Loading...
HomeMy WebLinkAboutAMENDED Council Meeting Agenda Packet 12/21/2004AMENDED TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 21, 2004 - 7:00 p.m. Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mike Reuwsaat 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 twenty-four 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 Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. 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 Chamber is 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, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682-3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted no later than December 20, 2004 by 7:00 o'clock p.m., at the Marana Town Hall and at www.marana, com under Town Clerk, Minutes and Agendas. 1 AMENDED TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Ion Adams Road December 21, 2004- 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of November 16, 2004 Study Session Minutes of November 16, 2004 Regular Session VII. CALL TO THE PUBLIC ~ ANNOUNCEMENTS ~ INTRODUCTIONS ~ UPCOMING EVENTS At this time, any member of the public is allowed to address the Town Council on any issue not olready on tonight's agendo. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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 n future agenda. VIII. STAFF REPORTS IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda 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 will be discussed and voted upon separately, immediately following the consent agenda. Resolution No. 2004-166: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 3 (Brad DeSpain) 2 AMENDED TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 21, 2004 - 7:00 p.m. Resolution No. 2004-169: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 4 (Brad DeSpain) Resolution No. 2004-170: Relating to Boards, Committees, and Commissions; approving the reappointment of Joe Reilly, Jerry Harris, Ora Mae Ham and Sherry Rollins to the Marana Water Utility Advisory Committee (Brad DeSpain) Resolution No. 2004-173: . Relating to Community Facilities Districts; approving appointments to the Redhawk Canyon Community Facilities Districts No. I and No. 2 (Jocelyn Bronson) Resolution Ng 2004-175: Relating to Water; supporting and urging the Arizona ~nt of Water Resources to recommend and Central Arizona Water Conservation District to approve and authorize the transfer of a portion of the Flowing Wells Irrigation District's Central Arizona project allocation to the Town of Marana (Brad DeSpain) B. COUNCIL ACTION PUBLIC HEARING: Ordinance NO. 2004.25: Relating to Development; approving the rezoning of 845-arres of land from "R-144" to zone "F" and creating the Sanders Grove Specific Plan on property located east of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana (Barbara Berlin) 2. TORTOLITA VISTAS SPECIFIC PLAN (a) pUBLIC HEARING, Ordinance N0.2004.26: Relating to Zoning; a request by Cottonwood Properties to rezone approximately 230 acres of land from R-144 (Single Family Residential, 144,000 square feet minimum lot area) to "F" (Tortolita Vistas Specific Plan). The proposed Tortolita Vistas Specific Plan proposes to restrict the site disturbance to a maximum of forty percent of the site (92 acres). The property is generally located south of Moore Road, east of the Oldfather Road alignment and west of Thornydale Road in Section 31, Township 11 South, Range 13 East. This proposed action would repeal the Tortolita Vistas Specific Plan as adopted on July 20, 2004 and replace it with a revised Tortolita Vistas Specific Plan which, among other things, is proposed for a maximum of 155 units (reduced from 400 in the previously adopted plan) and minimum individual lot sizes of 32,000 square feet (increased from 6,000 square feet in the previously adopted plan); and (b) Resolution No. 2004-174: Relating to Development; approving and authorizing the execution of a development agreement regarding the Tortolita Vistas development project. 3 ~NDED TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road December 21, 2004- 7:00 p.m. Resolution No. 2004-172: Relating to Development; approving and authorizing the execution of a third amendment to Gladden Farms Development Agreement (Frank Cassidy) Ordinance NO. 2004.24: Relating to Lighting; revising the "Marana Outdoor Lighting Code 200Y', by reference under Title 7 "Building", Section 7-1-2(B)(2); adopting the rules and regulations therein as controlling law of the Town of Marana; repealing all resolutions, ordinances, and rules of the Town of Marana in conflict therewith, and declaring an emergency (Jack Holden) Executive Session pursuant to A. ILS.§ 38-431.03(A)(1) to discuss the proposed terms of contract for continued employment of Town Manager Michael A. Reuwsaat (Frank Cassidy). Executive Session pursuant to A.R.S. §38-431.03(A)(3) for legal advice concerning the public hearing, council action and referendum processes applicable to the Tortolita Vistas development project (Frank Cassidy) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS Xl. ADJOURNMENT Bobby Sutton, Jr., Mayor 4 PLACE AND DATE Marana Town Hall, November 16, 2004 CALL TO ORDER The study session was held informally and no roll was called. Council Member Honea presided over the meeting and began the study session at 5:40 p.m. All other Council members were present except for Mayor Sutton who arrived at 5:47 p.m. and was seated at the dais. 1. Presentation: Cortaro Road Update (Mike Reuwsaat) Mr. Reuwsaat presented this item to the Council and had Raul Pi~a, representing CPE Consultants, assist him with the beginning of the presentation. Mr. PLeia introduced Leonard Fuentes, Cortaro Road project manager, and Mr. Fuentes led the presentation. He gave a brief update of the project including the background as well as the road design status and construction schedule. He said that the project originated from an intergovernmental agreement between the Town of Marana and Pima County and that the original Cortaro Farms Road project, covering an area from the Union Pacific Railroad CUPRR) to Thornydale Road, was planned for a width of six lanes. He said that CPE Consultant's project would begin at the recent UPRR crossing improvements and go approximately 1.2 miles east to Star Grass Drive. He said that, due to results from a recent traffic analysis study and the anticipated roadway improvements, they had been able to reduce the roadway to four lanes. He said that the studies had shown that it would also be possible to address regional drainage concerns affecting the area and the area of Freeman Lane along the north side of Cortaro Road adjacent to the railroad. He related that it would also be possible to match the existing topography along the road. He said that these issues would allow for a significant reduction in the overall cost of the roadway project and that their goal was to begin construction at the end of the year. He stated that completion was projected for within one year's time and within budget. Mr. Fuentes explained that the primary intent of the design was to create a safer travel enviromnent along Cortaro Farms Road. He said that by going from two to four lanes nearly double the amount of traffic volume could be accommodated thus improving the overall traffic circulation. He described the roadway design which included two signal light intersections, one at Hartman Lane and one at Camino de Oeste, which would generally improve traffic circulation. He said the design provided for bike lanes on both sides of the road, with curbs, sidewalks and landscaping amenities throughout the length of the project. He related that another significant issue addressed in the design was the regional drainage concern. He explained that there were three significant drainage areas located along the north side of Cortaro from Hartman to the Interstate and UPRR and that these areas would benefit greatly from the planned improvements associated with the Willow Ridge development. He said that the designs would divert the water flow away from the roadway project. He went on to relate that concrete line channels would be installed from Hartman Lane to the UPRR along the north side of the roadway and that the project would provide for any outfall along the UPRR right-of-way. He said that the plans were currently at 90% completion and that they had just been informed by their environmental consultant that the U. S. Fish and Wildlife Service (USFWS) had issued a verbal finding of no significant impact for this project. He pointed out that this verbal finding would allow them to proceed with the construction project schedule. He said that the roadway project would go to bid on January 15% begin the roadway improvements in March, and complete the project one year thereafter. Mr. Fuentes commented that, with this schedule in mind, they had been working closely with Town staff to accelerate their schedule and design to meet the immediate safety concerns at the Hartman and Cortaro Roads intersection. He explained that they intended to provide emergency fire protection and safety improvements that would impact the area and that, working with the Town staff, they intended to install permanent traffic signalization at this intersection as well as left turn lanes. He noted that the traffic signalization would be permanent and incorporated into the overall project design. He added that it was planned for the replacement of the 4" water line with new 12" water line which would improve the area fire flow. He said that, depending on the Council's concurrence, they would like to advertise this week for the first phase of the project which would allow the start of construction shortly after the holidays and completion of this portion before March 2005 when the actual roadway project began. He said that one of the benefits of the new signalization at the intersection was that it would ensure a safer traffic environment and improved traffic flow once the actual construction started. He concluded by stating that he would be happy to answer any questions. Council Member Comerford commented that she was very pleased that this project was finally able to move forward. She related an incident she and her son were involved in while traveling home from a nighttime Boy Scouts meeting. She said that someone made a left turn in front of her vehicle on Hartman as she was coming down Cortaro and that she had to literally slam on the brakes to avoid a collision. She commented that there had been a number of accidents at that location and that she would feel more at ease when the improvements were completed and public safety was higher at this intersection. Council Member Honea asked about the plans for traffic movement during construction. Mr. Fuentes replied that there would be one lane open in each direction during the construction phase. Mr. ReuwSaat remarked that the planned improvements would significantly improve the Hartman Lane intersection and help change the traffic flow along Cortaro Road. He said that, since the 5-year transportation CIP approval Town staff had been engaged in informal discussions with ADOT regarding an eastbound lane through Cortaro Farms Road before the scheduled interchange improvements slated for approximately six to seven years out. He added that the staff met and, even though everyone wanted two additional lanes, that the eastbound lane was the most significant lane. Mayor Sutton asked the Clerk to let the record show he had joined the meeting. The time was 5:47 p.m. Council Member Blake asked if someone could tell him what Pima County's original design plan was for Cortaro Road specifically with respect to the number of lanes. Mr. Pifia replied that it had been originally planned as a six-lane roadway up to Camino de Oeste and then as a four-lane road from that point to Thornydale Road. He explained that this project was only going to Camino de Oeste with a tapering back to the existing pavement at Star Grass Drive. He pointed out that the recent traffic study at Linda Vista associated with the proposed 1-10 interchange had allowed the analysis to drop Cortaro Road down to four lanes. Council Member Blake said that he was leery of that plan and the time span involved until the Linda Vista Interchange was built. He said that he was concerned about the increase in traffic flow for this area over the next few years. Mr. Pifia said that these concerns had been discussed and that his company thought that between the traffic analysis and the roadway design the concerns could be accommodated. Mr. Reuwsaat said that he thought the traffic level had been brought back down to Level C once the Linda Vista Interchange was opened. Mr. Pi~a said that currently the traffic was 18,000 vehicles daily and that after the Willow Ridge project was completed there would be another estimated 12,000 cars per day capacity. He said that the project was making improvements that would allow for a capacity of 30,000 cars per day. Vice Mayor Kai voiced his concerns as well and asked why the roadway plans were downsized from six to four lanes. He asked if Pima County had initially oversized the project. He said that the Town staff and Council members needed to know these answers. Mr. DeGrood said that he could definitively answer the Vice Mayor's questions. He said that the original Pima County study for Cortaro Farms Road in conjunction with their bond project did not consider any impact associated with the Linda Vista Interchange. He said that with the Linda Vista Interchange they would be able to reduce the number of lanes and that was the modeling basis the Town was moving forward with. Council Member Escobedo asked if the roadway would remain four lanes from Camino de Oeste. He said that it seemed as if this would cause some sort of bottleneck at some point along the roadway. Council Member Honea commented that the study was done prior to the Linda Vista Interchange becoming a reality in such a short timeframe. Mayor Sutton said that as leery as the Town wanted to be, the Interchange was Marana's and the Town was committed. Bob Anderson, longtime resident, commented that he and Mr. Barr had discussed the traffic problems on the south side of Cortaro Road and the scattered residences. Mr. Barr said that the road widening would correct that area. 2. Presentation: Rezoning - Public Participation Process (Jim Mazzocco) Mr. Mazzocco addressed the Council regarding this item. He said that Town staff would be providing the Council with an ongoing monthly report that would be presented at the first Council meeting of the month. He said the report would include maps, tables, and reports on all of the development activities including rezoning actions, specific plans, plats, development plans, and tenant improvements. He added that he believed this report could also be made available on the Town's website. He described some of the development process itself and talked about various stages such as the pre-application meeting, the Council study session and the neighborhood meeting. He said that these stages were not called out in the zoning code and but that the neighborhood meeting was actually a policy of the Zoning Commission and required of any development or rezoning. He said that the zoning code was currently being reformatted and that the rezoning process would be refined during that process. He stated that this information had been compiled in a flow chart and would be distributed to the public at the development services counter. Mr. Reuwsaat commented that this report was a response to the increased work load and request for more timely information to the Council and the public. He said that there would be times when certain items would require more than one study session for consideration. Mr. Reuwsaat said that he believed the Council passed a resolution requiring neighborhood meetings in the beginning of the development process approximately three years ago during the Ina/Silverbell rezoning. 3. Presentation: Airport Update (Charles Mangum) Mr. Reuwsaat gave a brief historical prospective on how the Marana Regional Airport (MRA) had evolved over the past few years after the Town acquired it from Pima County. He said that it was a joy to see the airport's progression under Charles Mangum, Airport Director. He added that Mr. Mangum had not only advanced the airport facilities on the ground but had established all of the policies and procedures as well as working relationships with pilots, business owners, and the fixed base operator (FBO) personnel. He said that he wanted to go on the record in giving Mr. Mangum the highest accolades for his achievements at the MRA and pointed out that Mr. Mangum leadership had made all the difference in the facility moving forward as a viable entity capable of attracting future commercial activity. Mr. Mangum spoke to the group and thanked the Town Manager for the kind remarks. He gave a short video presentation on the number of improvements made over the past few years at the Marana Regional Airport (MRA). After the video's conclusion, he gave a lengthy outline of the numerous improvements and plans for the MRA. He asked the Council to refer to the informational materials distributed earlier and focused on the Economic Impact and Aviation Services pamphlet. He said that the information in the pamphlet was taken from a recent study by the State Aeronautics Department and revealed the daily economic impact of the MRA. He said that there was an annual payroll of over $8M and support employment for more than 257 jobs. He drew the Council's attention to a second item in the packet, a flight guide, which he said had just been completed for use as a marketing tool with the pilots flying in and out of the area. He said that an advertisement in American Fly Aways had also been placed cooperatively by MRA and the airport businesses as an introduction to the public informing them of the many improvements at the airport. Mr. Mangum went on to explain that one of the biggest projects nearing completion was the four buildings housing 120 new hangars. He said that the first phase of the project would be completed by the end of December and a second phase adding four more buildings would be finished at the end of February. He noted that this would bring the total number of hangars to 253. He said that negotiations for State land acquisition were ongoing for a 76-acre parcel on the east side of the airport. He said it was a long process that he hoped to conclude in July. He explained another project, the taxiway to Runway 12-30. He said that it had already been designed and bid out and was only waiting for Federal Aviation Authority (FAA) construction funding. He pointed out that this project would open up the east side of the airport property for future development and future jet center as well as other developments in that area. He said that electrical upgrades had been made at the MRA and backup generators for blackout situations had been purchased. He remarked that he had been working for the last couple of months on the architectural and landscaping design standard which was included in the packet. He explained that the MRA Master Plan update was currently underway and that he would be doing the request for qualifications by January 2005. He pointed out that everything looked especially good for substantial airport growth. He said that the forecast numbers were low in the Master Plan because of several factors including the new hangars, the anticipated growth at the airport and in the community in general. He reported that he had applied for money for Part 1 of 50 noise studies that would look at the land use planning around the airport to ensure compatibly with the surrounding community. He spoke about working on new leases with Pima Aviation and hoped to have available for Council approval in January or February 2005. He reminded the Council of the Memorandum of Understanding (MOU) entered into with the Abrams, the FBO, and that some of the previously leased land was coming back to the Town. He said that those properties would be marketed. He said that, as the Town began looking at new developments to the north of the airport, the design standards would allow for an attractive facility. He said that the sewer line at the MRA was the biggest priority as the current system could not handle any new businesses with 100 plus employees. He noted that there had been interest and several inquiries from the private and corporate sector in the expansion plans for the airport. He said that Pima Aviation has expressed interest in constructing a steak house restaurant and they funded half of the design costs with the Town. Mr. Mangum said that the design would be something to take to the FAA for grant funding for the terminal. He said that the terminal would give the Town an identity and provide a destination point for the community as the flying public and the general public for clubs and Homeowners Association meetings. He said that the Town was investigating the possibility of acquiring 250 acres of State land on the west side of the airport and that it was wise for the Town to acquire as much surrounding land as it could for future airport development such as additional parallel runways or for other businesses that need direct runway and taxiway access. Mr. Mangum concluded by saying that he was pleased to announce that a published instrument approach into the airport would be available on July 7th and that this was something they had been working on very hard for over a year. Mr. Reuwsaat asked Mr. Mangum to give a more detailed explanation of this term, published instrument approach. Mr. Mangum said that a published instrument approach allowed planes to fly into MRA during inclement weather. He said it also provided for training opportunities and was a big draw for corporate pilots and for businesses considering relocation where it was possible to fly in and out nonstop. He said that the next step would be an FAA contract control tower. He said this was a long process and that he would come back before the Council with a cost/benefit analysis and following their approval he would begin the process of applying for design and construction funding. There was a short delay in the meeting as the next presenter prepared a slide show. Mr. Reuwsaat took this time to apologize for forgetting to mention the Parks and Recreation department when thanking everyone at the employee appreciation dinner on November 6t~. He said that they were largely responsible for organizing the annual function. He announced that there would be a luncheon on Friday, November 19~, at the Ora Mae Ham District Park in honor of Randy Robbins, Parks Superintendent, who was leaving the Town for a Recreation Coordinator position with the City of Phoenix. He said that everyone was invited to wish Mr. Robbins well in his future endeavors. 4. Presentation: Maintenance and Operations (Mike Mencinger) Mr. Mencinger gave a brief introduction to his presentation and explained the many different areas that Operations and Maintenance (O&M) worked in as a support unit for the entire Town. He listed the four main areas as being emergency response, street maintenance, fleet services, and facilities maintenance. He said that street maintenance also included such focus areas as traffic signal and sign maintenance, equipment operations, and asphalt and concrete maintenance. He said that the emergency response category included landscape maintenance as well. He pointed out that the O&M division covered 243 miles of roadway, 194 miles of curb and gutter, 136 miles of sidewalks, and 12 signalized intersections. XI. He said that his department was responsible for storing and installing 60 seasonal banners which changed three times annually throughout the Town and for the maintenance of a 160 vehicle fleet, 36 trailers, 45 pieces of specialized equipment, and 7emergency generators. The O&M Director said that his employees maintained 9 Town facilities and that this number would dwindle as the new municipal complex was completed. 5. Presentatiom Founders' Day Update and Vendor Policy (Tammy Reyes) Mr. Smith greeted the Council and presented them with the Vendor Policies and the Booth Space Application form associated with the 2005 Founders' Day festivities. There was no other discussion regarding this item. ADJOURNMENT Mayor Sutton adjourned the study session. The time was 6:04 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on November 16, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 II. III. CALL TO ORDER By Mayor Sutton at 7:03 p.m. PLEDGE OF ALLEGIANCE Led by Mayor Sutton INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. Mo ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Assistant Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Executive Asst. to the Town Mgr. Present Barbara Berlin Planning Director Present Anthony Casella IT Director Present Attached is a list of public attendees. APPROVAL OF AGENDA Mayor Sutton advised that Consent Item IX. A. 2. Resolution No. 2004-154 and Council Action Item IX. B. 1. Resolution No. 2004-153 were being continued to a date uncertain. Upon motion by Council Member Escobedo, seconded by Council Member Blake, the agenda with changes was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 VI. ACCEPTANCE OF MINUTES Mayor Sutton advised that no minutes were available for approval at this meeting and that the minutes listed on the agenda would be brought back for Council approval on December 7th. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Robert Rios, Arizona Department of Commerce's Regional Representative for Southern Arizona, addressed the Council. He said that his position entailed interfacing with municipalities, chambers of commerce, economic development organizations, and other entities in an effort to focus on topics and issues such as main street planning, work force development, the Planning Smarter Arizona program, and other programs funded by the Legislature. He presented Lasertel, Inc., $81, 999 to assist the company in their efforts to upgrade training for 43 technical jobs of local Marana residents. He recognized Arizona State Representative Pete Hershberger who was in the audience and thanked the Representative for his support. Mayor Sutton congratulated the Honorable Hershberger on his recent re-election. Mark McElhinney, President, and Ciria Soto, Human Resources Manager, came forward to accept the check. Mr. McElhinney thanked Mr. Rios for the State's support through the matching funds program and said that Lasertel was pleased to have the opportunity to upgrade the Marana work force. Mr. DeSpain introduced two Water department employees, Anthony Cuaron and Rashel Weinzapfel, who were seated in the audience. He also mentioned three other new employees, Laura Trostman, Inez Sharif, and Stephen Kelleher, who were not able to attend. Mr. Casella spoke before the Council regarding the Town's need for a better communications system. He said that a recently formed cell phone committee had investigated alternative carriers for the best mix of products and services including coverage, features, interoperability, price, and the reduction of multiple devices. A memo outlining the search and recommendation has been made a permanent part of this record. The IT Director gave a brief rundown of the amenities offered by Nextel Communications which he recommended as the new carrier. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 Mr. Reuwsaat commended the IT department for its outstanding evaluation of the communications needs and recommendations. He cited the April 2000 MV-22 Osprey helicopter crash at the Marana Regional Airport as a perfect example of failed interoperability and said that one Town employee carried 8 radios in order to communicate with all of the various agencies investigating the tragic accident. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA Resolution No. 2004-150: Relating to Water Service; approving and authorizing the execution of the Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data (Brad DeSpain) ge Resolution No. 2004-156: Relating to Subdivisions; approving a Release of Assurance, Irrevocable Letter of Credit No. S21970Z by Compass Bank, for Lots 1 thru 48 and Common Area A (private streets), Canyon Pass at Dove Mountain (Keith Brann) Resolution No. 2004-157: Relating to Subdivision; approving a Release of Assurance Agreement for Golf Villas at Solana, Trust No. 784, for Lots 1 thru 20, Common Areas A & B, and Tract A (Keith Brann) Resolution No. 2004-158: Relating to Subdivision; approving a Release of Assurance Agreement for Sombra Del Tecolote, Trust No. 60,077 for Lots 1 through 8 and acceptance of public improvements for maintenance (Keith Brann) e Resolution No. 2004-159: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to enter into an Intergovernmental Agreement with Pima County for the management and implementation of the 2044 Community Development Block Grant Program (Dan Groseclose) MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 w Resolution No. 2004-160: Relating to Community Development Block Grants; approving and authorizing the Town of Marana to execute an Intergovernmental Agreement Amendment to extend the current contract with Pima County for the management and implementation of the Community Development Block Grant Program to December 31, 2005 (Dan Groseclose) Resolution No. 2004-161: Relating to Community Facilities Districts; approving amendments to policy guidelines and application procedures for the establishment of Community Facilities Districts (Roy Cuaron) Upon motion by Council Member Honea, seconded by Council Member Escobedo, the consent agenda with a change was unanimously approved. B. COUNCIL ACTION e Ordinance No. 2004.22: Relating to Real Estate; approving an exchange of real property located along the Santa Cruz River in northwest Marana; authorizing the Mayor to execute an agreement with the Pima County Flood Control District and any deeds and other documents necessary to accomplish the exchange; and declaring an emergency (Frank Cassidy) Mr. Cassidy addressed the Council regarding this item and gave a brief explanation of the proposed exchange agreement with the Pima County Flood Control District (District) for properties located along the Santa Cruz River. He said the agreement would exchange 102.9 acres of Town-owned land in the Santa Cruz River including the levee and 50 feet on top of the levee to the District in exchange for 54.1 acres of District-owned land located behind the levee. He noted that the exchange was intended to assemble lands on the top of the bank for the Town's use as a linear park and to consolidate District-owned lands with the Santa Cruz River. He said that this exchange helped the Town connect the planned linear park in both directions. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2004.22 was unanimously approved. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 C. MAYOR AND COUNCIL'S REPORT Council Member McGorray announced that numerous food and toy collection boxes had been placed throughout the Town. She urged everyone to contribute to the donations for the upcoming holiday season. Council Member Escobedo thanked Executive Director Ed Stolmaker and his staff for their hard work associated with the recently held Marana Chamber of Commerce Golf Tournament and for the generous donations to the Miracle in Marana holiday event collected during the tournament. He thanked KOLD-TV Channel 13 for their efforts on behalf of the Marana Community Food Bank. He explained that the television station had broadcast live from the community facility and that a large number of donations had been made to the organization as a result of the broadcasts. He also thanked Vice Mayor Kai for the Kai family's generous donations to Miracle in Marana and for the Vice Mayor's personal assistance with the event's planning and operation. He added another note of thanks to all of the Council Members for their ongoing dedication to the Marana Food Bank. Mayor Sutton remarked that there had been an impressive turn around executed by Mr. Barr regarding a solution to the recent traffic problem at the Cortaro Road/I-10 westbound exit ramp. He said that the Assistant Town Manager had quickly put the right people together from the Arizona Department of Transportation (ADOT) with Town staff in order to correct a potentially dangerous situation. He explained that ADOT had closed one of the turn lanes during construction at the underpass. He noted that this closure had resulted in a tremendous backup of traffic and a hazardous situation on 1-10 with the congested overflow of westbound exiting traffic. Mayor Sutton related that Mr. Barr had been successful in convincing the ADOT officials of the essential need to keep all of the turn lanes open during daylight hours and to continue with the construction project during the later evening hours. He added that Mr. Barr had also informed KOLD-TV Channel 13 of this situation and that the television coverage was currently informing the public of the possible traffic delay and overflow onto 1-10. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL NOVEMBER 16, 2004 ge XI. D. MANAGERS' REPORT Mr. Reuwsaat commented that the last Council action, the passage of Ordinance No. 2004.22, effectively consolidated 160 acres along the Santa Cruz River and that this action would become the developing platform for the Heritage Park. Mr. Barr acknowledged the outstanding support from Mr. DeGrood and Mr. Prol in working with ADOT on the Cortaro Road/I-10 traffic problem and stated that the two Town employees had responded quickly when alerted to the construction project schedule and hazardous traffic situation. Mr. Cassidy reported that he would be out of the country visiting Ireland from November 18th through the 28th. FUTURE AGENDA ITEMS There were no items suggested for future agendas. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Blake, unanimous approval to adjourn was given. The time was 7:28 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council regular meeting held on November 16, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk STAFF REPORTS TO COUNCI'L Building Parks & Rec Town Clerk Planning Court Police Finance Public Works Human Resources Water FOR: NOVEMBER 2004 MARANA TOWN OF MARANA TEAM WORK-- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff November 2004 Department Report Update December 2004 CUSTOMER INFORMATION 2832 78 114 63 37,523,361 48.70 63.47 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. 322 Blue Stakes completed. 2. 122 Work Orders completed. 3. FIELD PORTION OF NOVEMBER STAFF REPORT. 4. Exercised valves on Grier, Reyher and Chapel Dr. 5. Raised and concreted valve boxes. 6. Potholed water lines on Harold Drive, Marana/Adonis interconnect, and fill line between Sandario well and Marana Park. 7. Pulled 300 Hp motor from Airport SE well for repair. 8. Training 9. Tested 3 backflow preventors. 10. Grease and serviced pumps. 11. Site/yard organization. 12. Warehouse organization. 13. Inspections for Grier Rd. Marana town Center, Continental Reserve block 15, Gladden Farms blocks 3 & 10, and San Lucas Well. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Northwest Fire Station #36. 2. Cascade Development-Addendum to Hartman Vistas 3. Oasis Development-Addendum to Hartman Vistas 4. Pomegranate Development West of Luckett Rd. North of Hardin. 5. Monterey Homes Marana 154 Sandario &o Moore Rd. (Southwest Corner) 6. Santoria Estates (on West side of Old Silverbell North of Linda intersection). 7. Addendum to Willow Ridge Agreement is pending. 8. Agreements for Water Service in San Lucas to Blocks 1-12 in progress. Vista OTHER 1. Pilot water treatment of Picture Rocks system is installed and operating. Progressing well. 2. A non-potable Master Plan is underway. Discussions with Arizona Department of Water Resources. 3. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 4. Sunset Ranch Estates rate comparison in Progress. 5. Regional water supply organization being discussed. 6. B.C.I.F. Group LLC. San Lucas well drilling is complete, pump testing to start. 7. Water Issues Being Elevated with Tucson Water. 8. Effluent and Marana Wastewater Treatment Plant in discussions with Pima County. PUBLIC WORKS STAFF REPORT Capital Improvement Projects 'The following are capital improvement projects in design. Marana-Continental Ranch Library: This Project consists of selecting an Architectural Firm for design; design and construction of a new library to be located in the Town near the Walgreen's store located at the corner of Cortaro Road and Silverbell Road. The new library will be located south of and somewhat east of the Walgreens. The library will contain some 15,000 square feet of floor space along with an additional 5,000 square feet of shell area that will be bid as an additive alternate. This space is intended to be for the use of the Town. The library is intended to house an eventual 100;000ovolume book collection with state of the art technology, computer lab, large meeting room and small study rooms. The deliverymethod for the Project, as selected by Pima County, is the Design-Bid-Build scenario. Estimated Design Time: Pima County anticipates a ten (10) month design phase from issuance of the Notice to Proceed. Estimated Construction Time: Pima County anticipates a twelve (12) month construction phase from issuance of the Award of the Bid. Interviews are scheduled for Friday, 17 December, 2004; a recommendation for award will be on the Board of Supervisors agenda 04 January, 2005. Ina Road Bridge Improvements-Bridge over the Santa Cruz River This project consists of constructing a new bridge over the Santa Cruz River south of the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, extending the soil cement/concrete floor protection to include the new bridge, reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Estimated Construction Time: To be determined Status: The Bridge Improvement Plans, DCR, Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT, Phoenix office. The ACOE permit is expected to be complete by the fourth quarter of 2004. Status: The selection committee to review, score and interview the firms short-listed from the submittals has been seated and consists of the four (4) individuals as follows: two (2) from Pima County Procurement Department, one (1) from the City of Tucson Library system and one (1) from the Town. Pima County Procurement Department received ten (10) Statements of Qualifications on Wednesday, 01 Decem- ber, 2004, and the packages were distrib- uted to the referenced parties on Friday, 03 December, 2004. The scores for submitting firms are due back to Pima County Procurement Department by close of business on Wednesday, 08 December, 2004. December 2004 (Staff Report for the month of November) Capital Improvement I-4 Projects in Design Capital Improvement Projects In Construction Completed Projects Traffic Division Environmental 8-9 Division Arts Committee 10 PUBLIC WORKS MISSION AND VALUES "The Marana Public B¢or'ks Department is committed to providing quality seradce by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful and ethical work force." Our operating values are: · Satisfaction · Respectful · Communication · Reliable Productive · Quafity Ethical · Consistency Service · Safety · Integrity · Commitment December 2004 Capital Improvement Projects in Design (continued) DCR for the Ina Road Corridor Project This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road and Camino Martin extending to Orange Grove Road. Estimated Construction Time: To be determined Status: This project is currently on hold. Honea Heiqhts Sewer Improvements This project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: First quarter of 2005 Status: Pima County Wastewater Management is in the process of finalizing the Project Plans and Contract Documents. Honea Heiqhts Roadway Improvements This project will involve the development of construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Road, between Moore Road and the Santa Cruz River. Estimated Construction Time: Following completion of the Honea Heights Sewer, approximately 4th quarter of 2005. Status: The plans have been approved for bid by USDA Rural Development. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Phase I of the project will be from Cortaro Road to the Yuma Wash. Twin Peaks Interchanqe This project consists of Environmental Assessment clear- ances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure east of 1-10, and connection to the existing roadway system to the east, Phase II. Estimated Construction Time: 4th quarter of 2006 Status: The Draft Alternatives Selection Report is still under review/comment by ADOT personnel. The Town's comments have been transmitted to the Consultant for inclusion in the Final Report. Staff has reviewed and transmitted comments to the Consult- ant on the Draft DCR. The Town is now in receipt of the Fi- nal DCR and the documents have been transmitted to the various agencies for review and comment. The Consultant Team and the Town are continuing to work on the public hearing which is tentatively scheduled for the first quarter of 2005. The Town is in receipt of the Draft Environmental Assess- ment Report (EA), and the comments have been transmitted to the Consultant. ADOT is still in the process of reviewing the Draft EA. The Consultant is developing a mitigation matrix that will indi- cate the Town's and ADOT's responsibilities associated with the Environmental Assessment Report. Letters have been distributed to the business owners affected by the TI informing them of the status of the Project. The Consultant is currently on schedule, and the EA and DCR are anticipated to be completed in the latter part of 2004. Estimated Construction Time: First quarter of 2005 Status: Tetra Tech is the design engineer. Tetra Tech is working on revisions to Phase I of this project. An individual 404 Permit application has been submitted to the Army Corp of Engineers and is anticipated by the fourth quarter of 2004. Construction will begin after ail permits are obtained, design is complete and Rights-of-Way are obtained. ,Page 2 PUBLIC WORKS December 2004 Capital Improvement Projects in Design (continued) Thornydale Road Improvements'/Oranqe Grove Road To CDO Wash This Project consists of reconstructing Thornydale Road from Orange Grove to the CDO Wash along with the reconstruction/widening of the approach roads; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Estimated Construction Time: 1st quarter 2006. Status: The 100% Improvement Plans have been received. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have been accepted. The Traffic Engineering and Access Management Report has been accepted. HELP Loan funding has been approved. ROW acquisition and utility will occur during 2005. Santa Cruz River Shared Use Path, Phase I and II This project consists of the design and construction of a 14' wide paved asphalt p~th from Cortaro Road to Coachline Blvd. via the El Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and intermediate bank areas of the Santa Cruz River. Phase II consists of a continuation of the shared use path in Phase I from Twin Peaks to El Rio Park. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be completed such that the ADOT funds are properly tracked; however, construction can be completed as a single project. Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing tl~ roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction and intersection improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated Construction Time: 3rd quarter 2005 Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the fourth quarter of 2004. Third year of Pygmy Owl Survey has been completed. