Loading...
HomeMy WebLinkAbout01/18/2005 Council ActionTOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 18, 2005 AGENDA ITEM: IX. B. 1 TO: FROM: SUBJECT: MAYOR AND COUNCIL Lt. Joe Carrasco, Marana Police Department Presentation: Third Annual Charity Team Roping and Barrel Racing for Special Olympics DISCUSSION Police representatives involved in the Third Annual charity Team Roping and Barrel Racing for Special Olympics event will make a presentation to Council. Presentation only. Presentation only. RECOMMENDATION SUGGESTED MOTION jcb 9/10/04 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 18, 2005 AGENDA ITEM: IX. B. 2 TO: FROM: SUBJECT: MAYOR AND COUNCIL Frank Cassidy, Town Attorney Resolution No. 2005-09: Relating to Development; authorizing the Mayor to execute an agreement with the Continental Ranch Community Association to modify tennis courts and functionally replace them with a public parking lot available for use in connec- tion with Continental Ranch Park. DISCUSSION The Continental Ranch Community Association (CRCA) owns a community center with tennis courts located on North Coachline Boulevard, Marana, Arizona, across from Town-owned Con- tinental Ranch Park (the "Park"). CRCA and the Town desire to modify the tennis courts to functionally replace them with a public parking lot. The Town is willing to undertake the cost of constructing and maintaining the parking lot pro- vided that it receives in exchange a binding lease providing that the parking lot be available to the public for use in connection with the Park. CRCA is willing to commit to the lease allowing public use of the parking lot provided that the Town constructs and maintains the parking lot and tums control of the parking lot over to CRCA upon the termination of the lease. The attached parking lot agreement and lease provides for the modification of the tennis courts and outlines the Town's responsibilities. ATTACHMENT(S) The Parking Lot Agreement and Lease between the Town and CRCA. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-09, approving and authorizing the Mayor to execute the agreement and lease with CRCA. SUGGESTED MOTION I move to adopt Resolution No. 2005-09. [00000474.DOC/} FJC/cds 1/11/05 MARANA RESOLUTION NO. 2005-09 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN AGREEMENT WITH THE CONTINENTAL RANCH COMMUNITY ASSOCIATION TO MODIFY TENNIS COURTS AND FUNCTIONALLY REPLACE THEM WITH A PUBLIC PARKING LOT AVAILABLE FOR USE IN CONNECTION WITH CONTINENTAL RANCH PARK. WHEREAS, the Town of Marana and Continental Ranch Community Association (CRCA) desire to modify the tennis courts owned by CRCA to functionally replace them with a public park- ing lot; and WHEREAS, CRCA is willing to commit to a lease allowing public use of the parking lot for the benefit of Town-owned Continental Ranch Park provided that the Town constructs and maintains the parking lot and turns control of the parking lot over to CRCA upon the termination of the lease; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and CRCA, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obli- gations, and objectives of the aforementioned agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of January, 2005. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00000475.DOC/] FJC: cds 1/11/05 PARKING LOT AGREEMENT AND LEASE THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation ("Town") and CONTINENTAL RANCH COMMUNITY ASSOCIATION, an Arizona non-profit corporation ("CRCA"). The Town and CRCA are sometimes collectively referred to as the "Parties". RECITALS A. CRCA owns a community center with tennis courts located on Pima County Assessor's Parcel No. 226-22-01 IN, on North Coachline Boulevard, Marana, Arizona, across Coachline from Town-owned Continental Ranch Park (the "Park"). B. The Parties desire to modify the tennis courts to functionally replace them with a public parking lot (the "Project"). C. The Town is willing to undertake the cost of constructing and maintaining the parking lot provided that it receives in exchange a binding lease providing that the parking lot be available to the public for use in connection with the Park. D. CRCA is willing to commit to the lease allowing public use of the parking lot provided that the Town constructs and maintains the parking lot and tums control of the parking lot over to CRCA upon the termination of the lease as provided in this Agreement. AGREEMENT Now, THEREFORE, in consideration of the foregoing recitals and the other matters set forth in this Agreement, the Parties agree as follows: 1. Design. The Town shall cause the parking lot layout and construction plans to be prepared based on feedback and approval from CRCA's Executive Director. 