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HomeMy WebLinkAbout01/04/05 Blue SheetsTOWN COUNCIL MEETING TOWN OF MARANA ' INFORMATION ~~ MEETING DATE: January 4, 2005 AGENDA ITEM: IX. A. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dan Groseclose, Housing General Contractor Resolution No. 2005-01: Relating to Housing; authorizing staff to foreclose the Town's lien and negotiate with the owners to acquire Lot #49, Honea Heights subdivision, Pima County Parcel #217-52- 0850, for the purpose of building a house as part of the Town's HOME Program. DISCUSSION Lot #49, Honea Heights subdivision, is currently owned by Mark and Karen Pennington. They are divorced, and the Town has been unable to locate them. In 1999 the Town declared a vacant house on the property a dangerous building. The Town was unable to contact the owners. In June, 2000, the Town demolished the building under Section 402 of the 1994 Abatement of Dangerous Buildings Code and filed a lien against the property for $3,872.14 for the cost of demolition. Property taxes have not been paid on the property since 1998. In September, 2004, unknown individuals placed a pre-1975 unauthorized mobile home on the property. No attempts have been made to secure building permits to hook up the mobile home on the property. However, permits would not be obtainable due to the age of the mobile home. Staff requests authorization to foreclose the lien placed by the Town in 2000 and negotiate a set- tlement with the property owners to acquire the lot for the Town's HOME Program. Costs in- curred will be paid from the Town's CDBG Affordable Housing Program. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-01 authorizing foreclosure and negotiations to acquire Lot #49, Honea Heights subdivision, for the Town's HOME Program. SUGGESTED MOTION I move to adopt Resolution No. 2005-01. {00000420. DOC/} FJC/cds 12/15/04 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2004 AGENDA ITEM: IX. A. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Jane Howell, Human Resources Director Relating to Personnel, approving and authorizing the addition of one (1) new position. DISCUSSION As the Town of Marana continues to grow, our relationship with residents and communication with the public and the media must expand to meet the increasing needs of both the Town and our citizens. The need to focus the Town's communications, marketing, special projects and events through a community relations position has become necessary with the rapid growth experienced even in the last fiscal year, since the FY 2004-2005 budget was approved. Communications, public relations and marketing activities continue to increase as our municipal projects become more sophisticated. Of particular concern are the intense requirements of communicating activities of the Town on behalf of and to the citizens. The position of Community Relations Officer would work under the general direction of the Town Manager. A draft position description is attached. This position is classified at Salary Range 42 ($30,008 - $45,012 per year). RECOMMENDATION Staff recommends Council approval of a Community Relations Officer as soon as possible. SUGGESTED MOTION I move to approve the addition of the new position of Community Relations Officer effective immediately. Additional Staff-Com. Rel. Officer 12/28/2004 11:24 AM/NJH TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Roy Cuaron, Finance Director PUBLIC HEARING: Relating to Limitation (Home Rule Option) the Alternative Expenditure DISCUSSION In 1985, and every four years thereafter, the residents of the Town of Marana voted to adopt a local alternative expenditure limitation, also known as the Home Rule Option. Under the Home Rule Option, total expenditures for the Town of Marana are determined at the time of budget adoption and may exceed those imposed by the State of Arizona. Without the Home Rule Option, Town expenditures may not exceed those set forth by the State. The State's limitation is determined by an expenditure base that was established in 1979-80, adjusted for inflation and population growth over the years. When approved by the voters, the Home Rule Option is in effect for four consecutive years. With Council approval, residents of the Town will be asked to vote on the Home Rule Option on May 17, 2005. If the ballot measure passes, the Home Rule Option will take affect for fiscal years 2005-2006 through 2008-2009. Voter approval of the Home Rule Option is critical to the Town of Marana and its ability to provide services to its residents. To illustrate, consider the following: StateImposed Limitation Actual Expenditures Actual Revenues FY01-02 $14,032,757 $37,377,932 $37,598,259 FY 02-03 $14,909,010 $39,722,680 $37,189,335 FY03-04 $16,182,662 $45,092,565 $49,425,159 FY 04-05 $17,500,092 $52,041,100 (est.) $63,624,400 (est.) The above table clearly illustrates the importance of the Home Rule Option. In each of the four years, without the Home Rule Option, the Town would have been mandated to cut expenditures (services) to comply with the state imposed limitation despite receiving revenues well in excess of the limitation. For fiscal years 2005-2006 through 2008-2009, the State's expenditure limitation base is expected to be $12,808,558, $13,942,130, $15,121,685 and $16,447,434, respectively. With the Home Rule Option, total expenditures for the same time period are expected to be $72,088,120, $73,823,137, $75,630,106 and $77,515,110, respectively. The attached worksheets provide a more detailed analysis of the aforementioned calculations. Home Rule Option 12/28/2004; 9:36AM; RC Prior to scheduling an election for Home