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The Sanitary Sewer Plans have been reviewed by PCWWM. A public open house was held on January 15, 2004. The Town is working with ADOT to determine the best schedule to coordinate the 1-10 Widening Project with the Silverbell Project. The 95% plans have been received and comments have been returned to the Consultant. Estimated Construction Time: To be determined Status:The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The 100% plans have been received. The artistic concepts for the project have been presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sunflower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. The bid package has been advertised. Bids were rejected in the best interest of the Town. Public Works staff is in the process of evaluating option for Project delivery. PUBLIC WORKS December 2004 Capital Improvements in Design (continued) DCR for Camino de Manana/Dove Mountain Extension This project will involve the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Boulevard to an alignment with Dove Mountain Boulevard at Tangerine Road. Estimated Construction Time: To be determined Status: This Project is currently on hold. Moore Road Improvements This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to driving surface and drainage crossings from Camino de ©este to Thomydale Road. Estimated Construction Time: To be determined Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Preliminary Design Report and Plans have been received. DCPJDesiqn of Barnett Linear Park and Flood Control Project This project involves the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/linear park from 1-10 to the Santa Cruz River. Estimated Construction Time: To be determined Status: The Cultural investigation and the multi-purpose concepts are complete for the original scope. The second Draft Description of Proposed Action and Alternatives Report were submitted and distributed to Town staff for comments. The Draft Environmental assessment is anticipated to be submitted soon. The Transportation Report, The Benefit Area Map from flooding, and the Landscape Cross Section has been commented on by Town Staff and is awaiting revised submittal. PUBLIC WORKS Page 4 December 2004 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Tan.qerine Roadfi'homydale Road Intersection Improvements This project consists of roadway widening, interseclJon modifications and signalization, and drainage improvements. Status:. Southem Arizona Paving has completed roadway constTuctbn. Signal installation completed the end of November and e~rgized. Town of Marana, Northwest Marana Town Center Desiqn and Development Three projects are ongoing to master plan and establish layout, ambience and design standards of the Northwest Marana Town Center. Norbhwest Marana Town Center, Roads, Infrastructure and Off-Site Improvements This project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During July, Conceptual Drawings for the extension of Marana Main Street north of Grier Road were accepted by the Town and Constru~on Drawings begun. Excavation and installation of potable and non-potable water on Marana Main SlTeet and CMc Center Drive was substantially completed in March of 2004. During June 2004, installation of joint ulJlity trench was substantially complete and curbing and paving will co~nue through December, 2004. Substantial completion is targeted for the fourth quarter of 20~. Completion of CMID is targeted for December 2004. Completion of Greir Road improvements is targeted for April 2005. Grier Road replacement of CMID and storm drain begun in October Town of Marana Municipal Complex (Marana "MuniPlex") This project consists of the design and construction of a new Town Govemment Complex and will integrate the Muniplex and surrounding fadlities with the Ora Mae Ham Park which will eventually abut the Barnett Unear Greenbelt Park and Flood Control Channel that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status.Outing November, 2004, D.L. W~ers, the CM, made great visible progress in the exterior and interbr of Building A, the underside of the link between A&B, and the interior of B & C. They began se~ng block work around the four steel columns in front of the large curved wall outside the Coundl Chamber. Steel studs for extedor and interior walls were essentially completed on all floors of Building A and exterior sheetrock was place on the first, second and third floors of Building A. Interior sheetrock was well advanced on the first and second floor wi~ many areas completed on the balcony canopies around Building A. Buildings B &C are substantially complete at the end of month, and will be ready for inspecting for punch list in eady December. Hanging clouds and drop ceiling gdd were completed, wi~ add~onal drop ceiling grids added around the clouds. Window glazing completed on Building B &C. All doors in Building B &C were set during December. Mill work was neady completed. Buildings B and C and drop lighting was well advanced pending changes due to the changes in drop ceiling grid around clouds. There was extensive wire pulling in to the MDF Computer Room in Building A in support of the operation of911/dispatch, and Buildings B &C. Power was introduced into the fadr~ and various te. stng of M&E equipment and the alarm system was tested in Buildings B &C. Stone work on the covered walkway around Building A was essentially complete as was the stone work on the curved walt from Building A toward the streeL Stone work on Building A north wall was begun. Floor tile and carpet tiles were set in Building B & C and the raised floor was set in the 911 room. The steel stud framing and dry wall roof was essefl~lly complete under the links that forms the covered pa~ and planting area between Building A& B. Stairs were placed in Building A. All elevators are procured and warehoused awaiting installalJon. Elevators installed but not commissioned in buildings FF&E procurement by Goodman's is ongoing and began going into Building B in November. Final changes and adjustments to the room Page 5 PUBLIC WORKS December 2004 Completed Projects Ina/Silverbell Traffic Signal Installation: Completed 2003 Emigh Road, Sanders Road to Sandario Road: Completed 2001 New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 2002 Cortaro Road Improvements, Silverbell Road to 1-10: Completed February 2003 Wade Road Pavement Preservation: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail Phase I: Completed April 2003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marana High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2000-2003 Pavement Preservation: Completed July 2003 Coachline Boulevard Sidewalks: Completed October 2003 El Rio Park: Completed January 2004 Twin Peaks and Scenic Drive Intersection Improvements: Completed May 2004 Linda Vista Boulevard: Completed Apdl 2004 Tangerine Road - Breakers to Thornydale Road Improvements: Completed September 2004 Coyote Trails Skate Park Cortaro Road Bridge over the Santa Cruz Page 6 PUBLIC WORKS December 2004 Traffic Division Report r Tangerine Road/Thornydale Road Traffic Siqnal As part of the roadway widening project at this intersection, a traffic signal was designed. Signal timing plans were developed and tested in the signal controller. The traffic signal has been constructed and all of the appropriate traffic signs and pavement markings were installed. The signal was placed on flash mode on November 29, 2004 to help alert motorists about the new .signal. The signal, which includes left-turn phases (arrows) for the east and westbound Tangerine Road approaches, became fully operational on November 30. Cortaro Road Traffic Siqnal Coordination Study In order to improve the traffic flow on Cortaro Road between Silverbell Road and 1-10, a study has been conducted to determine how the progression of traffic between those two points can be enhanced. Kimley-Horn and Associates, in conjunction with ADOT, have reviewed the need to modify the signal phasing and timings at the Cortaro Road/I-10 Frontage Roads Intersections. They also looked at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavilions Drive, and at the t-10 intersections. Now that the study has been completed, the installation of the new signal timings will be coordinated with ADOT. It is expected that the new signal timings will result in a smoother and safer traffic flow along this heavily traveled section of Cortaro Road. Traffic Siqnal at Silverbell Road-Wade Road Intersection A traffic signal study conducted at the Silverbell Road-Wade Road intersection found that the installation of a traffic signal is warranted at that location. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue District's station on Wade Road. At this time the final signal design plans have been approved by our staff and the project has been awarded. We are expecting completion of this project in early 2005. Traffic Siqnal at Tanqerine Road- Dove Mountain Boulevard Intersection The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road-Dove Mountain Boulevard intersection. At this time, the developer's signal designer is working on the 95% plans. It is expected that the signal design will be completed within the next 60 days and that the traffic signal will be installed sometime during the Fiscal Year 2004-2005. Grant Proposal for Accident Database The Traffic Engineering Division has prepared a grant proposal to the Governor's Office of Highway Safety to request funding for the development of a traffic accident computer database. The purpose of the accident database is to provide a tool with which our staff will be able to retrieve the accident information needed to effectively conduct traffic engineering studies. At this time our staff has to spend much time reviewing large numbers of individual accident reports in order to perform their studies. With the database, we will be able to quickly retrieve accident data according to date, time-of- day, location, type of accident, weather, severity of accident and other pertinent information that will greatly enhance our ability to analyze accident causes and recommend corrective measures. The sooner we can complete our studies, the sooner that traffic safety improvements can be implemented. Safe Routes to School Proqram The Traffic Engineering Division is in the process of finalizing its Safe Routes to School Pilot Program at Twin Peaks Elementary School. The Safe Routes to School Program's goal is to develop educational, engineering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. Via the pilot program at Twin Peaks a documented process was developed so that those immediately involved with the program (traffic engineering staff, police, school administration, teachers and parents) all understand the procedures and their respective roles in the process. Our staff will continue to work with the Safe Routes to School Committee for Twin Peaks to implement a safe routes plan and an educational campaign for the school. The Committee includes the school's principal, the school's Police Resource Officer, the Marana Unified School District's Director of Operations, and Scoot Leska of our staff. Silverbell RoadFvVade Road Traffic Signal Installation Page 7 PUBLIC WORKS Tres Rios del Notre This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. 'Status: The Town of Marana provided a letter to the Corps with concerns on the project and the Corps is currently addressing these comments. The next meeting will focus on the development of a Recreation Plan and a Water Supply Plan. The Town of Marana will also be working with staff members from the different depart- ments to develop the best overall plan for the Town of Marana. The preferred alternative is currently being revised to remove parcels that will not be eligible to be incorporated into this project. Arizona Pollution Discharqe Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Runoff Control 5. Control of Post-Construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Environmental Division MOA with ADEQ for the Small MS4 Assistance Program, whereby the Town will receive $24,531.35 as a 60/40 match was approved by Town Council on November 3, 2004 and the signed IGA was received back form ADEQ on November 18, 2004. Work is beginning on the BMP projects covered under the grant agreement. The PAG training seminar for storm water Best Management Practices (BMP) in construction areas is ready for review by PAG members. The presentation will take place on December 6, 2004 at 1 PM. The Environmental Division has invited Morris Reyna and Tim Allen to view this presentation. The next regular Storm Water Working Group meeting is scheduled for December 8, 2004. December 2004 Environmental Planning Division Proposed Mitiqation Land Development . The Environmental Division is currently develo'ping a Icg and map of the existing and proposed mitigation lands for the Town of Marana. The purpose of this project is to provide information and support for the Bajada Environmental Resource Overlay District (BER©D) and the Town's Habitat Conservation Plan (HCP) and future developments within the Town of Marana. This map will provide information on the maximum percent disturbance and the binding agreement that requires the mitigation. Santa Cruz Valley National Heritaqe Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and archaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. Status:The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Preservation and development is ongoing. BLM Conflict Resolution Town of Marana is working with the Bureau of Land Management (BLM) and various stakeholders on addressing recreational shooting issues on the BLM, Forest Service and other Public lands. Status: Planning continues for the second public workshop, tentatively planned for mid-to late January 2005. Arizona Game and Fish is beginning a volunteer program this year under which any person with a hunting license who puts in 48 volunteer hours will receive one conservation point. This may be a resource the group can utilize for safety and enforcement help. The next organizational meetings are scheduled for December 6, 2004, and December 13, 2004, which Congressman Kolbe, who has expressed an interest in the issue, plans to attend. Page 8 PUBLIC WORKS December 2004 Environrnental Planning Division (continued) Floodplain Updates Number of Permits Processed (November) · 1 Number of Flood Hazard information Sheets Completed: 53 The Town has not yet received the FEMA report on the study conducted by the National Flood Insurance Program (NFIP) in late August. Two member of the Environmental Division, Jennifer Christelman and Paul Baughman, took the Certified Floodplain Management Test and are awaiting the results. Scenic Drive Restoration The Town of Marana will be partnering with concerned citizens to restore portions of the Scenic Drive wildlife corridor. Status:The Environmental Division obtained GIS aerial and zoning maps and watched a video on the Safford Peak Watershed Task Force, the group we will be working with on the project, to begin the scoping phase of the project. Title 16 - Effluent Re-Use Planninq TheTitle16 process began several years ago as a regional effluent re-use planning effort, which was initially coordinated by the Tucson Regional Water Council. Title16 is a funding mechanism available through the Bureau of Reclamation that offers 50% Federal match for planning and 25% Federal match for construction of water infrastructure projects that meet the program criteria. Status: This project will take much of the agriculture on the south side of the river off groundwater, protect water quality in our aquifers, and provide a r, eliable, low-cost water supply for the agricultural economy. W6 will also have the backbone of a non-potable supply system on the south side of the Santa CrUz, which will be able to supply turf and exterior use if that area urbanizes in the future. We are currently working with the Bureau of Reclamation on providing water consumption estimates for parks and turf areas along the pipeline. Other Environmental News The Environmental Division submitted a Water Quality Improvement Grant application to ADEQ in time to meet the deadline. The review process is scheduled to begin in November. Award decisions will not be made until January 2005. This grant would be used to assist the Town in the funding water quality improvement projects near the Santa Cruz River/Yuma Mine Wash area. The Environmental Division and the Planning Department are working together on trying to organize the application for the Town to be designated as a Certified Local Government. This certification is through the State Historic Preservation Office. It requires a Cultural and Historical Preservation Board to be active in surveying and inventorying the cultural and historical resources in the Town, as well as in reviewing development issues that would affect the Town's cultural and historic features. The CLG process requires us to develop an Overlay of the general areas of the Town containing cultural and historical features that should be considered for preserva- tion (per the SHPO guidelines) during the planning review process. The features chosen by the Town to be preserved will eventually include a historic district, and will establish a visual and tangible lesson on the rich history and culture of the area for future generations of residents and visitors to learn about and to appreciate. Certification under this program would offer the Town opportunities to receive grant funding for preservation projects in the Town. Page 9 PUBLIC WORKS December 2004 Public Work Art Project Committee Report The Public Art Project Committee did not meet in November. Meetings have been postponed until the New Year. Committee Members: Cud Ench, Chair Brian Jones, Vice Chair Sally Jackson Dot Lorifice Margaret Joplin Nancy Lutz TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-166: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 3. DISCUSSION Gladden Forest L.L.C. desires to install an On-Site Water Facility to provide service to a development known as Gladden Farms Block 3. Pursuant to an Agreement between the Town of Marana and Gladden Forest L.L.C. the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 3. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-166, approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 3. SUGGESTED MOTION I move to adopt Resolution No. 2004-166. BLU Gladden Farms Block 3 12/15/20044:13 PM APM MARANA RESOLUTION NO. 2004-166 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND GLADDEN FOREST L.L.C. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN.FARMS BLOCK 3. WHEREAS, Gladden Forest L.L.C. intends to facilitate the development of property to be called Gladden Farms Block 3 (the "Property"); and WHEREAS, Gladden Forest L.L.C. desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Gladden Forest L.L.C. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Gladden Forest L.L.C., attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 APM 12/16/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 21st day of December 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and GLADDEN FOREST L.L.C., hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Gladden Farms Block 3) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a potable and non-potable water facility in accordance with Plan No. ENG-0312-015 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0312-015 shall II. include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. o Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. o Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. o Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted for potable and non-potable systems. o Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. o Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. III. IV. o In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carded on at such points and in such order as may be directed by the Town. Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. o The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regUlations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. o The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. VI. VII The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town both said water facilities to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. o The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. MISCELLANEOUS THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 4 IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. By: Gladden Forest L.L.C. Applicant Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of ., 2004, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Bobby Sutton, Jr. Its: __Mayor APPROVED AS TO FORM ATTEST: By: Town Attorney By: Town Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the potable and non-potable On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility both potable and non-potable to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. EXHIBIT "D" ACTUAL COST OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITIES [To be attached at time of completion.] TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. A. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-169: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 4. DISCUSSION Gladden Forest L.L.C. desires to install an On-Site Water Facility to provide service to a development known as Gladden Farms Block 4. Pursuant to an Agreement between the Town of Marana and Gladden Forest L.L.C. the developer will construct on-site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Gladden Farms Block 4. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-169, approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.C. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 4. SUGGESTED MOTION I move to adopt Resolution No. 2004-169. BLU Gladden Farms Block 4 12/15/20044:14 PM APM MARANA RESOI,UTION NO. 2004-169 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND GLADDEN FOREST L.L.C. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN.FARMS BLOCK 4. WHEREAS, Gladden Forest L.L.C. intends to facilitate the development of property to be called Gladden Farms Block 4 (the "Property"); and WHEREAS, Gladden Forest L.L.C. desires to arrange for the provision of water service within the Property in connection with development; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, Gladden Forest L.L.C. agrees to the construction of on-site water facilities for the Property; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities under Private Contract between the Town of Marana and Gladden Forest L.L.C., attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of December, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 APM 12/16/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 21st day of December 2004, by and between the TOWN OF MARANA, hereinafter called the Town, and GLADDEN FOREST L.L.C., hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide service to the following described parcel of land (Gladden Farms Block 4) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above-described property only when so indicated by an "X" next to the condition described below: X (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900). WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expense, a potable and non-potable water facility in accordance with Plan No. ENG-0311-014 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG-0311-014 shall II. include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit "B." The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work described herein in accordance with plans approved by the Town. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. o Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. o Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking placo on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted for potable and non-potable systems. o Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of service lines, and is in full accord therewith. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelve Thousand Five Hundred Dollars ($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2 III. IV. o In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. The work shall be commenced and carded on at such points and in such order as may be directed by the Town. o Materials used in the construction shall be available for sampling and testing prior to being used in the work. Materials that fail to meet Town specification shall be removed from the site. o The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. ° The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." ° The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. o The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on-site or off-site necessitated by paving, drainage, or other improvements caused by this development. go VI. VII o The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. INDEMNITY In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. DEDICATION The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town both said water facilities to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. o The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising/lowering said services as required until the area described is fully developed. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. MISCELLANEOUS THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties; provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper officers thereunto duly authorized, all as of the day and year first above written. By: Gladden Forest L.L.C. Applicant Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) On this, the day of ., 2004, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THE TOWN OF MARANA By: Bobby Sutton, Jr. Its: Mayor APPROVED AS TO FORM ATTEST: By: Town Attorney By: Town Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 6 EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the potable and non-potable On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On-Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: EXHIBIT "C" 1TEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility both potable and non-potable to be installed in accordance with this Agreement behind this cover sheet.] Please set forth the total expense the Developer/Applicant is to incur for the construction. EXHIBIT "D" ACTUAL COST OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITIES [To be attached at time of completion.] 9 Town of Marana Motorola ASTRO LE Radio Upgrade Project Status Report Overview The Motorola ASTRO LE Radio Upgrade Project continues to progress and is currently on schedule, however there are a several issues that have arisen that may cause minor delays in the cutover time line currently scheduled for January 12, 2005. This document will address the status of each major area or milestone and provide the specific status of each, projected delays, and explain how those delays will affect the overall project. Discussion The Motorola Upgrade Project will expand the current one tower site coverage to three tower sites. The status of each tower site addressed below. Other areas discussed here are mobile and portable installation and deployment and user and administrator training. ao Marana Operations Center - This site, which did not exist before, will become the new Prime Site after the cutover. Currently, the radio tower has been installed and all Motorola coax has been run from the tower to the MDF inside the MOC. Motorola has begun installing radio equipment in the racks. This process, including installation of additional power should be completed by December 17th. bo Beacon Hill - This is an existing site currently serving as our Prime Site for day- to-day public safety operations. In order to become the second sub-site in the new radio network renovations will have to be completed. These renovations will be completed after the lease has been signed with the owner which is expected to be obtained on After approval, renovation should begin within 48-72 hours and is anticipated to take 10-14 days to complete. Co Station 37 (Dove Mountain) - This will be one of two sub-sites. During the transition, this site is also serving as a test site for the new radio system. After the upgrade and cutover this site will remain online as one two sub-sites in our expanded radio coverage area. The buildout of this site is complete. Programming and testing on the new mobile and portable radio has begun. Four new mobile radios were installed in police vehicles and 10 portable radios have been issued to officers testing of the functionality and programming features. The test will be conducted until December 15, feedback will be collected and adjustments made, as appropriate. Final programming of the portables is expected to be completed by mid-January, while final installation and programming of the mobiles is expected to be completed by late February 2005. Dispatch and subscriber training has been tentatively scheduled for mid-January 2005 Summary Overall, the project is going very well. While every attempt has been made to meet the very aggressive schedule originally established, we anticipate there may be some cutover delays due to the lack of an FCC license for the new Prime site at the MOC. Further, we anticipate that there may be some minor delays due to Qwest circuit provisioning issues. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. A. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL C. Brad DeSpain, Utilities Director Resolution No. 2004-170: Relating to Boards, Committees, and Commissions; approving the reappointment of Joe Reilly, Jerry Harris, Ora Mae Harn and Sherry Rollins to the Marana Water Utility Advisory Committee. DISCUSSION The Town of Marana Water Utility Advisory Committee has four Members, Joe Reilly, Jerry Harris, Ora Mae Ham, and Sherry Rollins, whose terms have expired or are expiring in December 2004. The Committee Members recommend the reappointment of Joe Reilly and Jerry Harris to terms expiring on December 31, 2006; and Ora Mae Ham and Sherry Rollins to terms expiring on December 31, 2007. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of Resolution No. 2004-170, approving the reappointment of Marana Water Utility Advisory Committee Members, Joe Reilly, Jerry Harris, Ora Mae Ham and Sherry Rollins. SUGGESTED MOTION I move to adopt Resolution No. 2004-170. BL U MWUA C Members 12/15/20044:14 PM APM MARANA RESOLUTION NO. 2004-170 RELATING TO BOARDS, COMMITTEES, AND COMMISSIONS; APPROVING THE REAPPOINTMENT OF JOE REILLY, JERRY HARRIS, ORA MAE HARN AND SHERRY ROLLINS TO THE MARANA WATER UTILITY ADVISORY COMMITTEE. WHEREAS, pursuant to Section 14-2-3 of the Marana Town Code, the Mayor and Town Council are empowered to appoint the Marana Water Utility Advisory Committee Members through a majority vote; and WHEREAS, the Water Utility Advisory Committee recommend reappointment of Joe Reilly and Jerry Harris to terms expiring on December 31, 2006, and Ora Mae Ham and Sherry Rollins to terms expiring on December 31, 2007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Joe Reilly and Jerry Harris with terms to expire December 31, 2006 and Ora Mae Ham and Sherry Rollins with terms to expire December 31, 2007, shall be reappointed to the Marana Utility Advisory Committee. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of December, 2004. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. A. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jocelyn C. Bronson, Town Clerk Resolution No. 2004-173: Relating to Community Facilities Districts; approving appointments to the Redhawk Canyon Community Facilities Districts No. 1 and No. 2 DISCUSSION The District Manager for the Redhawk Canyon Community Facilities Districts No. 1 and No. 2 has requested Council approval of the following appointments: The reappointment of Scott Mundell and Marshal Johnson, whose terms will expire in January of 2004, to serve an additional four-year term. The appointment of Joe Reilly, to fill the vacancy created by the resignation of Steve Reyna, whose term will expire in January of 2007. ATTACHMENTS Petitions for Appointment of District Board Members for Redhawk Canyon Facilities District No. 1 and Redhawk Canyon Community Facilities District No. 2 RECOMMENDATION Staff requests Council approval of the Petitions. SUGGESTED MOTION I move to adopt Resolution No. 2004-173. Community BLU Redhawk Canyon CFD No. 1 and No. 2 12/15/20042:53 PMJCB MARANA RESOLUTION NO. 2004-173 RELATING TO COMMUNITY FACILITIES APPOINTMENTS TO THE REDHAWK CANYON DISTRICT NO. 1 AND NO. 2 DISTRICTS; APPROVING COMMUNITY FACILITIES WHEREAS, the Town Council, upon forming the Redhawk Canyon No. 1 and No. 2 Community Facilities Districts, appointed the initial board of directors; and WHEREAS, the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS, the board of directors of Redhawk Canyon No. 1 and No. 2 Community Facilities Districts have reappointments for terms expiring in January of 2004 and a vacancy to fill; and WHEREAS, the developer, through the CFD's district manager, has petitioned the Council to reappoint Scott Mundell and Marsha Johnson to additional four-year terms ending January of 2009; and WHEREAS, the Town Council desires to fill the vacancy created by the resignation of Steve Reyna whose term expires January of 2007 and appoint Mr. Joe Reilly in his place. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Mr. Joe Reilly shall be appointed to the board of directors of the RedHawk Canyon Community Facilities Districts No. 1 and No. 2 and that Scott Mundell and Marsha Johnson be reappointed to additional four-year terms ending January of 2008. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of December, 2004. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Bobby Sutton, Jr. APPROVED AS TO FORM: Frank Cassidy, Town Attorney PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 1 (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Ariozna The undersigned District Manager for the Redhawk Canyon Community Facilities District, No.1, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honorable Town Council of the Town or Marana, Arizona to appoint the following District Board Members. Article 5 - Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (US Home Corporation), hereby recommends and requests approval of the following: Re-Appointment of the Scott Mundell (Chair) and Marsha Johnson, whose term is set to expire, January, 2005, to serve an additional four (4) year term. Mr. Mundell has served on the Red Hawk Canyon Community Facilities District, No.1 since 1995; while Ms. Johnson has served for the past four years. Appointment of Joe Reilly, to fill the vacancy created upon the resignation of Steve Reyna, whose term is set to expire in January, 2007. Mr. Reilly was an original appointee to the Red Hawk Canyon Community Facilities District, No. 1 (1995). Submitted and effective this 1st day of December, 2004. Red ~C~~m~ yaucil.~ities District, N°' 1 By // C4MA~"?~' (../[OO(J~_./' Patti Jo Lewis, District Manager STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this ] ar'day of December, 2004, by Patti Jo Lewis, District Manager, for the Red Hawk Canyon Community Facilities District, No. 1. Notary Public My commission expires: Each Developer.shall designate any assignee in a written instrument duly recorded in the Official Records of Pima County, Arizona. Absent an express written assignment, all rights and obligations of Developer shall remain with Developer. 5. Orqanization ~nd Opera~ion of the Districts. 5.1 Appointment of Boards of Directors. The initial members of the District Board shall be those individuals named in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. 5.2 Appointment of District Officers and Advisers. (a) ~l~rk ~nd Tressurer. Promptly following the First Board Meeting, each District Board shall, after considering any recommendations submitted at such meeting by Developer in the form of a written list of available candidates, appoint individuals to the positions of District Clerk and District Treasurer in accordance with the CFD Act. Upon the death, resignation or inability of either the District Clerk or the District Treasurer to discharge the duties of such office, each District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates' for appointment to fill the vacancy and to advise and consult with the District in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the District shall promptly appoint a new Clerk or Treasurer. (b) Ind~DendCn% Financial Adviser. Each District shall retain an independent financial adviser to assist the District in evaluating budgets, feasibility reports and similar matters. 5.3 General Operation. Each District shall maintain its records and conduct its affairs in accordance with the CFD Act and the laws of the State of Arizona. Each District Board shall use its best efforts to hire, as soon as reasonably possible, a general manager for the District from a list of available candidates submitted by the Developer. Page 12 of 42 9969 193U PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR RED HAWK CANYON COMMUNITY FACILITIES DISTRICT NO. 2 (TOWN OF MARANA, ARIZONA) TO: Clerk, Town of Marana, Ariozna The undersigned District Manager for the Redhawk Canyon Community Facilities District, No.2, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement (Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully petitions the Honorable Town Council of the Town or Marana, Arizona to appoint the following District Board Members. Article 5 - Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (Cottonwood Properties), hereby recommends and requests approval of the following: Re-Appointment of the Scott Mundell (Chair) and Marsha Johnson, whose term is set to expire, January, 2005, to serve an additional four (4) year term. Mr. Mundell has served on the Red Hawk Canyon Community Facilities District, No.2 since 1995; while Ms. Johnson has served for the past four years. Appointment of Joe Reilly, to fill the vacancy created upon the resignation of Steve Reyna, whose term is set to expire in January, 2007. Mr. Reilly was an original appointee to the Red Hawk Canyon Community Facilities District, No.2 (1995). Submitted and effective this 1st day of December, 2004. Red(Ha~k~anyo~omt~n. prfi)y,., ~ , ,,~ Facilities District, No. 2 By Patti Jo Lewis, Di~rict Manager STATE OF ARIZONA COUNTY OF PIMA The foregoing instrument was acknowledged before me this /.~ t- __ day of December, 2004, by Patti Jo Lewis, District Manager, for the Red Hawk Canyon Community Facilities District, No.2. My commission expires: Notary Public I ~ ..... "IMA COU~ I ~ ~y cm~. ~s ~b. 3, ~7 ~ Each Developer shall designate any assignee in a written instrument duly recorded in the Official Records of Pima County, Arizona. Absent an express written assignment, all rights and obligations of Developer shall remain with Developer. 5. Qrqaniz~%ion ~nd Operation of the Distric[s. 5.1 ADDointmen% of Boards of Dir~¢~Qrs. The initial members of the District Board shall be those individuals named in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of an appointed District Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. 5.2 ADDoin%m~n~ of District Officers and Advisers. (a) ~lCrk and Tre$surer. Promptly following the First Board Meeting, each District Board shall, after considering any recommendations submitted at such meeting by Developer in the form of a written list of available candidates, appoint individuals to the positions of District Clerk and District Treasurer in accordance with the CFD Act. Upon the death, resignation or inability of either the District Clerk or the District Treasurer to discharge the duties of such office, each District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult with the District in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the District shall promptly appoint a new Clerk or Treasurer. (b) IndeDendCn% Financial Adviser. Each District shall retain an independent financial adviser to assist the District in evaluating budgets, feasibility reports and similar matters. 5.3 General Operation. Each District shall maintain its records and conduct its affairs in accordance with the CFD Act and the laws of the State of Arizona. Each District Board shall use its best efforts to hire, as soon as reasonably possible, a general manager for the District from a list of available candidates submitted by the Developer. Page 12 of 42 9969 193U TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. A. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Brad DeSpain - Utilities Director Resolution No. 2004-175: Relating to Water; supporting and urg- ing the Arizona Department of Water Resources to recommend and Central Arizona Water Conservation District to approve and authorize the transfer of a portion of the Flowing Wells Irrigation District's Central Arizona project allocation to the Town of Ma- rana. DISCUSSION The Arizona Department of Water Resources (ADWR) has requested the Town to approve and submit this resolution in support of the Town's application for transfer of 1500 acre feet of Flow- ing Wells Irrigation District's excess Central Arizona Project (CAP) water allocation. ADWR requested that the Town provide this resolution before the end of 2004. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-175, approving transfer of a portion of the Flowing Wells Irrigation District's CAP project allocation to the Town of Marana. SUGGESTED MOTION I move to adopt Resolution No. 2004-175. {00000429. DOC/} FJC/cds 12/17/04 MARANA RESOLUTION NO. 2004-175 RELATING TO WATER; SUPPORTING AND URGING THE ARIZONA DEPARTMENT OF WATER RESOURCES TO RECOMMEND AND CENTRAL ARIZONA WATER CONSERVA- TION DISTRICT TO APPROVE AND AUTHORIZE THE TRANSFER OF A PORTION OF THE FLOWING WELLS IRRIGATION DISTRICT'S CENTRAL ARIZONA PROJECT ALLOCA- TION TO THE TOWN OF MARANA. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA that the Town of Marana hereby supports and urges the Arizona Department of Water Resources to recommend and the Central Arizona Water Conservation District to approve and authorize the trans- fer of 1500 acre feet of Flowing Wells Irrigation District's Central Arizona Project water allocation, which is not needed by Flowing Wells Irrigation District for their water delivery needs, to the Town of Marana. BE IT FURTHER RESOLVED that the Town's officers and employees are hereby author- ized and directed to take all necessary and prudent action to advance this resolution by submitting all necessary documentation to the Arizona Department of Water Resources, Central Arizona Water Conservation District, and the U. S. Bureau of Reclamation that may be necessary to obtain approval of the transfer. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000404.DOC/] FJC: cds 12/7/04 TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION k~~ MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Public Hearing. Ordinance No.2004.25: Relating to Development; approving the rezoning 845-acres of land from "R-144" to zone "F" and creating the Sanders Grove Specific Plan on property located east of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana Road. DISCUSSION The Marana Planning Commission held a public hearing on this application at its regular meeting of November 17, 2004, and voted 4-0 (Vice-Chair Clanagan, Commissioners Purcella and Schisler excused) recommending approval to the Mayor and Council. Diamond Ventures, represented by The Planning Center, is seeking the approval of a rezoning for an 845-acre site to develop a residential neighborhood with an 18.5 acre commercial area and a variety of open spaces, including a trail system. The subject site is on the north side of Marana Road, south of Hardin Road, between Wentz Road to the west and Sanders Road to the east. Approval of this proposal would rezone the subject area from "R-144" to "F" Specific Plan and adopt the Sanders Grove Specific Plan. GENERAL PLAN The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Low Density Residential (LDR). Per the adopted General Plan the proposed rezoning also requires a minor amendment to the General Plan. The minor amendment is incorporated into this process and would allow for the General Plan land use designation to be changed from Low Density Residential (LDR) to Master Planning Area (MPA). The proposed project meets the criteria for a minor amendment and therefore staff is including the review and recommendation for the minor amendment to the General Plan in conjunction with this application. LAND USE The Sanders Grove Specific Plan proposes 17 Planning Areas with four (4) different land use designations. The land use designations consist of Medium-Low Density Residential (MLDR), Medium Density Residential (MDR), Medium-High Density Residential (MHDR) and Commercial (C). The project is limited to no more than 2,500 residential units. Lots along Wentz Road are proposed to be 12,000 square feet minimum to provide a transition and buffer to the existing neighbors to the west. The existing Kirby Hughes Road is the only proposed access onto Wentz Road. The Northwest Marana Area Plan uses a Residential/Commercial concept as its preferred land use design. The Residential/Commercial concept provides or a gradient from the higher intensity uses to the less intensive uses. The proposed Sanders Grove Specific Plan implements the Residential/Commercial concept by placing the higher intensity uses at the southeast comer of the project and placing the less intense of uses towards the west where there is existing residents. TRAFFIC CIRCULATION The Sanders Grove Specific Plan is proposing to provide direct access to the project through access points along Marana Road to the south and Sanders Road to the east. An internal loop street is proposed to serve the project that connects Marana Roads and Sanders Road. Local roads extending from the loop road will connect to Kirby Hughes Road, providing access to the northern portion of the project. The applicant is proposing to limit the access to Wentz Road only for the connection to Kirby Hughes Road. All local streets will comply with the Town of Marana Local Street standards. The proposed circulation system differs from the adopted Major Routes Rights-of-Way Plan by modifying the existing grid system and creating an internal loop to serve the project. The adjacent roads (Sanders, Marana, Wentz and Hardin) bordering the project will be dedicated and constructed, as necessary, in compliance with the adopted plans. The extension of Tangerine Farms Loop Road to the north-west and the two east-west connections are the roads that are being proposed to be modified. Tangerine Farms Loop Road extension to the north-west is proposed to be eliminated, along with the southern collector alignment, as shown on the Major Routes Rights-of-Way Plan. The applicant is proposing to realign Kirby Hughes Road and tie it into the internal circulation of the development. Staff has initially supported the proposed changes to the Major Routes Rights-of-Way Plan, but will need to process the appropriate amendment. With the town center planning effort underway the roadways, intersections and overall circulation will be comprehensively reviewed. This will provide staff with a comprehensive update to the Major Routes Rights-of-Way Plan to take in hand the town center planning efforts which encompass a larger area than that of this project. Staff has added a condition that prior to the Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of-Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of-Way Plan. In addition staff is recommending that the applicant hire a third party Transportation Planner, acceptable to the Town of Marana, to participate in the study to update the current Major Routes Rights-of- Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest, reclassification of Wentz Road and the elimination of the southern collector alignment. -2- ROAD IMPROVEMENTS Pursuant to the Sanders Grove Preliminary Traffic Analysis (revised 10/25/04) prepared by Curtis Lueck and Associates, the Developer shall submit a Traffic Impact Analysis (TIA) for the Property concurrently with the submittal of the first block or preliminary plat for the Property, which TIA shall be reviewed by the Town. The timing and scope of construction of Road Improvements (to include the construction of traffic control signals) to be provided by the Developer will be determined by the Town based on the findings of the TIA. OPEN SPACE~ RECREATION AND TRAILS The Sanders Grove Specific Plan will be provided with "pocket parks" located though-out the development. These parks will address the required on-site recreational requirements and be developed in conjunction with the individual subdivisions and meet the minimum Town of Marana adopted standards. A neighborhood park is proposed to be located adjacent to the 1-10 frontage road. This park will provided active and passive recreational opportunities, including picnic areas, armadas, grills, soccer/football fields, baseball/softball fields and basketball courts. The master developer is proposing to develop the neighborhood park and dedicate the facilities to the Town of Marana. In addition, per the "draft" development agreement the developer shall contribute an in-lieu fee of $1,000.00 per residential unit for development of the neighborhood park. The project is also proposing a system of trails and open spaces that will provide a pedestrian friendly inter- connective system for the future residences. SEWER & WATER All lots will be served by extending the existing Pima County Wastewater Management sewer system. The Developer shall cause to be prepared, at the Developer's sole expense, a Sewer Master Plan prior to recordation of any subdivision plat for the property. The Sewer Master Plan shall define the necessary wastewater conveyance scheme to connect to the existing Pima County Wastewater system in a location acceptable to the Town and Pima County. The Sewer Master Plan shall also identify the necessary onsite conveyance scheme to provide sewer connection to all of the platted lots or blocks within the Property. The Sewer Master Plan shall include a sewer phasing plan that is acceptable to Pima County Wastewater Management and the Town. Prior to the approval of the first final plat for the Property, the Developer shall prepare a Water Master Plan for the Property and shall enter into a Water Service Agreement with the Marana Municipal Water Company ("MMWC") for potable and non-potable systems which sets forth the various agreements of the Parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The parties intend that MMWC will own the potable and non-potable water systems, that MMWC will provide potable water service to the Property, and that either MMWC or the Cortaro-Marana Irrigation District ("CMID") will provide non-potable water service to the Property (through the non-potable water system constructed by the Developer and dedicated to MMWC). -3- CULTURAL RESOURCES Because the site has not been completely surveyed the Arizona State Museum is recommending that an archaeological surface inspection be conducted for the entire site. In conjunction with the inspection any recommended additional testing and/or mitigation measures recommended will be completed prior to any development related ground disturbance. SCHOOL DISTRICT The proposed maximum number of residential units could generate as many as 1,250 kindergarten through sixth grade new students and 1,250 seventh grade through high school new students for the Marana School District. Per the "draft" Development Agreement the developer has agreed to contribute a fee of $1,200.00 per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. In addition the master developer will reserve a 15-acre school site at the intersection of Sanders Road and the Frontage Road for five years from the adoption of the specific plan. The actual site will be determined through an agreement between the master developer and the Marana Unified School District. FIRE PROTECTION Per the "draft" Development Agreement prior to a certificate of occupancy being issued for any dwelling unit, the owner shall have completed or shall provide evidence to the Town's satisfaction that a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service, as accepted by the Town of Marana. DESIGN STANDARDS Section IV Development and Design Guidelines provide the regulatory requirements for the proposed specific plan. The applicant is updating the residential design standards to further implement the needs of the town. Prior to formal adoption of this ordinance staff will need to review and accept the updated design standards. The applicant has prepared a table (attached) of what the differences in the development standards between the closest town's zoning district and the proposed standards. Staff finds that the proposed differences are appropriate to provide some enhanced design capabilities and has no objections to the proposed differences to the standards. This section also includes residential and commercial design criteria that include minimum standards for the development of Sanders Grove Specific Plan. Within these criteria are the requirements'from the Northwest Marana Area Plan, as well as addressing the required residential design requirements adopted earlier this year. Some of the requirements include having the front yard setbacks staggered by a range of three feet. Lots abutting Wentz Road are restricted to a maximum building height of twenty (20) feet. The proposed maximum building height for the Medium-Low and Medium Density Residential is 27-feet. Two story homes are allowed provided that there shall be no more than two consecutive two story homes and no two story homes shall be allowed on any comer lot, with a maximum number of two story homes of fifty percent of the project site. -4- RECOMMENDATION Staff recommends continuing Ordinance No. 2004.25, the Sanders Grove Specific Plan, based on the need to complete the Development Agreement and acceptance of the revised residential design standards. If the Council decides to approve the application staff would recommend the following Conditions: RECOMMENDED CONDITIONS OF APPROVAL o o o ° 10. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the previous zoning (R-144), upon action by the Town Council. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. Prior to the Preliminary Block Plat or the first Preliminary Plat the Major Routes Rights-of-Way Plan shall be amended to reflect the proposed changes or an amendment to the Sanders Grove Specific Plan shall be processed or administratively adjusted, as accepted by the Planning Director, to have the circulation system amended to be in conformance with the adopted Major Routes Rights-of-Way Plan. The applicant shall hire a third party Transportation Planner, acceptable to the Town of Marana, to do a study to update the current Major Routes Rights-of-Way Plan to address the proposed changes including, but not limited to deletion of the extension of Tangerine Farms Loop Road to the northwest, reclassification of Wentz Road and the elimination of the southern collector alignment The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Sanders, Marana, Wentz, Hardin Roads, per the Town of Marana adopted Major Routes Right-of- Way Plan. A water service agreement and a master water plan must be submitted, by the Developer, and accepted by the Utilities Director prior to the approval of the first plat, by the Town Council. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. -5- 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service Installation of Dual Water lines shall be required per the adopted Northwest Marana Area Plan. The site shall be surveyed for archaeological resources before any development related ground disturbing activities take place. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the cost of construction of the levee. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. Potential buyers shall be notified that existing agricultural and livestock uses exist in the area and adjacent to the proposed development. Prior to the approval of the first final plat the Planning Director shall approve the method of notification. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. The requirement for Conditional Use Permits for churches/houses of worship on less than 4 acres shall be deleted and made permitted. Upon adoption of the ordinance by the Mayor and Council approving the Sanders Grove Specific Plan, the applicant shall provide the planning department with the following final edition of the Sanders Grove Specific Plan: one non-bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. SUGGESTED MOTION I move to continue Ordinance No. 2004.25. -6- MARANA ORDINANCE NO. 2004.25 RELATING TO DEVELOPMENT; APPROVING A REZONING OF 845-ACRES OF LAND FROM "R-144" TO ZONE "F" AND CREATING THE SANDERS GROVE SPECIFIC PLAN ON PROPERTY LOCATED EAST OF SANDERS ROAD, SOUTH OF HARDIN ROAD, EAST OF KIRBY HUGHES AND NORTH OF MARANA ROAD. WHEREAS, The Planning Center represents the property owners of approximately 845- acres of land located within portions of Sections 17 and 20, Township 11 South, Range 11 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing on November 17, 2004, and at said meeting voted 4-0 (Vice-Chair Clanagan, Commissioners Purcella and Schisler excused) to recommend that the Town Council approve said rezone, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held December 21, 2004 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Low Density Residential to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 845-acres of land located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the east side of Sanders Road, south of Hardin Road, east of Kirby Hughes and north of Marana Road (the "Rezoning Area"), changing the land use designation from Low Density Residential to Master Planning Area, Section 2. The zoning of approximately 845-acres of land located within a portion of Sections 17 and 20, Township 11 South, Range 11 East, on the east side of Sanders Road, south of Hardin Road, east of Kirby Hughes and north of Marana Road (the "Rezoning Area"), is hereby changed from Zone "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) to "F" (Specific Plan) creating the Sanders Grove Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for single family detached and attached homes, with an 18.5-acre commercial development, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Ordinance No. 2004.25 Page 1 Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): o o ° o o o o o 10. 11. 12. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the previous zoning (R-144), upon action by the Town Council. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. The Major Routes Rights-of-Way Plan and the Sanders Grove Specific Plan shall be amended to reflect the proposed changes in accordance with the Town Center Plan. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Sanders, Marana, Wentz, Hardin Roads and other streets as delineated by the Town of Marana Major Routes Right-of-Way Plan as amended. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the first plat by the Town Council. A sewer service agreement and master sewer plan must be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into a fire district or otherwise provide for fire protection service Installation of Dual Water lines shall be required per the adopted Northwest Marana Area Plan. The site shall be surveyed for archaeological resources before any development related ground disturbing activities take place. Marana Ordinance No. 2004.25 Page 2 13. The property owner shall transfer with the final plat, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II is needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 14. Prior to the issuance of a building permit and pursuant to Marana Ordinance No. 99.02 the property owner(s) within the Lower Santa Cruz River Levee Benefit Area shall enter into a Development Agreement with the Town of Marana to reimburse the Town for this project's proportionate share for the cost of construction of the levee. 15. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 16. Potential buyers shall be notified that existing agricultural and livestock uses exist in the area and adjacent to the proposed development. Prior to the approval of the first final plat the Planning Director shall approve the method of notification. 17. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan. 18. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 19. The requirement for Conditional Use Permits for churches/houses of worship on less than four acres shall be deleted and made permitted. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.25. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of December, 2004. ATTEST: MAYOR BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Marana Ordinance No. 2004.25 Frank Cassidy, Town Attorney Page 3 Appendix A: Legal Description Exhibit A ?artec 1: The Ncr'th ha? zf Section 20 in Township : i So~.~.t, =-,,=n~_-~ I' East, G;ta and Satt River Mar!dian, Pima ~' * ,.~on.y, Arizona. That tan of the East half of ~he Northwe~ quarter zf Section 17 in Township i i South, Range 11 East, She and Salt River Meridian, Pima County, Arizona, lying So,th and West of th~ Southwester;y r;gnt of way line of the Tucson-Cas-~ Grande Highway, said right gf way being described as fo!lows: Beginning at a Do;hr cn the North line of sai~ Section 17 from wh_,,.~ the Nc~h'¢,,e_% comer bears South 89e 24' 4,6" West a dis;ante of 1835.17 feet; Thence South 50= 29' 00" East a distance of 4512.78 feet to a poi,-t on the East i;ne of sa!d Section 17 and the Point of Ending of said line. Pa;ce', ,3: That :art ~f the Northeast quar;er of Section i 7 in -F ~-k- - South, and Sc,, myer....,., _., Fima County, Arizona, lying South and West of the Southwesterly right cf way line cf :ne Tu2son-Casa Grande H~ghway, said right sf way being described as fuUows: bears South B~: 24' 45" Wes; e dlstaace of 1.835.17 feet: '-', n~,,_~¢-~'¢ South 50: 29' 00" East a distance of 4512.75 feet to a po;hr on the East ;ina se said Section i7 and ire Pzint of Ending of said line. ,~[ver-' ,*~:';d~an,' Pima County, Arizona, }yin~ So~h ~nd West line of t~e Tucson-Sase Grande,H;n~w=u,=.. .,, said dgh~ of v, 2y bears Scu:~ 59° 24' 46" West a Cio:anne of 1835.17 feet; Thence South 50= 29' 30" East. a dis:anco of 4512.75 feet :c a point on :he Ess: line Se:lion';7 and ?,e Fz;~.: of :ndmc- ' of s~.;e l.,,..;~= The Wes! half of ~,a and Salt River. Sanders Grove Specific Plan Marana, Arizona A-1 Sanders Grove Specific P an CASE NO. PCZ-040~I9 ~OWN OF MA~NA A request by Diamond Ventures to rezone approximately 845 acres of land from R-~44 (S~n~ie Family Residential, ~44,000 square feet m~nimum lot area) to ~ghe Sanders Grove Specific ~lan). The proposed Sanders Grove Specific ? ~oposes to develop the s~te w~th a mix of residential densities, and an ~ 8.5 acre commercial area with a vadety of open spaces and a trail system. The prope~y ~s located no~h of Marana Road, west of Sanders Road, south of Hardin Road and last of Wentz Road. Medium Low Density Residential/R-7 · Marana Land Sanders Grove Justification Development Code (R-7) SpeCific Plan Permitted Uses Allows all churches, AJiows church/worship More restrictive than places of worship over 4 acres; smaller Code - allows possible church sites are subject LDS Church site; all other to a Conditional Use smaller ones need CUP Permit to ensure compatibility with other planned uses. Accessory Uses Same Same n/a Conditional Uses Same except for church Church/worship uses See above response under 4 acres in size. under Permitted Uses. Prohibited Uses Same Same n/a Lot Area 7,000 square feet 7,000 square feet, Lots abutting Wentz except lots abutting Road exceed zoning Wentz Road must be at code requirement to least 12,000 sf. provide more compatibility with lower density uses to the west. Width 60' 60' n/a Depth 85' 90' Specific Plan exceeds code requirements. Setbacks: --Front ~._ 16' (max 35% of homes) 15' (living area) Gives an incentive to do 20' (front garage) 20' (front garage) products without front- 12' (side garage) loaded garages and/or to recess garages from street to vary street scene. --Side 5' 5' Exceeds Code 10' to street 15' to street requirement. --Rear 20' (Every foot over 20' in 15' Allows automatic front = 1 foot reduction in 10' (patio structures) reduction in rear. se_t__back rear; max 5') (Every foot to allow flexibility in. under 20' in front = 1 foot design for non-front- addition in rear; max 5') loaded garages. Building Height 25' 27'; Lots abutting Wentz Allows for greater Road are restricted to flexibility in design; 20'. accommodates larger higher end homes targeted toward a move- up homebuyer market. Additional height is offset by other design standards and guidelines (setbacks, incentives to reduce garage domination, height restrictions on corner lots). Lots abutting Wentz Road are restricted to provide greater compatibility with lower density uses to the west. Separation 10' (main buildings) 15' (homes on adjacent Specific Plan exceeds 5' (principal/secondary) lots) code requirements. 5' (rear & side to patio) 6' (primary/secondarT) Massing same Same n/a Lot coverage 50% No requirement Plan is silent; therefore code applies. Medium Density Residential/R-6 ~ Marana Land Sanders Grove Justification DevelopmentC°de (R-6) Specific Plan Permitted Uses Allows all churches, Allows church/worship More restrictive than places of worship over 4 acres; smaller Code - allows possible church sites are subject LDS Church site; all other to a Conditional Use smaller ones need CUP Permit to ensure compatibility with other planned uses. Accessory Uses Same Same n/a Conditional Uses Same except for church Church/worship uses See above response under 4 acres in size. under Permitted Uses. Prohibited Uses Same Same n/a Lot Area 6,000 square feet 6,000 square feet n/a Width 55' 45' Provides for greater flexibility in design of lots. Depth 80' 75' Provides for greater flexibility in design of lots. Setbacks --Front 16' (max 35% of homes) 10' (living area) Gives an incentive to do 20' (front garage) 20' (front garage) products without front- 10' (side garage) loaded garages and/or to recess garages from street to vary street scene. --Side 5' 5' n/a 10' to street 10' to street --Rear 20' (Every foot over 20' in 10' Allows automatic front = 1 foot reduction in 5' (patio structures) reduction in rear setback rear; max 5') (Every foot to allow flexibility in under 20' in front = 1 foot design for non-front- addition in rear; max 5') loaded garages. 5' (patio structures) Building Height 25' (20% up to 30' w/ 27' Allows for greater--- approval of Town Council) flexibility in design; accommodates larger higher end homes targeted toward a move- up homebuyer market. Additional height is offset by other design standards and guidelines (setbacks, incentives to reduce garage domination, height restrictions on corner lots). Separation 10' (main buildings) 15' (homes on adjacent Specific Plan exceeds 5' (principal/secondary) lots) code requirements. 6' (primary/secondary) Massing Same Same n/a Lot coverage 50% No requirement Plan is silent; therefore code applies. Medium High Density Residential/MR-2 " Ma'rana Land Development Sanders Grove Justification Code (MR-2) Specific Plan Permitted Uses Multi-family (Medium/High Single-Family (attached Limits use to single family density) and detached); parks rather than multi-family; and recreation; public allows other public and schools; church/worship community uses; allows over 4 acres possible LDS Church site. Overall, this designation has been created specifically for a medium high intensity, single family attached project. There is not a true equivalent in the Marana Land Development Code; MR-2 is the closest equivalent. Accessory Uses Same Same n/a Conditional Uses Public and private schools; Church/worship under4 See comment above parks; public utilities; single acres, childcare; private under "Permitted Uses". family residential (R-6); day education facilities; care; churches group homes. Prohibited Uses Reserved Commercial/Industrial We have added these prohibited uses for clarification. Lot Area 6,000 sf None This minimum lot area was likely intended for a true multi-family use. Our targeted use is single family (attached); therefor, e we have ~ defined a Minimum Area per Dwelling Unit or 3,500 sf. (see below) Parcel Area 2-4 units - 4,000 sf/du 3,500 sf/dwelling unit This is an appropriate 5-8 units - 3,500 sf/du minimum area per 9 & over- 2,175 sf/du dwelling unit to achieve the desired project. Width None None n/a Depth None None n/a Setbacks --Front 20' + 1' for every foot 10' (living area) Gives an incentive to do building height exceeds 20' 20' (front garage) products without front- 10' (side garage) loaded garages and/or to recess garages from street to vary street scene. --Side 20' + 1' for every foot 5' Setbacks under MR-2 are building height exceeds 20' 10' to street intended for multi-family; the proposed setbacks in the Specific Plan are more appropriate for a single family medium high density subdivision. --Rear 20' + 1' for every foot 10' See above. building height exceeds 20' 5' (patio structures) --2"" Stow None 15' Specific Plan exceeds 25' (front garage) code requirements. Building Height 30' 30' n/a Separation None 6' (primary/secondary) Specific Plan exceeds code requirements. Massing None 2n° floor does not Specific Plan exceeds exceed 80%. code requirements. Lot coverage 55% No requirement Allows for greater flexibility to accommodate larger homes and unique housing types. Common Open 30% of site excluding Specific Plan calls for Specific Plan uses this Space parking areas & drive areas 185 square feet per same formula for dwelling unit for calculating park/open improved parks on-site space throughout the (140 square feet for plan. town homes); 6 acres of open space per 1000 residents; and Improvements, dedication of land and/or monetary contributions equaling $1000 per dwelling unit for regional and off-site parks. Private Open 100 sf 50sf The intent of the Specific Space Plan is to provide superior parks, open space and trails throughout the community .... kJOlTImerClUll v ~ Marana Land Sanders Grove Specific Justification Development Code (VC) ~lan Permitted Uses Same Same n/a Accessory Uses Reserved None n/a Conditional Uses Reserved Auto service stations; Allows the option of these convenience stores; uses pending approval of drive-thru facilities a CUP. Prohibited Uses Same Same + no single user Specific Plan is more over 60,000 sf restrictive than the Code. Lot Area 10 acres Per plan. Commercial is limited by the size of the planning area. FAR 0.35 None FAR is limited in the Specific Plan by lot coverage and building height. Lot Coverage 35% 35% n/a Depth None None n/a Setbacks -Front 30' 30' (street) n/a --Side 20' 20' n/a -Rear 20' 20' n/a Building Height 50' 30' Specific Plan more restrictive than code. Sanders Grove Specific Plan PCZ-04019 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520.623.6146 fax 520.622.1950 www. azplanningcenter, com THE PLANNING CENTER Sanders Grove Specific Plan PCZ-04019 Submitted to: Town of Marana 3696 West Orange Grove Road Tucson, Arizona 85741 Prepared for: Diamond Ventures 2200 East River Road, Suite 115 Tucson, Arizona 85718-6586 Prepared by: THE PLANNING CENTER 110 South Church, Suite 6320 Tucson, Arizona 85701 Phone: (520) 623-6146 Fax: (520) 622-1950 THE PLANNING CENTER March 2004 Revised: July 2004 Revised: September 2004 Revised: October 2004 Revised December 2004 For Clarification of Material Contained in this Specific Plan Contact: THE PLANNING CENTER 110 South Church, Suite 6320 Tucson, Arizona 85701 Telephone (520) 623-6146 Fax (520) 622-1950 THE PLANNING CENTER Table of Contents Io Introduction A. Specific Plan Summary ............................................................................... I-1 Exhibit LA: Regional Map ................................................................................. I-2 B. Location ......................................................................................................... I-3 C. Authority and Scope .................................................................................... I-3 D. Legal Description ......................................................................................... I-3 Exhibit I.B: Location and Vicinity Map ............................................................ I-4 II. Development Capability Report A. Introduction ................................................................................................. II-1 B. Environmental Overview ........................................................................... II-1 Exhibit H.B: Aerial Photograph ........................................................................ II-2 C. Site Analysis ............................................................................................... II-3 1. Topography and Slope Analysis ........................................................ II-3 Exhibit H. C: Topography ................................................................................. H-4 2. Hydrology and Water Resources ....................................................... II-5 Exhibit H.C.2.c: Predevelopment Hydrology ................................................. II-7 3. Vegetation and Wildlife Habitat ......................................................... II-8 Exhibit II. C.3.a.(3 ): Vegetation Densities ..................................................... II- 11 Exhibit H.C.3.b: Arizona Game and Fish Department Letter ....................... H-12 4. Geology and Soils ...............................................................................II-15 5. Paleontological and Cultural Resources .......................................... II-16 Exhibit H.C.5. b: Arizona State Museum Letter ............................................. H-18 6. Viewsheds ............................................................................................ II-19 Exhibit II.C. 6.a.(1): Views ............................................................................ II- 20 Exhibit H.C. 6..a (2): Site Photos .................................................................... H- 21 Exhibit IL C. 6.b: Off-site Viewsheds .............................................................. II-23 Exhibit H.C.6.c: Visibility ............................................................................. H-25 7. McHarg Composite Map ................................................................... II-26 Exhibit H.C. 7: Composite Map ..................................................................... II-27 8. Existing Land Uses ............................................................................. II-28 Exhibit II.C.8.c.(1): Existing Land Uses On-Site .......................................... H-32 Exhibit H.C.8.c.(2): Existing Zoning ............................................................ H- 33 Exhibit H.C.8.c.(3): Existing Land Uses Off-Site .......................................... II-34 Exhibit II. C.8.e: Adjacent Development ................................................ H-36 Exhibit H.C.8.g: Structures and Uses Within 150 Feet Key Map ................. H-41 Exhibit II.C.8.h.(1).c: On-Site Traffic Circulation ........................................ H-43 9. Existing Infrastructure and Public Services ..................................... II-52 Exhibit H.C.9.a: Open Space, Recreational Facilities, Parks & Trails ......... H-54 Exhibit H.C.9.b (1): Schools ......................................................................... H-55 Exhibit H.C.9.b (2): Sewer ............................................................................ H-57 Exhibit H.C.9.b (3): Fire Service .................................................................. H-58 Exhibit H.C.9.b (5): Water ........................................................................... II-60 Sanders Grove Specific Plan Marana, Arizona Table of Contents III. Development Plan A. Purpose and Intent .................................................................................. III-1 Exhibit III. A: Specific Plan Boundaries ........................................................ III-2 B. Objectives of the Specific Plan ................................................................. III-3 Co Relationship to Adopted Process ......................................................... III-4 D. Compatibiltiy with Adjoinging Development ............................. III-4 Eo Land Use Concept Plan ........................................................... III-4 Exhibit III. E.I: Land Use Concept Plan ....................................................... III-7 F. Circulation ........................................................................... III-8 Exhibit III. F: Circulation Concept Plan ......................................................... III-9 G. Grading Concept ................................................................. III-10 H. Water Resources ................................................................................... III-10 I. Post Development Hydrology ............................................................... III-10 J. Environmental Resources ...................................................................... III-11 K. Landscape Concept ................................................................................ III-11 L. Open Space, Recreation, Parks and Trails Concept ..........................III-11 Exhibit IILL: Open Space Concept Plan ..................................................... III-13 M. Cultural Resources ................................................................................ III-14 N. Viewsheds .............................................................................................. III-14 O. Infrastructure, Public Services and Utilities ...................................... III-14 1. Sewers ................................................................................................. III-14 2. Schools ................................................................................................ III-15 3. Fire/Emergency Vehicle Service ..................................................... III-16 4. Water Service ..................................................................................... III-16 Exhibit III. 0.4: Water Department Letter ................................................... IH-17 5. Private Utilities ................................................................................... III-18 6. Cortaro-Marana Irrigation District ................................................. III-18 IVo Development & Design Guidelines A. Purpose and Intent ................................................................................... IV-1 Bo General Provisions .................................................................................... IV-1 1. Applicability of Town of Marana Zoning Code ............................. IV-1 2. Building Code ..................................................................................... IV-1 3. Additional Uses .................................................................................. IV-2 C. Design Review Process ............................................................................ IV-2 1. Design Review Committee ................................................................ IV-2 2. Design Review Procedures ................................................................. IV-2 D. Land Use Concept .................................................................................... IV-3 E. Development Guidelines ......................................................................... IV-4 1. Medium-Low Density Residential: Planning Areas 7-10 ............. IV-4 Sanders Grove Specific Plan Marana, Arizona ii Table of Contents 2. Medium Density Residential: Planning Areas 2, 4-6, 11-15 ......... IV-6 3. Medium-High Density Residential: Planning Areas 3a and 3b...IV-8 4. Residential Design Criteria ............................................................. IV-10 5. Commercial: Planning Area 1 ........................................................ IV-14 6. Commercial Design Criteria ............................................................ IV-16 7. Circulation ......................................................................................... IV-18 8. Streetscape ......................................................................................... IV-20 9. Landscaping ......................................................................... ............. IV-21 10. Recreation and Open Space ........................................................... IV-23 11. Entry Features ................................................................................... IV-26 12. Signage ............................................................................................... IV-27 13. Public Art ........................................................................................... IV-28 V. Implemenation & Administration A. Purpose and Intent .................................................................................... V-1 B. Proposed Changes to Zoning Ordinances .............................................. V-2 C. Subdivision Plat and Architectural Review Process ............................. V-2 D. Development Review Procedure ............................................................. V-3 E. General Implementation Responsibilities ............................................... V-3 F. Phasing ......................................................................................................... V-4 Exhibit V.F: Phasing Schedule ......................................................................... V-6 H. Specific Plan Administration ................................................................... V-7 1. Enforcement ........................................................................................... V-7 2. Administrative Change ........................................................................ V-7 3. Substantial Change ............................................................................... V-8 4. Interpretation .......................................................................................... V-8 5. Fees ......................................................................................................... V-8 I. Monitoring Program ................................................................................... V-8 Appendix Appendix Appendix Appendix Appendix Appendix A: Legal Description ............................................................................... A-1 B: Definitions ............................................................................................ B-1 C: Citizen Participation Plan .................................................................. C-1 D: Plant Palette ........................................................................................ D-1 E: Monitoring Plan ................................................................................... E-1 F: Bibliography .......................................................................................... F-1 Sanders Grove Specific Plan Marana, Arizona iii I. Introduction Introduction A. Specific Plan Summary The Sanders Grove Specific Plan establishes comprehensive guidance and regulations for the development of approximately 845 acres located in Marana, Arizona. (See Exhibit I.A: Regional Map.) The Specific Plan establishes the development regulations, programs, development standards and design guidelines required for the implementation of the approved land use plan. The Specific Plan also provides the parameters to implement the Land Use Plan by establishing policies and regulations that will replace and supersede the current property zoning and other Town development regulations. The Plan is regulatory and adopted by ordinance. The authority for preparation of Specific Plans is found in the Arizona Revised Statutes, 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 Plan, and further, the law allows for their review and adoption. This specific plan is consistent with Marana General Plan approved and adopted on March 11, 2003 as authorized by public vote in accordance with the Growing Smarter Plus Act of 2000. The Specific Plan is a tool used to implement the Town of Marana General Plan and the Northwest Marana Area Plan at a more detailed site-specific level for a focused area. The Specific Plan articulates the planning considerations for such parcels and imposes regulations or controls on the use of such parcels. Sanders Grove will be designed to accommodate growth in an area used for agricultural purposes, and at the same time, respect its agricultural and cultural history. Future demand for housing will continue to increase in this area. This specific plan will provide housing options, commercial areas and open space/recreation opportunities to support the greater Northwest Marana community. The required infrastructure will be implemented in phases according to residential build-out. Sanders Grove Specific Plan Marana, Arizona I-1 Introduction B. Location The Sanders Grove Specific Plan lies in the Rural Northwest planning area of the Town of Maranao It is bounded by Sanders Road on the east, Marana Road on the south, Wentz Road on the west and Hardin Road on the north. Interstate 10 is adjacent to the northeast boundary of the project site. The property lies within Sections 17 and 20 of Township 11 South, Range 11 East. This location is approximately 1.3 miles south of the Pinal County/Pima County line and 1.6 miles northwest of the Marana Municipal Complex in a generally agricultural area consisting of terraced fields, access roads and irrigation canals. It is approximately one mile west of the Maranaflnterstate 10 interchange. See Exhibit I.B: Location and Vicinity Map. C. Authority and Scope The authority for the preparation of specific plans is found in Arizona Revised Statutes, Section 9-461.08. State law allows the preparation of specific plans based on the general plan, as may be required for the systematic execution of the general plan. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of specific plans in Marana. Pursuant to these state statutes and Town of Marana 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council after which the Specific Plan Ordinance may be adopted by the Town Council and become effective. The Sanders Grove Specific Plan is a regulatory plan, which, once adopted, will serve as the zoning and development code for the subject property. Subdivision plats and any other development approvals must be consistent with the Specific Plan. D. Legal Description A copy of the legal description for the project site is included in Appendix A. Sanders Grove Specific Plan Marana, Arizona I-3 Introduction Pin~a County Exhibit LB: Location and Vicinity Map M~r~nB Podfons of Se~l~s t? ~nd 20. P~cel ID'l 2~?.24.0020, 2t7-24.00t0~ 2~7-t?.0030, 2t7-t?-0020 Legend ~ Project Site Marana Municipal Complex THE PLANNING I~ ' /1 CENTER ~ ~ uv~ ~~~) 0 ~ Fe~ Sanders Grove Specific Plan Marana, Arizona I-4 II. Development Capability Report Development Capability Report A. Introduction The primary purpose of the Development Capability Report section of the Sanders Grove Specific Plan is to present the opportunities and constraints and various physical components existing on the property. The synthesis and analysis of the existing characteristics can then provide a means whereby development occurs in a sensitive and responsive manner to the physical conditions of the site. The Development Capability Report follows the Town of Marana requirements provided in 05.06.02 (D) of the Town of Marana Land Development Code. Pursuant to such requirements, the following physical components of the site were compiled to assess the suitability of the property for development: 1. Topography and Slope Analysis; 2. Hydrology and Water Resources; 3. Vegetation and Wildlife Habitat; 4. Geology and Soils; 5. Paleontological and Cultural (Archaeological and Historical) Resources; 6. Viewsheds; 7. Existing Structures, Roads and other Development; and 8. Existing Infrastructure and Public Services. B. Environmental Overview The Sonoran Desert is divided into several subdivisions based upon characteristic vegetation and topography. The project area is located within the Arizona Upland Subdivision of the Sonoran Desertscrub biome as classified by Brown (1994). However, the project area is located on lands currently and historically used for agricultural purposes. Therefore, the land is highly disturbed and contains little native vegetation. Terrain is flat with elevation ranging from 1,942 to 1,965 feet above sea level. See Exhibit II.B: Aerial Photograph. Sanders Grove Specific Plan Marana, Arizona I1-1 Development Capability Report Exhibit II.B: Aerial Photograph Legend Project Sits ....... Streets NG CENTER 0 2000 Feet Sanders Grove Specific Plan Marana, Arizona II-2 Development Capability Report C. Site Analysis 1. Topography and Slope Analysis The property is located at an elevation that ranges from approximately 1,942 feet (on the west) to 1,965 feet (on the east). The regional topographic gradient trends move from the east in a northwesterly direction. a. Topographic Characteristics Existing topography at 1' contour intervals is shown on Exhibit II.C: Topography. (1). Hillside Conservation Areas: There are no Hillside Conservation Areas on the subject property. (2). Rock Outcrops: There are no rock outcrops on the subject site. (3). Slopes of 15% or Greater: There are no slopes of 15% or greater on the subject property. (4) Other Significant Topographic Features: There are no topographic features such as ridges or peaks affecting the site. However, there are existing irrigation and drainage ditches running through the site. b. Predevelopment Cross-slope Existing site topography from the Marana, AZ USGS 1:24,000 Topographic Quadrangle shows that there is a slope of approximately 0.30% from the southeast corner of the site to the northwest corner. Most notably, it has been leveled and cultivated for agricultural purposes. Sanders Grove Specific Plan Marana, Arizona 1I-3 Development Capability Report Exhibit II.C: Topography On-Site LOw ~ ~ LEGEND .... Property Boundary m ..