2. Construction. The Town shall at its cost demolish the tennis courts and construct the parking lot, with completion of construction expected not later than May 1, 2005. 3. Cooperation. During the design and construction of the parking lot and demolition of the tennis courts, the Parties shall cooperate and coordinate so that disruption of the Parties' normal activities is minimized, and the value of the property and improvements is maximized. 4. Lease. CRCA hereby leases to the Town the land where the parking lot is located for a period of ten years from the completion of the construction of the parking lot for use solely as a public parking lot. {00000391.DOC / 3} - 1 - 12/20/2004 11:02 AM 5. Renewal. At the conclusion of the initial ten-year lease term, the Town may at its option, extend the lease for successive ten-year terms in consideration for the continued operation and maintenance of the parking lot by the Town; provided, however, that CRCA may at any time during the last year of the lease term or any extension of it, give the Town a notice of termination of the lease in which case the lease shall terminate at the end of that lease term or extension. 6. Maintenance. During the lease term and any extensions of it, the Town shall provide maintenance and repair of the parking lot. Routine landscape and trash collection shall remain the responsibility of CRCA. 7. Conflict of Interest. This Agreement may be terminated by the Town in certain instances involving conflicts of interest, as provided in A.R.S. § 38-511. 8. Cooperation and Alternative Dispute Resolution. (a) Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the Project, the Town and CRCA each shall designate and appoint a representative to act as a liaison between the Town and its various departments and CRCA. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for CRCA shall be Trish Ledbetter, CRCA Association Manager, or a replacement to be selected by CRCA. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Project. (b) Default; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in paragraph 9 below to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or (ii) if the default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs (c) and (d) below. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. (c) Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by CRCA and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter, the Town and CRCA shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating {00000391.DOC / 3} - 2 - 12/20/2004 11:02 AM disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and CRCA. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. (d) Arbitration. After mediation (paragraph (c) above) any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. 9. Notices and Filings. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To CRCA: Continental Ranch Community Association 9150 N. Coachline Blvd. Tucson, Arizona 85743 10. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or CRCA of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from 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. 12. Headings and Recitals. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 13. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the Project by CRCA and its successors. 14. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between CRCA and the Town. No term or provision of this Agreement is intended to, or shall be {00000391.DOC / 3} - 3 - 12/20/200411:02 AM for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 15. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 16. Imposition of Duty by Law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. 17. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 18. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, 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 Agreement, this Agreement 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, CRCA shall be entitled to terminate this Agreement. 19. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 8(d), requiring disputes to be resolved by binding arbitration. [The remainder of this page left blank intentionally.] {00000391.DOC / 3} - 4 - 12/20/2004 11:02 AM 20. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and CRCA. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: CRCA: THE TOWN OF MARANA, an Arizona municipal corporation CONTINENTAL RANCH COMMUNITY ASSOCIATION, an Arizona non-profit corporation By: By: Bobby Sutton, Jr., Mayor Larry Schoof, President Date: Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attomey STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on Schoof, President of Continental Ranch Community Association, corporation, on behalf of the corporation an Arizona by Larry non-profit [Seal] Notary Public {00000391.DOC / 3} - 5 - 12/20/2004 11:02 AM TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 18, 2005 AGENDA ITEM: IX. B. 3 TO: FROM: SUBJECT: MAYOR AND COUNCIL Dick Gear, Economic Development Director Ordinance No. 2005.03: Relating to Annexation; annexing into the corporate limits of the Town of Marana that territory known as the Hall Annexation comprising approximately four (4) acres of land on the west side of Camino de Oeste and north of Ina Road. DISCUSSION This annexation comprises approximately 4.2 acres of land on the west side of Camino de Oeste and north of Ina Road. The annexation area is within portions of Section 36, Township 12 South, Range 12 East and in Section 31, Township 12 South, Range 13 East, Salt River Meridian, Pima County, Arizona. The Town Council conducted a public hearing for this annexation on September 8, 2004, and staff is now requesting Council action The Town has received signed petitions representing over 50 percent of property owners and over 50 percent of the real and personal property value. The 4.2 acres are zoned Pima County SH (Suburban Homestead) and will translate into the Town of Marana zoning of R-36. All notification requirements have been property complied with for this annexation. The annexation meets the requirements as set forth in A.R.S. § 9-471 (annexing statutes). This is the final step of the annexation process for the Town Council. According to the Town's annexation requirements, a 30-day waiting period after the original blank petition was recorded on August 9, 2004 was fulfilled, and the annexation petition was mailed out on September 9, 2004. The Council can now approve the ordinance annexing the area into the Town of Marana. RECOMMENDATION Staff recommends approval of this annexation. SUGGESTED MOTION I move to approve Ordinance No. 2005.03. jcb 9/10/04 MARANA ORDINANCE NO. 2005.03 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MARANA THAT TERRITORY KNOWN AS THE HALL ANNEXATION COMPRISING APPROXIMATELY FOUR (4) ACRES OF LAND ON THE WEST SIDE OF CAMINO DE OESTE AND NORTH OF INA ROAD. WHEREAS, petitions in writing, accompanied by a map of the real property sought to be annexed have been filed and presented to the Mayor and Council of the Town of Marana, Arizona,, signed by the owners of more than fifty percent of the value of the real and personal property and over fifty percent of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana, and not now embraced within its limits, asking that the property be annexed into the Town of Marana, and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately 4.2 acres; and WHEREAS, the Mayor and Council of the Town of Marana, Arizona, desire to approve the annexation petitions and extend and increase the corporate limits of the Town of Marana to include said territory, which is approximately four (4) acres; and WHEREAS, the Hall Annexation is an area within portions of Section 36, Township 12 South, Range 12 East, and Section 31, Township 12 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS, the petitions set forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the Town of Marana and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS, no alterations increasing or reducing the territory sought to be annexed have been made after any petition was signed by any owner of real and personal property in such territory; and WHEREAS, the zoning classification of the property prior to annexation was "Pima County Zone SH (Suburban Homestead). In order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the properties will translate to the R-36 zone in the Town of Marana's Land Development Code, and Marana Ordinance No. 2005.03 --Page 1 of 2-- WHEREAS, the provisions ofA.R.S. § 9-471, and all amendments thereto, have been fully observed; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that: o The territory known as the Hall Annexation is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. A copy of this Ordinance, together with an accurate map of the territory hereby annexed to the Town of Marana, certified by the Mayor of the Town, shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. The zoning classification of"Pima County Zone SH (Suburban Homestead) within the annexed area is hereby changed to "Town of Marana Zone R-36". On file in the office of the Town Clerk of the Town of Marana, Arizona, are those certain documents, known as Exhibits A and B, which are recorded and hereby referred to, adopted, and made a part of this Ordinance, describing and illustrating the Hall Annexation area. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18th day of January, 2005. ATTEST: Mayor Bobby Sutton, Jr. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2005.03 --Page 2 of 2-- LEGAL DESCRIPTION HALL ANNEXATION TO THE TOWN OF 5LMIANA PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 12 EAST, AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, SAID PORTIONS BEING DESCRIBED AS FOLLOWS: BEGINNLNG AT THE SOUTHEASTERLY CORNER OF THAT PARCEL DESCRIBED IN DOCKET 6198 AT PAGE 309, RECORDS OF PIMA COUNTY, ARIZONA, SAID CORNER BEING A POINT ON THE MA1L~NA TOWN LIMITS AS DESCRIBED IN ORDINANCE NO. 93.12 AND RECORDED IN BOOK 45 OF MAPS AND PLATS AT PAGE 30, RECORDS OF SAID PIMA COUNTY; THENCE WESTERLY, ALONG THE SOUTHERLY LINE OF SAID PARCEL AND ALONG S.MD MARANA TOWN LIMITS, TO A POINT ON THE NORTHEASTERLY LINE OF THAT PARCEL DESCRIBED IN DOCKET 2437 AT PAGE 261, RECORDS OF SAID PIMA COUNTY, SAID POINT BEING AN ANGLE POINT ON THE MARANA TOWN LIMITS AS DESCRIBED IN ORDINA3qCE NO. 2000.15 AND RECORDED IN DOCKET 11648 AT PAGE 2360, RECORDS OF SAID PIMA COUNTY; THENCE NORTHWESTERLY, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL AND ALONG SAID MARANA TOXX, qq LIMITS, TO THE NORTHWESTERLY CORNER OF SAID PARCEL DESCRIBED IN DOCKET 6198 AT PAGE 309; THENCE EASTERLY, DEPARTING SAID TOWN LIMITS, ALONG THE NORTHERLY LINE OF SAID PARCEL, TO THE SOUTHV~qESTERLY CORNER OF THAT PARCEL DESCRIBED IN DOCKET 9224 AT PAGE 1344, RECORDS OF SAID PIMA COUNTY; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID PARCEL, TO THE SOUTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN DOCKET 11850 AT PAGE 4261, RECORDS OF SAID PIMA COUNTY; THENCE NORTHERLY, ALONG THE WESTERLY LINE OF SAID PARCEL, TO THE NORTHWESTERLY CORNER THEREOF; THENCE EASTERLY, ALONG THE NORTHERLY LINE OF SAID PARCEL, TO THE NORTHEASTERLY CORNER THEREOF AND THE WESTERLY RIGHT-OF-WAY LINE OF CAMINO DE OESTE AS ESTABLISHED BY ROAD PROCEEDING NO. 1474; THENCE CONTINUE EASTERLY, ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 30 FEET TO THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31; S3JOBSX3592x35921142~legal'4-Iall Annexation.doc LEGAL LOG 916 Page 1 of 2 THENCE CONTINUE EASTERLY, ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL, TO THE EASTERLY RIGHT-OF-WAY LINE OF C)dVlINO DE OESTE AS SHOWN ON THE PLAT OF CASA DEL OESTE, A SUBDIVISION RECORDED IN BOOK 23 OF MAPS AND PLATS AT PAGE 31, RECORDS OF SAID PIMA COUNTY; THENCE SOUTHERLY, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, TO ITS INTERSECTION WITH THE NORTHERLY LINE OF THE MARANA TOWN LIMITS DESCRIBED IN SAID ORDINANCE NO. 93.12 RECORDED IN BOOK 45 OF MAPS AND PLATS AT PAGE 30; THENCE WESTERLY, ALONG SAID MARANA TOWN