Rule, the Council must conduct two public hearings. This meeting constitutes the first of two. The second public hearing/meeting will be held on January 18, 2005, after which the Council will be asked to adopt a resolution authorizing the Home Rule Option to be submitted to the voters of the Town of Marana. No action is required of Mayor and Council at this time other than to receive public input. None. None. RECOMMENDATION SUGGESTED MOTION Home Rule Option -2- 12/28/2004; 9:36AM; RC TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dick Gear, Community and Economic Development Director Public Hearing. Saguaro Springs West Annexation: Relating to Annexation; consideration of the Town of Marana's desire to annex approximately 22 acres adjacent to Twin Peaks Road, immediately west of the Saguaro Springs development project. DISCUSSION The sole property owner desires to be annexed into the Town for the purposes of adding twenty- two acres to the Saguaro Springs project. Pursuant to filing a blank petition with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This property lies within Section 13, Township 12 South, Range 11 East, Gila and Salt River Meridian. Accompanying this blue sheet are the legal description of the proposed annexation, the official map of the annexation area, and another map showing the location of the annexation area and the current zoning of the surrounding area. RECOMMENDATION No action is required - Public Hearing. SUGGESTED MOTION No action required. BLU Sag. Springs. West Annexation.doc TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 3. a TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara Berlin, Planning Director PUBLIC HEARING: Ordinance No. 2004.23: Relating to Development; rezoning 107-acres of land from "A" to zone "R-6" on property located south of Barnett Road and east of Sanders Road, commonly known as Payson Farms. This item was continued from December 7, 2004. DISCUSSION The Marana Planning Commission held a public heating on this application the regular meeting of September 15, 2004, and voted 4-0 (Vice-Chair Clanagan and Commissioner Hestwood were absent and Commissioner Post declared a conflict of interest) recommending approval to the Mayor and Council. Tri-Marana Development, represented by DLN Consulting, is seeking approval of a rezoning for a 107-acre site to develop a mixed density residential neighborhood with no more than 367 site- built homes (3.42 RAC). The subject site is located generally south of Barnett Road, east of Sanders Road in a portion of Section 28, Township 11 South, Range 11 East. The subject property was part of the Town's 1977 incorporation. The Council continued this item from the December 7, 2004 regular meeting pending completion of a development agreement. GENERAL PLAN AND THE NORTHWEST MARANA AREA PLAN The Town of Marana General Plan, as ratified March 11, 2003, designates the subject property's future development land use as Medium Density Residential. This designation allows for single family detached residences at a density range of 3.1 - 8.0 dwelling units per acre. The designation is intended for land where an existing capacity of infrastructure is in place or where extension of infrastructure is systematic and consistent with the Growth Areas Plan. The Northwest Marana Area Plan designates the property as Residential/Commercial Village. The plan allows for 4 residences per acre; the rezoning proposes 3.42 residences per acre. The Area Plan requires a development monitoring program to be submitted with the preliminary plat. The Northwest Marana Area Plan Residential/Commercial Village concept incorporates goals, objectives, policies and standards to create a neighborhood identity that encourages flexibility in 120704 PCZ-04034 Payson Farms Rezoning.doc design while preserving the character. The proposed project reflects the Village concept by incorporating a rural theme, recreational facilities, landscaping and design treatments and density transition throughout the subdivision. TRAFFIC CIRCULATION The main access to the site will be from Clark Farms Boulevard, a collector roadway. Access to Clark Farms Boulevard will be made initially from Sanders Road until Tangerine Farms Loop Road is completed. Once Tangerine Farms Loop Road is completed Clark Farms Road will intersect it, creating a secondary access point. Until that time a temporary secondary access point will be provided by way of one of the following existing roads: Barnett Road, Sanders Road or Moore Road. A recommended condition to this rezoning is that the temporary access point be in place by issuance of the twenty-fifth residential building permit (condition #3). INFRASTRUCTURE The project will be served by the Marana Water Department; the developer will be responsible for installing the project's water distribution system. Pima County Wastewater expressed no objections to this rezoning and a Sewer Service Agreement has been executed by Payson Farms. Tucson Electric Power, Qwest Communications, and Comcast Cable will all provide service to the project. PARKS~ RECREATION The applicant proposes approximately 23.25 acres of open space. The active open space will include numerous amenities such as an integrated system of trails, tot lots, play fields and picnic areas. Onsite trails will connect to the Barnett Linear Park, as well as providing connection points to Rancho Marana to the East and Moore Road to the South. The development proposes two neighborhood parks, with the construction of the first park required prior to issuance of the 50th residential building permit, and the second park constructed prior to issuance of the 300th