-- .,,= Existing Right-of-Way Notes: 1.1' Contour Intervals 88 PLANNING I CENTER 500' Pm,~ Sanders Grove Specific Plan Marana, Arizona II-4 Development Capability Report 2. Hydrology and Water Resources This portion of the Sanders Grove Specific Plan includes predevelopment on- site and off-site hydrologic characteristics and water resources. In July 2003, CMG Drainage Engineering, Inc. conducted a preliminary drainage assessment on the project site. a. Off-site Watersheds The property is affected by off-site drainage emanating from the Tortolita Mountains. A majority of this drainage is controlled by several manmade features such as the Central Arizona Project Canal, Union Pacific Railroad and Interstate 10 west and eastbound lanes. As a result of these manmade features, a limited amount of off-site drainage reaches the site. Runoff from the Tortolita watersheds commingles where it ponds behind the CAP canal or along the Union Pacific Railroad. As such, the boundary of the contributing watershed and basin area cannot be precisely defined. Tortolita Mountain watersheds south and east of the project (as delineated in the Town of Marana Master Drainage Study) are the areas that can potentially contribute some storm water to the site. A portion of the property in the southwest comer is located within the FEMA Zone AE for the Santa Cruz River. b. Off-site Features Under existing conditions, a limited amount of off-site drainage reaches the property site due to the infrastructure already in place along 1-10 Frontage Roads, culverts, elevated irrigation canals and public roads. There is minimal runoff from adjacent farms due to land leveling, internal berms or canals. Among the five concentration points delineated in the preliminary CMG Drainage Engineering, Inc. report and The Town of Marana Storm Water Master Plan, only two have the potential to reach the site. CP #35 at the Marana Road/I-10 Interchange has a 100-year storm discharge of 186 cfs. CP #37, located between Hardin Road and Kirby Hughes Road, has a 950 cfs flow during the 100-year storm event. Flows at CP #36, #38 and #39 are diverted north between 1-10 and the westbound Frontage Road, thereby, never reaching the site. Sanders Grove Specific Plan Marana, Arizona I1-5 Development Capability Report Co Predevelopment On-site Hydrology The on-site drainage is conveyed in a northwesterly direction as sheet flow. However, due to leveling of the land for agricultural purposes, there presently is no measurable runoff from the property. In a storm event, water would flow in a northwesterly direction and accumulate along Wentz Road, where it then flows north toward Hardin Road. At the Wentz Road/Hardin Road intersection, stormwater drains to the west in an existing drainage ditch. A portion of the southwest corner of the property is located within FEMA Zone AE floodplain area for the Santa Cruz River. Further hydrological studies will be conducted to provide updated information by CMG Drainage Engineering, Inc. These studies will be completed during the subdivision platting process and as a part of the master drainage study. The FEMA Flood Insurance Rate Maps for the project site are 04019C0960K and 04019C0980K; both with effective dates of February 8, 1999. There are no washes on the project site. Floodplain areas associated with Tortolita Mountain watersheds are unknown since flow patterns are undefined. However, some shallow sheet flooding may occur in conjunction with storm water entering the site at CP#37. See Exhibit II. C.2.c: Predevelopment Hydrology. Sanders Grove Specific Plan Marana, Arizona 11-6 / On-S~te Low Point- Development Capability Report Exhibit H.C.2.c: Predevelopment Hydrology EXISTING DI~A.'C~IAGE ~flT~CH CP//39 IRRIGATION*'~i~AL %, / FRONTAGE ROAD -.~ 1- 10'x4' CBC O~=Ocfs cP~ss ~ FRONTAGE ROAD __~~ 6-10'x4' CBC ~ CP~57 ~ / 1-10 E/W ~ ~ 4-10'x4' CBC ~.~ ,~ . ~ Q~m=950cfs i-7o S/W 4-10'x5' CBC xx~ O,~=Ocfs LOCAL DRAINAGE ~OAD I I=l C~W Point CP~55 I- 10 UNDERPASS Q~- 186cfs O~o-888cfs LEGEND PROPERTY BOUNDARY EXISTING RIGHT-OF-WAY FEMA FLOODPLAIN Sanders Grove Specific Plan Marana, Arizona THE PLANNING CENTER 1105. CHURCH AVE., SUITE 6320 TUCSON, AZ 85701 (529) 6238148 II-7 Development Capability Report 3. Vegetation and Wildlife Habitat This portion of the Sanders Grove Specific Plan includes vegetative communities and associations and wildlife habitats identified within the site. a. Vegetative Communities and Associations on the Site The project area is located within the Arizona Upland Subdivision of the Sonoran Desertscrub biome as classified by Brown (1994). The Sonoran Desert is divided into several subdivisions based upon characteristic vegetation and topography. However, native vegetation is not present on-site due to its agricultural uses. The site is currently being farmed for cotton. (1) Significant Cacti and Groups of Trees and Federally-Listed Threatened or Endangered Species: Westland Resources, Inc. conducted a Biological Evaluation of the project site during July, 2003. No native or significant vegetation exists on the project site. (2) General Wildlife: Wildlife or signs of wildlife observed in the project area included species that are common for agricultural uses including, the common raven (Corvux corax), lesser nighthawk (Chordeiles acutipennis), roadrunner (Geococcyx californianus), white-winged dove (Zenaida asiatica), Gambels quail (Callipepla gambelii), mourning dove (Zenaida macroura) and a great-tailed grackle (Quiscalus mexicanus). A pair of Mexican ducks (Anas platrhynchos diazi) was observed in the irrigation canal to the north. Common mammalian species expected to occur on-site are Coyote (Canis latrans), black-tailed jackrabbit (Lepus californicus), striped skunk (Mephitus mephitus) and Arizona Cotton Rat (Sigmodon arizonae). Reptilian species known to occur on this type of land use include Sonoran gopher snake (Pituophis catenifer affinis), desert coachwhip (Masticophis flagellum) and various whiptail lizards (Cnemidophorus sp.). No mammals or reptiles were observed on-site. Sanders Grove Specific Plan Marana, Arizona II-8 Development Capability Report (3) Vegetative Densities: On-site vegetation densities are measured using aerial photographs and verified during field inventories. Vegetation canopy coverage for shrubs and trees is calculated using aerial photographs but perennial grasses and ground covers were not considered. The entire site consists of very low-density vegetation, with the entire site graded for agricultural purposes. Mature tree groupings exist around the existing residential structures and they line the irrigation canal on the north side of Hardin Road. See Exhibit II.C.3.a (3): Vegetation Densities. b. Letter from the Arizona Game and Fish Department A letter from the Phoenix Regional Office of the Arizona State Game and Fish Department (A.G.F.D.) is included in this report. The Department's Heritage Data Management System (HDMS) has been accessed and current records show that special status species have been documented as occurring in the project area (3-mile buffer). Nonetheless, Interstate 10 acts as a barrier to connectivity for wildlife corridors and the historical agricultural use of the property does not provide suitable habitat for the Cactus Ferruginous Pygmy-Owl. A survey for the burrowing owl has been recommended prior to any clearing by the Arizona Game and Fish Department. See Exhibit II.C.3.b: Arizona Game and Fish Department Letter. Sanders Grove Specific Plan Marana, Arizona II-9 Development Capability Report (1) Threatened or Endangered Species: According to the A.G.F.D., the following species may potentially occur on or in the immediate vicinity of the proposed project: TABLE 1: POTENTIALLY OCCURRING THREATENED OR ENDANGERED SPECIES Gopherus Agass&ii Species of Concern, Wildlife Sonoran Desert Tortoise (Sonoran Population) of Special Concern Yellow-Nosed Cotton Rat Sismodon Ochro~nathus Species of Concern Cactus Ferruginous Pygmy- Glaucidium Brasilianum Listed Endangered, Wildlife Owl Cactorum of Special Concern Source: Ar&ona State Game and Fish Department Letter, 2003 Westland Resources conducted an Environmental Due Diligence Report of the Sanders Grove property in July 2003. Their conclusions and recommendations suggested the following: Investigation of the property through site visits and information made available from the United States Fish and Wildlife Service, Arizona Game and Fish and other agencies indicate that there is no reasonable potential for any federally listed Endangered Species to occur on the property. The project site occurs outside of proposed and designated critical habitat for both the Cactus Ferruginous Pygmy-Owl and the Pima Pineapple Cactus. It is recommended that a survey for the burrowing owl be done on the property before any land clearing activities take place, excluding any clearing related to the property's historical agricultural use. The Town of Marana may list the species in their Habitat Conservation Plan. (2) High Densities of a Given Species: There are no high densities of a given species within the project area. (3) Aquatic or Riparian Ecosystems: There are no aquatic or riparian ecosystems within the project site. Sanders Grove Specific Plan Marana, Arizona II-lO Development Capability Report Exhibit II.C.3.a.(3): Vegetation Densities ry Low Density VeGet~tion OTrees Note: No native vegetation on-site (agricutural use only). / I 'q ~ PLANNING [ ' ,"1 ~ CENTER \-.. / ~ 110 E~. CHURCH AVE.. GU TE~320 , ~ ........ · | "RJC~ON. AZ 85701 {5_~.0) 623,61146 PK~ #: DVP20 0 1500 Feet Sanders Grove Specific Plan Marana, Arizona II-11 Development Capability Report Exhibit ILC.3ob: Arizona Game and Fish Department Letter GAiVlE AND FISH DEPARTMENT Special Status Specie:; lnffm]mtion lbr l'o,~nship 11 South, Range I I East, %ecfions I 7 a~d 20; Proposed Planned CommuniO, al V~:enlz Road and Trico ¥1arana Rand, 'tucson Mountains-ivra Valley Subregion. ibc Arizomt Game aad Fish Deparm~ent (I)epar/menl) has ~'eviewcd yom' requcsL da~cd October 2t. 2003 regarding special stains species hffbm-mtkm associated with thc aho~e<'cibrenced prq}cc~ a'ca. Thc Deparimem~s l leritage I)ala Managemcn~ System {ttDMS) h>~x been accessed and currem records show that the special slams species listed on the miachmem }rove been documemed as occurring in the prqicct area G-mile bullbr). In addifiom tiffs pr%iecl occm5 x<i!hin lhex icinib of Pt~oposed Critical I tabitai tbr the cactus IN-ruginous pygmy-owL INe Department's ill)MS data are not imended to h~clude potemial distribmion et special slams species. Arizona is large and diverse witi~ ptams, animals, and envirom~cmal co ~didons ihal arc cvc~ changing ('onscq[tcnfly. man} at'cas may contain species d~ai biologists do not lcno~ xbOnl has been smTeycd lkx' special slams species, m~d surveys that have bccn couduned htnc varied MakNg lvailabie ll&~ inibrmation does not substitute fi,' thc l)cpartment's l'evic~x, o1' m'oicc! lx'oposals, a~d should noi decrease our opportunities to foxier, ami e~aluatc proposals and sites. Ilk' Department is also concerned ahom other resource ~ alucs, such xqldlit'k Jnch. tding game species and x~ildlil;z-rclatcd recreaficm. Fhe l)cparimenl q>l-,ccia/c thc oppolltm]l> Io provi&' an cxahmlion of impacts i() wildlilk- m ~.~itdtiik' habha{s assoCialed xxhh prq}cc~ aciixJlies occurring in Iht subicct area, wberl specific derails become axailablc Sanders Grove Specific Plan Marana, Arizona II-12 Development Capability Report Exhibit II.C.3.b: Arizona Game and Fish Department Letter cont. MI. led tierman November 6. If you have any quesdous regarding the attached species }isl, please contact me al 4602) 78% 3618. General stalus inlk~rmation, state-wide and counly distribution lists, and abstFacls ibr some special status species arc also available on our web silo al: ~1!p::Twww.azalkl.com/hdms, S incm-d y, Sabra S. Schwartz Hcritaoe Data Management System. Coordinalor SSS:ss Attachment Bob Broscheid. Project Evaluation Program Supervisor Joan Scott. Habital Program Manager. Regiou V AGFD # 10-22-03(10) Sanders Grove Specific Plan Marana, Arizona 11-13 Development Capability Report Exhibit H.C.3.b: Arizona Game and Fish Department Letter cont. Special Status Species within 3 Miles of TlIS,R11E Sec 17, 20 Arizona Game and Fish Department. Heritage Data Management System November 6 2003 Scientific Name Common Name ESA USFS BLM WSCA NPL Gopt~erus agassizii (Sonoran population) Sigmodon ochrognathus Cactus Ferruginous Pygmy-owl LE WSC Sonoran Deseri Tortoise SC WSC Yellow-nosed Cotton Rat SC Proposed Critical Habitat for the cactus ferruginous pygmy-owl in project area (~1 mile Nodh). AGFD # I0-22-03 (10), Proposed Planned Community at Wentz Road and Trico Marana Road, Sanders Grove Specific Plan Marana, Arizona II-14 Development Capability Report 4. Geology and Soils This portion of the Sanders Grove Specific Plan identifies geologic features and soil associations within the site. a. Geologic Features The property is located at an elevation that ranges from approximately 1,965 feet (on the east) to 1,942 feet (on the west). The regional topographic gradient trends move from the east to the west- northwest. The following information is based on a geotechnical report prepared by Terracon on June 24, 2003. Soils According to Geologic Map of Pima and Santa Cruz Counties, Arizona (Wilson, et al, 1960), the site lies on alluvial deposits consisting of sand, silt and gravel. The alluvial soils generally included deposits of silt, clayey silt and sandy silt underlain by deposits of sand that contain varying amounts of silt and gravel. Subsurface investigation of the site uncovered soils consisting mostly of sandy lean clays, clayey sands, silty sands and sand. In some areas the upper 1 to 2 feet of soils were disturbed due to agricultural uses. The sand soils generally range from very loose to medium-dense in relative density° The clay soils were typically soft to stiff. Tests showed a moderate potential of "collapsible" or hydro~ compactive soil. The subsoil exhibits low-compression at in-situ moisture contents and low to moderate tendency for hydro- compaction, or additional settlement, when elevated in moisture content. Near-surface soils exhibited low to moderate expansion potential under light loading conditions. Based on the results of the preliminary Terracon investigation, the proposed development appears feasible from a geotechnical standpoint. A final report will be completed during the platting stage. Sanders Grove Specific Plan Marana, Arizona 11-15 Development Capability Report 5. Paleontological and Cultural Resources This portion of the Sanders Grove Specific Plan identifies paleontological and cultural resources within the site. Such resources comprise both cultural artifacts and non-cultural remains (paleontological evidence) and include archaeological and historical components. a. Location of Resources On-Site Desert Archaeology, Inc. conducted a Cultural Resources Records Check of the Sanders Grove Specific Plan area in June of 2003. It was determined that approximately 15 percent of the project site was surveyed in 1983. No areas of significance were found. Plowing of the land, coupled with terracing, has left much of the topsoil disturbed, thereby destroying any intact surface features. The northern boundary appears to be the most likely place to encounter shallow intact deposits. It is possible that mechanically-disturbed artifacts could be encountered anywhere within the project site° There are several significant sites that occur within one-mile of the project site. It is possible that site AZ AA:12:898 may extend into the site. This site is located northeast of the project site along the 1-10 Frontage Road. Two other sites (AZ AA 12:741 and 897) are located in close proximity of the project site along 1-10. Desert Archaeology recommends a surface survey of the entire project area to determine if other sites exist. As dictated by Arizona Revised Statute §41-865, should any human remains or funerary objects be uncovered during construction work, all work will be stopped in the area of the discovery and the Director of the Arizona State Museum will be immediately notified of the discovery. Action must then be taken to prevent further disturbance on such remains. The Director of the Arizona State Museum will have ten working days to respond to any request to proceed in ground-disturbing activities. Sanders Grove Specific Plan Marana, Arizona 11-16 Development Capability Report b. Letter from Arizona State Museum The Arizona State Museum (ASM) indicated that a survey was done on portions of the project site in 1983. Therefore, the ASM recommends an archaeological surface inspection of all areas to determine if important yet unreported prehistoric or historic sites are on the land. The ASM further recommends that site AZ AA:12:898 be evaluated by an archaeological contractor to determine if it extends onto the project site. See Exhibit II.C.5.b: Arizona State Museum Letter. Sanders Grove Specific Plan Marana, Arizona II-17 Development Capability Report Exhibit H.C.5.b: Arizona State Museum Letter ~,\X (520) THE UN~V£P,.SUY OF ARIZONA, TUCS,0N ,~RIZONA October 28, 2003 Ted Herm~m, Planner The Planning Ccmter 110 South Churd~ St. Tucson, Arizona g5701 Re: Archaeological Records Chectc related to a proposed planned community of± 830 acres at Trico Marana and We. nm Roads, in S 1 ? and thc N ',5 of $20 T 11 S, R I I E, Salt and Oil~ River Baseline and Meridian. D~mr .Mr. Herman: O~ Omober 2 l., 2003, you requested an archaeological records check related to the above-referenced project containing parcel #s 217-17-0020, -17-0030, -24-0020, and -24-00 i0. I have consulted our records with the following results. The Arizons State Mtto, eum (ASM) archaeological re~ords indicate that parts of the property, were surveyed by University of Arizona graduate students in 1983 ss part o£the Northm'n Tucson Basin Sva'vey. The surveyed area consists of linear areas that ~ross parts of the property. The rc-mainder o£the property has not been examined for ~rchaeological resources. As this survey, was done by .~tudents and is 20 y~rs old, thc ASM recommends a surface survey of'he entire property to deterrmne if important yet unreported prehistoric or historic sites are on the land. Several sm'vey, s have been done along the 1-10 corridor that borders the NE comer of the Project Site. One site is knowm thru may extend J. nto the property: AZ AA:12:$98. Two other sites are dose to the property: AZ AA: 12:74I and 89'/(ASM). The archaeologist you choose deterrmnc whether any of these resources will be impacted by the project. Please con.suit the list of archaeological contractors for 2003 enclosed in my prexdous letter, or obtain an updated list at any, time from our web site at: http://www, staterrm scrim.arizona, edu/profsvcs/permits/permittces.asp. Archaeological surface inspection required under city or county ordinance, or a fc'd~at regulation, will require a written report describing the results of the sm-face inspection and ~dll include recommen.dations, The archaeologist you select should p~epare your repor~ using the standards rifled: &an, lards For Con&~cting and Reporting CulmraI Resource Sur~e):~ Most contractors in Arizona have a copy o£ these standards. You are responsible for providing the report to the appropriate of'flee requiring the inspection. When surface inspections are required on private lands under eib' or county ordinance the archaeologisl will also submitted copies of yotrr report to the appropriate archaeological site file oI"fice. I£you have selected an archaeologist from the list provided, that contractor knows where and when Io submit reports. If you have questions or need further assistance please contact me. Sincerely, Su Ben,ton Assistant Peri'mrs Admini s~'ator 520-621-20% or FAX at 520-621-2976 sb~noron{~emaiI.ari~ona edu Sanders Grove Specific Plan Marana, Arizona II-18 Development Capability Report 6. Viewsheds a. Viewsheds Onto and Across the Site Views onto the site from adjacent areas primarily consist of flat agricultural fields with views of surrounding mountain ranges in the distance including the Silverbell Mountains to the northwest, the Picacho Mountains to the north, the Tortolita Mountains to the northeast and the Tucson Mountains to the south and southwest. There are a few large trees located near the center of the site on Sagebrush Road that are also visible from adjacent areas. Due to the lack of on-site topographic and vegetative features, views across the majority of the project site are currently available. Exhibit II.C. 6.a.(1): Views indicates the locations from which the photos were taken. Site photos are included below under Exhibit II.C.6.a.(2): Site Photos. b. Off-site Viewsheds Co Interstate 10 borders the property on the northeast. Because the freeway is basically at-grade with the project site, traffic is visible from most areas on the property. Beyond the freeway, the Tortolita Mountains can be seen in the distance. Views to the south include the Tucson Mountains. The Picacho Mountains can be seen from the property to the north. In nearly all directions, views of adjacent properties primarily consist of single-family residences and agricultural fields. The following photographs of off-site views were taken from various points on the project site. Please refer to Exhibit II.C.6.a.(1): Views for photo locations. See Exhibit II.C.6. b: Off-site Viewsheds. Visibility from Adjacent Off-site Locations Because there is little or no slope on the subject property and very little vegetation, the site primarily has high visibility of distant viewsheds. The areas of the project that will be most visible from off-site locations are along the Frontage Road and 1-10 freeway corridor and the neighbors along Wentz Road. See Exhibit II.C.6.c: Visibility. Sanders Grove Specific Plan Marana, Arizona 11-19 Development Capability Report Exhibit IL C.6.a.(1): 'Views Legend Project Site Streets THE PLANNINGCENTER F~ Sanders Grove Specific Plan Marana, Arizona 11-20 Development Capability Report Exhibit ILC.6.a (2): Site Photos Photo 1: View looking northeast across the site from Marana Rd. & Wentz Rd. Photo 2: View looking west across the site from Sanders Rd~ near Marana Rd. Photo 3: View looking southwest across the site from Sanders Rd. & 1-10 Frontage Rd. (Tucson Mtnso in the distance} Sanders Grove Specific Plan Marana, Arizona 11-21 Development Capability Report Exhibit H.C.6.a (2): Site Photos cont. Photo 4: View looking east across the site at the Tortolita Mtns. from Wentz Rd Photo 5: View looking west across the site from Sanders Rd. and 1-10 Frontage Rd. Sanders Grove Specific Plan Marana, Arizona II-22 Development Capability Report Exhibit II.C.6.b: Off-site Viewsheds Photo 6: View looking southwest (off-site) from Hardin Rd. & Wentz Rd. Photo 7: View looking west (off-site) from Hardin Rd. & Wentz Rd. Photo 8: View looking southwest (off-site) at home on Wentz Rd. Sanders Grove Specific Plan Marana, Arizona 11-23 Development Capability Report Exhibit ILC. 6. b: Off-site Viewsheds cont. Photo 9: View looking southeast (off-site) from Sanders Rd. & 1-10 Frontage Rd. Photo 10: View looking east (off-site) at UA Research Facility from Sanders Rdo near Marana Rd. Photo 11: View looking (off-site) from Wentz Rd. Sanders Grove Specific Plan Marana, Arizona II-24 Development Capability Report Exhibit H.C.6.c: Visibility Project Site Leaend of High Visibility from /" .... "'"~ PLANNING CENTER ~'~'---~--."/I ~ ~'o ~. ~...~. ^vE., ~,~ ~o TUCS_~_pN...,~ ~5701 t~) 62~6146 0 ~5~ F~ Sanders Grove Specific Plan Marana. Arizona II-25 Development Capability Report 7. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map displayed as Exhibit II.C.7: Composite Map. Sanders Grove Specific Plan Marana, Arizona 11-26 Development Capability Report Exhibit H.C. 7: Composite Map CP~$6 1-10 E/W ~ ,. 4-10'x3' CBC ~,. O~.Ocfs OB- 186cfs LEGEND Property Boundary Irrigation Canols View Corddor ~THE PLANNING CENTER Sanders Grove Specific Plan Marana, Arizona II-27 Development Capability Report 8. Existing Land Uses This section of the Development Capability Report identifies existing structures within the site, adjacent lots and structures within 150 feet of the plan boundary, existing land uses within the site, surrounding property within 1/4 mile radius (existing zoning and existing land uses), traffic circulation or existing road system network serving the project site and other development within the project area. a. Site Location Located north of Marana Road in Marana, Arizona, the project site is approximately 1.3 miles south of the Pima County/Pinal County line in an agricultural area consisting of terraced fields, access roads and canals. The Sanders Grove Specific Plan lies in the Rural Northwest planning area of the Northwest Marana Area Plan. The eastern boundary of the site is adjacent to North Sanders Road. Its northern boundary is located adjacent to and south of West Hardin Road. The western boundary of the site is located east of North Wentz Road. The southern boundary of the site is adjacent to Marana Road. Interstate 10 is northeast of the project site. The property lies within Sections 20 and 17 of Township 11 South, Range 11 East. It is approximately one mile west of the Marana/Interstate 10 Interchange and approximately 1.3 miles south of the Pima/Pinal County line. See Exhibit I.B: Location and Vicinity Map. b. Existing Structures within the Site There are three mobile homes and one site-built home along Sagebrush Road. c. Existing Land Uses within the Site (1) Existing Land Uses On-Site See Exhibit II.C.8.c (1): Existing Land Uses On-Site. Sanders Grove Specific Plan Marana, Arizona II-28 Development Capability Report The project area is located on lands currently and historically used for agricultural purposes. Presently, a variety of crops are grown on the land including, cotton and other crops. The land has been highly disturbed and contains little vegetation with several fallow dirt fields. Currently, there are four residential structures in the center of the site along Sagebrush Road. Mesquite trees are located at the perimeter of the parcel along an irrigation canal to the north. de (2) Existing Zoning On-Site. The entire parcel is designated as R-144 (Single-Family Residential). See Exhibit II.C.8.c (2): Existing Zoning. Existing Property within % Mile Radius (1) Existing Zoning within 1/4 Mile of the Site. See Exhibit II.C.8.c (2): Existing Zoning. TABLE 2 EXISTING ZONING WITHIN A 1/4 MILE OF THE SITE North: R-144 (Single-Family Residential) Zone A (Small Lot Zone-less than 2.5 acres); West: Zone B (Medium Lot Zone) East: R-144 (Single-Family Residential) South: Zone A (Small Lot Zone-less than 2.5 acres) LI (Light Industrial); E (Transportation Northeast: Corridor Zone--east of 1-10) (2) Existing Land Use within 1/4 Mile of the Site. The site is surrounded by vacant, agricultural, public, railroad and residential uses. Land to the north and northeast of the site (across 1-10) is currently vacant or owned by Union Pacific Railroad. The majority of development adjacent to the site is to the west. It is residential in nature and contains both mobile Sanders Grove Specific Plan Marana, Arizona II-29 Development Capability Report homes and single-family detached housing. Land to the east is owned by the Arizona Board of Regents and is currently an experimental farm with agricultural uses. The Lim property, also to the east of the project site, contains agricultural uses. Land to the south is vacanL See Exhibit IL C.8.d (2): Existing Land Uses Off-Site. TABLE 3 EXISTING LAND USES WITHIN A 1/4 MILE RADIUS OF THE SITE North: Vacant Field Crops South: Vacant Field Crops Vacant Field Crops; UA Experimental Farm; East: Other Al~ricultural Uses West: Vacant Field Crops; Residential (3) Building Heights. The majority of the land within a 1/4-mile radius of the project site is currently vacant, used for agricultural purposes. There are several single-family residences to the west of the site; horses are kept on some of the properties. This area is comprised mostly of single-story mobile and single-family detached housing. There is one two-story ranch house just south of Hardin Road on Wentz Road. (4) Pending Rezonings within ~A Mile. There are no pending rezonings within V4 mile of the subject property. (5) Conditional Rezonings. There are no pending conditional rezonings within V4 mile of the subject property. (6) Subdivision/Development Plans Approved. No subdiVision or development plans have been approved in the immediate area surrounding the project site. However, several Sanders Grove Specific Plan Marana, Arizona 11-30 Development Capability Report projects have been approved within the Northwest Marana Area including Rancho Marana 154, Vanderbilt Farms and Gladden Farms, all near the Town Center, and San Lucas, which is east of Interstate 10. Sanders Grove Specific Plan Marana, Arizona 11-31 Development Capability Report Exhibit ILC.8. c.(1): Existing Land Uses On-Site Legend Project Site Existing Irrigation Canals THE '~"J ~ PLANNING ~ CENTER TUCSON. AZ 857'01 (520) 623,-6146 1500 Feot Sanders Grove Specific Plan Marana, Arizona II-32 Development Capability Report Exhibit II. C.8, c. (2): Existing Zoning Legend THE PLANNING CENTER 2~0 F~t Sanders Grove Specific Plan Marana, Arizona II-33 Development Capability Report Exhibit H.C.8.d.(3): Existing Land Uses Off-Site Legend 100 Foot Radius ~ Wells 1/4 Mile Radius Project Site :~,~,, 2-Story Home THE PLANNING ~,~ CENTER 2~ F~t Sanders Grove Specific Plan Marana, Arizona II-34 Development Capability Report e. Adjacent Development Homes in the immediate area contain a mixture of architectural styles, including site-built homes with a southwestern architectural theme and manufactured/mobile housing units. Some properties to the west along Wentz Road are horse ranches for private use. The University of Arizona Experimental Farm lies to the east of the property on the northeast comer of Marana Road and Sanders Road. See Exhibit II. C.8.e: Adjacent Development. Wells According to the Arizona Department of Water Resources and the Pima County Land Information Systems, three wells exist on-site. All three wells (#800604, 801413 and 621896) are located on parcel 217-17- 0030 north of Sagebrush Road. Well #800604 is owned by LDS Real Estate Division; it was restored and re-equipped in 2000 and has since been used for irrigation purposes. The remaining two wells are owned by Cortaro Marana Irrigation District. Well #621896 is no longer in use. The current status of the third well identified on the property is unknown. See Exhibit II.C. 8.d.(2): Existing Land Uses On-Site. g. Inventory of Adjacent Structures This section identifies existing structures within 150 feet of the Plan boundary and provides the approximate location, existing use, building height for structures identified during a field inventory. Table 4 on page II-39 describes existing structures and uses identified within 150 feet of the Plan boundary. Based on the inventory, there are 12 parcels within 150 feet of the project site that are currently being used for residential purposes. Sanders Grove Specific Plan Marana, Arizona II-35 Development Capability Report Exhibit I1. C.8.e: Adjacent Development Photo 1: 2-stor-y house along Wentz Road, south of Hardin Photo 2: Manufactured home along Wentz Road Photo 3: Home along Wentz Road Sanders Grove Specific Plan Marana, Arizona II-36 Development Capability Report Photo 5: Home along Wentz Road Exhibit H.C.8.e: Adjacent Development continued Photo 4: Single-family home along Wentz Road Photo 6: Multiple homes along Wentz Road Sanders Grove Specific Plan Marana, Arizona II-37 Development Capability Report Exhibit ILC.8.e: Adjacent Development continued Photo 7: Home along Sagebrush Road Photo 8: Mobile homes along Sagebrush Road Sanders Grove Specific Plan Marana, Arizona II-38 Development Capability Report TABLE 4 EXISTING STRUCTURES AND USES WITHIN 150 FEET OF THE PROJECT SITE KAI TRUST 51.25% & JOHN KAI JR LLC I 217-07-004G 24.375% &KAI HERBERT 24.375% 36.17 Vacant/AG Field Crops Default KAl TRUST 51.25% & JOHN KAI JR LLC 2 217-07-004H 24.375% &KAI HERBERT 24.375% 458.17 Vacant/AG Field Crops Default County CORTARO-MARANA IRRIGATION Vacant 3 217-07-0060 DISTRICT 0.1 Vacant/AG Land 4 217-16-002A JOHN LIM & COMPANY INC 68.88 Vacant/AG Field Crops Default WILLIAMS EUGENE F & LEONA R Residential 5 217-18-001A TRUSTEES Owner OCC Residential 6 t 217-18-001B P 5 DEVELOPMENT LLC I Vacant/AG t Vacant I I WILLIAMSEUGENEF&LEONAR I Residential I Mobile Rural, non- 7 217-18-0020 TRUSTEES 0.86 Owner OCC Home subdivided SFR or CLARK TOM R ESTATE OF 1/2 & Affixed 8 217-18-003A CLARK KATHLEEN 1/2 19.75 Vacant/AG Field Crops Mobile Residential Mobile Non- 9 217-21-0010 GLOVER JAMES & KELLY TR 2.92 Owner OCC Home subdivided Undetermi Rural, non- 10 217-21-002C TREMBLE TROY D 3.76 Vacant/AG ned Use subdivided Undetermi Rural, non- 11 217-21-002E MURPHY DEVIN M & TERI L JT/RS 19.55 Vacant/AG ned Use subdivided MARTINEZ JULIO C & MICHELLE Residential Rural, non- 12 217-21-003A JT/RS 0.43 Owner OCC Residential subdivided MARTINEZ JT/RS Residential Rural, non- 13 217-21-003B RUDY R & PRISCILLA 0.43 Vacant/AG subdivided Residential Urban, non- 14 217-21-0040 VALENZUELA OFELIA SOTO 0.86 Owner OCC Residential subdivided MORALES ANTONIO L HERNANDEZ MARGARET MORALES MANUEL URQUIDES ESPERANZA M MORALES Residential Rural, non- 15 217-21-0050 RICHARD & MORALES RITA ET AL 0.86 Owner OCC Residential subdivided 16 217-21-016K TOWN OF MARANA 1 Vacant/AG Municipal Vacant Land Residential Mobile 17 217-21-016L STOVER TERRY 1 Owner OCC Home Subdivided 18 217-21-016P KURCZ LOTTIE A TR 22.52 Vacant/AG Residential Sanders Grove Specific Plan Marana, Arizona II-39 Development Capability Report County CORTARO-MARANA IRRIGATION Vacant 19 217-21-0170 DISTRICT 0.13 Vacant/AG Land Well Site Rural, non- 20 217-23-008K SMITH DALE D 4.41 Vacant/AG Residential subdivided Residential Rural, non- 21 217-23-008L SMITH LINDA SUE 1.03 Owner OCC Residential subdivided 22 I 217-23-008M PUC PROPERTIES 74.17 I Vacant/AG Field Crops Default Mixed 23 217-23-008P KELLY RICHARD J JR & SHARI S 84.83 Vacant/AG Field Crops Structures SAMUELSON ARNOLD PAUL & Limited 24 217-23-008R VIRGLYN IRENE TR 0.1 S Vacant/AG Use PALO VERDE PROPERTY Residential Rural, non- 25 217-23-008S MANAGEMENT 1.16 Owner OCC Residential subdivided Residential Rural, non- 26 217-23-008U WILSON GINGER D 2.5 Owner OCC Residential subdivided 27 217-23-0320 CORTARO FARMS LTD 154.59 Vacant/AG Field Crops Default SFR or Afx 28 217-24-0040 PVC PROPERTIES CORPORATION 158.17 Vacant/AG Field Crops Mobile CHU BUCK SAM 1/2 & CHU TZE SHAR Mixed AG & 29 217-24-005A TOM & ONG SUSAN TR 1/2 155.23 Vacant/AG Field Crops Non-AG Use State School 30 217-25-0060 ARIZONA BOARD OF REGENTS 119.09 Vacant/AG Property Default State School 31 217-25-0070 ARIZONA BOARD OF REGENTS 39.09 Vacant/AG Property Default DESERT HERITAGE LTD Field Crops Mixed 32 217-25-0080 PARTNERSHIP & CHU TZE SHAR TOM 295.13 Vacant/AG Structures Source: Pima County Assessor's Office, February 18, 2004 & Marana 835 Due Diligence Report. Morrison Maierle, August 21, 2003 See Exhibit II.C.8.g: Structures and Uses Within 150 Feet Key Map. Sanders Grove Specific Plan Marana, Arizona II-40 Development Capability Report Exhibit ILC.8.g: Structures and Uses Within 150 Feet Key Map ~end Project Site Streets Property Owner THE ~~ PLANNING I',, ' /t ~.CENTER 0 1500 Feet Sanders Grove Specific Plan Marana, Arizona I1-41 Development Capability Report h. Traffic Circulation and Road System This section identifies traffic circulation and the existing road system currently servicing the site. (1) Existing and Proposed Off-site Streets Existing roadways within the project area are shown on Exhibit II.C.8.h (1): On-Site Traffic Circulation. A traffic impact study will be prepared during the platting process. Three designated arterial roads currently serve the site, Marana Road, Sanders Road and Hardin Road. Marana Road provides easy access to Interstate 10o The 1-10/Marana Road Interchange is 1 mile east of the property. Marana Road is a two-lane paved road at the southern property boundary. Other roads currently serving the site include: Hardin Road (a dirt road to the north), Sanders Road (a dirt road to the east), Wentz Road (a two-lane paved road to the west) and the two-lane paved 1-10 Frontage Road to the northeast. (2) Existing Access and Right-of-Way This area of Marana has historically been used for agricultural uses; therefore, the infrastructure is not fully developed. The Northwest Marana Area Plan calls for arterial roads to have a 250- foot right-of-way and collectors roads to have a 190-foot right-of- way. Currently, none of the roads have been built to the full right- of-way. Marana Road, Wentz Road and Kirby Hughes are all 2- lane, publicly maintained paved roads with an existing continuous right-of-way of 60 feet. Sanders Road and Hardin Road are dirt roads with a public continuous right-of-way of 60 feet. Sagebrush Road is a dirt road, and our survey does not show a dedicated public right-of-way east of Wentz Road. See TABLE 5: ROADWAY INVENTORY for information regarding adjacent roadways. Sanders Grove Specific Plan Marana, Arizona II~42 Development Capability Report Exhibit H.C. 8.h.(1): On-Site Traffic Circulation Sagebrush Road Marana Road - 60' R.O.W. (250' Future ILO,W,) Future R.O.W.) Legend [~'~ mile radius Project Street ~ THE ~ PLANNING ~ CENTER 110 $. CHURCH A%~E., SUITE63213 Sanders Grove Specific Plan 0 3000 Feet 11-43 ~ Marana, Arizona Development Capability Report TABLE 5 ROADWAY INVENTORY Sanders Road Not Not Frontage Road to Arterial 60' (dirt 250' 250' Applicable Available Marana road) (dirt road) (dirt road) Marana Road Arterial 60' 250' 250' 2 45 ~entz to 1-10 Wentz Road Collector 60' 190'~ 60' 2 35 Hardin to Marana ~rby Hughes Collector 60' 190' 60' 2 35 ~entz to Sanders Hardin Road Not Not Not Luc~ett to Classified 60' 90' 60' Applicable Available FrontaseRoad (dirt road) (dirt road) Sagebrush Road Not Not Not To be Not Not ~entz to Sanders Classified Available Available abandoned Applicable Applicable 1-10 Frontage Arterial 100' 100' 100' 2 55 Road Following is a description and ground photograph of each roadway. (a) Marana Road Marana Road is an east-west oriented roadway that exists along the south side of the site. It is classified as an arterial roadway on the Northwest Area Plan Transportation Network. It is a two-lane paved roadway with ll-foot travel lanes and gravel shoulders. The road extends from Sandario Road on the east to Silverbell Road on the west, providing access to 1-10 through Sandario Road. Marana Road serves as a primary access to the rural communities and farms located west of Marana. Marana Road is operating at a level of service C adjacent to this property, which means it is in the range of stable flow. The Marana Interchange was shown to be operating at a level of service A, representing free flow, the best rating possible. Sanders Grove Specific Plan Marana, Arizona II-44 Development Capability Report Photo 10: Looking east along the property boundary and Marana Road from the corner of Marana Road and Wentz Road. (b) Wentz Road Wentz Road is a north-south oriented road on the west boundary of the property that is classified as a collector roadway. It is a two-lane paved road with a speed limit of 35 miles per hour. Wentz Road provides access to Hardin Road, Kirby Hughes Road, Sagebrush Road and Marana Roa& Irrigation canals line both sides of the road. Photo 11: Looking south along the property boundary and Wentz Road from the comer of Hardin Road and Wentz Road. Sanders Grove Specific Plan Marana, Arizona II-45 Development Capability Report (c) Hardin Road Hardin Road is an east-west oriented road along the northern boundary of the property. It is a dirt road and currently unclassified. ADOT is currently working on an 1-10 Corridor Study that shows a future interchange north of Hardin Road; however, this has not been included in the Marana Transportation Plano Photo 12: Looking east along the property boundary and Hardin Road from the comer of Wentz Road and Hardin Road. (d) Sanders Road Sanders Road is a dirt road between Marana Road and Hardin Road with drainage channels on each side. Sanders Road is classified as an arterial road according to the Northwest Marana Area Plan. It extends from Hardin Road on the north to Avra Valley Road on the south. It is planned as a primary north-south route through Northwest Maranao Photo 13: Looking north along the property boundary and Sanders Road from the comer of Marana Road and Sanders Road. Sanders Grove Specific Plan Marana, Arizona II-46 Development Capability Report (e) Sagebrush Road Sagebrush Road is a dirt road that bisects the southern third of the property. The Northwest Marana Area Plan and the Marana General Plan classify Sagebrush Road as a collector street from Luckett Road to Wentz Roads It is not classified on-site, and our survey does not show a dedicated public right-of-way. Photo 14: Looking east along Sagebrush Road from the center of the property. Sanders Grove Specific Plan Marana, Arizona II-47 Development Capability Report (3) Intersections The primary impact at existing intersections is expected to be at Sanders Road and Marana Road. A new loop road, serving as a residential collector within Sanders Grove, is proposed to connect to both Marana Road and Sanders Road, which will alleviate some of the impact on the other intersections surrounding the site. It is also expected that use of the Marana Road/I-10 interchange will increase as a result of this project. (4) Alternate Modes There are no sidewalks or designated bike routes along existing roadways surrounding the project. The public roadway standards for the Northwest Marana Area include sidewalks and paved, multi-use lanes on the arterial and major collector roadways. Local streets serving residential developments with densities higher than one home per acre also require curbs and sidewalks on both sides. "~, e, ~ o MARANA o ~ T~,~o~~~ ~ SERVICE AREA Frontage Roads unless w;athor or r~d ~'%.~ =1 el conditions require us~h~reeway. GRO~ RD. As shown the map above, the project is in the Marana Service area of Pima County's Rural Transit System. The site is serviced by a transit stop along Marana Road. Within the Town of Marana and the surrounding communities, the service operates as a fixed- route community circulator. The fare is 75¢ to $1.00 per ride, and Sanders Grove Specific Plan Marana, Arizona II-48 Development Capability Report the service is provided several times a day in each direction. Route-deviations are available on a next-day reservation basis to serve elderly persons and persons with disabilities. (5) Current Traffic Volumes and Level of Service Level of service (LOS) is a qualitative description of how well a roadway operates under prevailing traffic conditions. A grading system of A through F, similar to academic grades, is utilized. LOS A is free-flowing traffic, whereas LOS F is forced flow and extreme congestion. LOS C is the performance standard for Northwest Marana roadways. The current average daily traffic volumes (ADT), roadway capacity and LOS of the surrounding roadways and major access arterials are provided in TABLE 6: CURRENT ROADWAY PERFORMANCE belowL TABLE 6 CURRENT ROADWAY PERFORMANCE Road Segment Marana Rd. (Sanders to Wentz) Marana Rd. (Wentz to Luckett) Sanders Rd. (Avra Valley to Moore) Sanders Rd. (Moore to Marana) Wentz Rd. (Grier to Marana) Wentz Rd. (Marana to Hardin) Hardin Rd. (Luckett to Wentz) Hardin Rd. (Wentz to Sanders) Kirby Hughes Rd (Wentz to Sanders ADT Unavailable 2,200 2,800 Unavailable 100 Unavailable Unavailable 30 Unavailable Capacity Source/Yr @ LOS C PAG/2003 PAG/2002 PAG/2000 PAG/2003 PAG/2002 PAG/2003 PAG/2003 PAG/2002 Unavailable N/A 5,600 5,600 N/A 5,600 N/A N/A 5,600 N/A ~ Capacity and LOS adapted from Florida Department of Transportation Quality/Level of Service Handbook, 2002, Generalized Annual Average Daily Volumes for Areas Transitioninc~ into Urbanized Areas Sanders Grove Specific Plan II-49 Marana, Arizona Development Capability Report (6) Roadway Improvements TABLE 7: PROPOSED IMPROVEMENTS lists the proposed roadway improvements that improve access to the area according to the Pima Association of Governments 2001-2025 Regional Transportation Plan and the Arizona Department of Transportation Current-Five Year Transportation Facilities Construction Program (2004-2008). In addition, there are miscellaneous off-site improvements that are required to be constructed by the various developers in the Northwest Marana area. This information is not compiled. Sanders Grove Specific Plan Marana, Arizona 11-50 Development Capability Report Sponsor ADOT MARANA TABLE 7 PROPOSED IMPROVEMENTS Project Description Plan 1-10: Marana TI to North Count*l Line Widen to 8-lanes. 