LIMITS, TO THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36; THENCE CONTINUE WESTERLY, ALONG SAID MARANA TOWN LIMITS, TO THE WESTERLY RIGHT-OF-WAY LINE OF CAMINO DE OESTE AS SHOWN IN SAID BOOK 45 OF MAPS AND PLATS AT PAGE 30; THENCE NORTHERLY, ALONG SAD WESTERLY RIGHT-OF-WAY LINE AND ALONG S)dD MARANA TOWN LIMITS, TO THE SOUTHEASTERLY CORNER OF SAID PARCEL DESCRIBED IN DOCKET 6198 AT PAGE 309 AND THE POINT OF BEGINNLNG. CONTAINLNG 4.2 ACRES MORE OR LESS. THIS DESCRIPTION IS BASED ON RECORD INFORMATION AND DOES NOT REFLECT THE RESULTS OF A FIELD SURVEY. RICHARD B. HOWELL JR., R.L.S. S:'0OBS",3592535921142~legarff-Iall Annexation.doe LEGAL LOG 916 Page 2 of 2 HALL ANNEXATION TO THE TOWN OF MARANA PORTIONS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST OUARTER OF SEOTION 36, T. 12S., R. 12E., AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEOTION 31, T. 12&, R. 15E., G.&&R.M., PIMA OOUNTY, ARIZONA MARS STREET S.E. I/4, S.E. I/4, SECTION 56, T. 12S., INA LEGEND / / / / / EXISTING TOWN OF I¢IARANA BOUNDARY DOCKET & PAGE TABLE DOCKET 6198 PAGE JO9 DOCKET 24~7 PAGE 261 DOCKET 9224 PAGE 1~44 @ DOCKET 1185O PAGE 4261 NO~TH SCALE: 1"=,300' C~[.T.~, JOCOBO · 'a )/.&P. POINT OF BEGINNING ORD. J93.12 C~T.T,R ~CO SECTION J1, T. 12S., R. IJE. ROAD J6 Jl I 6 TETRA TECH, INC. ~ N. Stone, 15th Floor Tucs~, ~ 85701 (520) 62~-7980 ~ ~. ~92-1142 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 18, 2005 AGENDA ITEM: IX. B. 4 TO: FROM: SUBJECT: MAYOR AND COUNCIL Roy Cuaron, Finance Director SECOND PUBLIC HEARING - Resolution No. 2005-04: Relating to the Alternative Expenditure Limitation (Home Rule Option) DISCUSSION This is the second of two public hearings required to adopt a resolution allowing the issue of the Alternative Expenditure Limitation (Home Rule Option) to be placed before the voters in the upcoming general election. The Home Rule Option is a special provision granted by the state legislature that exempts cities and towns from the State's imposed spending limitation, subject to voter approval. Beginning in 1985 and every four years thereafter, the voters of the Town have approved the ballot measure. 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. 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: Statelmposed 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 FY 03-04 $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 01/12/2005; 2:52 PM; RC With Council approval, residents of the Town will be asked to vote on the Home Rule Option on May 17, 2005. When approved by the voters, the Home Rule Option is in effect for four consecutive years, commencing with fiscal 2005-2006. RECOMMENDATION Staff requests Council approval of Resolution No. 2005-04, authorizing the Alternative Expenditure Limitation (Home Rule Option) to be placed on the May 17, 2005 ballot. SUGGESTED MOTION I move to approve Resolution No. 2005-04. Home Rule Option -2- 01/11/2005; 10:40 AM; RC MARANA RESOLUTION NO. 2005-04 RELATING TO THE EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION, ALSO KNOWN AS THE HOME RULE OPTION. WHEREAS, The Arizona State Constitution permits the submission to the voters of a town an Alternative Expenditure Limitation; and WHEREAS, the voters of the Town of Marana in 2001 adopted an Alternative Expenditure Limitation and Home Rule Option and have voted to extend such Home Rule Option from time to time; and WHEREAS, The Town Council of Marana after two public hearings held on January 4 and 18, 2005 has determined that an extension of the Alternative Expenditure Limitation is necessary for the Town of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The following Alternative Expenditure Limitation proposal shall be submitted to the voters of the Town of Marana at the General Election to be held on May 17, 2005. Shall the following be adopted by the Town of Marana as an expenditure limitation: The Mayor and Council of the Town of Marana shall annually, as part of the annual budget adoption process, adopt an Alternative Expenditure Limitation equal to the total amount of budgeted expenditures/expenses as it appears on the annual budget as adopted by the Council to apply to the Town of Marana for each of the four