for the new mobile home. 2. Construction of the new mobile home shall occur on that portion of the property that is at least 12 feet higher than the adjacent flowline of the Santa Cruz River to comply with Marana land use zone D. Burbage-Resolution-I2-18-07.doc Keith Brann I2/18/07 3. All construction shall comply with all other aspects of Title 21 including but not limited to access requirements/covenants, elevation requirements, velocity requirements, and erosion hazard protection. 4. Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding. 5. Applicant shall submit proof of flood insurance to the Town of Marana Town Clerk's office. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ACTING AS THE FLOODPLAIN MANAGEMENT BOARD OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 ~ ' i~~ ~-,P~ ~ ~ ~V~~ ~ Ei ~ ~ ~ ~ ~ r d+ ~ ' ~s " h~ a~ iP, ,'i~ ~ _ < m ,v ~ ~ ~ , ~ ~ ~ _ , a . , ~ ; ~p ~ ' , i . ; I ~II ~~I Y`;, li g~ ~ , ~ _ ~r~i~~ ~~~I~il I I ~ ~ I i f d J . ~e ~ e. - f ~ Wa, u ,.k,n. ~ . ~~a S :~gt` • ~ ~ • 3. 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' '~a~~rn E~gor!e~rf Flocxipkair Acimirrisirsios ~ 1555 vti~. Clvic Center ~olve ?J~aran~~ AZ 85653 ~ RF; I7eni~l builUin~ ~r~it 907rt4-478 a~ar h~r. ~3ra~~t: Pet our meetirK,~ Rnti Conf3renoe c~ ~I~verr~her 19: 2007, I tivould ~ike irr pursip a~a~plaln variana6 bg 6ppe~hng thls dscsaan ~O In0 7'o?Un ~IoodlD?~I.ti ~aard. It n:riy unders~andlnq Ihat you ha+1~ graciausly ~ffer~ ar~d a~gr~od ~ tivai~+c the $IOOd nor~efundabla var~an.^.f:7Q19, in my hehaif_ 7 wnu~l fike to ex~eress rrty si~oene 1.han~cs #or thi~s as ivf?il. R~~p~~:t~Subml7od, ~ ~ ~ ~ . _ ` . s413t~aeE BurbaBe ~ 2007 JN 3538 Executive Summary: The Shops at Tangerine & M 0 Motorplex at Tangerine Specific Plan The Shops at Tangerine & I-10 Motorplex at Tangerine Specific Plan encompasses an area of approximately 281 acres, west of Interstate 10 and north of Tangerine Road in Marana, Arizona. The site is located at a major intersection, which makes it well suited for commercial, auto, hotel and retail uses. The project is intended to expand employment opportunities and the retail sales tax base for the Town. The Specific Plan is used to modify the existing zoning, to provide for commercial opportunities and establishes comprehensive guidance and regulation for the development of this area. The Specific Plan does not allow any uses that are not already allowed by the Marana Zoning Code. The Specific Plan is a tool used to implement the Town of Marana General Plan at a more detailed site-specific level for a focused area. The Shops at Tangerine & I-10 Motorplex at Tangerine Specific Plan establishes the development regulations, programs, development standards, and design guidelines required for the implementation of the project. The Development Capability Report portion of the Specific Plan document is used to analyze the site and to determine development capabilities, considering physical constraints of the site, existing and proposed infrastructure and the unique opportunities the site presents for development. Traffic around and onto the site was identified as an important issue. The Specific Plan developer has and will continue to be involved in the planning and implementation of the new Tangerine Road Interchange over 1-10. It is anticipated that the interchange will be completed in 2011, which coincides with the planned opening of the first phase of the project. The developer has prepared a Traffic Impact Analysis for the project as part of the rezoning application. They will continue to provide information for the regional Traffic Impact Analysis that is being completed for the new interchange. The developer has previously conveyed approximately 14 acres to the Town for Tangerine Farms Road ROW. An additional 5-6 acres will be conveyed for the Clark Farms Road ROW in the future and an unknown amount for the new interchange. Design Guidelines are also included in the Specific Plan text. These Design Guidelines mirror the Town's Commercial Design Standards, but are written to be specific to the proposed development of the project. They are intended to provide for a unified project and provide specific guidelines for each proposed use. For the most part any proposed changes in the Specific Plan Design Guidelines are more restrictive than the Town's. A neighborhood meeting was held on November 8, 2007 for the rezoning. Although there are very few property owners adjacent to the site, approximately 50 people attended the meeting. The high turn out was based on the developer's decision to expand notification area to send over 1000 invitations to include nearby residents in the residential subdivisions west of the site. There were many questions and comments about the traffic, new interchange and the FEMA issue, but there were no negative comments about the project. The authority for preparation of Specific Plan is found in the Arizona Revised Statues, Section 9-461.09. The law allows the preparation of Specific Plans based on the General Land Use Plan, as may be required for the systematic execution of the General Land Use Designations, and further allows for the review and adoption. HA3538\Executive Summarydoc Legend Auto Park Auto Parla Main Access With Signal The Shops Secondary Access At Tangerine Project Boundary 0 Main Access With Signal C) Secondary Access I ELLERMANN, SCHICK BRUNO 09.10.07 REVISED 11.05.07 REVISED 11.21.07 CLO M C- cm L2- a CL2 im C LIA aeca 2M Lli UJ Z W W Z LLI o LU Z w <