1-10: Marana TI to Cortaro Road TI Widen mainline and structures PAG 2025 PAG 2025 Sagebrush Road: Luckett Road to Wentz Road Construct new roadway Tangerine Farms Loop Rd: Tangerine Rd. to Marana Road at Interstate-lO Frontage Road Construct new 4-lane roadway Sanders Road: Avra Valley_ Road to Moore Road Widen to 4 lanes Marana Road: Sanders Road to Sandario Road Widen to 4 lanes, TI, SCR bridge Moore Road (Luckett Road): Marana Road to Pinal County line Widen to 4 lanes Marana Road: Sanders Road to Moore Road Widen to 4 lanes PAG 2025 Marana 2010 Marana 2020 Marana 2020 Marana 2020 Marana 2030 Sanders Grove Specific Plan Marana, Arizona 11-51 Development Capability Report (7) Existing Bicycle and Pedestrian Ways Adjacent to the Site There are no bicycle or pedestrian ways immediately adjacent to the project site. The nearest bicycle lane is provided along both the East and West 1-10 Frontage Roads and is for experienced riders only. 9. Existing Infrastructure and Public Services a. Open Space, Recreation Facilities, Parks and Trails The proposed Santa Cruz River Linear Park is located just over I mile south/southwest of the project site, adjacent to the Santa Cruz River. The River Park is planned to encompass approximately 215 acres adjacent to the northern bank of the Santa Cruz~ The linear park rims from Sanders Road to where N. Airline Road would cross the Santa Cruz if extended northward. The Ora Mae Ham District Park is located approximately 1.6 miles southeast of the project site. The Ora Mae Ham District Park, located on the northeast corner of Barnett Road and Lon Adams Road, is a 40- acre public park adjacent to the Marana Town Hall and Marana Police station. According to Town of Marana Park, Trail and Open Space System Master Plan and Pima County Land Information Systems, there are three trails located within a two-mile radius of the project site. The CAP Canal trail and the Power Transmission Line trail are east of Interstate 10 which will require a vehicle for safe access to the trails. A description of these trails is provided below in TABLE 8: INVENTORY OF CANDIDATE TRAILS. See Exhibit IL C. 9.a: Open Space, Recreational Facilities, Parks and Trails. Sanders Grove Specific Plan Marana, Ar&ona 11-52 Development Capability Report TABLE 8: INVENTORY OF CANDIDATE TRAILS Trail Candidate Map Trail Utility Linear Trail Type Wash R.OoWo Park Foot Horse Bike Code CAP Canal 3 P X X X X Power Transmission 179 L X X X X Line Santa Cruz River (Anza 8 P X X X X X Trail) Source: Town o tMarana Trail System and Pima County Land Information Systems Trail Type Code: P = Primary Trail, C = Connector Trail, L = Local Trail bo Existing Infrastructure and Public Service (1) Schools The project site is located within the Marana Unified School District. There are no schools located within a one-mile radius of the site; however, the following schools will serve the proposed development: a. Estes Elementary School, 13650 N. McDuff Rd. (approximately 1.5 miles southeast of the project area). b. Roadrunner Elementary School, 16651 W. Carmela c. Marana Middle School, 11279 W. Grier Rd. (approximately 1.7 miles southeast of the project area). do Marana Plus Alternative Education High School 11279 W. Grier Rd. (approximately 1.8 miles southeast of the project area). eo Marana High School 1200 W. Emigh Rd. (approximately 6.5 miles south of the project area). According to Assistant Superintendent Scott MundelL there is some capacity in both Estes Elementary and Roadrunner Elementary, but not enough to accommodate this project. See Exhibit II.C.9.b (1): Schools. Sanders Grove Specific Plan Marana, Arizona 11-53 Development Capability Report Exhibit H.C.9.a: Open Space, Recreational Facilities, Parks & Trails Proje~ site Pa Legend ~-] Santa Cruz River Pa~ Tra~ Project Site Bike ~s Sanders Grove Specific Plan Marana, Arizona 11-54 Development Capability Report Exhibit II.C.9.b (1): Schools Legend ~ Proj~ Site Marana Unified School Distdct JTHE PLANNING CENTER 0 8000 Feet Sanders Grove Specific Plan Marana, Arizona II-55 Development Capability Report (2) __ Sewer Although sewer infrastructure extends along the southern boundary of the site, the regional sewer system does not currently have the capacity to serve this entire development. The developer will be required to install additional infrastructure, including a downstream conveyance system to convey flow to the Marana Wastewater Treatment Facility located approximately 2.1 miles west of the project site. This development will not occur until adequate capacity exists in the expansion of the Marana Wastewater Treatment Facility. In May 2004, a bond package went before voters in Pima County, and it included a proposal for the expansion of the Marana Wastewater Treatment Plant. The voters approved the bond package which will help finance the expansion of the existing facility by at least 1.0 million gallons per day. This will provide capacity for the anticipated growth in Northwest Marana, as well as provide effluent for reuse, recharge and/or environmental restoration. The Marana Wastewater Treatment Plant currently operates at approximately 150,000 gallons per day. See Exhibit II.C. 9.b (2): Sewer. (3) Fire Services The subject property is not currently a part of any fire service district. Two adjacent parcels are located within Avra Valley Fire District; the 1-10 Frontage Road, adjacent to the subject property's northern boundary, is located within Northwest Fire District. This project will be annexed into the Northwest Fire District at the time of development. Northwest Fire District Station 36, located approximately 2,800 feet south of the project site at 13555 N. Sanders Rd., is the nearest fire station. Northwest Fire District has indicated that Station 36 is a temporary station location until the completion of their new firehouse adjacent to the Town of Marana Municipal Complex, which is approximately 1 mile south of the project site. The new station is currently under construction. See Exhibit II.C.9.b (3): Fire Service. Sanders Grove Specific Plan Marana, Arizona II~56 peo~l ~]lorr~ ilii Development Capability Report Exhibit H.C.9. b (3): Fire Service Hardin Legend Marana Town Limits ~ Fire Stations Project Site Fire Districts AVRA VALLEY NORTHWEST THE PLANNING CENTER Ct'ItJRCH A~zE,, ,SUITE 6320 Sanders Grove Specific Plan Marana, Arizona II-58 Development Capability Report (4) Cortaro-Marana Irrigation District The project site is currently being farmed as a part of a larger agricultural operation. Irrigation water flows westerly on-site along the current roadways bisecting the property in open-air concrete-lined "V" ditch canals. The interior irrigation ditches are in use and currently under the control of the Cortaro-Marana Irrigation District (CMID). (5) __ In order for the water to continue to pass through the property to serve those lands to the west and north, existing ditches will be placed underground, or otherwise addressed, per CMID requirements. The Master Developer will work with CMID to find the best solution in order to maintain adjacent agricultural use. See Exhibit ILC.8.c.(1): Existing Land Uses On-Site. Water Two of the three wells on-site are currently being used for irrigation purposes; one is owned by CMID, and the other is owned by LDS Real Estate Division. The use of the third well is unknown. The nearest point of service is an 8" water main located along Wentz Road on the western boundary of the property. The Town of Marana Municipal Water System, which has an assured water supply from the Arizona Department of Water Resources, will provide water service to this project site upon connection to the distribution system. To service this site, a water service agreement with the Town of Marana will need to be executed per the Town of Marana Water Department response letter dated November 26, 2003, "The water will need to be interconnected with the 8" protected main on the west side of all four parcels at Wentz Road within the ingress/egress utility easement to the west side of parcel and should be a 12" main° The cost to connect to the 8" protected main is $2,500 per meter connection plus the cost of the meter installation and security deposit." It has not been determined if the development will require any on-site storage tanks. See Exhibit II.C. 9.b (5): Water. Sanders Grove Specific Plan Marana, Arizona II-59 Development Capability Report Exhibit II.C. 9. b (5): Water. Town of Mararm Legend O Wells Project S~te j TOWN OF MARANA Existing Water Line I,'"'--T'-',, I~ THE ? / ~.. ' /t~CENTER ",, / ! 0~. CHUP*.CHAVE., ~U [E~,C:x320 0 1500 Feet Sanders Grove Specific Plan Marana, Arizona II-60 Development Capability Report (6) Private Utilities Natural Gas Southwest Gas Corporation will provide natural gas service. There is an existing Southwest Gas line adjacent to Sagebrush Road within the property. A 10" diameter E1 Paso Natural Gas line is located on the east side of Hardin Road along the 1-10 Frontage Road. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable services in the area and will likely provide service to the property. Power Electric services will be provided by Tucson Electric Power Company. (7) Transportation and Transit The primary transportation corridors that are proposed to serve this area include Marana Road (providing access to Interstate 10), Sanders Road and Wentz Road. For additional information on the transportation network, see Section II.C.8.h (1): On-Site Traffic Circulation above. Sanders Grove Specific Plan Marana, Arizona 11-61 Development Capability Report (8) Non-Potable Water Use Within the Marana area, Cortaro-Marana Irrigation District (CMID) is the primary user of non-potable water for irrigating crops. Since 1978, the District has used an average of 2,750 acre- feet per year of treated non-potable water. A non- potable/groundwater blend has been distributed to most of the District's lands. All new developments in Northwest Marana are required by the Town of Marana Water Department to implement a non-potable water system. Non-potable water will be used for irrigation of landscaped open areas, recreation sites and public facilities. Connections must also be made available to individual residential lots; however, at this time, there are no meter requirements for these connections. The Pima County bond package passed by the Pima County voters in May 2004 proposes an expansion of the existing Marana Wastewater Treatment Plant, which would produce non-potable water for reuse, recharge and/or environmental restoration. Sanders Grove Specific Plan Marana, Arizona II-62 III. Development Plan Development Plan A. Purpose and Intent Sanders Grove encompasses approximately 845 acres in northwest Marana. The plan allows for a mix of residential and commercial densities while at the same time maintaining the Town of Marana's commitment to recreation and open space. This section contains a description of the goals, objectives and policies of the plan combined with various plan components, which will meet the Town's vision for development in Northwest Marana. These components provide the rationale for the Development & Design Guidelines found in Section IV. The Specific Plan establishes the location and intensity of land uses, the circulation pattern and overall character of the Sanders Grove development. The plan focuses on coordinating a mix of residential densities per acre, with commercial uses, while supporting recreational and open space uses with internal pedestrian capabilities providing linkages to regional open space. The Sanders Grove Specific Plan supports a variety of housing options, including a range of lot sizes and price ranges and a mix of single-family attached and detached homes. The Specific Plan is a method used to implement the Northwest Marana Area Plan at a more detailed site-specific level for a focused area. The Specific Plan clarifies the planning considerations for planning areas within the Plan and imposes regulations or controls on the use of such areas. The Specific Plan establishes the type, location, density and community character within the Plan area. The Plan contains the standards and guidance to ensure that development will occur in a controlled manner with infrastructure as planned. The boundaries of the Specific Plan are shown in Exhibit III. A: Specific Plan Boundaries. The project development plan is the result of thorough site analysis and research. As a result of this, the plan resolves, as much as possible, development-related issues in the form of proposed physical improvements, guidelines for future development, technical information and regulations. Sanders Grove Specific Plan Marana, Arizona III-1 Development Plan Exhibit IILA: Specific Plan Boundaries HARDIN ROAD KIRBY H~ES ROAD LEGEND I ' ISP~CFIC PLaN N~'A eOU~ STREETS T~ TOTAL ,a,~..A{~ E iS *I- B45/~:R~S N 89 24" 46'E 2642.51 N 8927' 32"E 52B5.11 THE PLANNING CENTER Sanders Grove Specific Plan Marana, Arizona III-2 Development Plan B. Objectives of the Specific Plan The main objectives of the Specific Plan are to guide the development of the site and to provide direction for community design and management of open space. This Specific Plan is intended to implement policies of the Town of Marana General Plan with a unique vision that suits the specific needs of the site. Development criteria established in this plan will ensure quality design and marketabihty of this property while spearheading new concepts of subdivision design with recreational and open space. In recognizing the major development issues, the landowners' objectives and Town requirements, a set of development plan goals have been established as follows: 1. Implement the goals, objectives and policies of the Town of Marana General Plan; 2. Create a community that serves as a "gateway" to the Marana Town Core; 3. Establish a community character that offers residents an environment featuring housing opportunities mixed with recreation and open space and possible commercial uses; 4. Provide a blend of pubhc and private park amenities, some with active recreation areas, that create community common areas for residents of Sanders Grove and the overall Marana community; 5. Design a community that provides a sense of place by providing pocket parks and other open space amenities close to residential areas and controlled by the local homeowners' association; 6. Provide infrastructure systems and pubhc facihties to support development in an efficient and timely manner; 7. Develop a circulation system that is efficient for all modes of traffic including automobiles, bicycles and pedestrians; 8. Provide uniform development regulations for land use, circulation and open space; 9. Ensure coordinated, responsible planning through the use of cohesive procedures, development regulations, standards and guidelines; 10. Develop design guidelines that will provide for and encourage quality design of all structures; 11. Provide an annual monitoring plan report for the Sanders Grove Specific Plan to monitor project compliance with the plan; 12. Process and adopt the Specific Plan to provide a precise understanding of development and future growth for the property; 13. Provide a framework for the management and administration of this Sanders Grove Specific Plan; and Sanders Grove Specific Plan Marana, Arizona 111-3 Development Plan 14. Form a homeowner's association with comprehensive CC&R's and design guidelines. C. Relationship to Adopted Process In accordance to the Town of Marana General Plan, the Sanders Grove Specific Plan is located in the Northwest (Area 1) Growth Area. This area has been targeted as a prime growth area in the next decade. The Specific Plan focuses on key features of the Northwest Marana Area Plan, such as providing residential and commercial uses in close proximity to the Town Center Area and designing the Sanders Grove community as an Urban Village. The Sanders Grove Specific Plan contains goals and policies that are in agreement with those outlined in the Town of Marana General Plan. D. Compatibility with Adjoining Development The Sanders Grove Specific Plan establishes a residential community that incorporates wide landscaped buffers and larger lot sizes adjacent to existing residences. By providing this transition from existing low-density land uses to the higher-density development proposed within the plan, the impact on Sanders Grove neighbors will be lessened. The project's circulation system has also been designed to minimize the effects of vehicular traffic on adjacent development. The primary and secondary access points into the community will be located on Marana Rd. and Sanders Rd., thereby deemphasizing Wentz Rd. in its relationship to the project. Both public and private open space/recreation amenities located within the plan area will be accessible through the project's interior circulation system. E. Land Use Concept Plan The land use concept plan seeks to establish a neighborhood scale and unique identity for Sanders Grove, while at the same time integrating it into the larger community. The 845-acre site will be broken down into 17 planning areas, which will primarily consist of residential uses. The lots along Wentz Road, within the Medium-Low Density Residential designation, will have a minimum 12,000 square foot lot size to buffer the neighbors to the west. Medium Density Residential, which consists of single- family detached homes, encompasses the majority of the site. Many of the Sanders Grove Specific Plan Marana, Arizona III-4 Development Plan lots will back onto the open space and recreation amenities provided in Sanders Grove. The southeast portion of the site has been designated for commercial use surrounded by Medium-High Density Residential, which may consist of attached and/or detached single-family residences. Open space/recreation provisions within Sanders Grove will meet or exceed the Town's standards, which require 185 square feet per single-family residence (140 square feet for town homes), 6 acres of open space per 1000 residents and monetary contributions, dedication of land, or improvements that equal at least $1000 per home for off-site recreation amenities. A system of internal open space linkages has been incorporated into the Sanders Grove Specific Plan. The placement of pocket parks and other open space amenities in close proximity to residential areas reinforces a sense of community. The pocket parks and other private open space areas will be maintained by the Sanders Grove Community Association. Private open space areas will be located throughout the development, including a large area extending from the northeast portion of the project site to its southern boundary. The community's public open space includes a neighborhood park, which will be at least 20 acres and will include playing fields and other public amenities. It will be located along the 1-10 Frontage Road at the northern boundary of the project site, to be dedicated to the Town of Marana. This open space/recreation area will help buffer the noise from 1-10 that would otherwise affect residents of the development. A multi-use trail system will be included along Marana Road, Sanders Grove Drive and the linear open space area. This will provide access to the neighborhood park and the trail system outlined in the Trail System Master Plan (September 2000). The exact size, location and configuration for open space, including all parks, trails and recreation are subject to adjustment based on final site engineering, such as drainage and grading, and the incorporation of input from the various agencies that provide comments on the subdivision plat. The minimum area of such facilities shall meet or exceed the requirements set forth in Section III-L of this Specific Plan. Any such adjustments are subject to approval by the Planning Director. The Development Plan for Sanders Grove was developed in conformance with the Town of Marana General Plan. The Land Use Concept Plan is outlined in TABLE 9: SANDERS GROVE SPECIFIC PLAN LAND USE CONCEPT and illustrated in Exhibit III. E.I: Land Use Concept Plan, Sanders Grove Specific Plan Marana, Arizona 11I-5 Development Plan TABLE 9 SANDERS GROVE SPECIFIC PLAN LAND USE CONCEPT Planning Area I 18.5 C Planning Area 2 35.2 MDR Planning Area 3a & 3b 31 MHDR Planning Area 4 48.6 MDR Planning Area 5 38.9 MDR Planning Area 6 44.4 MDR Planning Area 7 61.0 MLDR Planning Area 8 47.6 MLDR Planning Area 9 44.4 MLDR Planning Area 10 58.8 MLDR Planning Area 11 64.0 MDR Planning Area 12 37.8 MDR Planning Area 13 101.6 MDR Planning Area 14 52.0 MDR Planning Area 15 49.6 MDR Planning Area 16 48.8 MDR Planning Area 17 62.8 MLDR Total Acres 845 Open Space Overlay Zone 76.1 OS *Exact size, location and configuration of the parks, recreation and trail system improvements shall be defined in the block plat. However, the minimum area of such facilities shall at least equal or exceed those set forth in Section III-L of this Specific Plan. The district park design will be subject to a Parks Master Plan acceptable to the Town of Marana. Target Units: 2500 Sanders Grove Specific Plan Marana, Arizona 111-6 Development Plan Exhibit IILEol: Land Use Concept Plan ~-~ARD N ROAD ,~IRiBY HUCdHES ROAD LEGEND PARCEl ~OLJNDA~Y THE PLANNING '~,J~ CE NTER Sanders Grove Specific Plan Marana, Arizona III-7 Development Plan F. Circulation As displayed on Exhibit III.F: Circulation Concept Plan, general circulation in the area includes access to Interstate 10 via Marana Road. Direct access to the project will be provided through access points along Sanders Road and Marana Road. Sanders Road will be extended to the 1-10 Frontage Road, which will provide additional access to the neighborhood park. The new Sanders Grove Drive will be a collector road providing access to the entire site. On the concept plan, Sanders Grove Drive intersects with Marana Road to the south and curves towards Sanders Road to the east, meeting Sanders Road at the current intersection of Sanders Road and Sagebrush Road. Local roads extending from Sanders Grove Drive will connect to Kirby Hughes Road, providing access to the northern planning areas of the project and the northern recreation area. Hardin Road will be improved along the northern boundary of the project site. It will be a 2 lane asphalt road with 14 foot travel lanes. No additional access points are planned for Wentz Road except for the local connection to Kirby Hughes Road. As such, no improvements to Wentz Road will be made. The unused portions of Sagebrush and Kirby Hughes within the project site will be abandoned. Intemal circulation of the project site will consist of local streets branching off Sanders Grove Drive. The internal streets will be public. All on-site roadway improvements will be the responsibility of the Master Developer. Any required off-site roadway improvements will be identified based on Town review of the traffic analysis study submitted under separate cover. Curt Lueck & Associates is working with the Town of Marana to coordinate the Sanders Grove circulation plan in conjunction with the Northwest Marana Transportation Study, currently in progress. The report will be approved by the Town Transportation Engineer and be used to identify off-site transportation improvements or fees required by the Town. The minimum roadway cross-sections of main entrance roads, as well as minimum roadway cross-sections of the local streets are discussed in the Development Regulations section of this Specific Plan. Slope and utility easements for internal roadways may extend beyond the minimum right-of-way. Sanders Grove Specific Plan Marana, Arizona III-8 Development Plan Exhibit III.F: Circulation Concept Plan KIRBY HUGHES ROAD HARD N ROAD .: ::. ° '" ''.' Sanders Grove Specific Plan Marana, Arizona III-9 Development Plan G. Grading Concept The entire site is an agricultural field; therefore, mass grading will occur. Prior to site disturbance, additional geological studies will be done in order to meet necessary standards. However, the site may require water retention. The fill from these basins will be used to raise land in the southwest corner of the site above the FEMA flood limit. H. Water Resources In Sanders Grove, the proposed development will not have any impact upon existing site drainage patterns. Full on-site retention, or other methods acceptable to the Town of Marana, is provided through the incorporation of multipurpose facilities. These facilities will serve as stormwater retention features, as well as recreation amenities in the form of play fields and/or open space areas. I. Post Development Hydrology Offsite storm water will be collected along the south and east property boundaries within open space areas and conveyed through the site to the northwest property corner. This storm water will be detained as necessary and then dispersed along the downstream project boundary to return flow to a pre- development condition. The design of the drainage system for on-site and off- site storm water will be addressed in the master drainage plan. The design for this system will provide for mitigation of off-site impacts along the upstream and downstream project boundaries. This project will provide on-site retention in accordance with Town of Marana policy. Stormwater flows will be detained down to existing predevelopment conditions. It is anticipated that retention will be provided within a series of on- site retention basins. These will be designed to retain 100% of the on-site generated stormwater during a 100-year storm event. All building pads will be designed to be a minimum of 1 foot above adjacent 100-year flood elevations. On-site generated stormwater will be conveyed to the on-site retention/detention areas via the interior street network by a series of storm drains, scuppers, curb openings, etc., which will be designed during the subdivision platting process. On-site stormwater conveyance will adhere to current Town of Marana development standards and applicable basin management plans. The project will require a master drainage plan during the platting process. Sanders Grove Specific Plan Marana, Arizona III-10 Development Plan J. Environmental Resources The Sanders Grove Specific Plan is designed as a residential community integrated with both public and private recreation and open space areas. Due to its previous use as an agricultural field, the site has been completely graded. There are no significant environmental resources on the property. A Phase I environmental report was completed by Engineering and Environmental Consultants, Inc. (EEC) in August 2003. No hazardous material was found on- site. K. Landscape Concept The overall goal of landscaping in Sanders Grove is to develop a landscape character that strengthens the residents' perception of the Northwest Marana area as a gateway to the Marana Town Center. A soft transition between urban development and adjacent rural areas is achieved through the provision of perimeter buffers, which may incorporate open space and multi-use trails. The buffers will be designed in an attractive manner using informal groupings of shrubs and trees or, where appropriate, by planting trees in an orchard grid arrangement. Another objective of the Sanders Grove landscape design is to enhance the pedestrian character and climate of the community by introducing the concept of landscaped pedestrian linkages and gathering places. Landscaped trails within the right-of-ways of arterial and collector roads will facilitate access to parks throughout the site. The landscape concept includes the utilization of a combination of both drought- resistant plants ("xeriscape" plants) and lush vegetated areas throughout Sanders Grove. Landscape themes are used to create both a shady and green appearance to counter hot and arid conditions of the community's summer climate. Such themes will be incorporated into design of open space and recreation areas, as well as streetscapes, plazas, pedestrian nodes and transit centers. In addition, trees may be planted in an orchard grid arrangement in several locations throughout Sanders Grove as an enhanced landscaped buffer. L. Open Space, Recreation, Parks and Trails Concept The Sanders Grove Specific Plan supports the objectives of the Pima County Trail System Master Plan and the Town of Marana Open Space, Recreation and Trails System Master Plan by increasing linkages to the surrounding area and by providing residents of Sanders Grove, as well as the general public, significant Sanders Grove Specific Plan Marana, Arizona III-11 Development Plan recreation opportunities and open spaces. Sanders Grove will require the following minimum open space standards, which meet Town of Marana guidelines: · 185 square feet per dwelling unit for improved parks on-site (140 square feet for town homes); · 6 acres of open space per 1000 residents; and · Improvements, dedication of land and/or monetary contributions equaling $1000 per dwelling unit for regional and off-site parks. There will be multiple "pocket" parks located throughout Sanders Grove. Each of these parks will include a variety of amenities, such as landscaping, benches and linkage opportunities. These parks will be located within the individual subdivisions. Access to the pocket parks will be provided via sidewalks and neighborhood trails. A large neighborhood park will be constructed adjacent to the 1-10 Frontage Road and Sanders Road. This park will provide active and passive recreation opportunities, including picnic areas, ramadas, grills, soccer/football fields, baseball/softball fields and basketball courts. This park will be dedicated to the Town of Marana. The park will be accessible by car from Sanders Road and the 1-10 Frontage Road. Pedestrian and bicycle access will be provided via the community and neighborhood trails located throughout Sanders Grove. The design of the park will be subject to a Parks Master Plan acceptable to the Town of Marana. Linear open space will connect the neighborhood park in the northeast comer of the property to Marana Road on the south. Within this open space, there will be a multi-use path from which the neighborhood trails will branch off. These trails will be privately owned and maintained. Community trails will be constructed within the right-of-way of Sanders Grove Drive and possibly Marana Road and Sanders Road, depending on which side of the right-of-way contains the 100-foot buffer.~ As this area of Marana continues to develop, these trails will provide open space continuity throughout Northwest Marana and the regional trail system. The Sanders Grove Community Association will be established to provide long-term maintenance of privately owned recreation facilities, trails and other common areas. The exact size, location and configuration of all parks, recreation and trail system improvements shall be defined in the block plat. The minimum area of such facilities shall at least equal or exceed the requirements stated above. See Exhibit III. L: Open Space Concept Plan. Sanders Grove Specific Plan Marana, Arizona III-12 Development Plan Exhibit III. L: Open Space Concept Plan LEGEND H, ARD~N ROAO ROAD Sanders Grove Specific Plan Marana, Arizona III-13 Development Plan M. Cultural Resources No areas of significance were found during a partial survey of the property conducted in 1983. Because the entire project site has not been surveyed, prior to any on-site disturbance, a field survey over the entire site will be conducted. In addition, any recommended testing and mitigation measures will be completed before site disturbance. In the event that significant archeological objects, any human remains, or funerary objects are uncovered during construction work, all work will be stopped in the area of the discovery and the Director of the Arizona State Museum will be immediately notified of the discovery in accordance with A.R.S 41-865. Action must then be taken to prevent further disturbance of such remains. The Director of the Arizona State Museum will have ten working days to respond to any request to proceed with ground-disturbing activities. If any artifacts are found, the Master Developer will work with the Arizona State Museum to incorporate them into the development, if possible. N. Viewsheds The project site is relatively flat with no significant topographical features. This allows neighbors to see directly onto the site and far distances. Immediate adjacent viewsheds currently experienced by surrounding properties, may be impacted by proposed development, especially for the neighbors along Wentz Road. However, neighbors along Wentz Road will still enjoy the distant views of the surrounding mountain ranges. The areas of the project with the highest visibility from adjacent off-site locations are located on the perimeter of the site, specifically the portion of the site adjacent to the 1-10 Frontage Road and Wentz Road. A landscaped buffer will be established along the property perimeter and along major arterials within the right-of-way, helping to mitigate the impact of the project on the neighboring properties. O. Infrastructure, Public Services and Utilities This section describes the type of infrastructure, public services and utilities that the development will require. The phasing of the implementation of these services is discussed in Section V.F: Phasing. All infrastructure will be constructed in accordance to the build out schedule. Sewers In response to a request for information regarding availability of sewer service for the project site, Pima County Wastewater Management Department (PCWMD) has provided the following information: Sanders Grove Specific Plan Marana, Arizona III-14 Development Plan The first component of a regional sewer system has been installed along Marana Road at the southern boundary of the project site. An additional component of the regional system is planned to be located along the northern property boundary. The Master Developer will participate in constructing a trunk sewer along Hardin Road to Luckett Road and on to the Marana Wastewater Treatment Facility at such time as is feasible to provide sewer service to the project. Because Marana Wastewater Treatment Facility's current capacity is limited, the additional capacity required to serve this proposed development would not be available until improvements are made to the facility, which is located 1/2 mile north of Marana Road and one mile west of Luckett Road. Plans for expansion of this facility are currently underway. A sewer master plan will be required during the platting stage. 2. Schools There are no schools located within a one-mile radius of the site. The following schools within the Marana Unified School District will serve the proposed development: Estes Elementary School Roadrunner Elementary School, Marana Middle School Marana Plus Alternative Education High School and Marana High School. It is anticipated that this project will generate a maximum of 2500 dwelling units at build-out. Using formulas from the Marana Unified School District, this project could generate approximately 2500 school- aged children. K-6: 7-12: .5 x 2500 units = 1250 school-aged children .5 x 2500 units = 1250 school-aged children On-site development will have an impact on school capacity. The Master Developer has agreed to a $1,200 per dwelling unit voluntary school fee. Additionally, the Master Developer will reserve a 15-acre school site at the intersection of Sanders Road and the Frontage Road 5 years from adoption of this Specific Plan. A credit for the voluntary school fee will be given to the Master Developer for any school site that is dedicated. The actual site(s) of the school will be determined through agreement with the Marana Unified School District. To the greatest extent possible, the schools will be located near neighborhood parks. Sanders Grove Specific Plan Marana, Arizona 111-15 Development Plan 3. Fire/Emergency Vehicle Service The subject property is not currently a part of any fire service district. Northwest Fire District Station 36, located approximately 2,800 feet south of the project site at 13555 N. Sanders Rd., is the nearest fire station. Northwest Fire District has indicated that Station 36 is a temporary station location until the completion of their new firehouse adjacent to the Town of Marana Municipal Complex, approximately one mile to the southeast of the project site. The station is currently under construction. The Town of Marana requires each subdivision plat processed within the Sanders Grove Specific Plan be annexed into the Northwest Fire District prior to approval. The district is tax-based, and the current rate is $2.33 per every $100 of assessed value per home. 4. Water Service The Town of Marana Municipal Water System will provide water service to this project site. A letter from the Marana Utilities Director, dated November 26, 2003, indicates that the Marana Water System has an assured water supply from the Arizona Department of Water Resources. Two new water systems would need to be designed to serve this property. The first is a domestic or potable water system that would require a pumping station and a water storage tank adequately sized to meet all fire and daily use demands. In his letter, the Marana Utilities Director indicates that water for the project site "will need to be interconnected with the 8" protected main on the west side of all four parcels at Wentz Road within the ingress/egress utility easement to the west side of parcel and should be a 12" main." The second system that will be required is a non-potable water system to be used for irrigation purposes within landscaped open areas, recreation sites and public facilities. Connections to individual residential lots will also be installed, although there are no meter requirements for these connections. CMID has the surface water rights to be used for this type of system. A properly sized basin will be required on-site to serve the irrigation system. Coordination for the irrigation system will be handled through the Town of Marana Water Department. A water master plan will be required during the platting stage. Sanders Grove Specific Plan Marana, Arizona 111-16 Development Plan November 2& 2003 Exhibit III. O.4: Water Department Letter WATER DEPARTMENT Ted t ]crman Ti~e PJam~ing Cel3ter Suite 1260 Tucson. Arizona Re: Location: Specific plan fi)r 838 acres at 'l rico Marana Road and Wentz Road Dear Mr. Herman: Thc iowrt oJ' ~'1aY;tB~ Municipal Water System is willing to provide water service to this specific parcel under the following conditions: A walcr service agreemem needs to be executed. Thc water will need to bc interconnected with thc 8"protected main on thc west siclc of all ]~ur parcels at Wcmz Road w/thin file ingress;egress [tli ly casement to thc west side of parcel and shoald be a 12" main. The cost to connect to the 8[protected main is $2, 500 per meter connection plus thc cost of thc mmcr installation and security deposit, Thc Town of Marana Municipal Water System has a designation of Assured Water Supply from thc Arizona Department of Water Resources, This Jolter is cl'l~ct/ve tbr one year fi'om its date. If you have any questions whatsoever, please owe me a call, S nccre y (. Brad DcgpaJn I ;tilities Director Sanders Grove Specific Plan Marana, Arizona 111-17 Development Plan 5. Private Utilities Natural Gas Southwest Gas Corporation will provide natural gas service. There is an existing Southwest Gas line adjacent to Sagebrush Road within the property and an E1 Paso Natural Gas line on the east side of Hardin Road along the 1-10 Frontage Road, which will require special design consideration when improvements are made to Hardin. Communications Telephone service and line installation through Qwest Communications. is available in this area Comcast Cable will provide cable services and installation to the property. · Power Electric services will be provided by Tucson Electric Power Company. 6. Cortaro-Marana Irrigation District Irrigation water flows westerly on-site along the current roadways bisecting the property in open-air concrete-lined "V" ditch canals. The interior irrigation ditches are in use and currently under the control of CMID. In order for the water to continue to pass through the property to serve those lands to the west and north, all existing ditches will be piped underground or will be addressed by other agreement with CMID. Any improvements made to the existing irrigation canals will be the result of the Master Developer working closely with CMID to ensure all parties' needs are met and that all improvements comply with CMID standards. Sanders Grove Specific Plan Marana, Arizona III-18 IV. Development & Design Guidelines Development & Design Guidelines A. Purpose and Intent These regulations will serve as the primary mechanism for implementation of the Sanders Grove Specific Plan. The Sanders Grove Specific Plan Development & Design Guidelines establish the intensity and character of the development by prescribing site-specific development standards and design guidelines that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. The purpose of these guidelines is to encourage creativity and a high level of design quality. It is an information source for site development, landscape architecture and architectural and signage features that create the community image of Sanders Grove. Community design principles that citizens of the Town of Marana have said they wish to see in the character of future development are represented within these regulations. The guidelines expand on the goals, objectives and policies outlined in the Northwest Marana Area Plan and intend to foster development that will enhance the physical image, identity and value of the community. In order to reinforce a sense of community identity, to avoid a feeling of bland uniformity and to reflect the agricultural heritage of the Town of Marana, the guidelines outlined in this section of the plan should be incorporated into all Sanders Grove development: These guidelines provide criteria for builders, planners, architects, landscape architects and civil engineers under the direction of the developer. They provide a basis for evaluating and directing the planning and design within the project area and within the context of Northwest Marana. B. General Provisions 1. Applicability of Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific Plan area shall comply with the currently adopted versions of the International Building Code, the plumbing code, the International Mechanical Code, the National Electric Code, the Town of Marana Outdoor Lighting Code, the Spa/Pool Code, the International Residential Code and the fire code as applicable for the specific project at time of development. Sanders Grove Specific Plan Marana, Arizona Development & Design Guidelines 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in a particular zone classification within the Specific Plan, it shall be the duty of the Town Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Board of Adjustment. C. Design Review Process A Design Review Committee (DRC) shall be formed by the Master Developer to review development proposals within Sanders Grove. This review procedure will ensure that the high standards defined in this document are maintained. These guidelines are conceptual in nature, providing flexibility to the Design Review Committee to make changes in the overall interest of the Sanders Grove community. Any modifications to the Design Guidelines will meet the Town's minimum design standards for residential and nonresidential uses. 1. Design Review Committee The DRC will review development plans for conformance with the Sanders Grove Specific Plan before any building development begins. The DRC will refine these guidelines, establish review procedures and administer the design review process for Sanders Grove. The DRC has the authority to interpret the guidelines in the event the guidelines do not explicitly address a particular situation. The DRC may amend the guidelines when deemed necessary. (The role of the Design Review Committee is further defined in Section V: Implementation & Administration). 