fiscal years immediately following such an adoption. The Alternative Expenditure Limitation shall be adopted each year after a public hearing at which the citizens of the Town of Marana may comment on the proposed Alternative Expenditure Limitation. No expenditures may be made in violation of such Alternative Expenditure Limitation, nor may any proposed expenditures be in excess of estimated available revenues, except that the Mayor and Council may, by three-fourths vote, declare an emergency and suspend the Alternative Marana, Arizona Resolutio~,.,~o. 2004-161 ~age 1 of 2 Expenditure Limitation. The suspension of the Alternative Expenditure Limitation shall be in effect for only one fiscal year at a time. SECTION 2. The Town Manager, Town Attorney, and Town Clerk are hereby directed and authorized to take such actions as are necessary or desirable to comply with all applicable laws and regulations relating to or necessary for the May 17, 2005 general election, including without limitation any and all activities related to the preparation, printing, and distribution of the publicity pamphlet and to the execution of contracts necessary for same. SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in the "Daily Territorial," notifying the public that arguments for and against the referendum measure will be accepted by the Town Clerk no later than 5 P.M. on Wednesday, February 16, 2005. SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of money to offset a portion on the proportionate cost of the paper and printing of the arguments received for and against the referendum measure, as provided in A.R.S. § 19-124(D). PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of January, 2005. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Ari na~Resolution 2005-04 Page 2 of 2 '~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: January 18, 2005 AGENDA ITEM: IX. B. 5 TO: FROM: SUBJECT: MAYOR AND COUNCIL Barbara C. Berlin, Planning Director PUBLIC HEARING - Ordinance No. 2005.02: Relating to Rezoning; reviewing and adopting an ordinance for the rezoning known as the Veterinary Clinic. DISCUSSION Planning staff and the Planning Commission recommend approval of PCZ-04039, a rezoning of approximately 2.2 acres of land, from "C" (Large Lot Zone) to "CO" (Commercial/Office). The proposed use of the property is as a small veterinary clinic. The Marana Land Development Code defines "Veterinary Clinic, Small" as "any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals, including domestic pets". The Commission heard this request December 15, 2004 and recommended approval of the project. The property is located on the east side of Silverbell Road approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road. There is an existing small house on the project which is to remain. The proposed use of the property is consistent with other commercial uses existing along the Silverbell Road frontage. Development of the property is subject to the Silverbell Overlay District, adopted by Ordinance No. 2003.27, December 16, 2003. Rezoning projects are not subject to hearing by the Silverbell Overlay Manager's Design Review Committee (SOMDRC); however, any subsequent development plan will be subject to the SOMDRC process. The owner/applicant is Kim Perkins, DVM, 4149 W. Delta Street, Tucson, AZ, 85741. The applicant intends to construct a 4,900 square foot, single-story building with parking for 31 vehicles. Ingress/egress is to be from Silverbell Road. Both driveways are to be limited to right- in and right-out tums. The small house on the property is to be used as storage for the Veterinary Clinic. The dedication of ultimate right-of-way for Silverbell Road has been completed for this property. ATTACHMENT(S) Locator map. 011805 Veterinary Clinic rezone Bluesheet. doc 1/12/2005 2:52 PM KM RECOMMENDED CONDITIONS 1. Any use of the parcel in addition to the clinic and storage must be approved by Planning Commission and Town Council. 2. Building height of the Clinic shall be restricted to single-story construction. 