residential building permit. In addition, per the Development Agreement, the developer shall contribute an in-lieu fee of $1,000.00 per residential unit for development of an off-site regional public park and/or trail system. Improvements to the Barnett Linear Park/Drainage Channel will provide drainage while supporting recreation activities such as multi-use trails, that in mm will provide linkage to other parks and trails in the area. SCHOOL DISTRICT The proposed number of residential units could generate as many as 170 new students for the Marana School District. Per the 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. PCZ-04034 Payson Farms Rezoning TC 010405.doc -2- LOT DIMENSIONS AND NUMBER As shown on the Tentative Development Plan (Exhibit II.B) the project shall be limited to no more than 367 lots. Further, the range of lot sizes shall be as follows: · 6050 square foot minimum - 180 lots · 6900 square foot minimum - 102 lots · 7800 square foot minimum - 85 lots RECOMMENDATION: The Planning Commission and staff recommend approval of Ordinance No. 2004.23 approving the Payson Farms rezoning, subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all provisions of the Town's codes and ordinances as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. 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 original zoning, upon action by the Town Council. 3. The applicant shall construct a temporary secondary access via Barnett Road or Sanders Road (pending completion of Tangerine Farms Loop Road construction) prior to the issuance of the twenty-fifth residential building permit. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. The applicant shall submit a Traffic Impact Analysis with the preliminary plat. 6. The Developer shall dedicate, or cause to have dedicated, an additional 190' feet of Right of Way along the Western portion of Sanders Road and 90'of new Right of Way from Sanders Road East to the connection point of Rancho Marana for the construction of Clark Farms Road. 7. 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. 8. The Developer shall develop a reclaimed water irrigation system, dedicated to the Town, to distribute irrigation water to all properties and recreation areas within this development. 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. 10. The applicant shall comply with all design standards and guidelines within the Marana Area Plan and Land Development Code with the first preliminary plat submittal. o PCZ-04034 Payson Farms Rezoning TC 010405.doc -3- 11. The project shall comply with the construction design standards regarding noise level reduction as stated in an 8/30/04 letter from the Marana Regional Airport. 12. Special landscape and design treatments shall be provided at project entry ways, as well as perimeter walls, which create an individual identity for the project and consistency with the Northwest Marana Area Plan. 13. The site shall be surveyed for archaeological resources before any ground disturbing activities take place. 14. 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 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. 15. 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. 16. Potential buyers shall be notified that the property is located within the flight path of the Northwest Marana Regional Airport. 17. 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. 18. As per the July 28, 2004 Site Analysis and Tentative Development Plan, Exhibit II.B, the following range of lot sizes shall be provided on the plat: 6,050 square foot minimum - maximum 49% of the total lots · 6,900 square foot minimum - maximum 28% of the total lots · 7,800 square foot minimum - minimum 23% of the total lots SUGGESTED MOTION I move to approve Ordinance No. 2004.23 with the recommended conditions. PCZ-04034 Payson Farms Rezoning TC 010405.doc -4- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 3.b TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-168: Relating to development; approving and authorizing the execution of a development agreement with Tri Marana Development Management and Consulting LLC, regard- ing the Payson Farms development project. DISCUSSION This is a companion action to tonight's consideration of the Payson Farms rezoning. This pro- posed development agreement will carry out some of the terms of the rezoning and will establish the various payment terms for park and school facility in-lieu payments. Among other things, if this development agreement is approved, it will impose the following requirements: · Payment of $1,200 per residential unit as a school fee in-lieu of dedicating property for school facilities. · A $1,000 per residential unit regional park/trail system payment, in addition to the devel- oper's obligation to construct that portion of the Barnett Linear Park located adjacent to the Payson Farms property (together, these financial obligations are calculated to be the same as the Town's currently proposed regional park development impact fee). · Construction of the full three-lane cross-section with multi-use lanes of Clark Farms Road through the Payson Farms property and local or safety improvements to Sanders Road and Moore Road (which together calculate out at the approximate amount per resi- dential unit of the Town's currently proposed transportation development impact fee). · Payment of $500 per acre for the bank protection obligation imposed by Marana Ordi- nance No. 99.02. · Vesting of the developer's zoning entitlements for a period of seven years, except that Payson Farms will be required to comply with any newly-adopted residential design guidelines. Town's standard development This proposed development agreement is consistent with the agreement boilerplate as it has evolved over the years. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-168, approving and authorizing the execu- tion of the Payson Farms development agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-168. [00000384.DOC/] FJC/cds 12/27/04 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX B. 4. a TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director PUBLIC HEARING: Ordinance No. 2004.26: Relating to Development; repealing Ordinance No. 2004.18 and approving 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). This item was continued from the December 21, 2004 meeting. DISCUSSION The Marana Planning Commission held a public hearing on the April, 2004 version of this Specific Plan at its regular meeting of May 26, 2004, and voted 5-1 (Vice-Chair Clanagan dissenting) recommending approval to the Mayor and Council. Council approved the rezoning by Ordinance 2004.18 on July 20, 2004. Subsequently, Citizens for Responsible Growth in Marana succeeded in obtaining enough signatures to a petition to submit the rezoning action to referendum. Cottonwood Properties' representatives have since met with the petition originators and were successful in reaching a compromise calling for land use density and intensity reduction, along with additional zoning conditions. Cottonwood Properties requests that the Mayor and Council repeal Ordinance 2004.18 and adopt the negotiated Tortolita Specific Plan, along with a revised Development Agreement. The revised plan, submitted by The Planning Center December 21 on behalf of Cottonwood Properties, seeks approval of a rezoning for a 230-acre site to develop a single-family residential subdivision on lots not smaller than 32,000 square feet and disturbing no more than 40% of the site. The subject site is generally located south of Moore Road, east of the Oldfather Road alignment and west of Thornydale Road in a portion of Section 31, Township 11 South, Rangel3 East. Approval of this proposed rezoning would rezone the subject area to "F" Specific Plan. The purpose of "F" zoning is to provide functionality and creativity in site planning and design. Development of the proposed plan would offer custom dwellings on large, individually graded lots on private roads, disturbing not more than 40% of the site. The following table compares the plan adopted July 2004 with the proposed substitute plan. {00000445.DOC/} 1 FJC/cds 12/29/2004 2:00 PM Adopted Plan Proposed Plan Total acreage 231 231 Buildable area (40%)(unless 92 92 reduced by Fish&Wildlife) Maximum # lots allowable 400 155 Lot size 6,000 s.f. 32,000 s.f. Roads 17,947 1.f. 17,100 1.f. Roads (acres (~ 32' width) 13.18 12.56 Net acres available (rounded) 79 79 Net density 5.06 d.u./ac 1.96 d.u./ac Grading Mass Per site, w/remainder preserved Building envelope 40% of total Not specified, but not to exceed 40% maximum disturbance, inc. streets Setbacks 15' fand rear 20' front; 40' adjacent to CA Conservation area 138.6 73.19 + remainder of lots outside bldg. envelope # 2-story houses Per code Prohibited on northeast lots; silent Elsewhere; 2nds story limited to 60% GENERAL PLAN The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Rural Density Residential (RDR). The RDR is intended to preserve environmentally sensitive lands and recommends a maximum density of one home per 2 acres. 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 Rural Density Residential to Master Planning Area. 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 Two land use designations are proposed by the specific plan: Residential (RA) and Conservation Area (CA). The RA land use designation allows for site built dwellings, community recreation facilities, public trails, parking, utilities and emergency access drives. The RA land use area is limited to a maximum of 92 acres and is strategically placed to preserve the natural and environmental features of the site. The CA encompasses 73 acres of Natural Undisturbed Open Space plus the remaining private lot area outside building envelopes. The Land Use Plan (Exhibit III.E.1) better delineates the proposed developable areas within the Tortolita Vistas Specific Plan. TRAFFIC CIRCULATION The Tortolita Vistas Specific Plan proposes street access from one point on Thornydale Road and one from Moore Road. The internal circulation provides a loop system that internally connects {00000445.DOC/} 2 FJC/cds 12/29/2004 2:00 PM Moore and Thornydale Roads. All private local streets will comply with the Town of Marana Local Street standards. ROAD IMPROVEMENTS A traffic impact analysis (TIA) was prepared by Mathieu Engineering Corporation for the plan approved in July. Per the revised Development Agreement the developer will construct a portion of Moore Road. The Town requires a new traffic impact analysis prior to any construction on the site. The developer will construct such roadway improvements as the Town reasonably determines necessary to access the property. The ultimate development under this proposal will also eliminate this portion of the Camino de Manana right of way across the rezoning site. CONSERVATION PLAN Most of the property in the immediate area is vacant or privately owned residential sites. The subject area is vacant. The topography of the Tortolita Vistas Specific Plan is characteristic of the Tortolita Foothills containing a variety of land forms. The subject area slopes from the northeast to the southwest. It contains an average cross slope of 5.91%. There are four identifiable drainage features that cross the site from the northeast to the southwest. The