2. Design Review Procedures Establishment of review procedures will be based on the following guidelines and apply only to the Master Developer and Design Review Committee and are independent of Town of Marana project review procedures: · Require a pre-design meeting with the builder, owner and/or architect to offer direction in preparing preliminary plans. · Review of preliminary plan submittal to determine general conformance with these guidelines. · Review fees (if any) may be established by the DRC. Sanders Grove Specific Plan Marana, Arizona IV-2 Development & Design Guidelines · Following preliminary approval, a review of the final submittal which should contain information detailed enough to allow the DRC to determine compliance with these guidelines. · The DRC reserves the right to inspect all work in progress and give notice of non-compliance. · The right of final approval for all completed construction to assure consistency with these guidelines. D. Land Use Concept The Land Use Concept for Sanders Grove relies on a unique approach to residential development that: minimizes the impacts of development through enhanced site planning and design; allows residential property to be developed in a vibrant and sustainable manner; establishes a safe, effective and attractive pedestrian-friendly environment that provides connectivity throughout the community and to adjacent areas; establishes architectural themes that reflect the heritage of the area; and reinforces community identity throughout Sanders Grove. Sanders Grove has been designed as a residential/commercial village, as described in the Northwest Marana Area Plan. The community design incorporates residences, recreational facilities, parks, schools and commercial services in a pedestrian-friendly environment. Commercial uses will be located at the southeast comer of the project site, surrounded by medium-high density housing options. Residential intensities gradually decrease toward the northwest. The entire community, including open space areas, will be accessible by various modes of transportation. Sanders Grove will be a gateway into the Marana Town Center. By utilizing guidelines such as southwest-inspired architectural themes, unique road and perimeter landscape themes and medium-density housing at major street intersections, Sanders Grove will have its own community identity while building on the themes of the Town Center. The Sanders Grove Specific Plan proposes the following land use categories: Medium-Low Density Residential, Medium Density Residential, Medium-High Density Residential, Commercial and Recreation/Open Space. The residential densities are located so as to provide a smooth transition between the Sanders Grove community and neighboring land uses (i.e. large residential lots and agricultural lands)° All lots within Sanders Grove abutting Wentz Road will have larger minimum lot size requirements. Higher-density residential land uses will be concentrated around the southeast comer of the site and the open Sanders Grove Specific Plan Marana, Arizona IV-3 Development & Design Guidelines space amenities of Sanders Grove, away from existing residential development. The maximum overall density will not exceed 2500 dwelling units. The concept plan for Sanders Grove identifies approximately 14 acres of the project area at the comer of Marana Road and Sanders Road as being appropriate for possible commercial land uses. This portion of the site will provide opportunities for neighborhood-level commercial, retail and office establishments to support the needs of Sanders Grove residents, as well as the needs of residents in nearby existing and future developments. Medium High Density Residential development is a conditional use within the Commercial designation. E. Development Guidelines Medium-Low Density Residential: Planning Areas 7-10, 16, 17 a. Permitted Uses · Single-Family Residential (Detached) · Parks and Recreation Facilities · Public Education Facilities · Churches/Houses of Worship on 4 acres or greater bo Accessory Uses · Detached accessory structures, such as tool sheds, patios and cabanas, non-commercial hobby shops, children's playhouses, etc. · Swimming pools, spas and related structures · Home occupations · Guest House Conditional Uses · Churches/Houses of Worship on less than 4 acres · Childcare Facilities · Private Education Facilities · Group Homes Prohibited Uses · Commercial Uses · Industrial Uses Development Standards · Minimum Lot Area: 7,000 square feet* · Minimum Lot Width: 60 feet · Minimum Lot Depth: 90 feet · Minimum Lot Setbacks: Sanders Grove Specific Plan Marana, Arizona Development & Design Guidelines Front***: To living area: 15 feet To front-facing garage: 20 feet To side-facing garage: 12 feet [] Side: 5 feet Street: 15 feet Rear: 15 feet, except patio structures that are unenclosed on 3 sides may be set back 10 feet Minimum setback for second story elements: 20 feet (25 feet for front-facing garage) Maximum Building Height: 27 feet*** Minimum Building Separation: 6 feet between primary and secondary buildings; 15 feet between homes on adjacent lots The gross floor area of a home's second floor may not exceed 80 percent of the gross floor area of the home's first floor without the approval of the Town Council. * All lots abutting Wentz Rd. have a minimum required lot size of 12,000 square feet and homes are restricted to a maximum 20 feet in height. ** Front setbacks must vary with no more than 2 adjacent homes having the same setback, except on curvilinear roads. The minimum setback variation between homes is 3 feet. *** All comer lots are limited to single-story construction. No more than 40% of the lots abutting an arterial or collector road may be multi-story residential construction. Sanders Grove Specific Plan Marana, Arizona IV-5 Development & Design Guidelines e Medium Density Residential: Planning Areas 2, 4-6, 11-15 a. Permitted Uses · Single-Family Residential (Detached) · Parks and Recreation Facilities · Public Education Facilities · Churches/Houses of Worship on 4 acres or greater Accessory Uses · Detached accessory structures, such as tool sheds, patios and cabanas, non-commercial hobby shops, children's playhouses, etc. Swimming pools, spas and related structures Home occupations Model Homes Conditional Uses · Childcare Facilities · Churches/Houses of Worship on less than 4 acres · Private Education Facilities · Group Homes do Prohibited Uses · Commercial Uses · Industrial Uses eo Development Standards · Minimum Lot Area: 6,000 square feet · Minimum Lot Width: 45 feet · Minimum Lot Depth: 75 feet · Minimum Lot Setbacks: Front*: To living area: 10 feet To front-facing garage: 20 feet To side-facing garage: 10 feet o Side: 5 feet [] Street: 10 feet [] Rear: 10 feet, except patio structures that are unenclosed on 3 sides may be set back 5 feet [] Minimum setback for second story elements: 15 feet (25 feet for front-facing garage) · Maximum Building Height: 27 feet** · Minimum Building Separation: 6 feet between primary and secondary buildings; 15 feet between homes on adjacent lots Sanders Grove Specific Plan Marana, Arizona IV-6 Development & Design Guidelines The gross floor area of a home's second floor may not exceed 80 percent of the gross floor area of the home's first floor without approval by the Town Council. * Front setbacks must vary with no more than 2 adjacent homes having the same setback, except on curvilinear roads. The minimum setback variation between homes is 3 feet. ** All comer lots are limited to single-story construction. No more than 40% of the lots abutting an arterial or collector road may be multi-story residential construction. Sanders Grove Specific Plan Marana, Arizona Development & Design Guidelines Medium-High-Density Residential: Planning Areas 3a and 3b a. Permitted Uses · Single-Family Residential (Attached or Detached) · Parks and Recreation Facilities · Public Education Facilities · Churches/Houses of Worship on 4 acres or greater bo Accessory Uses · Detached accessory structures, such as tool sheds, patios and cabanas, non-commercial hobby shops, children's playhouses, etc. · Swimming pools, spas and related structures · Home occupations Conditional Uses · Childcare Facilities · Churches/Houses of Worship on less than 4 acres · Private Education Facilities · Group Homes do Prohibited Uses · Commercial Uses · Industrial Uses e. Development Standards Attached Dwelling Units · Minimum Area per Dwelling Unit: 3,500 square feet · Minimum Lot Width: None · Minimum Lot Depth: None · Minimum Site Setbacks*: [] Front**: To living area: 10 feet To front-facing garage: 20 feet To side-facing garage: 10 feet o Street: 10feet Side: 5 feet Rear: 10 feet, except patio structures that are unenclosed on 3 sides may be set back 5 feet [] Minimum setback for second story elements: 15 feet (25 feet for front-facing garage) · Maximum Building Height: 30 feet*** · Minimum Building Separation: 6 feet between primary and accessory buildings Sanders Grove Specific Plan Marana, Arizona IV-8 Development & Design Guidelines The gross floor area of a home's second floor may not exceed 80 percent of the gross floor area of the home's first floor without the approval by the Town Council. Minimum of 50 square feet of private open space per dwelling unit which can include: Patios o Balconies Porches Decks Others deemed similar by the Planning Director Detached Dwelling Units · See Medium Density Residential. * Where single-family attached residential developments abut single-family detached developments, the following separation standards shall apply: · A minimum 30-foot rear setback to be provided for the attached homes when an attached rear yard is adjacent to a detached rear yard or · A local collector street with minimum 25-foot front setbacks for each development. ** Front setbacks must vary with no more than 2 adjacent homes having the same setback, except on curvilinear roads. The minimum setback variation between homes is 3 feet. *** All comer lots are limited to single-story construction. No more than 40% of the lots abutting an arterial or collector road may be multi-story residential construction. Sanders Grove Specific Plan Marana, Arizona IV-9 Development & Design Guidelines e Residential Design Criteria a. Site Planning · A minimum of two access points per subdivision are required, unless an alternative is approved by the Town of Marana. · Neighborhoods feel more personal where repetition can be broken up by way of landscaped open space, community features or special elements occurring as part of the coordinated design of houses within view of each other. · Diversity of lot size and shape adds variety. · A community-wide path and trail system linking pocket parks and other open space shall be integrated into Sanders Grove to enhance neighborhood design. · Varied front-yard setbacks, architectural articulation of front-facing garages and landscape plans in conformance with the approved plant palette shall be applied to each residential development for streetscape enhancement° (See Appendix D: Plant Palette.) b. Architecture · A variety of southwestern architectural styles, including those that reflect Marana's agricultural heritage, are encouraged. Territorial, Pueblo, Spanish Colonial and Spanish Mission are all acceptable architectural styles for residential development within this specific plan. · Reinforce commtmity design identity through the application of unifying architectural themes or features in the design° · The developer or builder shall offer the homebuyer a selection of home elevations that reflect the character and theme of the neighborhood of Sanders Grove. A minimum of 4 distinct elevations shall be offered in each residential subdivision. · No two models with the same elevation and color scheme shall be permitted adjacent to one another throughout the subdivision. · Four-sided architecture and pedestrian-scaled entries are encouraged. · No more than 2 consecutive two-story homes will be allowed adjacent to one another, and no more than 50% of the total number of homes within the subdivision may be two stories. · Windows and roof shapes shall be varied and relate to the selected architectural style. · Buildings shall have shadow reliefs, such as offsets, popouts, overhangs and recesses~ · Muted earth tones with complementary accent colors are appropriate. Sanders Grove Specific Plan Marana, Arizona IV-10 Development & Design Guidelines The use of front porches or landscaped terraces is encouraged to create a people-oriented entrance rather than the typical garage- dominated streetscape. c. Garages · The street scene should be made more interesting by encouraging a variety of alternative garage placements (i.e. angled-, side- and rear- entry). · Garage doors shall be either the same color as the house or a similar shade of the same color. · Single-bay doors are preferred over double-width garage doors because they present a smaller-scale appearance. · Where three or more garage bays exist on a house, one or more of the following shall be integrated into the site design: The apron should be broken up with tree wells or other landscaping; D The garage should be separated into more than one location; ~ The garage should have a staggered facade. V/ews Development should be planned carefully to protect existing views and maximize the feeling of open space. Design approaches include curving streets, road orientation toward open areas and the creation of views~ e. Walls & Fencing · Front privacy walls are discouraged. · All privacy walls shall be finished with a color and texture to match the overall theme established for the area. A combination of open- type view fencing and solid walls is acceptable. · Returns on privacy walls should be located in the rear 2/3 of the building length. Side walls on comer lots should return back to the house as close to the rear yard as possible. · Landscaping and earth berms are encouraged in front of recessed side walls° · Chain-link fencing is not acceptable. f. Roofs and Pitches · Roof styles shall be indigenous to the selected architectural styles. · Roof slopes shall complement the building mass. · The roof line of all two-story residences must include single-story elements Sanders Grove Specific Plan Marana, Arizona IV-11 Development & Design Guidelines Acceptable roofing materials include earth-tone clay tile, through- color flat concrete tile and standing seam enamelized metal shown to not have a shiny appearance~ Parking Every residential lot must be large enough to include at least two enclosed parking spaces plus two on-site guest spaces for passenger-type vehicles. h. Chimneys · Chimneys should continue the same texture and materials of the building. · The chimney caps should repeat the fascia cornice band or other treatment that integrates the trim colors. · Caps are encouraged along with accents. Decorative metal caps that match the trim colors are permitted. i. Gutters and Downspouts · Exposed gutters will be colored to match the roof or wall material. · Exposed downspouts will be colored to match the surfaces to which they are attached. j. Skylights · Skylights are to be designed as an integral part of the roof. · Skylight glazing shall be clear or solar bronze. White glazing is prohibited. · Skylight framing materials must be colored to match or blend with the roof. · Interior lighting around skylights must be oriented in a downward direction. ko Mailboxes Mailboxes shall be coordinated within each individual development area subject to approval by the United States Postal Service. Their color and materials should coordinate with the structures they serve. The developer will review other standards for mailboxes. Exterior Lighting · All exterior building lighting will be consistent with a southwest desert theme and meet or exceed the Marana Outdoor Lighting Code requirements in place at the time of development · Energy conserving lamps are encouraged. _Sanders Grove Specific Plan Marana, Arizona IV-12 Development & Design Guidelines · Spotlights and floodlights are prohibited except for those activated by a motion detector. · All wall, soffit or pathway lighting shall be shielded in a downward direction~ · Intense or concentrated lights on buildings, walls and other architectural features, or unshielded flood lights on landscape elements are unacceptable. m. Mechanical Equipment · Air conditioning/heating equipment may not be roof mounted. Soft water tanks, electric self-timer boxes for sprinklers or exterior lighting must be screened. Satellite dish conduit must match the color of the building. n. Utilities · All new utilities shall be installed underground. · Existing CMID irrigation canals will be placed underground or will be addressed by other agreement with CMID. Sanders Grove Specific Plan Marana, Arizona IV-13 Development & Design Guidelines 5. Commercial: Planning Area 1 The commercial area in Sanders Village will be designed similarly to the Residential/Commercial Village Core designations seen in the Marana Town Core. This will ensure connectivity between the Marana Town Core and Sanders Grove. This area will be developed in such a way as to promote neighborhood identity and a place where residents can participate in community activities. Permitted Uses · Apparel stores · Appliance stores · Bakery · Banks and financial institutions · Barber and beauty shops · Bicycle shops · Blueprinting or photocopying · Book and stationery store · Childcare institutions · Churches/Houses of Worship · Furniture stores · General offices: real estate, data processing, executive suites, photographic services, travel agents, research services, administrative offices, etco · Hardware stores · Laundromat and dry cleaning services · Medical and dental offices, including laboratories and clinics · Parks and Recreation Facilities · Professional offices: law, architectural, engineering, planning, business management, consulting, travel agency, financial services, etc. · Public Facilities · Restaurants (excluding drive-thrus) · Supermarkets · Tailor shop · Veterinary clinics be Conditional Uses · Automobile service stations · Convenience stores · Drive-through facilities for banks, restaurants and other similar uses · Medium-High Density Residential financial institutions, Sanders Grove Specific Plan Marana, Arizona IV-14 Development & Design Guidelines Prohibited Uses · No single user over 60,000 square feet · Automobile paint, body, brake and tire shops · Car washes · Contractors' yards · Heavy equipment sales or lease · Manufacturing · Storage uses d. Development Standards Non-residential · Minimum Lot Setbacks: ~ Front: 30 feet D Side: 20 feet o Rear: 20 feet · Building Setback Reduction: Building setback requirements may be reduced 15% when any of the following conditions are met: [] Landscape requirements are increased by 50%. Parking is located in the rear of building(s). Customer and pedestrian sitting areas are provided. · Maximum Building Height: 30 feet · Maximum Lot Coverage: 35 percent o Parking: As required by the Town of Marana Development Code. Residential · See Medium High Density Residential. Sanders Grove Specific Plan Marana, Arizona IV-15 Development & Design Guidelines e Commercial Design Criteria a. Site Orientation · Buildings are to be sited to minimize the impact of parking areas. · Place and orient buildings to maximize visibility from local arterials. b. Architecture · Architectural styles for commercial development shall be in keeping with the southwest theme of Sanders Grove. Territorial, Pueblo, Spanish Colonial and Spanish Mission are all acceptable architectural styles for commercial development within this specific plan. · Plazas, courtyards and other outdoor gathering spaces should be incorporated into the design of all commercial developments. · Buildings shall be designed with a variety of heights to create visual interest and minimize monotony along the street frontage. · Define building entrances through the use of building recesses, projections, colonnades, space frames or other appropriate architectural features. · Utilize window panels, reveals, recesses, projections and other decorative elements such as molding and arches to segment an otherwise massive, unarticulated exterior wall surface. · Integrate building material, texture, color and patterns into the overall architectural design concept to enhance visual interest. Ce Roofs & Mechanical Screens Roof top mechanical equipment must be below the top of the parapet or screened to be invisible from the ground. d. Entries · Primary entries should be positioned so they are immediately identifiable from the interior driveways and parking areas. · Secondary entrances shall be conveniently accessible from parking and delivery areas that serve the buildings. Storage Materials, supplies and equipment shall be stored inside a building or behind a visual barrier screen such that they are not visible from streets and adjacent properties. Visual barrier can be dense landscape screen or a combination of wall with landscape materials. Off-Street Loading & Service Areas All loading/service areas shall be accommodated on-site. On-street loading is prohibited. Sanders Grove Specific Plan Marana, Arizona IV-16 Development & Design Guidelines · Loading, service and delivery areas shall be located on the side or rear of a building and sufficiently screened so that they are not visible from adjacent uses. · Service areas shall be screened with a 5-foot wall and landscape materials. g. Refuse Enclosures · All refuse containers shall be enclosed by a minimum 5-foot high wall of a matching color and constructed of material similar or complementary to the adjacent buildings. · Enclosure walls shall be constructed of or painted with graffiti- resistant materials. Sanders Grove Specific Plan Marana, Arizona IV-17 Development & Design Guidelines 7. Circulation The circulation for Sanders Grove is designed to provide a safe and efficient movement of people. The main access points to the project are located along Sanders Road and Marana Road° Intersecting with Sanders Road to the east and Marana Road to the south is the proposed Sanders Grove Drive, which is classified as a residential collector, providing access throughout the site. Sanders Road will be improved and extended to the 1-10 Frontage Road; Hardin Road will also require improvements along the property's northern boundary, but will not be accessed from interior streets. Hardin Road will be a 2-lane asphalt paved road with 14 foot travel lanes. No additional access points are planned for Wentz Road, except for the local connection to Kirby Hughes Road. Pedestrian friendly movement throughout the site is a main goal of the circulation concept. It will be accomplished with a trail along Sanders Grove Drive, Sanders Road and possibly along Marana Road. The pedestrian trails will provide access to the proposed district park adjacent to 1-10 and Sanders Road. The trails will be accessible from local streets, which will be designed with sidewalks and bicycle access. All areas of the project site will be accessible by automobile, bicycles and pedestrians. Minimum Roadway Development Standards The minimum roadway standards in the Sanders Grove development are based on the Town of Marana's Subdivision Street Manual, adopted in April 2004. Drainage Interior collector roads and the perimeter roads will implement a storm drain system the time of roadway improvements where applicable, as require& 1-10 Impact Reduction Because the project is adjacent to 1-10, appropriate buffers will need to be installed to reduce the impact. It is planned to put the public neighborhood park adjacent to 1-10, which will buffer 1-10 from the residential development. Vegetation within the park, which may include an arrangement of trees in an orchard-type grid, will help mitigate the noise and visual impact of 1-10. do Functional Class Streets within Sanders Grove will be a mix of 90', 62', 60', and 46' rights-of-way. The new Sanders Grove Drive will be the spine road Sanders Grove Specific Plan Marana, Arizona IV-18 Development & Design Guidelines eo providing access to the entire site. It will be designed as a residential collector road with a 90' right-of-way and provide internal access to local streets within the Specific Plan and external access to Marana Road and Sanders Road. Other internal streets will be classified as local streets, which serve as access to residences. They are generally 2 lane roads with driveway access° Local streets are designed to handle 1000 average trips per day. They will have a 46' typical right-of-way according to the Marana Subdivision Street Standards adopted April 2004. Marana Road and Sanders Road are classified as arterial roadways. Both will have 250' future rights-of-way in accordance with the Northwest Marana Area Plan. This right-of-way includes a 100' foot landscape buffer with a 30' multi-use trail on one side within the right-of-way. On the opposite side, there will be a 20' landscape buffer from the back of the sidewalk. The landscape buffers within the rights-of-way will be used for retention/detention facilities. Wentz Road is classified as a collector road. No additional access points are planned for Wentz Road, except for the local connection to Kirby Hughes Road. There are no improvements planned for Wentz Road. Both will retain their 60' right-of-ways. Traffic calming techniques such as varying street widths, curvilinear streets and a mixed use of paving materials will be utilized in Sanders Grove, subject to approval by the Town of Marana. Cul-de-Sacs Refer to the Town of Marana Subdivision Street Standards, April 2004, regarding the length and turnaround required for cul-de-sacs. Sanders Grove Specific Plan Marana, Arizona IV-19 Development & Design Guidelines 8. Streetscape · A minimum 30-foot landscaped buffer with an 8-foot paved multi-use path shall be provided along interior spine/collector roads. · Use of cul-de-sacs and curvilinear patterns shall be used to avoid unrelieved, linear streets. · Medians shall be landscaped. · Open space relief is encouraged at the end of cul-de-sacs. · Landscaped, curb-separated sidewalks should be used along all local residential streets to enhance community identity and encourage pedestrian activity. · Use of front porches or front-facing terraces is encouraged, as they promote neighborhood interaction and provide a people-oriented streetscape. · Low open-type fencing, or landscape barriers, should be used in areas where vehicular or pedestrian access is discouraged. Sanders Grove Specific Plan Marana, Arizona IV-20 Development & Design Guidelines 9. Landscaping · Minimum site area devoted to landscaping shall be 10 percent, not including buffer or setback requirements. · Informal groups of shade trees shall be planted next to structures within recreation and open space common areas, school bus and transit stops, near mailbox areas and along multi-use trails. · A minimum tree size of 15 gallons shall be required for street and parking lot trees. Along spine roads, 20% of the trees shall be 24 gallons in size or greater. Shrubs must be a minimum 5 gallons. · Trees that produce large canopies and provide shade are especially encouraged. · Landscaping should be used to provide thematic and visual continuity at major arterial street intersections, with tree plantings located in a manner to provide accent, consistency and definition to the street intersection. · A non-potable water irrigation system shall be used throughout Sanders Grove to irrigate open space areas, bufferyards, streetscape, community gathering spaces and recreation areas. · Non-potable water connections shall be provided to individual residential lots for landscape irrigation. · Landscaping in perimeter bufferyards shall include indigenous plants, wildflowers and scattered groupings of trees and understory. In some areas, the use of orchard trees in a grid pattern may be appropriate for use as a buffer. · All orchard areas shall consist of a single species of trees (as permitted in Plant Palette found in Appendix D) and shall contain a minimum of 20 trees that are 15-gallon size or larger. · All planter areas within parking lots shall be provided with trees at the rate of not less than one tree per four parking stalls. Diamond- shaped planter islands are acceptable in parking areas for commercial and recreational uses. · New development adjacent to agricultural or rural residential uses will provide a minimum 20-foot landscaped, open space buffer · Long, unbroken expanses of high, solid walls or fencing are prohibited. · A master landscape plan shall be submitted with every new development project within Sanders Grove. · The developer or builder shall offer the homebuyer a selection of front-yard landscape packages that reflect the character and theme of the neighborhood as well as the compatibility with and connectivity to adjoining lots. Sanders Grove Specific Plan Marana, Arizona IV-21 Development & Design Guidelines · The number of plant materials required per individual lot should be in direct proportion to the size of the lot. However, the minimum plant requirements per lot are as follows: two 15-gallon trees, eight 5- gallon shrubs or accent plants and six 1-gallon ground cover plants. An automated irrigation system and ground cover are required. · Landscape lighting should be low level and recessed to shield the source of the light. Shrubs must be used to conceal landscape lighting fixtures. (Refer to Appendix D Plant Palette for approved and prohibited plant lists.) _Sanders Grove Specific Plan Marana, Arizona IV-22 Development & Design Guidelines 10. Recreation and Open Space The open space and recreation amenities proposed within the Sanders Grove Specific Plan give this project its unique identity. Park sites and large open spaces are situated throughout the entire project site, thereby making both active and passive recreation amenities readily available to residents of Sanders Grove and the greater northwest Marana community. The Specific Plan proposes a large neighborhood park along the 1-10 Frontage Road. This park will be dedicated to the Town of Marana and it will be a minimum of 20 acres with a service area of approximately 1 mile. The park will provide both active and passive recreation opportunities to the residents of the Sanders Grove community and the surrounding areas. It will include multi-use fields, baseball/softball fields, playground equipment, picnic areas and grassy areas to be enjoyed by the public. Pocket parks are planned for the individual subdivisions. The size of these parks will vary as they are based on the number of residences within the subdivision. These parks are meant to provide residents with a common open space in the individual subdivision. They will be privately owned and maintained by the Sanders Grove Community Association. A large linear open space area extends from the neighborhood park to Marana Road° The width of the open space will vary throughout its length, but it will have a minimum width of 30 feet. Attractive landscaping will be present throughout this area, providing residents with an aesthetically pleasing open space amenity. This area will be owned and maintained by the Community Association for the use by all residents within the Sanders Grove development. A community trail system will be established throughout Sanders Grove. It is a two-tier trail system (community trails and neighborhood trails) that incorporates pedestrian and multi-use paths to provide connectivity to the proposed neighborhood park, the pocket parks, the linear open space and the individual subdivisions. The community public trails, to be dedicated to the Town of Marana, will be constructed along Sanders Grove Drive, the linear open space extending from Marana Road to the neighborhood park and possibly Marana Road and Sanders Road° These trails create a spine trail system that the neighborhood trails feed into and ultimately provide access to the entire site. Multi-use paths will be constructed within the right-of-ways. Access to the community Sanders Grove Specific Plan Marana, Arizona IV-23 Development & Design Guidelines trails will be provided from the neighborhood trails and the local streets within Sanders Grove. The neighborhood trails are smaller, more community oriented trails providing the critical link between the subdivisions and community trails within the Sanders Grove area. These trails are meant to be used by the residents of Sanders Grove, whereas, the community trails are for the public. Access to the neighborhood trails will be within the individual subdivisions and along the community trails. The neighborhood trail may or may not have multi-use trail. Sanders Grove will comply with the Town of Marana open space standards by dedicating: · 6 acres/1000 residents · 185 square feet of on-site recreation space/single-family residence · 140 square feet of on-site recreation space/town home · Improvements, dedication of land and/or monetary contributions equaling $1000 per dwelling unit for regional and off-site parks. At a minimum the parks and trails must include: a. Neighborhood Park (Minimum 20 acres) · Infrastructure (Water, electricity, sewer, telephone) · Restroom facilities · Shade structures · Linkages to nearby trails or other pedestrian pathways · Perimeter Path · Landscaping & irrigation · Vegetation outlined in Appendix D: Plant Palette will be used · Trash receptacles · Park benches · Open-type fencing along perimeter of park · Signage · Water fountain · Bicycle racks · Security lighting · Picnic tables · Parking · Grills · Playground equipment · Multi-purpose playing fields (2 baseball/softball, 1 soccer/football) Sanders Grove Specific Plan Marana, Arizona IV-24 Development & Design Guidelines Basketball courts Recommended Features Additional soccer field Pool o Community center b. Pocket Parks · Infrastructure (water, electricity) · Linkages to nearby trails, or other pedestrian pathways · Small play structures · Grassy play areas · Ramadas and picnic areas · Landscaping & irrigation · Vegetation outlined in Appendix D: Plant Palette will be used · Trash receptacles · Park benches · Open-type fencing along perimeter of park · Signage · Water fountain · Bicycle racks · Security lighting Community Trails · 30' average width trail with 8' minimum paved multi-use path and 2' clear space on both sides of the multi-use path placed along all arterial and residential collector roads within the right-of-way · Must provide access to all public open spaces, schools and community facilities within Sanders Grove development · Access points will be located at all street intersections and at a maximum of every 0.5 mile · Lighting at all street entrances to the trail · Benches will be placed along trail at a minimum of every 0.5 miles · Trails will be landscaped with native and drought tolerant vegetation described in Appendix D: Plant Palette · Accent plants will be placed outside of any pedestrian areas including the 2' clear space Sanders Grove Specific Plan Marana, Arizona IV-25 Development & Design Guidelines d. Neighborhood Trails · 20' average width trail with a recommended 5'-8' minimum DG multi-use path · Must provide access to the community trails and subdivisions within Sanders Grove · Must be located in every subdivision · Security lighting at trail access points and where appropriate along the trail · Trails will be landscaped with native and drought tolerant vegetation described in Appendix D: Plant Palette · 2 shade trees per 100 feet with ground cover in between 11. Entry Features Sanders Grove contains a series of entry features with an integrated design of landscape, hardscape, monumentation and signage. Entry features aid in defining the community's character and present an introduction to the development. Entry features shall comply with Town of Marana sight visibility triangle requirements. Primary Entry Monumentation The primary entry features with monumentation will serve as a gateway into Sanders Grove. The monument, seen from a distance, provides the backdrop for the project name and logo. It signifies arrival and establishes the theme of the development. The primary entry features for Sanders Grove, including walls, signs, landscaping and pavement treatments, will be designed and installed by the Master Developer. Project entry monuments for Sanders Grove will be located at Sanders Road and Sanders Grove Drive and Marana Road and Sanders Grove Drive. Secondary Entry Monumentation Secondary entry features identify the entrances into the individual neighborhoods within Sanders Grove. Each entry into a subdivision shall be uniquely designed with common elements that bind the entire Sanders Grove community together. Secondary entry features will be constructed by the developers of each subdivision; approval by the Master Developer is required. Sanders Grove Specific Plan Marana, Arizona IV-26 Development & Design Guidelines Commercial Entry Monumentation Monuments identifying commercial centers shall be designed using common elements found in the primary and secondary entry features within Sanders Grove. Approval of commercial entry features by the Master Developer is required. 12. Signage The following sign regulations will effectively regulate the placement, erection and maintenance of signs within the project. These regulations are intended to provide equitable standards for the protection of property values, visual aesthetics and the public health, safety and general welfare. General Regulations The following general regulations shall apply to all signs: 1. All traffic related signs, including street name signs, will conform to the Manual of Uniform Traffic Control Devices and Town of Marana Standards. 2. All light sources, either internal or external, provided to illuminate signs shall be placed or directed away from public streets, highways, sidewalks or adjacent premises to not cause glare or reflection that may constitute a traffic hazard or nuisance. 3. Any sign located on a vacant or unoccupied property that was erected for a business which no longer exists, or any sign which pertains to a time, event or purpose which longer exists, shall be removed within 45 days after the use has been abandoned. 4. All signs shall be designed free of bracing, angle-iron, guy wires, cables or similar devices. 5. The exposed backs of all signs visible to the public shall be suitably covered, finished and property maintained. 6. All signs shall be maintained in good repair including display surfaces, which shall be kept neatly painted or posted. 7. Any sign which does not conform to the provisions contained herein shall be made to conform or shall be removed° 8. The height of all signs shall be measured from the highest point of the sign, exclusive of any part of the sign not included in the area calculations. bo Prohibited Signs The following signs shall be prohibited in all zones within the project area: 1. Inflatable signs. Sanders Grove Specific Plan Marana, Arizona IV-27 Development & Design Guidelines 2. Rooftop signs. 3. Signs on trailers or painted on the sides of disabled or parked vehicles. 4. Rotating, revolving or flashing signs. 5. Signs advertising or displaying any unlawful act, business, or purpose. 6. Any sign, notice or advertisement affixed to any street right-of- way, public sidewalk, crosswalk, curb, lamp post, hydrant, tree, telephone pole, lighting system, or upon any fixture of the fire or police alarm system of the Town of Marana. 