3. There shall be no residential use permitted on the property. SUGGESTED MOTION I move to approve Ordinance No. 2005.02 with the recommended conditions. O11805 Veterinary Clinic rezone Bluesheet. doc -2- 1/12/2005 10.'53 AMKM MARANA ORDINANCE NO. 2005.02 RELATING TO DEVELOPMENT; APPROVING A REZONING OF 2.2 ACRES OF LAND FROM ZONE "C" TO ZONE "CO" ON PROPERTY LOCATED ON THE EAST SIDE OF SILVERBELL ROAD, APPROXIMATELY 425 FEET SOUTH OF SOMERTON DRIVE AT 8300 N. SILVERBELL ROAD. WHEREAS, Dr. Kim Perkins is the owner of approximately 2.2 acres of land and has made application to rezone the property from "C" (Large Lot Zone) to "CO" (Commercial/Office Zone); and WHEREAS, the Marana Planning Commission held a public hearing on December 15, 2004; and at said meeting voted 5-0 (two Commissioners were excused) to recommend that the Town Council approve said rezoning, with the recommended conditions; and WHEREAS, the Marana Town Council heard from the owner, staff and members of the public at the regular Town Council meeting held January 18, 2005 and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 2.2 acres of land located on the east side of Silverbell Road, approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road, is hereby changed from Zone "C" (Large Lot Zone) to Zone "CO" (Commercial/Office Zone). Section 2. The purpose of this rezoning is to allow the use of the rezoned parcel as a Veterinary Clinic, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Any use of the parcel in addition to the Clinic and storage must be approved by Planning Commission and Town Council; however, no residential use shall be approved. 2. Building height of the Clinic shall be restricted to single-story construction. Marana Ordinance No. 2005.02 Page 1 of 2 Section 3. Compliance with all applicable provisions of the Towns Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements, shall be required. 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. 2005.02. 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 18th day of January 2005. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Mayor BOBBY SUTTON, JR. Frank Cassidy, Town Attorney Marana Ordinance No. 2005.02 Page 2 of 2 TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION ID Preliminary Plat ID General Plan Amendment ID Variance ID Final Plat ID ,Specific Plan Amendment ID Conditional Use Permit D Development Plan ]~ Rezone ID Other ID Landscape Plan ID Significant Land Use Change ID Native Plant Permit Assessor's Parcel t General Plan Designation Number(s) 0 2 ~ ' 0~ '~' ~ ~0 r'~ A (To be confirmed by staff) Current Zoning Gr°ssArea(Acre/Sq'Ft') [ oQ.t~'/' AC¢'~. /C-'],.~, (O{o~.~.,~. (To be confirmed by stafo Development/ , t C. ~). Project Name \1 ~._.+o.2.: ~o. v' ~1 /'] o ~urO7 ~-'a~0'-- Proposed Zoning ~ I Ciw S~te S~eetAd~ss 511 fi. ¢cee, fit. Tucs . A¢. ?:'~:¢;~ ~:~>~.~<;~.:<;?(~,~;??~}~;:~2 Zip Code ).Phone Numb~ ]Fax Nmber E-Mail Ad~e~ I Phone Numar Applicant ~1 ~ ~* ~ k~ S S~eet Ad.ess Ci~ ~ State Phone Num~ Agen~epresentafive I S~eet Ad.ss i I Co~ct ~e~o~ I M~a Bu~ine~ License No. I, ~e ~de~i~e~ ceffi~ ~at all of~e facB set fo~ in ~is application ~e ~e to ~e best of my ~owledge ~d ~at I am eider the omer of~e prope~ or ~at I have been au~ofized in writing by ~e o~er to file this application. (If not owner of record, a~ach wfi~en author~afion &om the owner.) ~nt Nme of ApplicmffA~ent Si~amre Date FOR OFFICE USE ONLY C~WSo. Pd Z' 0g~-~5 Received By ~ ~/~ . Fee Amount TOWN OF MARANA PLANNING DEPARTMENT REZONE IMPACT STATEMENT 1. AREA OF PROPERTY: 2. LOCATION: (~:~,~J5 3. EXISTING ZONING: c~ ~(o G,.SQ. Fr. 4. LIST RELATED CASES: CASE # 0 e~,, Iq (0 'Ir' ACRES g3oo ~u. s:lo.~[I PROPOSED ZONING: CO ~ea,~.x¢',~ FILF4tPROJECT NAME 1. DESCRIBE THE PROPOSED USE OF THE PROPERTY: Page 12 of 18 August 2003 HE\SHARED FILES'\Review Checklist,\Rezone. doc 3. IF THE PROPOSED USE IS RESIDENTIAL, HOW MANY TOTAL RESIDENTIAL UNITS WILL THERE BE ON THE PROPERTY TO BE REZONED? MULTI-FAMILY HOMES SITE-BUILT HOMES MANUFACTURED HOMES OTHER (DESCRIBE): 4. WILL THE SUBJECT PROPERTY BE SPLIT INTO ADDITIONAL LOTS? C] YES }~,NO IF YES, HOW MANY TOTAL LOTS WILL THERE BE ON THE PROPERTY TO BE REZONED, AND ¥~'rlAT SIZE (IN ACRES) WILL EACH LOT BE? 5. IF ADDITIONAL LOTS WILL BE CREATED BY THIS REZONING, HOW ~A'iLL ALL-WEATHZR ACCESS BE PROVIDED TO THESE LOTS? 