subject area contains significant natural resources with respect to topography, vegetation, and wildlife. To address the Town's concerns, the specific plan employs various methods to ensure that development procedures are appropriate for clustering the proposed development. The project has established a maximum gross site disturbance of 40 %. The Tortolita Vistas Specific Plan proposes a Conservation Plan (Section VII), which provides for the framework for minimizing the impacts on native plants, wildlife and other natural resources. Implementation will be through the platting process and subsequent grading of the project. The Conservation Plan includes sections addressing the Purpose and the Implementation in developing the site in compliance with the proposed specific plan. SEWER & WATER All lots will be served by extending the existing Pima County Wastewater Management sewer system. The existing 15" sewer line located at Camino de Oeste and Tangerine Road will need to be extended to serve the development. Pima County Wastewater Management has not committed to providing capacity to serve the area and state that the capacity commitment is accomplished in connection with an executed sewer service agreement at the time of preliminary plat. The ultimate provider of potable water has not been finalized, per the specific plan. The preferred option will have the potable water provided by Tucson Water, as there are already existing Tucson Water mains in the area. The City of Tucson Water Department has provided a letter indicating the area has an assured water supply. CULTURAL RESOURCES According to The Arizona State Museum (ASM) archaeological records indicate that two archaeological sites were found in the specific plan area. A more recent survey prepared by PAST, a cultural resource firm, resulted in no findings of additional sites other than those recorded at ASM. PAST also made a recommendation that one of the sites, site AA; 12:271 will require further testing. The testing of this site shall be done in conjunction with the preliminary plat submittal. {00000445.DOC/} 3 FJC/cds 12/29/2004 2:00 PM SCHOOL DISTRICT The proposed number of residential units could generate as many as 154 additional students for the Marana School District. Given the approved development in the area and the current capacities of existing schools in the district, there would be a need for additional schools. There are plans for one elementary school and one middle school, within the Dove Mountain Specific Plan area. Per the 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. FIRE PROTECTION Per the 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. RECREATION AND OPEN SPACE The plan proposes access to two public trails, the Thornydale Trail on Thornydale Road, and the Ironwood Trail that crosses the southeast corner of the site and links with Camino Del Norte south of the site. The plan also proposes an internal trail network. In addition, per the Development Agreement the developer shall contribute an in-lieu fee of' $1,400.00 per residential unit for development of off-site regional public park and/or trail system.. DESIGN STANDARDS The project shall be limited to no more than 155 lots with minimum lot size of 32,000 square feet. The maximum building height shall be 30 feet with allowances for two story homes. The floor area of the second story of any two story dwelling shall be no greater than 60% of the enclosed floor and garage area of the first floor. Two story dwellings are prohibited in areas in proximity to existing development as identified on Exhibit III.E. Land Use Plan. The limitation on second story floor area and restricted location constitute revisions to the adopted plan. The adopted plan also limited the number of two story homes to a maximum of 50% of the project site; given the new plan calls for custom homes on large lots, staff no longer recommends this restriction. The plan also provides restrictions so that no two consecutive homes will have the same elevation or color scheme. All building plans and elevations shall be approved by the Master Developer and the Town of Marana. RECOMMENDATION: Staff recommends approval of Ordinance No. 2004.26 approving a Minor Amendment to the General Plan and approval of the Tortolita Vistas Specific Plan, subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL 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. {00000445.DOC/} 4 FJC/cds 12/29/2004 2:00 PM o o o o o o 10. 11. 12. This rezoning is valid for two years from the date of Town Council approval. If the Developer fails to have an effective Development Agreement in place and a final subdivision plat recorded within such two-year time period 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 Developer shall submit a new transportation impact analysis (TIA) that shall be acceptable to the Town Transportation Engineer. The TIA must be approved prior to the approval of the preliminary plat. At the time that the local roads and/or disturbed areas are staked, a biologist will be onsite to protect valuable habitat and specimen trees where possible and determine the primary do not disturb areas based on vegetation coverage and habitat. 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. The Developer is 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 Developer shall dedicate, or cause to have dedicated, the half right-of-way of 75-feet that is adjacent to the property for Thornydale and Moore Roads, per the Town of Marana adopted major routes plan. A water service agreement and a master water plan must be submitted, by the Developer, and accepted by the Town of Marana Utilities Director and/or Tucson Water 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. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning Commission's consideration of the preliminary plat. 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 report shall provide an update to the current amount of site disturbance. A homeowners association (HOA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the residential areas and open space. {00000445.DOC/} 5 FJC/cds 12/29/2004 2:00 PM 13. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 14. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 15. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100-year water supply designation. 16. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 17. Upon adoption of the ordinance by the Mayor and Council approving the Tortolita Vistas Specific Plan, the applicant shall provide the Planning Department with the following final Tortolita Vistas 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 approve Ordinance No. 2004.26 with the above conditions. {00000445.DOC/} 6 FJC/cds 12/29/2004 2:00 PM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 4. b TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attomey Resolution No. 2004-174: Relating to Development; repealing Ma- rana Resolution No. 2004-100; approving and authorizing the exe- cution of a revised development agreement regarding the Tortolita Vistas development project. DISCUSSION This is a proposed development agreement for the Tortolita Vistas project, consisting of ap- proximately 230 acres north of Tangerine Road and west of and abutting Thornydale Road. This development agreement has been prepared in conjunction with the Mayor and Council's consid- eration of the Tortolita Vistas Specific Plan, which is also on tonight's agenda. The Tortolita Vistas development agreement will not go into effect unless and until the Specific Plan becomes effective. The proposed Tortolita Vistas development agreement contains the following key terms (among others): · Disturbance limited to forty percent of the site · Thirty-two thousand square foot minimum residential lots · Compliance with all requirements of the Endangered Species Act and other federal and state laws and regulations · Construction of Moore Road between Thomydale and Camino de Oeste to the full ultimate cross-section; provided that the developer then gets a credit against any transportation impact fees for a period of seven years · A park and trail system contribution of $1,400 per residential unit · A voluntary school contribution of $1,200 per residential lot in lieu of school land dedication · A seven-year period during which the Town may not amend the zoning requirements that apply to Tortolita Vistas without the landowner's approval {00000446.DOC/} 7/7/04 FJC -1- RECOMMENDATION Staff recommends adoption of Resolution No. 2004-174, repealing Resolution No. 2004-100 and approving and authorizing the execution o£ the revised Tortolita Vistas development agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-174. [00000446.DOC/} 7/7/04 F. JC -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2005-02: Relating to the Silverbell Road Corridor Overlay District Design Review; ratifying the recommendation of approval by the Manager's Design Review Committee regarding design review for Northwest Medical Center. DISCUSSION APPLICANT: CRD20 L.L.C., represented by Rick Engineering Company, 1745 E. River Road, Tucson, Arizona 85718. LOCATION: The project is located in a portion of Block 20 of Continental Reserve and generally west of Silverbell Road and South of Continental Reserve Loop within a portion of Section 28, Township 12 South, and Range 12 East. PROJECT DESCRIPTION: The Silverbell Road Corridor Overlay District (S.R.C.O.D.) applies to all new commercial development occurring within its defined boundaries. A Design Review Overlay is superimposed over the S.R.C.O.D. The purpose of the Design Review Overlay is to guide the general appearance of sites and buildings within the district. The Manager's Design Review Committee including five (5) members and one (1) alternate was formed to review and provide recommendation to Town Council regarding all new commercial development within the S.R.C.O.D. Per the requirements of the S.R.C.O.D. the Manager's Design Review recommendation shall be forwarded by the Planning Department to Town Council for consideration, which "shall act to affirm, or reverse, in whole or in part, or modify the Design Review Committee's recommendation." On December 20, 2004 this Committee recommended approval of the Northwest Medical Center Design Review as presented based upon of the stated objectives of the S.R.C.O.D. The site plan includes eight (8) freestanding buildings that will be developed in two phases. This review pertains to phase one only of the project, which includes Building One as shown on the Northwest Medical Center Design Review TC 010405.doc accompanying site plan. Subsequent development of buildings Two through Eight shall require review and approval via the Manager's Design Review Committee and Town Council. This project will have traffic generation characteristics which may result in the need to signalize the intersection of Continental Reserve Loop and Silverbell Road. ATTACHMENTS Development Plan, locator map and artist rendering of facility. RECOMMENDATION WITH CONDITIONS Staff forwards Resolution No. 2005-02, ratifying the recommendation of approval from the Silverbell Road Corridor Overlay District Manager's Design Review Committee for Northwest Medical Center located in a portion of Block 20 in the Continental Reserve Block Plat, with