7. Any strings or pennants, banners or streamers, cluster of flags, strings of twirlers or propellers, flares, balloons and similar attention-getting devices, including noise-emitting devices, with the exception of the following: · Pennants, banners, balloons, or flags used on conjunction with subdivision sales offices and tract entry points. · National state or local governmental, institutional or corporate flags properly displayed. · Holiday decoration, in season, used for an aggregate period of 90 days in any one calendar year. 13. Public Art The Master Developer shall work with the Marana Arts Council to incorporate public artwork into development within the specific plan to beautify the community and provide a unique sense of place for Sanders Grove. The following guidelines shall apply: · Public artwork shall be incorporated into the design of community gathering areas, parks and commercial plazas. Streetscape elements, such as community entry features, bus shelters and traffic circles, should also feature artwork in their design. · Adjacent property owners are encouraged to develop shared artwork, especially within common areas° · Artwork should reflect the "Southwest" heritage of Northwest Marana. · Artwork shall be composed of durable, weather-resistant materials. · Artwork shall be located so that it is reasonably visible to the public from a major road, open space area or building entrance. · Maintenance of artwork is the responsibility of the property owner. Sanders Grove Specific Plan Marana, Arizona IV-28 V. Implementation & Administration Implementation & Administration A. Purpose and Intent The regulations and guidance contained within this Specific Plan prescribe the implementation of development on the Sanders Grove site. It identifies the responsible party to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan~ For the purpose of identifying those responsible for implementation of the improvements for the Sanders Grove Specific Plan area, four entities must be identified. These are the Master Developer, the Sanders Grove Design Review Committee, the Builder and the Sanders Grove Community Association (SGCA). The Master Developer is the entity responsible for ensuring the basic infrastructure facilities, including sewer, water and roads, are planned and constructed to serve the development areas within the Sanders Grove Specific Plan in a timely and coordinated manner. They will also build the public open space, which will be dedicated to the Town of Marana, and the private open space which will be turned over to the SGCA. Diamond Ventures, or their successors and assigns, will be the Master Developer of the property. The Master Developer will also establish the Sanders Grove Design Review Committee to enhance the aesthetic and economic value of the Specific Plan area and to maintain uniformity of architectural and landscaping standards throughout the Specific Plan. So long as the Master Developer owns a single lot or planning area within the Specific Plan, or any property annexed into the Specific Plan, or until all lots have been conveyed to Non-Builder Owner, whichever is later, the Master Developer shall have the right: · To appoint and remove all regular and alternate members of the Sanders Grove Design Review Committee; · To adopt, amend and supplement the Sanders Grove Design Review Committee Guidelines, as deemed necessary by the Master Developer (subject to Town of Marana approval); and · To limit the number of persons serving the Sanders Grove Design Review Committee to as few as two (2) in number. The committee shall consist of five (5) members appointed by the Master Developer, including at least one each of the following: a representative from the Town of Marana, one neighbor, one landscape architect and the Master Developer. The fifth member will be from one of the groups mentioned above. This committee will review design issues relating to site design, architectural Sanders Grove Specific Plan Marana, Arizona V-1 Implementation & Administration elevations, entry statements, screen wall design, landscape plans, utility design/construction and sign design within the project. They will also review subdivision plats to ensure that the intent of the specific plan is carried out. To better assist in the review and administration of submittals pursuant to the Sanders Grove Design Review Committee Guidelines, the Master Developer may, at its sole and absolute discretion, until such time that it relinquishes control of the Sanders Grove Design Review Committee, appoint an advisory committee, composed of representative of Builders. The size and composition are to be determined solely by the Master Developer. At any time, the Master Developer may relinquish its rights and assign any or all rights to one or more Builders. The Builder is the purchaser of a development area, or portions of a development area and is responsible for building or providing for building within their area(s) of ownership. The Sanders Grove Community Association is the entity responsible for the maintenance and management of all shared private common areas that are not dedicated to the Town of Maranao In addition, the SGCA will enforce the Master CC&R's placed on the properties. B. Proposed Changes to Zoning Ordinances The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations of the Town of Marana Land Development Code that are applicable for the most similar issue, condition or situation shall be used by the Planning Director and the Development Services Administrator as the guidelines to resolve the unclear issue, condition or situation. C. Subdivision Plat and Architectural Review Process The subdivision plat, development plan and architectural review processes are outlined in the Design Review Procedures in the Design Guidelines section of this document. Sanders Grove Specific Plan Marana, Arizona V-2 Implementation & Administration D. Development Review Procedure The development review procedure for Sanders Grove Specific Plan shall be implemented through the review and approval process of preliminary and final plats by the Town of Marana and through the Town of Marana building permit approval process. Final decisions on grading, drainage, final road alignment and other matters will be made at the final plat stage and are the responsibility of the Town of Marana. The review process shall include the Master Developer as follows: No structures including signs, shall be erected, improved or altered, nor shall any grading, excavation, tree removal or any other work which in any way alters the exterior appearance of any structure or area of land be commenced unless it has been approved in writing by the Master Developer or designated Sanders Grove Design Review Committee (DRC). The intent of this process is to ensure the project's design theme and character is implemented in line with the vision of this Specific Plan and the Northwest Marana Area Plan. These procedures pertain specifically to the Master Developer and/or the DRC and not to the Town of Marana. All proposed subdivisions and commercial uses within the Sanders Grove Specific Plan shall be required to submit plans to the Master Developer or DRC for approval prior to submitting to the Town for approval and permitting. Subdivision plats, development plans, public and private utility plans, signs, street lighting, park lighting and drainage features shall be approved by the Town of Marana in accordance with Town of Marana procedures and standards. E. General Implementation Responsibilities The Sanders Grove Specific Plan shall be implemented through the subdivision and development plan review processes. This process will allow for the creation of lots as preliminary and final plat maps which allow for implementation of the project. The Sanders Grove Specific Plan will guide the platting process with other official Town of Marana ordinances, policies, maps and regulations. Implementation of Sanders Grove Specific Plan shall be the responsibility of the Master Developer in accordance with the regulations and guidelines contained within the Specific Plan, unless otherwise noted. This entity shall be responsible for the engineering and implementation of the spine infrastructure. The spine infrastructure systems are defined as those systems necessary to provide development opportunities to the Sanders Grove site. These systems include access roads, residential collectors and associated streetscapes, drainage improvements, trunk sewers, irrigation, water mains, electric lines, gas, phone Sanders Grove Specific Plan Marana, Arizona V-3 Implementation & Administration Fe lines and cable television facilities in the major streets. Once these spine infrastructure systems are put into place, the Builder may be responsible for the repair of facilities within the spine infrastructure system that would be damaged or destroyed by secondary development if installed by the Master Developer° Approval of a subdivision plat, development plan or building permit is subject to the following requirements: · Conformance with the Sanders Grove Specific Plan as adopted; · Provision of development-related agreements as required by applicable agencies; · Dedication of appropriate rights-of-way and easements for roads, utilities and drainage areas by plat, or by separate instrument if the property is not to be subdivided. ·Master CC&R's will be provided at the time of Final Block Plat review for Sanders Grove Master Plan; · All subdivisions are required to have individually recorded CC&R's; · All subdivisions will require preliminary plat review and acceptance by Town staff, the Planning Commission and the Town Council. All subdivision final plats will require review and approval by Town staff and Town Council. The Master CC&R's for Sanders Grove, as well as the individual subdivision CC&R's, must disclose the potential nuisances associated with adjacent existing farm and agricultural uses. Phasing It is envisioned that this project will be developed as a cohesive development, achieved in phases, with an estimated build out period of 8 years. Vertical development will not start for 2 years from the time this Specific Plan is approved. Infrastructure development will begin immediately° The development will likely consist of 4 phases. The actual number of residential homes to be built in each phase will be determined at a later date, but the number of homes will not exceed 2500. The public and private open space areas will be constructed on a proportionate basis in accordance with the amount of land being developed. In general, development will progress from east to west, with the areas adjacent to Wentz Road the last to develop. Phase ! includes the beginning phases of the spine infrastructure. Sanders Grove Drive, which will provide access to the entire site, will be constructed from Sanders Road westerly to the intersection of the unnamed collector that connects Sanders Grove Specific Plan Marana, Arizona V-4 Implementation & Administration to the park to the north. Construction of water and sewer systems will also take place during this time. Residential development will begin with planning areas 11-14. In Phase II, planning areas 2, 3, 4 & 6 will be constructed along with the Sanders Road alignment to the 1-10 Frontage Road. The east/west road connecting Sanders Grove Drive and Sanders Road will be constructed during this phase. Improvements to Marana Road will be completed as well as partial construction of the north/south collector road off of Sanders Grove Drive. In Phase III, residential development includes planning areas 5, 7, 8 & 9. The final phase will see the construction of the residenfial areas, planning areas 10, 15 & 16 adjacent to Wentz Road. The commercial area, planning area 1, is also included in Phase IV. The purpose of the phasing plan is to relate infrastructure requirements to proposed development. Although the sequence is implied, development of phases may occur in a different order or concurrently, at the discretion of the Master Developer, as long as the related infrastructure is adequately in place. Change in the phasing order can occur due to unforeseen factors affecting development° Flexibility is needed within the Specific Plan to address these changing needs while still maintaining a timely development. Infrastructure such as roads, sewer, water and grading will be constructed and extended in accordance to the build out of the project. See Exhibit V.F: Phasing Schedule. Sanders Grove Specific Plan Marana, Arizona V-5 Implementation & Administration Exhibit V.F: Phasing Schedule ~. EGEND HARDIN ROAD MARANA ROAD NOTE THE PLANNING CENTER Sanders Grove Specific Plan Marana, Arizona V-6 Implementation & Administration H. Specific Plan Administration 1. Enforcement The Sanders Grove Specific Plan shall be administered and enforced by the Town of Marana Development Services Department in accordance with the provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively by the Town of Marana Planning Director or Development Services Administrator, provided said changes are not in conflict with the overall intent as expressed in the Sanders Grove Specific Plan. Any changes must conform to the goals and objectives of the Plan. The Planning Director's or Development Services Administrator's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal by the Town Council. Categories of administrative change include, but are not limited to: The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director. be Changes to the community infrastructure planning and alignment such as roads, drainage and water and sewer systems that do not increase the development capacity in the Specific Plan area. Co Changes to development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the specific plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval. d. Changes to development regulations that are in the interest of the community and do not affect health or safety issues. Sanders Grove Specific Plan Marana, Arizona V-7 Implementation & Administration 3. Substantial Change This specific plan may be substantially amended by the same procedure as it was adopted° Each request shall include all sections or portions of the Sanders Grove Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development. I. Monitoring Program At the platting stage, the Master Developer will provide Town staff with a Monitoring Program outlined in Appendix D of the Northwest Area Marana Plan. This will provide Town of Marana staff with information to assess the impact of proposed developments on existing infrastructure and determine the needs for future development. See Appendix E: Monitoring Plan for the necessary forms to be completed. Sanders Grove Specific Plan Marana, Arizona V-8 Appendix A: Legal Description EXHIBIT "ONE" Parcel 1' The North hail of Section 20 in Township 1 t South, Range 1! East, Gita and Salt River Meridian, Pima County, Arizona. Parcel 2: That part of the East half of the Northwest quarter of Section 17 in Township 1 I Soul:h, Range 11 East, Gila and Sail: River Meridian, Pima County, Arizona, Dying South and West of the Southwesterly right of way line of the Tucson-Casa Grande Highway, said ri~oht of way being described as follows: Beginning at a point on the North l~ne of said Section 17 from whence the Northwest corner bears South 89~ 24' 46" West a distance of 1S35.17 fee~; Thence South 50° 29' 00" East a distance of 4512.?8 feet to a po[rtl: on The East line of said Section 17 and the Point of Ending of said line. Parcel 3: That part of the Northeast quarter of Section 17 in Township ll South, Range t I East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwesterly right of way line of the Tucson-Casa Grande Highway, said right of way being described as follOWS: Beginning at a point on the North line of said Sect[on 17 from whence the Northwest corner bears South [~9= 24' 45" Wes~ a distance of 1835.1 ? feel:; Thence South 50= 29' 00" East a distance of 4512.78 feet to a point on the East line o~ said Section i7 and The Point of Ending of said line. Parcel 4: That part of ~he South half Section I7 in Township 1 1 South, Range I I Eas% Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwesterly fight of way line of the Tucson-Casa Grande Highway, said right of way being described as follows: Beginning at a point on l:he North line of said Sect[on 17 from whence l:he Northwest corner bears South 89° 24' 46" West a disl:ance of 1835.1 7 feet; Thence South 50~ 29' 00" East a distance of 4512.78 feet to a point on the East line of said Section 17 and the Point of Ending of s~.[d line. Parcel 5' The West half of the Northwest quarter of Section 17 in Township I 1 South, Range i I East, Giia and Salt River Meridian, Pima County, Arizona. Sanders Grove Specific Plan Marana, Arizona A-1 Appendix B: Definitions For the purposes of the Sanders Grove Specific Plan, other than those listed below, the definitions contained in Title 3 of the Town of Marana Development Code shall apply~ · Builder/Developer--The person or entities who acquire and developed planning areas within the Sanders Grove Specific Plan area. · Density--The number of dwelling units that may be constructed per gross acre. Design Review Committee--The Master Developer will be responsible for establishing the Sanders Grove Design Review Committee (DRC). This Committee will consist of five members appointed by the Master Developer. The DRC will review and approve screen wall design, entry statements, landscape plans, utility design and construction, sign design and the location of municipal and community facility uses in conformance with the Sanders Grove Design Guidelines. The Committee will have approval authority on these matters until such time that the property is entirely transferred from the Master Developer or its assigns to Builders within the project. · Lot Coverage--The area of a site occupied by structures. Master Developer--The entity responsible for (1) Establishing the Sanders Grove Design Review Committee; (2) Developing the spine infrastructure for Sanders Grove in a phased manner in accordance with the phasing plan; (3) Assuring that development conforms with the Sanders Grove Design Guidelines and Development Regulations; and (4) Designating the custodial agency that will maintain private open space areas in perpetuity in accordance with the Management Program. Open Space--Areas set aside for public and private enjoyment as part of a designed element in the Sanders Grove development. These areas will provide both active and passive recreation opportunities including landscaped areas that provide visual relief, pedestrian trails, play fields and multi-use pocket parks. Sanders Grove will have areas of public open space that will be maintained by the Town of Marana and are for the enjoyment of the public. Areas of private open space will be maintained by the Sanders Grove Homeowners Association and are for the direct benefit of the residents of the development. Phase I--A Phase I Environmental Site Assessment (ESA) takes a historical inventory of a parcel of land. This assessment includes past and present land uses, site operations and conditions to determine the potential presence of hazardous substances and contamination of the soil and/or groundwater. Sanders Grove Specific Plan Marana, Arizona B-1 Appendix C: Citizen Participation Plan The State of Arizona's Growing Smarter legislation has established new requirements for towns, cities and counties to better evaluate and subsequently respond to growth issues. A major element of this framework includes enhanced public participation and notification procedures. According to the Arizona Revised Statutes (A.R.S.) 9-641.06 (B), "the procedures shall provide for: a. The broad dissemination of proposals and alternatives; b. The opportunity for written comments; c. Public hearings after effective notice; d. Open discussions, communications programs and information services; and e. Consideration of public comments.' The following information outlines the public participation plan for Sanders Grove: Representatives for Diamond Ventures and The Planning Center conducted a neighborhood meeting on February 12, 2004 to inform property owners in the area about the proposed project and to gain their input on the plan. Approximately 15 neighbors were in attendance, along with several staff members from the Town of Marana. Section 10.02.C of the Town of Marana Land Development Code requires all property owners within 300 feet be notified of a proposed rezoning; notification for this neighborhood meeting exceeded the minimum requirement by at least 1000 feet. A second neighborhood meeting will be scheduled after the submittal of the specific plan to the Town for review but prior to the project being scheduled on the Town of Marana Planning Commission agenda. Town of Marana Planning staff will be provided with a copy of the list and map used to notify the property owners for these meetings. Additionally, a summary of each neighborhood meeting and attendance sheet will be provided to staff. Sanders Grove Specific Plan Marana, Arizona C-1 Appendix D: Plant Palette MAJOR STREETSCAPE TREES: Acacia smallii.* Acacia salicina Celtis reticulata* Cercidium hybrid Cercidium microphyllum Cercidium praecox Chilopsis linearis* Prosopis (So. Am. hybrid) Eucalyptus camaldulensis Eucalyptus campaspe Eucalyptus formanii Eucalyptus leucoxylon (rosea) Eucalyptus microtheca Eucalyptus polyanthemos Eucalyptus rudis Eucalyptus spathulata Fraxinus velutina* Juglans major* Pistacia atlantica Quercus buckleyi* Quercus polymorpha* Quercus Virginana *Species appropriate for use in orchards. SHRUBS: Caesalpina gilliesii Dasilirion wheeleri Encelia farinosa Hersperaloe paviflora Leucophyllum sppo Sweet Acacia* Willow Acacia Western Hackberry* Palo Verde Littleleaf or Foothill Palo Verde Palo Brea Desert Willow* Thornless Mesquite (So. hybrid) Red River Gum Silver Gimlet Eucalyptus White Iron Bark Tiny Capsule Eucalyptus Silver Dollar Gum Desert Gum Swamp Mallee Arizona Ash* Walnut* Mt. Atlas Pistache Oak* Oak* Oak Yellow Bird of Paradise Desert Spoon Brittle Bush Red Yucca Texas Ranger Species gmo Sanders Grove Specific Plan Marana, Arizona D-1 Appendix D: Plant Palette ACCENT PLANTS: Agave spp. Carnegiea gigantea Dasylirion acrotriche Echinocactus grusonii Ferocactus spp. Fouquieria splendens Hesperaloe parviflora Yucca brevifolia Yucca elata Euphorbia antisyphilitica GROUND COVER: Calylophus hartwegii Lantana camara Lantana montevidensis Verbena peruviana Baccharis sarothroides Agave Species Saguaro Green Desert Spoon Golden Barrel Barrel Cactus Ocotillo Red Yucca, Red Hesperaloe Joshua Tree Soaptree Yucca Wax Plant, Candelilla Flowered Calylophus Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena Desert Broom Sanders Grove Specific Plan Marana, Arizona D-2 Appendix D: Plant Palette SECONDARY STREETSCAPE TREES: Acacia spp. Chilopsis linearis Prosopis chilensis Prosopis velutina SHRUBS: Agave spp. Caesalpina gilliesii Hersperaloe paviflora Leucophyllum spp. ACCENT PLANTS: Carnegiea gigantea Dasylirion acrotriche Echinocactus grusonii Ferocactus spp. Fouquieria splendens Hesperaloe parviflora Yucca brevifolia Yucca elata GROUND COVER: Calylophus hartwegii Gazania rigens leucolaena Lantana camara Lantana montevidensis Verbena peruviana ACCENT TREES AT ENTRIES/INTERSECTIONS: Sophora secundiflora Quercus Virginana Acacia Species Desert Willow Chilean Mesquite Velvet Mesquite Agave Species Yellow Bird of Paradise Red Yucca Texas Ranger Species Saguaro Green Desert Spoon Golden Barrel Barrel Cactus Ocotillo Red Yucca, Hesperaloe Joshua Tree Soaptree Yucca Red Flowered Calylophus Trailing Gazania Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena Texas Mountain Laurel Oak Sanders Grove Specific Plan Marana, Arizona D-3 Appendix D: Plant Palette PARKING LOT TREES: Celtis reticulata Cercidium floridum Prosopis chilensis Quercus Virginana SHRUBS: Atriplex spp. Pithecellobim flexicaule Salvia chamaedryoides Salvia columbariae Salvia greggii GROUND COVER: Calylophus hartwegii Lantana camara Lantana montevidensis Verbena peruviana Netleaf Hackberry Blue Palo Verde Chilean Mesquite Oak Atriplex Species Texas Ebony Blue Sage Chia Texas Red Salvia, Autumn Sage Calylophus Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena Sanders Grove Specific Plan Marana, Arizona D-4 Appendix D: Plant Palette RESIDENTIAL TREES: Acacia spp. Cercidium floridum Cercidium hybrid Cercidium microphyllum Cercidium praecox Chilopsis linearis Prosopis spp. SHRUBS: Dalea frutescens Dalea greggii Penstemon spp Rosmarinus officinalis Ruellia califomica Ruellia peninsularis Salvia spp. Simmondsia chinensis Acacia Species Blue Palo Verde Palo Verde Foothills Palo Verde Palo Brea Desert Willow Prosopis (Mesquite) Species Black Dalea Trailing Indigo Bush Penstemon Species Bush Rosemary Ruellia Ruellia Salvia Species Jojoba, Goat Nut ACCENT PLANTS: Agave americana Agave colorata Agave filifera Agave huachucensis Agave palmeri Agave vilmoriniana Carnegiea gigantea Dasylirion wheeleri Echinocereus spp Hesperaloe parviflora Opuntia spp. Psilostrophe cooperi Yucca aloifolia Yucca baccata Yucca camerosana Yucca recurvifolia (pendula) Century Plant Agave Agave Huachuca Agave Palmer Agave Octopus Agave Saguaro Sotol Hedgehog, Rainbow Cactus Red Yucca, Red Flowered Hesperaloe Opuntia Species Paper Flower Spanish Bayonet Yucca Banana Yucca Giant Dagger Yucca Pendulous or Curveleaf Yucca Sanders Grove Specific Plan Marana, Arizona D-5 Appendix D: Plant Palette GROUND COVER: Calylophus hartwegii Lantana camara Lantana montevidensis Verbena peruviana Calylophus Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena VINES: Macfadyena unguis-catii Ficus Pomilia Cat's Claw Vine Fig Vine ENTRYWAY PLANTS FOR INDIVIDUAL HOUSES: Antigonon leptopus Bougainvillea spp. Cissus trifoliata Chamaerops humilis Cycas revoluta Cyperus alternifolius Feijoa sellowiana Hibiscus coulteri Macfadyena unguis-cati Mascagnia lilacina Mascagnia macroptera Merremia aurea Tagetes lemmoni Tecomaria capensis Queen's Wreath Bougainvillea Desert Grape Ivy Mediterranean Fan Palm Sago Palm Umbrella Plant Pineapple Guava Yellow Hibiscus, Coulter's Hibiscus Cat's Claw Vine Lavender Orchid Vine Yellow Orchid Vine Yellow Merremia Mountain Marigold Cape Honeysuckle Sanders Grove Specific Plan Marana, Arizona D-6 Appendix D: Plant Palette PROHIBITED PLANT LIST: Acacia willardiana Juniperus chinensis Juniperus deppeana Juniperus sabina Parkinsonia aculeata Phoenix canariensis Phoenix dactylifera Pinus edulis Pinus eldarica Pinus halepensis Pinus monophylla Pinus pinea Pinus roxburghii Schinus molle Tamarix aphylla Washingtonia filifera Washingtonia robusta Zizyphus jujuba Palo Blanco Juniper (many cultivars) Alligator Bark Juniper Sabine Juniper Mexican Palo Verde Canary Island Date Palm Date Palm Pinon Nut Pine Afghan Pine Aleppo Pine Singleleaf Pinon Pine Italian Stone Pine Chir Pine California Pepper Tree Athel Tree, Tamarisk California Fan Palm Mexican Fan Palm Chinese Date Sanders Grove Specific Plan Marana, Arizona D-? Appendix E: Monitoring Plan Sanders Grove Specific Plan Marana, Arizona E-1 Appendix E: Northwest Marana Monitoring Plan Development Monitoring Program Purpose The Development Monitoring Program and procedures are intended to provide the Town of Marana with an accurate record of the type, size, status and timing of various development projects within Northwest Marana and systematic method for assessing the impacts of these development proposals on the Northwest Marana area's infrastructure. This, in turn, will allow proper advance planning by the Town staff in terms of design of infrastructure improvements and capital financing. The monitoring program and associated data base will also assist the Town to ensure that a degree of development flexibility can be exercised as the Northwest Marana Area Plan is implemented, but that overall density and development ceilings can still be maintained. Scope of the Monitoring Program The following infrastructure systems are included in the monitoring program: a) Traffic and roadway facilities b) Water and sewer facilities c) Storm drainage systems Development monitoring questionnaires have been prepared for each of the above topics and are included as Tables D-1 through D-4 in this section. Specifically, the monitoring program will address the following infrastructure information: Traffic a) Traffic demands and roadway requirements associated with development proposals within the project area, which will include traffic forecasts resulting from completed development within Northwest Marana, as well as forecast traffic for those projects which have been approved but not constructed. b) Timing of roadway improvements based upon a given level of development in the project area. c) Signalization needs at key intersections within Northwest Marana. Water and Sewer a) Cumulative water and sewer demand in system prior to requests for development review, including demands from projects approved but not yet constructed. b) Water and sewer demand for the development proposal in question based on standardized generation factors. 1 Northwest Marana Monitoring Plan c) New cumulative water and sewer demand, including the development being considered along with assessments for system improvements to accommodate total demands. Drainaqe a) b) Cumulative existing water run-off at the boundaries of the project area, prior to consideration of individual development proposals. Cumulative water run-off at project boundaries considering the latest development increment being reviewed, as well as all other previously approved development projects, completed or not, to establish the theoretical maximum outflow of any one concentration point. Program Input Requirements The monitoring program requires the input of accurate development-related information in order to provide a credible database and deliver accurate forecasts. This data, to be collected as part of the monitoring questionnaires, includes: a) Project location within the Northwest Marana area. b) Existing land use data for the project location. c) Proposed land use type and density/intensity. d) Daily trip generation rates, AM and PM peak hour trips for adjacent street source (traffic portion only). e) Identification of drainage areas affected by the proposed project and estimate of both existing (pre-project) 100-year storm run-off and with construction of the project (drainage portion only). f) Estimated water consumption and sewage generation rates as a result of the project in question (water and sewer only). In each instance, applicants are required to use standardized Town generation rates for traffic, water and sewer usage and water run-off unless alternative arrangements are made with the Town of Marana Engineer's office. Program Outputs The following types of output can be achieved from the monitoring program. a) Traffic demand forecasts, including a summary for background (existing) traffic plus approved development traffic plus proposed project traffic. The forecast demand volumes can be summarized by traffic component, such as increase in town-wide traffic, increase in regional through traffic and Northwest Marana traffic. Results of this output function can be compared with base traffic demand forecasts (background traffic plus approved development traffic) to determine specific impacts resulting from development of proposed projects. b) Roadway improvement phasing summaries and estimates regarding the level of remaining development which could occur prior to the need for additional improvements. 2 Northwest Marana Monitoring Plan c) Signalization needs. d) Estimated water and sewer demand for all linkages and key facilities in the Town's water and sewer system. e) Storm water run-off estimates for each drainage basin compromising the project area and impacts on major surface and subsurface drainage facilities. Cycle of Activity The following general cycle of activity described the proposed day-to-day functioning of the monitoring program. a) The Town of Marana Planning Department will distribute monitoring packets to potential development applicants consisting of: · Blank monitoring questionnaires (traffic, water, sewer, drainage). · Instruction forms, including standardized infrastructure generation rates. b) Completed questionnaires are returned to the Planning Department along with development plan submittals. This is the "input" phase of the monitoring process. The Town Council will establish a processing fee, by resolution, to recover costs. c) Information contained in the questionnaires are reviewed and evaluated by the Town staff. Town staff inputs this data into the various computer models (traffic, water, sewer, drainage). d) Results of the modeling runs are reviewed by Town staff to determine the type and level of infrastructure improvements that are needed to accommodate development caused by background conditions plus previously approved projects plus development. Appropriate conditions of approval are placed on approval of development project. e) If project is approved, impact information is added to the base conditions of the various infrastructure models. 3 Northwest Marana Monitoring Plan TABLE D-1 Northwest Marana Area Plan Monitoring Program Traffic Analysis Questionnaire Please complete the following questions regarding the proposed project. This questionnaire must be submitted to the Town Planning Department along with a copy of any required traffic impact analysis for the proposed project. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.) Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Traffic Analysis Zone (Town Zone): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc.). Land Use Unit Amount Northwest Marana Monitoring Plan Provide project trip generation by land use. Use the approved trip generation rates provided by the Town. Total Project If necessary, attach additional sheets to answer the above questions. 5 Northwest Marana Monitoring Plan TABLE D-2 Northwest Marana Area Plan Monitoring Program Water Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.). Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc:). Land Use Unit Amount 6 Northwest Marana Monitoring Plan Calculate estimated water demand by land use type. Use water demand factors provided by the Town. Attach additional sheets if necessary. Land Use Unit Est. Water Demand Total Project Describe any additional characteristics of the project, which may influence or affect water demand for the project (i.e., special water conservation measures, etc.). 7 Northwest Marana Monitoring Plan TABLE D-3 Northwest Marana Area Plan Monitoring Program Drainage Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. 1. Project Name: 2. Town File No. (Tentative Parcel Number, Specific Plan, etc.). Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Indicate the drainage area or areas in which the project is located. 8 Northwest Marana Monitoring Plan o Describe existing uses located on the project area and give the best estimate of the length of time this condition has existed. Also estimate amount of impervious (i.e., paved, asphalted or concrete) existing within the project boundary: o Provide a summary of proposed land uses, unit of measure (dwelling units, square footage, acreage, etc.) and amount of each type of land use. Land Use Unit Amount ° Calculate estimated 100-year water run-off for the proposed development area for existinq conditions. Impervious area includes building area, concrete or asphalt paved areas and other covered structures such as patio covers, garages, etc. Pervious areas include orchards, lawns, gardens and natural, undeveloped area: Pervious area (acres): Pervious area run-off in cfs (1.3 X line a): Impervious area (acres) Impervious area run-off cfs (2.6 X line c): Total area (acres) (line a + line c): Total estimated run-off (line b + line d): 9 Northwest Marana Monitoring Plan Calculate estimated 100-year water run-off from the proposed development project. Pervious and impervious covers are as described in Question 7. Please use standard Town coverage values for different types of land uses: Pervious area (acres): Pervious area run-off in cfs (1.3 X line a): Impervious area (acres) Impervious area run-off cfs (2.6 X line c): Total area (acres) (line a + line c): Total estimated run-off (line b + line d): Describe any additional characteristics of the proposed project which may influence or affect estimated water run-off (i.e., construction of detention or retention ponds, etc.): 10 Northwest Marana Monitoring Plan TABLE D-4 Northwest Marana Area Plan Monitoring Program Sewage Analysis Questionnaire Please complete the following questions regarding the proposed project in relationship to usage of water. The completed questionnaire must be submitted to the Town Planning Department along with any supporting material. Project Name: Town File No. (Tentative Parcel Number, Specific Plan, etc.). 3~ Project Location and Size (include a detailed description of the location and boundaries of the project site, including assessor parcel numbers, if available and major abutting streets): Land Uses - Provide a summary of the proposed land uses, unit of measure (DUs, Acres, etc.), and amount of each use. For residential uses, provide density classification. For commercial uses, please be as specific as possible regarding proposed land uses comprising the commercial site (i.e., specialty retail, restaurants, etc.). Land Use Unit Amount 11 Northwest Ivlarana lwomtoring Plan a. Calculate estimated water demand by land use type. Use water demand factors provided by the Town. Attach additional sheets if necessary. Land Use Unit Est. Water Demand Total Project 12 Appendix F: Bibliography Arizona Revised Statutes. State of Arizona, Phoenix, AZ. Revised 2003. Brown, D.E. (Ed). Biotic Communities: Southwestern United States and Northwestern Mexico. Salt Lake City, UT: University of Utah Press. (1994). Cascada Specific Plan, under review by Town of Marana, February 2004. DC Ranch Design and Construction Manual. The Covenant Commission, Scottsdale, AZ. September 1997. Marana 835 Due Diligence Report. Morrison Maierle, Inc, Phoenix, AZ. August 2003. Marana General Plan. Town ofMarana. Marana, AZ. March 2003. Marana Town Code. Town ofMarana. Marana, AZ. Revised 2002. Northwest Marana Area Plan. Town ofMarana. Marana, AZ. October 2000. Pima County Code. Pima County, Tucson, AZ. Revised July 2003. Pima County Assessor's Office. "Public Records Search." (19 February 2004). Pima County Department of Transportation, Technical Services Division. "Pima County Land Information Systems Version 23.0." (7 July 2003). Pima County Department of Transportation, Technical Services Division. "Pima County Map Guide Maps." <http://www.dot.co.pima.az.us/gis/maps/mapguide/> (September 2003). Planning and Design Guidelines Manual. City of Surprise, Surprise Arizona. July 2002. Recreation Area Design Manual. Pima County Natural Resources, Parks & Recreation Department, Pima County, AZ. October 2003. Tortolita Vistas Specific Plan, under review by Town of Marana, February 2004. Town of Marana Trail System Master Plan. Town of Marana, Marana, AZ. September 2000. Sanders Grove Specific Plan Marana, Arizona F-1 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B. 2 a. TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director PUBLIC HEARING. Ordinance No. 2004.26: Relating to Zoning; a request by Cottonwood Properties to rezone approximately 230 acres of land from R-144 (Single Family Residential, 144,000 square feet minimum lot area) to "F" (Tortolita Vistas Specific Plan). The proposed Tortolita Vistas Specific Plan proposes to restrict the site disturbance to a maximum of forty percent of the site (92 acres). The property is generally located south of Moore Road, east of the Oldfather Road alignment and west of Thornydale Road in Section 31, Township 11 South, Range 13 East. This proposed action would repeal the Tortolita Vistas Specific Plan as adopted on July 20, 2004 and replace it with a revised Tortolita Vistas Specific Plan which, among other things, is proposed for a maximum of 155 units (reduced from 400 in the previously adopted plan) and minimum individual lot sizes of 32,000 square feet (increased from 6,000 square feet in the previously adopted plan). DISCUSSION Town Management was approached by representatives of Cottonwood Properties concerning the Tortolita Specific Plan and the upcoming referendum relating to the Tortolita Vistas Specific Plan as approved by Council on July 20, 2004 by Ordinance No. 2004.18. The property owner met with Citizens for Responsible Growth in Marana, the originators of the referendum petition, in hopes of reaching a compromise regarding the total number of homes permitted on the site that would repeal and replace the Council's July 20 action and thereby nullify the basis for the referendum. Cottonwood Properties presented Town Management with a two-party Land Use Intensity Reduction Agreement with Citizens for Responsible Growth that agrees to a reduction of land use intensity, along with additional zoning conditions as an exhibit to the agreement. A copy of the Land Use Intensity Reduction Agreement, with exhibits, is attached. Cottonwood has asked the Town Council to repeal the adopted Tortolita Vistas Specific Plan, replacing it with the conditions agreed to by the two parties. If this action is taken, Cottonwood Properties would submit a new specific plan document within 45 days, incorporating the revisions as set forth in the agreement with Citizens for Responsible Growth. {00000422.DOC / } 12/16/2004 10:12 AM BB/FC ATTACHMENTS Land Use Intensity Agreement. Ordinance No. 2004.26 is not attached pursuant to the recommendation for continuance. RECOMMENDATION Staff recommends that this item be continued to January 4, 2005. Staff further recommends that the Council require Cottonwood Properties to provide revised Tortolita Vistas Specific Plan documentation in advance of the January 4 meeting to allow Staff and Council to review the revised documentation for consideration and possible adoption of Ordinance No. 2004.26 on or after January 4, 2005. SUGGESTED MOTION I move to continue consideration of Ordinance No. 2004.26 to January 4, 2005, and to direct the Developer to provide revised Tortolita Vistas Specific Plan documentation in advance of the January 4 meeting. {00000422.DOC/}-2- Tortolita Vista Specific Plan bluesheet 12-21-04 (00000422).DOC LAND USE INTENSITY REDUCTION AGREEMENT This Land Use Intensity Reduction Agreement is made and entered this __ day of November, 2004, by and between the Citizens for Responsible Growth in Marana, a political action committee (the "Petitioners"), and Overland Vistoso Limited Partnership, an Arizona Limited Liability Partnership and affiliates thereof (collectively the "Land Owner"). RECITALS A. The Land Owner has commenced proceedings under the Marana Town Code requesting that its property be rezoned, and in doing so, has filed with the Town of Marana ("Town") an application for approval of the Tortolita Vista Specific Plan ("Specific Plan") for rezoning of approximately 231 acres ("Property") to allow for development of up to four hundred residential lots on the Property. B. The Specific Plan submitted by the Land Owner was modified at the request of staff and approved by the Town's Planning Commission on May 16, 2004. C. The Town Council reviewed the Specific Plan as modified on July 20, 2004, additional modifications were made, and it was unanimously approved as so modified. D. Before the Specific Plan as approved became effective, the Petitioners submitted referendum petitions to the Town ("Petitions") to refer approval of the Specific Plan to voters. The referendum petitions had the effect of suspending the effective date of the Specific Plan as approved, and as a result the proceedings for rezoning of the Property were not completed and remain open. E. The Petitioners and the Land Owners have agreed upon modifications to the Specific Plan, and now urge the Town Council to repeal the ordinance it adopted on July 20, 2004, replace that ordinance with a new ordinance so modifying the Specific Plan upon the terms and conditions set forth herein, and cancel the referendum election (collectively "Zoning Repeal and Modification"). F. The Petitioners and Land Owners agree that the Zoning Repeal and Modification would further the purpose of the referendum. G. In consideration of the foregoing, the Petitioners and the Land Owner agree as follows: AGREEMENT 1. Rezoning Conditions. The Petitioners and the Land Owner shall jointly request the Town to adopt the Zoning Repeal and Modification. The new zoning conditions and the form of the request are attached hereto as Exhibit A. Provided that the Town Council approves this request and the new ordinance is not subject to a referendum or other legal challenge, the Land Owner shall develop the Property in accordance with the Additional Zoning Conditions provided in Exhibit A. If the Town does not adopt the Zoning Repeal and Modification on or before December 21, 2004 or proceeds with the existing referendum, the Additional Zoning Conditions shall be of no force and effect. 2. Public Notice. On behalf of the Petitioners, the Land Owner shall at its expense send the letter attached hereto as Exhibit B to each party who signed the petition at the address indicated on the Petition. LAND OWNER: PETITIONERS: Overland Vistoso Limited Partnership An Arizona Limited Liability Partnership, by Ready Two Corporation, Its General Partner, President, David Mehl Citizens for Responsible Growth in Marana, Chair, Kim Poynton agreements~246~l 10204 EXHIBIT 'A' November__, 2004 Mike Reuwsaat Town of Ma-aa-aa 13251/,on Adams Road Marana, AZ 85653 Re: Tortolita Vista Specific Plan Dear Mr. Reuwsaat: As you are aware, Cottonwood Properties on behalf of the land owner previously received Town Council approval of the Tortolita Vista Specific Plan. The Citizens for Responsible Growth in Marana subsequently filed petitions with the Town to refer this approval to the voters. Since that time, Cottonwood Properties and the Citizens for Responsible Growth have met and agreed upon the attached Specific Plan conditions, which obviate the need for a referendum. Based on this, Cottonwood Properties and the Citizens for Responsible Growth hereby request that the Town adopt a resolution which repeals the prior Specific Plan approval and readopts the Specific Plan with the conditions attached hereto as Exhibit 1. Klm Poynton - Chair Person of The Citizens for Responsible Growth in Marana William M. Hallinan - Cottonwood Properties On behalf of the land owner o o EXHIBIT 1 Additional Zoning Conditions Maximum Number of Residential Lots. In no event shall the maximum number of residential lots within the Specific Plan be greater than 155 lots. There shall be no commercial development on the property. Site Plan. The project shall be developed in substantial conformance with the attached site plans. Modifications to the site plan may be made to conform with suggestions or recommendations of the United States Fish & Wildlife Service, accepted engineering practice, and Town requirements provided that thc quantity of Conservation ^rca is not reduced. Lot Size and Setbacks. Minimum lot size shall be 32,000 square feet. Front yard set backs set forth in the Specific Plan shall be replaced with the requirement that the minimum front yard setback shall be no less than 20 feet. References in the Specific Plan to clustered residential development shall be replaced with custom lot residential development. In addition to the applicable setbacks, there shall be a forty foot building setback adjacent to the Conservation Area (as identified on the attached site plan). This setback is intended to protect the biological integrity of the Conservation Area and as such shall not be modified by variance or exception. Two Stox~/Restrictions. The provisions regarding two story homes in the Specific Plan shall be supereeded and replaced with the requirement that there shall be no two story homes in the areas identified on the attached site plan. Additionally, the floor area of the second story of any two story home shall be no greater than 60% of thc enclosed floor and garage area of thc first floor. Lot Grading. There shall be no mass grading of the lots and grading within the lots is to be restricted to the building envelope. Building Envelopes. In order to comply with the 60% open space requirement set forth in the Specific Plan, the master developer shall establish building envelopes for each lot and CC&Rs for strict enforcement of suer building envelopes. There shall be no modification of building envelope limits that would on an overall basis, exceed the disturbance limitations set forth in the Specific Plan. The Conservation Areas shall also be credited towards the 60% open space requirement. Conservation Area. 7'3.19 acres of land identified as Conservation Area on the site plan shall be protected as undisturbed open space and there shall be no use of Conservation Area for residential lots. Minor encroachments shall only be permitted if reasonably required for utility crossings and for the one road crossing of the Conservation Area as identified on the site plan. Such 10. 11. 12. 13. encroachments shall be replanted in a manner that maintains the character and density of the existing vegetation. Such replanted areas shall not be credited towards the open space requirements of the Specific Plan. CC&R's. Covenants shall be recorded against title to all residential lots (CC&R's) in order to provide for enforcement of the foregoing building envelope requirements and the following additional protective covenants. a. The color of exterior paint shall be muted earth tones. Exterior paint colors for the main body wall color ora homo shall not exceed a 40% Light Reflectance Value (LRV) and colors for the trim (including, as applicable, window flames, doors, and accent color) shall not exceed a 50% LRV. b. Walls to enclose the perimeter ora residential lot are not permitted and patio walls shall be only constructed within the approved building envelope. c. The lot owners will be required to contain all domestic animals within an enclosed area on their lot or under strict control at all times. Pets that are outside of enclosed areas shall be leashed in conformance with Pima County Code 6.04.030. d. Within the areas identified as Conservation Areas on the site plan, the Association shall allow access for purposes of monitoring or protecting the Conservation Areas. Such access shall be provided to a government agency or a 501(eX3) established to monitor or maintain open space under a Habitat Conservation Plan approved by the US Fish and Wildlife Service. Site Access. The centerline of the Moore Road entrance to the project shall be at least 400 feet from the east property line for the Specific Plan. No more than two entrances to the project shall be established on Thomydale Road. Onsite Parks. Based on the Town Code, reduction in overall lots and reducing impacts on the desert environment, no onsito parks shall be provided within the Specific Plan. This does not modify the developer obligations to contribute to regional parks as set forth in thc Specific Plan. Street Cross Section. Cross sections for streets within the Specific Plan shall be the minimum width permitted under the Marana Land Development Code and pedestrian circulation shall be provided by development of a stabilized decomposed granite path along one side of streets that serve more than ten lots. Canada Agua Wash Crossing. The street crossing for the Canada Agua Wash shall be constructed with a box culvert or eon arch to minimize hydrologic impacts to the watershed and impacts to wildlife movement. Administration. Within 45 days after Town approval, the applicant shall submit to the Town staff a revised Specific Plan that incorporates all of the foregoing revisions and requirements. : ...;:,:,.:-?