6. WHAT IS THE MAXIMUIvl PROPOSED BUILDING HEIGHT? FEET, ~ STORIES 7. PROVIDE AN ESTIMATE OF WHEN PROPOSED DEYELOPMENT WILL BE STARTED ,&N'D COMPLETED. STARTING DATE: ~)c,} t/C~ ~ COMPLETION DATE: ~,,~/O ~ 8. IF THE PROPOSED DEVELOPMENT IS COMNIERCIAL OR INDUSTRIAL: A. HOW MANY EMPLOYEES ARE ANTICIPATED? B. HOW MANY PARKING SPACES WILL BE PROVIDED? C. WHAT ARE THE EXPECTED HOUP~q OF OPEIL. kTION? Page 13 of 18 August 2003 H:\SHARED FILES~Review Checklists\Rezone.doc D. WILLASEPAIC'kTE LOADING AREA BE PRO\rIDED? k~j0....S · 5 ~e_ (IF YES, SHOW LOCATION ON PRELIMINARY DEVELOPMENT PLAN.) E. APPROXIMATE SIZE OF BUILDINGS (SQ. FT.): 9. FOR COM*IERCIAL OR INDUSTRIAL DEVELOPMENTS, OR RESIDENTIAL DEVELOPMENTS OF THREE (3) RESIDENCES PER ACRE OR GREATER: A. STATE WHICH BUFFERYARD IS REQUIRED, PER TITLE 17 OF THE TOWN OF MARANA LAND DEVELOPMENT CODE: B. DESCRIBE THE BUFFER THAT WILL BE PROVIDED (STATE BUFFER WIDTH, USE OF WALLS, AND TYPE OF PLANT MATERIAL) TO MEET THE TOWN OF MARANA LAND DEVELOPIvlENT CODE REQUIREMENTS: 10. IF THE PROPOSED DEVELOPMENT IS AN INDUSTRIAL PROJECT, STATE THE INDUSTRIAL WASTES THAT WILL BE PRODUCED AND HOW THEY WILL BE DISPOSED. (DISCUSS THE MEANS OF DISPOSAL WITH THE PIMA COUNl%' 1,VASTEWATER MANAGEMENT DEPARTMENT AT (520) 740-6500 AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY AT (520) 740-3340. LIST ANY PCWW OR PDEQ REQUIREMENTS APPLICABLE TO THIS PROJECT.): Page 14 of 18 August 2003 H:\$I-L~.RED FILES~Review Checklists\Rezone.doc 1. ~ ~E~ ~ING US~ ON THE SI~?~ Y~ ~ NO A. IF Y~, D~BE T~ USE, STATING ~E NUMBER AND ~PE OF D~LLING UNITS, BUSINESS, 0 B. IF NO, IS T~ PROPER~ UNDISTURBED, OR ARE T~RE A~AS THAT HAVE BEEN G~DED? 2. IF THE PROPOSED REZONING IS APPROVED, WILL THE EXISTING USE BE REIvIOVED, ALTERED, OR REMAIN AS IS? 3. ARE THERE .-k.\'Y EXISTING UTILITY EASEIvIEN'TS ON THE SUBJECT PROPERTY? CI YES ~ NO IF YES, STATE THEIR TYPE AND WIDTH, AND SHOW THEIR LOCATION ON THE PRELIMINARY DEVELOPMENT PLAN: 4. DESCRIBE THE OVERALL TOPOGRAPHY OF THE SUBJECT PROPERTY, AND NOTE WHETHER ANY SLOPES OF GREATER TI-L&N 15% ARE PRESENT ON THE PROPERTY. NOTE ANY ROCK OUTCROPPINGS, UNUSUAL LANDFORMS OR OTHER SIGNIFICANT ENVIRONIYFENTAL RESOURCES: o Page 15 of 18 August 2003 H:\S?L-kRED FILES\ R~'ie-,' Checklists\ Rezone.doc 5. NOTE ANY AREAS OF HEAVY VEGETATION ON THE PRELIMINARY DEVELOPMENT PLAN: 6. ARE THERE ANY NATURAL DRAINAGEWAYS (WASHES) ON THE SUBJECT PROPERTY? ~1 YES ~NO IF YES, STATE WHETHER THESE NATURAL DRAINAGE PATTERNS WILL BE ALTERED BY THE PROPOSED DEVELOPMENT, AND WHAT TYPE OF ALTERATION IS PROPOSED: 7. IS AUTHORIZATION FRObl ANY FEDERAL, STATE OR LOCAL AGENCY REQUIRED? IF YES, PROVIDE NARRATIVE: 8. APPROXIMATELY HOW MUCH OF THE SUBJECT PROPERTY IS PROPOSED TO BE GRADED, INCLUDING AREAS WHERE MOST VEGETATION WILL BE CLEARED? 1. q- ACRES ~ (o PERCENT OF THE LAND AREA. HOW MUCH OF THIS AREA IS CURRENTLY GRADED? ~ ~C~ 9. DESCRIBE ANY REVEGETATION PROPOSAL IN AREAS WHERE DEVELOPMENT WILL REQU"IRE REMOVAL OF NATURAL VEGETATION: Page 16 of 18 August 2003 H:\SHARED FILESX, Review Checklists\Rezone.doc 10. WILL A SEPTIC SYSTEM OR PUBLIC SEWER BE USED FOR THE PROPOSED DEVELOPMENT? U! SEPTIC ,,~E~R IF SEPTIC IS TO BE USED, STATE WHETHER ONE CURRENTLY EXISTS ON THE PROPERTY AND, IF SO, WHETHER ADDITIONS TO THAT SYSTEIvl WILL BE NEEDED FOR THIS DEVELOPMENT. (NOTE: FOR INFORMATION ON SEPTIC SYSTEM REQUIREMENTS, CALL THE DEPARTMENT OF ENVIRONMENTAL QUALITY AT 740-3340.): 11. HOW ~qLL WATER BE SUPPLIED TO THE PROPERTY? 12. IS THE AV.KILABLE WATER SUPPLY ADEQUATE FOR THE PROPOSED DEVELOPMENT? ]~YES r-I NO VI NOT SURE IF PRIVATE SERVICE IS PROPOSED, IS THERE A 100-YEAR ASSURED WATER SUPPLY? IZIYES ~INO ~NOTSURE 13. WILL THIS PROJECT EIvlPLOY ANY WATER HARVESTING TECHNIQUES? EXPLAIN: Page 17 of 18 August 2003 H:\SHARED FILES~P. eview Checklists\Rezone.doc DESCRiBE ADJACEN'T AND NEARBY LAND USE TYPES AND ZONING WITHIN APPROXIMATELY 500 FEET OF THE SUBJECT PROPERTY IN ALL DIRECTIONS: Page 18 of 18 August 2003 H:\SI-LARED FILE~Review Checklists\Rezone.doc MARANA -I-OW~ OF MARANA Location Map / Veterinary C.[inic I Veterinary Clinic REQUEST Request to rezone approximately 2.2 acres from "C" (Large Lot Zone to "CO" (Commercial/Office).