the recommended conditions below: Subsequent development of Buildings Two through Eight as shown on the site plan dated December 14, 2004 shall apply for design review as per the requirements of the Silverbell Road Corridor Overlay District. The Developer shall provide a monetary assurance satisfactory to the Town Engineer for the installation of a new traffic signal at the intersection of Continental Reserve Loop and Silverbell Road at such time as it is warranted. SUGGESTED MOTION I move to approve Resolution No. 2005-02 with the recommended conditions. Northwest Medical Center Design Review TC 010405.doc -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 6 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Ordinance No. 2005.01: Relating To Real Estate; re-approving an exchange of real property located along the Santa Cruz River in northwest Marana due to a change in the effective date of the ex- change; 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. DISCUSSION This item was previously approved by Ordinance No. 2004.22 dated November 16, 2004. The originally approved land exchange agreement provided for an exchange not later than November 30, 2004. Unfortunately, the Pima County Flood Control District was not able to execute the agreement in a timely manner to allow for this date. The revised agreement now provides for an exchange not later than March 31, 2005. RECOMMENDATION Staff recommends adoption of Ordinance No. 2005.01 authorizing the Mayor to execute the re- vised exchange agreement with the Pima County Flood Control District. SUGGESTED MOTION I move to adopt Ordinance No. 2005.01. [00000436.DOC/] F,]C/cds 12/27/04 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 7 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2005-07: Relating to Water; approving and au- thorizing the Mayor to execute an agreement with Cortaro- Marana Irrigation District and Gladden Forest LLC relating to the use of the non-potable secondary residential water system fa- cilities within the Gladden Farms development project; and de- claring an emergency. DISCUSSION The Town, Cortaro-Marana Irrigation District (CMID), and Gladden Forest LLC have negotiated an agreement relating to the use of the Town's non-potable secondary residential water system facilities constructed and being constructed within the Gladden Farms development project. The agreement provides for CMID to use the non-potable system at no cost to satisfy CMID's legal water service obligations. Because the Arizona Department of Water Resources has not yet given an opinion concerning the effect of this arrangement, this agreement may require amend- ment in the future to address any additional issues raised as a result of the Department's feed- back. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-07, approving and authorizing the Mayor to execute the agreement with CMID and Gladden Forest. SUGGESTED MOTION I move to adopt Resolution No. 2005-07. [00000455.D0C/] FJC/cds 12/29/2004 4:11 PM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 8 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director Resolution No.2005-05: Relating to Subdivisions; approving a Preliminary Plat for Hidden Springs. DISCUSSION APPLICANT: Hidden Springs LLC, 6262 N Swan Road #200, Tucson, Arizona, represented by their engineering firm, Trimble Engineering Services, 2798 W Appaloosa Road, Tucson, Arizona 85742. LOCATION: West of Tortolita Road at its terminus, in a portion of Section 26, Township 12 East, Range 11 South, bounded by Heritage Highlands Subdivision to the East and vacant property to the North (Tortolita Preserve), South and West. PROJECT DESCRIPTION: Primary access to the proposed Hidden Springs preliminary plat is from Tortolita Road, a potion of which is a dirt surface. This section of road will be improved by the developer to a chip seal surface from the point at which the current improvements end to the point of connection of on- site circulation for Hidden Springs. On-site circulation is served by a private cul-de-sac street described as, "Chavez Ridge Place." Chavez Ridge Place shall be improved to an all-weather access surface per the specifications of the Town Engineer. The lots are proposed to operate on individual on-site wastewater disposal systems. A conceptual approval was granted by Pima County Department of Environmental Quality provided that a waiver is acquired for each parcel upon identification of an address or parcel identification number. Approval should be received prior final plat approval. The gross site area is 10 acres with a maximum allowable site disturbance of 20%, or 87,199 square feet, and a total proposed disturbed area of 85,758 square feet. The allocation of allowable site disturbance includes each of the five lots which disturb 47,265 square feet for an average lot disturbance of 9,453 square feet. Private street and onsite utility easements account for the remaining disturbance. The Natural Undisturbed Open Space to be preserved on site shall be placed into a conservation easement and shall be duly noted on the final plat. PRV02096 Hidden Springs TC 010405.doc During project construction mass grading, mass blading or mass foundation pouring shall be prohibited on-site and each lot shall be staked to ensure the 20% site disturbance is not exceeded. Further, prior to construction of the site all viable small vegetation shall be removed and transplanted on-site, the removal of any tree greater than 6 inches in diameter and 4 ½ feet above grade, or Saguaros greater than 8' feet in height, is prohibited unless authorized by the U.S. Fish and Wildlife Service via the proper protocol. Maximum