-:.~ --.":::::: :':'- NORTH EXHIBIT 'B' Citizens for Responsible Growth m Marana 4420 West Cortaro Farms Road Tucson, AZ 85742 Dear Petition Signer, Last August, the Citizens for Responsible Growth in Marana obtained signatures on referendum petitions to provide for a referendum of a rezoning approved by the Marana Town Council. The rezoning pertained to 231 acres of land located west of Thomydale Road and north of Tangerine Road and permits development of 400 homes on the land. The rezoning action has been suspended because of the referendum filing. After the referendum filing, the landowner met with our Committee as well as with Desert Watch and the Coalition for Sonoran Desert Protection to better understand our objections to their development plan. Our discussions with the landowner have resulted in an agreement, which addresses our concerns by creating substantial additional development restrictions. These new requirements will restrict future development to no more than 155 homes on the 231 acres (a 60% reduction from 400 homes), and will provide for preservation of sensitive riparian corridors. The landowner's consent to this significant reduction in homes is conditioned upon Town approval of the modified Specific Plan without a referendum or other challenge. We believe that the modified Specific Plan is sensitive to our concerns and that the certainty of this modified Specific Plan is better than an election with uncertain results. Our committee, with the support of Desert Watch, the Coalition for Sonoran Desert Protection and the landowner is requesting that the Town forego the referendum by repealing the prior approvals and adopting the modified Specific Plan with the land use restrictions negotiated by our committee. This matter is scheduled to go before the Town Council at a hearing on December 7, 2004 that will be open for public comment. We believe this is an appropriate solution to concerns that gave rise to the referendum petitions. On behalf of the Citizens for Responsible Growth in Marana, I want to thank you for your support of our environmental preservation effoits and please feel free to contact me if you have any questions. You can also contact Bill Hallinan of Cottonwood Properties at 299-8424 with any questions you may have on tho modified development plan. Sincerely, Kim Poynton Chairperson 'TORTOLITA VISTA SPECIFIC PLAN ADDITIONAL LAND USE RESTRICTIONS In July of 2004, the Town approved the Tortolita Vista Specific Plan to allow for development of four hundred residential lots on approximately 231 acres. That approval was never finalized because referendum petitions were submitted to refer that action to the voters. The Specific Plan approval was suspended, and those proceedings remain open. Since then, the land owner, an affiliate of Cottonwood Properties, contacted the petition chive organizers to see if there was an opportunity to build consensus before proceeding with what would be a contentious political campaign. As a result, the petitioners and the land owner came to agreement upon further restrictions to the suspended approvals. As a result of this agreement, the land owner and the petitioners have jointly requested that the Council consider approval of some additional development restrictions for the project as an alternative to the referendum process. This request can be implemented by repealing the prior Specific Plan approval in which event a referendum has no purpose and would not be conducted. The Specific Plan could then be readopted with the additional restrictions. The development agreement for this project should also be readopted so that it is consistent with these additional restrictions. The proposed restrictions reduce the overall number of houses from 400 to 155 and increase the minimum lot size from 6,000 square feet to 32,000 square feet. Seventy two acres of conservation area are provided in sensitive riparian areas. Additional preservation requirements within custom lots will limit overall disturbance within the site to no more than 40 percent. This is consistent with the Town's open space objectives for the proposed environmental overlay district in this area. The adjoining property owners, the petition drive organizers, and two local environmental groups have participated in this consensus building process and are supportive of adopting the additional restrictions in lieu of a referendum. These parties and each of the petition signers have been provided written notice of this heating. Additional Zoning Conditions Maximum Number of Residential Lots. In no event shall the maximum number of residential lots within the Specific Plan be greater than 155 lots. There shall be no commercial development on the property. Site Plan. The project shall be developed in substantial conformance with the attached site plans. Modifications to the site plan may be made to conform with suggestions or recommendations of the United States Fish & Wildlife Service, accepted engineering practice, and Town requirements provided that the quantity of Conservation Area is not reduced. Lot Size and Setbacks. Minimum lot size shall be 32,000 square feet. Front yard set backs set forth in the Specific Plan shall be replaced with the requirement that the minimum front yard setback shall be no less than 20 feet. References in the Specific Plan to clustered residential development shall be replaced with custom lot residential development. In addition to the applicable setbacks, there shall be a forty foot building setback adjacent to the Conservation Area (as identified on the attached site plan). This setback is intended to protect the biological integrity of the Conservation Area and as such shall not be modified by variance or exception. Two Story. Restrictions. The provisions regarding two story homes in the Specific Plan shall be superceded and replaced with the requirement that there shall be no two story homes in the areas identified on the attached site plan. Additionally, the floor area of the second story of any two story home shall be no greater than 60% of the enclosed floor and garage area of the first floor. Lot Grading. There shall be no mass grading of the lots and grading within the lots is to be restricted to the building envelope. Building Envelopes. In order to comply with the 60% open space requirement set forth in the Specific Plan, the master developer shall establish building envelopes for each lot and CC&Rs for strict enforcement of such building envelopes. There shall be no modification of building envelope limits that would on an overall basis, exceed the disturbance limitations set forth in the Specific Plan. The Conservation Areas shall also be credited towards the 60% open space requirement. Conservation Area. 73.19 acres of land identified as Conservation Area on the site plan shall be protected as undisturbed open space and there shall be no use of Conservation Area for residential lots. Minor encroachments shall only 10. 11. 12. 13. be permitted if reasonably required for utility crossings and for the one road crossing of the Conservation Area as identified on the site plan. Such encroachments shall be replanted in a manner that maintains the character and density of the existing vegetation. Such replanted areas shall not be credited towards the open space requirements of the Specific Plan. CC&R's. Covenants shall be recorded against title to all residential lots (CC&R's) in order to provide for enforcement of the foregoing building envelope requirements and the following additional protective covenants. a. The color of exterior paint shall be muted earth tones. Exterior paint colors for the main body wall color of a home shall not exceed a 40% Light Reflectance Value (LRV) and colors for the trim (including, as applicable, window frames, doors, and accent color) shall not exceed a 50% LRV. b. Walls to enclose the perimeter of a residential lot are not permitted and patio walls shall be only constructed within the approved building envelope. c. The lot owners will be required to contain all domestic animals within an enclosed area on their lot or under strict control at all times. Pets that are outside of enclosed areas shall be leashed in conformance with Pima County Code 6.04.030. d. Within the areas identified as Conservation Areas on the site plan, the Association shall allow access for purposes of monitoring or protecting the Conservation Areas. Such access shall be provided to a government agency or a 501(c)0) established to monitor or maintain open space under a Habitat Conservation Plan approved by the US Fish and Wildlife Service. Site Access. The centefline of the Moore Road entrance to the project shall be at least 400 feet from the east property line for the Specific Plan. No more than two entrances to the project shall be established on Thomydale Road. Onsite Parks. Based on the Town Code, reduction in overall lots and reducing impacts on the desert environment, no onsite parks shall be provided within the Sp~ific Plan. This does not modify the developer obligations to contribute to regional parks as set forth in the Specific Plan. Street Cross Section. Cross sections for streets within the Specific Plan shall be the minimum width permitted under the Marana Land Development Code and pedestrian circulation shall be provided by development of a stabilized decomposed granite path along one side of streets that serve more than ten lots. Canada Agua Wash Crossing. The street crossing for the Canada Agua Wash shall be constructed with a box culvert or con arch to minimize hydrologic impacts to the watershed and impacts to wildlife movement. Administration. Within 45 days after Town approval, the applicant shall submit to the Town staff a revised Specific Plan that incorporates all of the foregoing revisions and requirements. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B. 2 b. TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-174: Relating to Development; approving and authorizing the execution of a development agreement regarding the Tortolita Vista development project. DISCUSSION This is a proposed development agreement for the Tortolita Vista project, to be considered in conjunction with the Mayor and Council's consideration of the Tortolita Vista Specific Plan, which is also on tonight's agenda. ATTACHMENTS The proposed development agreement is not attached due to the recommendation for a continu- ance. RECOMMENDATION Staff recommends that Resolution No. 2004-174 be continued to January 4, 2005. SUGGESTED MOTION I move to continue Resolution No. 2004-174 to January 4, 2005. {00000423.DOC/] 12/16/2004 10.'39 AM FdC TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-172: Relating to Development; approving and authorizing the execution of a third amendment to Gladden Farms Development Agreement. DISCUSSION Paragraph 1.2 of the First Amendment to the Gladden Farms Development Agreement, dated February 17, 2004, required the Gladden Farms developer to dedicate and construct Heritage Park Road not later than December 31, 2004. As a result of extended negotiations with the Town and Cortaro-Marana Irrigation District concerning the disposition of irrigation lateral 6 ½, which Heritage Park Road will cross, the construction of the road has been delayed. The parties currently anticipate that construction of Heritage Park Road will begin sometime in January and will be completed in June, 2005. This proposed Third Amendment to Gladden Farms Development Agreement extends the developer's time 'for constructing Heritage Park Road to July 31, 2005, allowing for a reasonable additional time past the current anticipated completion date for unforeseen circumstances. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-172, approving and authorizing the execu- tion of the Third Amendment to Gladden Farms Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-172. [00000414.DOC/] FJC/cds 12/13/04 MARANA RESOLUTION NO. 2004-172 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE GLADDEN FARMS DEVELOPMENT AGREEMENT. WHEREAS, the Mayor and Council find that the terms and conditions of the Third Amendment to the Gladden Farms Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Third Amendment to the Gladden Farms Development Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Third Amendment to the Gladden Farms Development Agreement attached to and incorporated by this reference in this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of December, 2004. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney [00000415.DOC/] FJC/cds 12/13/04 THIRD AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT ("this Third Amendment") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST, L.L.C., an Arizona limited liability company ("Developer"). The Town and the Developer are collectively referred to in this Third Amendment as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Developer owns the development project commonly known and referred to in this Agreement as "Gladden Farms," which is the land that is the subject of the document entitled "DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIZONA, FIDELITY NATIONAL TITLE AGENCY, INC. AND GLADDEN FARMS, L.L.C." recorded in the Pima County Recorder's office at Docket 11738, Page 1900 (the "Original Agreement"). B. The Parties amended the Original Agreement with the execution of the First Amendment to Gladden Farms Development Agreement dated February 17, 2004, and recorded in the Office of the Pima County Recorder in Docket 12242, Page 1055 (the "First Amendment"). C. The Parties amended the Original Agreement and the First Amendment with the execution of the Second Amendment to Gladden Farms Development Agreement dated July 20, 2004, and recorded in the Office of the Pima County Recorder in Docket 12350, Page 5025 (the "Second Amendment"). Together, the Original Agreement as amended by the First Amendment and by the Second Amendment is referred to in this Third Amendment as the "Gladden Farms Agreement". D. Paragraph 1.2 of the First Amendment requires the Developer to complete the dedication and construction of Heritage Park Road not later than December 31, 2004. E. As a result of ongoing negotiations concerning the disposition of Cortaro-Marana Irrigation District improvements within the alignment of Heritage Park Road, the construction of Heritage Park Road has been delayed. F. The Parties enter into this Third Amendment to extend the time for completion of the Heritage Park Road improvements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Third Amendment, the Parties hereby agree as follows: {00000416. DOC/} THIRD AMENDMENT TO GLADDEN FARMS DE VELOPMENT.,4 GREEMENT -1- Article 1. Extension of Time to Construct Heritage Park Road. 1.1. Time Extension. Paragraph 1.2 of the First Amendment is hereby modified to extend the time for dedication and construction of Heritage Park Road to July 31, 2005. Article 2. General Terms and Conditions. 2.1. Effect on Original Agreement and First Amendment. Except as expressly modified in this Third Amendment, the terms, provisions and obligations of the Gladden Farms Agreement shall remain in full force and effect. 2.2. Counterparts. This Third Amendment 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 such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 2.3. Severability. If any provision of this Third Amendment is declared void or unenforceable, it shall be severed from the remainder of this Third Amendment, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Third Amendment, this Third Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Third Amendment. 2.4. Governing Law. This Third Amendment 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 5.4 of the First Amendment, requiring disputes to be resolved by binding arbitration. 2.5. Interpretation. This Third Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Third Amendment for purposes of construing any portion of this Third Amendment for or against any party. 2.6. Recordation. The Town shall record this Third Amendment 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 Developer. {00000416.DOC/] THIRD AMENDMENT TO GLADDEN FARMS DEVELOPMENTAGREEMENT -2- 2.7. Conflict of Interest. This Third Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. THE TOWN: THE DEVELOPER: THE TOWN OF MARANA, an Arizona GLADDEN FOREST, L.L.C., an Arizona municipal corporation limited liability company By: Its Managing Member, Forest City Land Group, Inc., an Ohio corporation By: Bobby Sutton, Jr., Mayor Date: By: Dean Wingert, Vice President ATTEST: Date: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF APdZON^ ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, Vice President of Forest City Land Group, Inc., an Ohio corporation, Managing Member of GLADDEN FOREST, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public {00000416. DOC/} THIRD AMENDMENT TO GLADDEN FARMS DEVELOPMENT .4 GREEMENT -3- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jack Holden, Building Official Ordinance No. 2004.24: Relating to Lighting; revising the "Ma- rana Outdoor Lighting Code 2003", by reference under Title 7 "Building", Section 7-1-2(B)(2); adopting the rules and regulations therein as controlling law of the Town of Marana; repealing all resolutions, ordinances, and rules of the Town of Marana in con- flict therewith; and declaring an emergency. DISCUSSION The Marana Outdoor Lighting Code ("MOLC") is a locally developed code adopted in 2003. Any code or ordinance must be revised after a testing period when the provisions of the code are applied in field situations. The MOLC has been used with success for the past year and has re- sulted in improved lighting conditions. However, there were issues that the MOLC did not ad- dress which should be added to improve the final results. The first issue deals with the height of light poles. Currently a maximum thirty-foot-tall pole can be used, but on small lots of less than six acres, the taller poles cause the glare shielding to be less effective for neighbor properties. Also, abutting properties may have various pole heights that detract from a standard appearance. I propose that lots of less than six acres be limited to twenty-foot-tall poles. Larger lots may use the thirty-foot pole. See, Section 5.2 of the revised MOLC. To clarify shielding needs, the section describing shielding will be changed to eliminate a refer- ence to full cut-off lights and add a direct reference to glare. Forward-throw optics will also be removed from the shielding section. See, Section 5.1 of the revised MOLC. The definitions of"glare" and "shielding" were added to Section 15 of the revised MOLC. The definition of "property line" was clarified not to include areas of streets, rights-of-way, and common areas to affect the pole heights. With these changes the MOLC will be more effective, clarify requirements, and meet the needs of Marana. RECOMMENDATION Staff recommends adoption of Ordinance No. 2004.24, revising the MOLC. SUGGESTED MOTION I move to adopt Ordinance No. 2004.24. [00000377.DOC/} FJC/cds 12/13/04 MARANA ORDINANCE NO. 2004.24 RELATING TO LIGHTING; REVISING THE "MARANA OUTDOOR LIGHTING CODE 2003", BY REFERENCE UNDER TITLE 7 "BUILDING", SECTION 7-1-2 (B)(2); ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the document referred to in this Ordinance as the Marana Outdoor Lighting Code 2003 - Revision 1 is a public record at least three copies of which are filed in the office of the Clerk of the Town of Marana and kept available for public use and inspection, and which shall, after adoption of this Ordinance, be incorporated into the Town Code of the Town of Marana, at least three copies of which shall continue to be kept available for public use and inspection both with the office of the Town Clerk and on the Town's internet website; and WHEREAS, the Town of Marana wishes to establish and codify the laws of the Town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens, and WHEREAS, the Mayor and Council of the Town of Marana has determined that the adoption of the Marana Outdoor Lighting Code 2003 - Revision 1 to regulate outdoor lighting installations within the Town is in the best interests of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Section 1. The attached Marana Outdoor Lighting Code 2003 - Revision 1 is incorporated here by reference and is adopted into and made part of the Town Code of the Town of Marana. Section 2. It shall be a civil infraction for any person, firm or corporation to violate any of the provisions of this Ordinance. Civil infractions shall be enforced through the hearing officer procedure provided by A.R.S. 9-462.08. Penalties for civil infractions shall not exceed the maximum penalty set forth in A.R.S. 9-240.28. Each day a violation continues shall be considered a separate offense. {00000376.DOC/} 1 FJC/cds 12/13/04 Section 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to the Marana Outdoor Lighting Code 2003- Revision 1. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section 5. BE IT FURTHER RESOLVED 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 21 st day of December, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000376.DOC/} 2 FJC/cds 12/13/04 Marana Outdoor Lighting Code 2003 Revision 1 (revised 11-2004) Section 1. Purpose and Intent. The purpose of this code is to preserve the relationship of the residents of Marana with their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity, minimizing wasted energy, and reduction of intrusive glare, while not compromising the safety, security and well being of persons engaged in outdoor nighttime activities. It is the intent of this Code to control the obtrusive aspects of excessive and careless outdoor lighting usage while preserving, protecting, and enhancing the lawful nighttime use and enjoyment of any and all property. It is recognized that portions of properties may be required to be unlit or have reduced lighting levels or be covered in order to allow enough lumens in the lighted areas to achieve light levels in accordance with nationally recognized recommended practices. Section 2. Conformance with Applicable Codes. All outdoor illuminating devices shall be installed in conformance with the provisions of this Code, the Building Code, the Electrical Code, the Sign Code, any ordinances and rulings of the Town Council as applicable, and under appropriate permit and inspection. See Section 15 for definitions of terms specific to this Code. Section 3. Applicability 3.1. New Uses, Buildings, and Additions or Modifications. All proposed new land uses, developments, buildings, structures, or building additions, shall meet the requirements of this Code. Modification or replacement (other than maintenance) of outdoor lighting fixtures shall meet the provisions of this Code. Outdoor lighting having less lumen capacity than the lighting fixtures being replaced shall not be included in the lumen calculations, but the total of non- conforming lighting shall not be increased. 3.2. Existing Installations. Ail other outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified in this chapter are exempt from all requirements of this Code. The installation shall be maintained in accordance with the edition of the Outdoor Lighting Code under which it was installed. 3.3. Resumption of Use after Abandonment. If a property or use with non-conforming lighting is abandoned as defined in Section 15, then all outdoor lighting shall be reviewed and brought into compliance with this Code before the use is resumed. 3.4 Exemptions 1. All outdoor lighting fixtures producing light directly by the combustion of natural gas or other fossil fuels. 2. Street lighting both public and private. Engineering standards apply and require an approval from the Engineering Department. 3. Seasonal decorations using unshielded 50-watt or less incandescent lamp from Thanksgiving to January 15th. 4. Neon lighting shall be exempt from the requirements of Section 5 and 6 when used for sign lighting, but not for other uses. 3.5 Prohibitions 1. Mercury Vapor Lamps Fixtures and Lamps. The installation, sale, offer for sale, lease or purchase of any mercury vapor lamp for use as outdoor lighting is prohibited. 2. Bottom-mounted outdoor advertising sign lighting shall not be used. 3. Certain Other Fixtures and Lamps. The installation of unshielded lighting that produces glare or where the unshielded portion of the lamp can be seen from the property line except as approved in the design standards. Any lighting not listed in this Code without the approval of the Building Official. 4. Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. 5. Searchlights. The operation of searchlights for advertising purposes is prohibited. Section 4. Lighting Plan Application Requirements 4.1 The submission shall contain the following: 1. Plans indicating the location and type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices; 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, additional shielding, and other devices that may include, but is not limited to, catalog cuts by the manufacturers; 3. If canopy lighting is being proposed, then provide calculations for average maintained levels of horizontal illuminance at 36 inches above grade level in foot candles. Also provide evidence of the fixtures being hidden from sight at the property line. 4. Photometric data established by the manufacturers or credible source, showing the angle of cutoff or light emissions. Photometric data need not be submitted when the full cutoff performance of the fixture is obvious to the reviewer. 2 5. Additional photometric data and site structure information as necessary to assure that there is no light trespass on adjacent properties in excess allowed by Section 5.1 #5 of the Design Standards; 6. A stamp or statement on the plan stamped by a registered design professional certifying compliance with the requirements of this Code. The Building Official may waive this requirement for small installations. 4.2 Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily ascertain code compliance. If such plans, descriptions and data are insufficient to enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the application will be deemed incomplete. The Plans Examiner may require additional evidence of compliance such as certified reports of tests by a recognized testing laboratory. 4.3 Subdivision Plat Certification/Development Plan. If any subdivision proposes to have installed common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this Code will be adhered to. Specific plans for lighting shall not be included on the plat but will rather be contained on the Building Permit plans. 4.4 Lamp or Fixture Substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted by the design professional to the building official for his/her approval, together with adequate information to assure compliance with this Code. Section 5. Outdoor Light Design Standards 1. The design shall incorporate at least 80% of the allowed lumens or meet the minimum illumination levels recommended in the latest Handbook of the Illuminating Engineering Society of North America (IESNA), whichever is lesser. The design shall be within the recommended illuminance ratio for the specific task. 2. Light poles and luminaries shall be spaced in a manner to provide uniform lighting distribution as recommended by the IESNA in areas of frequent use such as parking lots and pedestrian walkways taking height limitations into account. 3. Canopy lighting shall have a maximum average maintained horizontal illuminance level at 36 inches above grade of 60 foot candles (fc) in Area E3 and 45 fc in Area E2. 4. All unshielded light fixtures including seasonal decorations shall be turned off between 11:00 p.m. and sunrise. 5. Flood or spot lights shall be installed within a shielded housing and aimed no higher than 45 degrees to the horizontal. The source shall not be visible from any adjacent property. 6. Decorative or Accent lights are limited to 500 lumens (25 watts incandescent) of unshielded light with a limit of 2,000 lumens per site. 7. Lighting types shall consist of Low Pressure Sodium (LPS), High Pressure Sodium (HPS), Metal Halide (MH), Fluorescent, Incandescent, Gas filled tubing, and any other 5.1 approved by the Building Official. The preferred method of lighting is LPS and should be utilized unless color rendering is essential. Glare from all lighting shall be considered an essential part of the design and direct view of any light source from off the property shall not be allowed. Lighting required for business operation may be allowed to remain on until 11 p.m. or until closing, whichever is later. Shielding 1. All light fixtures are required to be shielded and shall be installed in such a manner that the shielding is effective by preventing the light source from being seen at the property line. The only exception will be for 500 lumens (25 watt incandescent or less) lighting in decorative fixtures limited to 2000 lumens per site. 2. All commercial outdoor lighting within 500 feet of residential areas shall have external house-side shields. Additional shielding may be required by the Building Official when glare intrudes into residential areas or affects visibility of traffic signals or signage. 3. Flood or spot lamps shall be aimed no higher than 45 degrees to the horizontal (half-way between straight down and straight to the side). The source shall not be visible from any adjacent residential property. The lamp shall have the means to permanently aim the lamp. 4. Light trespass into residential areas shall not exceed 0.3 fc measured vertically at 5 feet above the ground. 5. Seasonal decorations using unshielded low-wattage incandescent lamps (50 watt maximum) shall be permitted from Thanksgiving to January 15th. 5.2 Outdoor Light Fixture Height Requirements. 1. The height of a pole-mounted luminaire shall be measured from finished grade to the bottom of the lens of a luminaire and the poles shall not extend more than 2 feet above the bottom of the lens for any purpose. 2. The height of a pole-mounted luminaire shall not exceed 30 feet for a site that exceeds 6 acres. The maximum height on a site less than 6 acres shall be 20 feet above finished grade. 3. In Area E3 abutting residential areas the poles shall be limited in height to 10 feet at the property line and may be increased in height at a rate of 1 foot for every 2'6" away from the property line up to the maximum height for the area of the site. 4. All wall mounted luminaries utilizing lamps in excess of 4,000 lumens and/or installed above 9 feet in elevation shall be equipped with an external shield and provided with forward throw optical characteristics so as to minimize the reflected light off the wall below the luminaire. See section 5.1 #2 for other restrictions. Section 6. Total Light Output Values Per Site The total amount of light, measured in lumens, is limited to a value per net acre of the site. output from all outdoor light fixture lamps, shall be determined as follows: The 1. For lamp types that vary in light output as they age (such as fluorescent and high intensity discharge lamps), the mean lumen output, as defined by the lamp manufacturer, shall be the lumen value used. For lamps not listed with mean lumens, the initial rating shall be used. 2. The light output of each outdoor light fixture shall be based on the largest lamp that the outdoor light fixture is rated to accommodate. Furthermore, the largest lamp rating for fluorescent and high intensity discharge fixtures shall be based on the installed ballast rating. 6.1 Total outdoor light output shall not exceed the lumen limits given in Table 6. In the table, Total means the sum of emitted light on the site. For determining compliance with Section 6, the total lumens shall be the sum of the following: 1. One hundred percent of the lumens from outdoor light fixtures installed on grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure itself. 2. Fifty percent of the lumens from underwater light fixtures unless the fixture is aimed at an angle of less than 45 degrees above the horizontal, in which case the lumens shall be calculated at 10% of the lumens. 3. Zero percent of full cutoff light fixtures installed under canopies, building overhangs, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line. 4. Twenty percent of full cutoff light fixtures installed under canopies, building overhangs or roof eaves that can be seen from the property line. 5. Zero percent of internally illuminated signs or lights illuminating a US flag when shining downward. Table 6 Maximum Total Outdoor Light Output Requirements Lumen Caps: Mean Lumens per Net Acre Lighting Areas (Defined in Section 15.0) E3 E2 C Commercial and Industrial - Option 1 (1) Total ( LPS, plus non-LPS) Limit on non-LPS 450,000 200,000 SP (4) 45,000 18,000 Commercial and Industrial - Option 2 (1) Non LPS 300,000 65,000 SP (4) All residential zoning (2) (3) Total 55,000 24,000 SP (4) Notes to Table 6: 1. Use any one of the options for the entire property. 2. This refers to all residential land-use zoning, including all densities and types of housing, such as single family detached and duplexes. 3. If LPS is used for residential lighting, then the total lumens in the table, for all areas, can be increased by 50 percent of FCO LPS lighting. 4. "SP" indicates special permit where local conditions warrant low level lighting design. Section 7. Outdoor Advertising Signs. 1. External illumination for on-site signs shall conform to all provisions of this Code and shall conform to the lamp source, shielding restrictions, and lumen caps of Section 5 and Section 6. 2. Electrical illumination of outdoor advertising off-site signs is prohibited, except that the use of lighting fixtures legally installed in Areas E2 and E3 prior to the effective date of this Code may continue, provided such fixtures are mounted on the top of the sign structure and shall not be illuminated between the hours 11:00 p.m. and sunrise, and comply with all other provisions of the Code. 3. Outdoor internally-illuminated advertising signs shall not be counted towards the lumen cap described in Section 6. Note: Outdoor internally illuminated advertising signs constructed with an opaque or colored background and translucent text and symbols are strongly preferred so as to reduce any potential detrimental effects due to these type signs. 4. Illumination for all advertising signs, both externally illuminated and internally illuminated, shall be reduced by 50% or turned off at the curfew times listed in Table 7.4 or when the business activities cease, whichever is later. Billboards with lights shall be turned off at 11:00 Table 7.4 ILLUMINATED SIGN CURFEWS LIGHTING AREA Sign Type and Land Use Area (1) E3 E2 C Commercial and Industrial zoning 12A.M. ] llP.M. X I All residential zoning X = not allowed. Section 8. Special Uses 8.1. Recreational Facilities. Ail site lighting not directly associated with the athletic playing areas shall conform to the lighting standards described in this ordinance, including but not limited to the shielding requirements of Section 5.1 and the lumens per acre limits of table 6.0. Lighting for athletic fields, courts or tracks and shall be exempt from the lumens per acre limits of Section 6. All such lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance. Where full cutoff fixtures are not utilized, acceptable luminaires shall include o those which: a. Are provided with internal and/or external glare control louvers and installed so as to limit direct up-light to less than 5 percent of the total lumens exiting from the installed fixtures and minimize offsite light trespass by installing additional shielding for any residential area, and; b. Are installed with minimum aiming angles of 25 degrees downward from the horizontal. Said aiming angle shall be measured from the axis of the luminaire maximum beam candlepower as certified by an independent testing agency. All events shall be scheduled so as to complete all activity before the curfew listed in Table 8.1. Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual circumstances. No recreational lighting is permitted in area C. Trailheads or other facilities may have low levels of lighting for security and shall require a special permit. Table 8.1 SPORTS FACILITY CURFEWS LIGHTING AREA E3 E2 C 11 P.M. 11 P.M. X X: not allowed Section 9. Temporary Lighting Exemption 9.1 Request; Renewal; Information Required. Any person may submit a written request for a temporary lighting exemption request. A temporary lighting exemption shall contain the following information: 1. Specific exemption or exemptions requested; 2. Type and use of outdoor light fixture involved; 3. Duration of time of the requested exemption; 4. Type of lamp and lamp lumens; 5. Total wattage of lamp or lamps and number of lamps to be used; 6. Proposed location on premises of the outdoor light fixture(s) and how lighting will be directed to avoid trespass and glare toward residential areas and auto traffic; 7. Previous temporary lighting exemptions; 8. Physical size of outdoor light fixture(s) and type of shielding provided; 9. such other data and information as may be required by the Building Official. 9.2 Approval; Duration. The Jurisdiction shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than a period of thirty days. The approval shall be renewable at the discretion of the Building Official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty additional days. 9.3 Disapproval; Appeal. If the request for temporary exemption is disapproved, the person making the request will have the appeal rights provided in Section 204 of the Administrative Code. Section 10. Alternate Materials and Methods of Construction~ Installation/Operation The provisions of this Code are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed by this Code, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided he finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements of this Code; and 2. Is otherwise satisfactory or complies with the intent of this Code; and 3. Has been designed or approved by a registered professional engineer and is supported by calculations showing that the design submitted meets the intent of the code. 4. This section shall not have the effect of waiving the lumen caps and shielding requirements of Sections 5 and 6 and Table 6. Section 11. Appeals. Any person substantially aggrieved by any decision of the building official made in administration of this Code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction per Section 204 of the Administrative Code. Section 12. Law Governing Conflicts. Where any provision of federal or state statutes, codes, or laws conflicts with any provision of this Code, the most restrictive shall govern unless otherwise regulated by law. Section 13. Enforcement and Penalty. It shall be a civil infraction for any person, firm or corporation to violate any of the provisions of this Ordinance. Civil infractions shall be enforced through the hearing officer procedure provided by A.R.S. 9-462.08. Penalties for civil infractions shall not exceed the maximum penalty set forth in A.R.S. 9-240.28. Each day a violation continues shall be considered a separate offense. Section 14. Severability. If any of the provisions of this Chapter or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given effect, and to this end, the provisions of this Chapter are declared to be severable. Section 15. Definitions Full Cutoff Light Fixture. A light fixture shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane, as certified by photometric test reports. Such candela information shall be as determined by a photometric test report from a nationally recognized independent testing laboratory and as certified by the manufacturer. Any structural part of the luminaire providing this cutoff angle shielding shall be permanently attached. Glare. The definition of glare found in the IESNA handbook describes a subjective sense of visual discomfort from viewing a direct light source. It is not measured in foot candles but rather the blinding sensation of an often distant light source. There are several elements that affect glare such as the type of light source, contrast of light source to the general environment light levels, distance, and age of viewer. For the purposes of this code glare is present whenever the light source is visible from the property line. Lighting Areas All lighting areas discussed below shall be as defined on the Marana Lighting Area Map. "Lighting Area E3" is an urban area with primary land uses for commercial, business, industrial activity, apartments, surrounded by suburban residential areas. "Lighting Area E2" is rural residential and agricultural areas, except that property located within lighting areas E2 on the Marana Lighting Area Map that is zoned as a commercial category shall be deemed to be located with Lighting Area E3 except that, in the case ofrezoning, outdoor lighting levels and the purposes and intent of this code shall be a rezoning consideration and outdoor lighting levels may be restricted by the rezoning authority. "Lighting Area C" is areas designated as land banks, conservation areas or any environmental areas of special consideration as designated by the Town Council. Lighting in these areas shall be limited to lighting for public safety only. Luminaire. The complete lighting assembly, less the support assembly. Two or more units with lamps less than three feet apart shall be considered a single luminaire. Net Acreage. The remaining ground area after deleting all portions for proposed and existing public streets within a parcel. Outdoor Recreation Facility. An area designed for active recreation, whether publicly or privately owned, including, but not limited to baseball, soccer, football, golf, tennis, swimming pools, and race tracks of any sort. Person. Any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture or corporation. Property line. As relating to seeing the source of light for glare or determining lighting limits the determination shall be from 5 feet above grade at any property line. The property line used to determine pole height shall be the actual property line. Common areas, streets, right of ways shall not be used to allow increases in pole heights. Shielding. Construction of a luminare, the location of fixture, or the addition of materials to prevent the light source and the associated glare from being seen at the property line. The shielding must be permanent and non reflective. Care should be taken to ensure additional 10 shielding added to a luminare does not affect the listing or warranty of the luminare. The design engineer shall be responsible to ensure glare has been addressed during the design phase. Temporary Lighting. Lighting which does not conform to the provisions of this ordinance and which will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30) day extension. Temporary lighting is intended for uses which by their nature are of limited duration; e.g. for example holiday decorations, civic events, or construction projects. Use, Abandonment of. The relinquishment of a property, or the cessation of a use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principal use of the property. 11 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B.5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Executive Session pursuant to A.R.S. § 38-431.03(A)(1) to discuss the proposed terms of contract for continued employment of Town Manager Michael A. Reuwsaat. DISCUSSION To be provided at executive session. SUGGESTED MOTION I move that we go into executive session as requested by the Town Attorney. {00000382.DOC/] FJC/cds 12/15/2004 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 21, 2004 AGENDA ITEM: IX. B.6 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Executive Session pursuant to A.R.S. §38-431.03(A)(3) for legal advice concerning the public hearing, council action and referendum processes applicable to the Tortolita Vistas development project DISCUSSION To be provided at executive session. SUGGESTED MOTION I move that we go into executive session as requested by the Town Attorney. [00000382.DOC/} FJC/cds 12/16/2004