building height is 25 feet. A portion of the rear yard on Lot 3, as shown on the preliminary plat, is designated as a Federal Emergency Management Agency (F.E.M.A.) zone "AO" limits. No building, grading, or improvements will be allowed in this area to be enforced by CC&R's. RECOMMENDATION The Town of Marana Planning Commission and staff recommend approval of Resolution No. 2005-05 approving a Preliminary Plat for Hidden Springs with the following conditions: RECOMMENDED CONDITIONS 1. A Conservation Easement shall be applied to the 80% Natural Undisturbed Open Space. A notation regarding the Conservation Easement shall be recorded with the final plat. 2. A 15-foot public trail easement adjacent to lots 1 & 2 is to be shown and dedicated on the Final Plat as, "EPCTSMP trail #176." No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or 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 experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. SUGGESTED MOTION I move to approve Resolution No. 2005-05. PRV02096 Hidden Springs TC 010405.doc -2- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2005 AGENDA ITEM: IX. B. 9 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2004-153: Relating to Real Estate; approving and au- thorizing the Mayor to execute the Beacon Hill Communications Site Lease and Settlement Agreement; and declaring an emergency. This item was originally scheduled for Council approval on November 16, 2004, but was continued. DISCUSSION The Welter family owns Beacon Hill, the peak west of Continental Ranch where the Marana Po- lice Department (MPD) radio repeater site has been located since about 1993. Until 1999, the Town paid Nextel and its predecessor company $780 per month to operate the MPD communica- tion system. In 1999, Nextel ceased operating MPD's communication system and donated the equipment then being used by MPD to the Town. From 1999 to now, the MPD repeater site has remained on Beacon Hill without a formal lease and without compensation to the Welters. The Town is now replacing the MPD communications system with a new state-of-the-art Mo- torola system, and needs to make substantial improvements to the Beacon Hill storage building that will house the system. Before doing so, the Town needs to formalize its Beacon Hill lease with the Welters. This proposed Beacon Hill Communications Site Lease and Settlement Agreement formalizes the Town's Beacon Hill lease by providing for a monthly payment of $800 (adjusted upward and annually by 3% plus any applicable taxes and prorata property costs, and settles for a single $40,000 payment any possible back rent claim the Welters may have for the period the Town was using the property without a formal lease. Unfortunately, formalization of the Town's Beacon Hill lease will force MUSD to make direct formal arrangements with the Welters concerning MUSD's radio equipment, which has until now been housed on Beacon Hill with MPD's communications equipment. This lease does not permit the Town to sublease any portion of the site to third parties, including MUSD. Assuming that appropriate arrangements can be made among the Welters, MUSD, and the Town, it may be possible for the MUSD communications equipment to continue to be housed with the MPD com- munications equipment, but with no financial payment to the Town. ATTACHMENT Beacon Hill Communications Site Lease and Settlement Agreement. {00000309.DOC/3} FJC/cds 12/27/04 RECOMMENDATION Staff recommends adoption of Resolution No. 2004-153, approving and authorizing the Mayor to execute the Beacon Hill Communications Site Lease and Settlement Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2004-153. {00000309.DOC/2} -2- FJC/cds 10/25/04 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 4, 2004 AGENDA ITEM: IX. B. 10 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2005-06: Relating to Employment; approving and authorizing the Mayor to execute the employment agreement with Michael A. Reuwsaat. DISCUSSION A proposed employment agreement with Town Manager Michael A. Reuwsaat is presented for Town Council approval. This proposed contract would retroactively increase the Manager's base salary by the 2% general wage increase that all other employees received effective July 1, 2004, and by a 5% merit adjustment effective on his August 1, 2004 anniversary date. These general wage and merit adjustments follow the guidelines that apply to all Town employees, and the proposed agreement would make future general wage increase and merit adjustments for the Town Manager consistent with those for other employees. The remaining provisions of this agreement are consistent with the benefits that all Town employees enjoy with the exception of the following additional benefits: In addition to payments for accrued vacation leave upon voluntary or involuntary termi- nation of employment, the agreement pays the Manager for any accrued sick leave. · The agreement continues the Manager's $500 per month vehicle allowance. · The agreement provides additional income equal to the amount of the standard Em- ployee 401 Plan contribution (currently 4%), which the Manager may allocate to his Sec- tion 457 Deferred Compensation account. · The agreement provides for a six-month severance pay. These additional benefits are consistent with the additional benefits provided to other city, town, and county managers throughout Arizona. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-06, approving and authorizing the Mayor to execute the proposed employment agreement with Michael A. Reuwsaat.. SUGGESTED MOTION I move to adopt Resolution No. 2005-06. [00000448.DOC/] FJC/cds 12/29/2004 3:31 PM