HomeMy WebLinkAbout02/15/2005 Council Action Blue Sheets 1pWN OF
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INFORMATION
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MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 1
TO: MAYOR AND COUNCIL
FROM: James R. DeGrood, P.E. Executive Asst. to Town Manager
SUBJECT Presentation on the Perimeter Bicycle Association's "Tour of the
Tucson Mountains"
DISCUSSION
Mr. Roy Schoonover from the Perimeter Bicycle Association will present information on the
Tour of the Tucson Mountains event, scheduled for April 24, 2005. The Perimeter Bicycle
Association wishes to start and finish the event in front of the new Marana Town Hall complex,
and seeks to relocate this event to Marana permanently.
RECOMMENDATION
N/A
SUGGESTED MOTION
N/A
1pWN OF
TOWN COUNCIL F
MEETING TOWN OF MARANA 9~MARANA ~
INFORMATION
'~RIZONP
MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 2
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No.2005.05: Relating to
Development; approving a Specific Plan Amendment for the
Rancho Marana Specific Plan.
DISCUSSION
This application is a request for approval of an amendment to the Rancho Marana West portion
of the specific plan of the Rancho Marana Specific Plan adopted in 1990 and amended in 1999.
The proposed amendment is intended to bring this portion of the specific plan into compliance
with the Town Center Plan, the Northwest Marana Area Plan, and the Vanderbilt Farms Design
Guidelines, adopted in conjunction with Farm Field Five, a subdivision within the specific plan
adopted in 2002.
Amendments to the specific plan include a relocation of Barnett Road, the extension of
Tangerine Farms Road through the western portion of the specific plan, redistribution of open
spaces, revised development standards for the western portion of the Rancho Marana Specific
Plan, and new cross sections for Sandario Road, Tangerine Road and Moore Road. In addition,
the applicant has voluntarily held off plans far the Town Center and the Employment Center
areas to allow the town to complete its town center planning effort.
The Town's adoption of the Northwest Marana Area Plan in 2000 rendered the Rancho Marana
West plan obsolete by calling for new road and open space alignments. The entire Rancho
Marana Specific Plan consists of approximately 996 acres of land, generally located north of
Moore Road, south of Barnett Road, east of Sanders Road, and west of Patton Road, on the east
side of I-10. The plan is divided into two separate parts. The first is located on the east side of I-
10, consisting of 242 acres, and is known as Rancho Marana East. This area is controlled by
Doerken Properties, Inc. and is not included in the proposed amendments. It retains the
regulations found in the adopted specific plan.
The second part to the west of I-10 is the area known as Rancho Marana West, consisting of
approximately 754 acres. This area is divided into three sections with three different master
developers. This includes Vistoso Partners, which controls the Vanderbilt development
(including Farm Field Five); Greg Wexler, who controls the area to the north of Barnett Road
and Meritage Homes (formerly Monterey Homes), which controls Rancho Marana 154.
090804 SPA-03092 Rancho Marana Specific Plan 08/20/04
The area to the north of Barnett Road, controlled by Greg Wexler, is being designated as a
Special Planning Area that will be addressed by a separate document after the town center
planning effort is completed, but not later than February 2006.
General Plan•
The General Plan ratified by the voters in March 2003 designates the subject area as "Master
Planning Area". The purpose of this designation is to allow greater flexibility in site planning
and design than traditional zoning districts allow. The proposed Specific Plan Amendment is
consistent with the Master Planning Area designation.
Land Use:
A primary purpose of the proposed amendment is to bring Rancho Marana West into
conformance with the Northwest Marana Area Plan. The adopted, amended plan for Rancho
Marana West includes a golf course, small lot options outside of the Town Core, and high
density residential (with an entitlement for sixty-five feet building height).
The proposed amendment to the Rancho Marana West planning area will bring the land use and
development standards consistent with the Northwest Marana Area Plan and current
development requirements. The proposed land use plan provides for six different land use
designations consistent with the Northwest Marana Area Plan land use concept. The designations
are as follows:
Town Center (TC)
Medium Density Residential (MDR) - 3- 6 RAC
Medium High Density Residential (MHDR) - 6 to 10 RAC
High Density Residential (HDR) - 10 to 20 RAC
Commercial I (C-1)
Employment Center (EC)
These uses will afford the area within the Town Center and the surrounding area with a mix of
residential uses and provide the opportunity for institutional and commercial uses to be located
with the "downtown" area or in close proximity, as envisioned in the Town Center Plan.
The amendment area includes the following approved subdivisions: Farm Field Five, Rancho
Marana 154 and Vanderbilt.
Circulation•
The proposed circulation is in conformance with the adopted Major Routes Plan. Circulation
through the Town Center area will be achieved by the construction of the new Civic Center
Drive, which will continue south to Clark Farms Boulevard. Clark Farms Boulevard will run
from the western boundary of the specific plan east and southeast to connect with Moore Road.
Tangerine Farms Loop Road will extend north of Moore Road through the specific plan area.
Moore Road is proposed as a 250' right-of-way. Additional east/west access into the Specific
Plan area will be from Clark Farms Boulevard with a 90' ROW.
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021505 SPA-03092 Rancho Marana West Specific Plan Amendment.doc
Ultimately, Tangerine Farms Loop Road will become the major north/south access and serve as a
loop road for the area connecting the Tangerine Road Interchange with the Marana Road
Interchange.
Drainage•
When the Rancho Marana Specific Plan was first adopted in 1990, the three principal sources of
off-site runof~ affecting this property were from the Santa Cruz River over-bank flooding, runoff
from agricultural lands south of Moore Road, and the Tortolita Fan runoff.
Not reflected in tlle hydrology study used in the preparation of the original Specific Plan is the
decision to turn the Barnett Road alignment into a 200 foot wide regional drainage facility. This
drainage facility will not only provide a solution for the Tortolita Fan drainage but will also
provide for a portion of the on-site drainage which will be created by developing the site.
Additional measures to address the drainage include incorporating a system of collector channels
to capture off-site flow and a series of retention/detention basins to store both on-site and off-site
runoff until the ultimate long-term drainage plan is completed. These drainage solutions will be
utilized for community amenities, such as open space and trail systems for walking, jogging and
bicycling. In addition, this multi-use approach provides opportunity for expanded recreation
facilities for future residents.
Recreation/Trails/Open Space:
The intent of the Recreation/Trail Plan is to provide for natural and man-made recreation/open
space features accessible within the Rancho Marana Specific Plan area. The recreation areas are
integrated within the different planning areas to provide physical separation, buffer zones and
transitions between varying land use intensities.
The regional trail is to be a landscaped pedestrian path within the Moore Road right-of-way
south of the centerline of Moore Road. This trail is intended to be a major pedestrian link to the
future Santa Cruz Linear Park system and the Town Center. The community trail system will be
smaller in scale, located within the open space corridor. Secondary arterial and local collector
streets have sufficient rights-of-way to include a pedestrian trail/sidewalk system that will
provide additional community connections. Drainage features, where possible, will be
incorporated into recreational land uses and will be landscaped. They will be utilized as multi-
functional elements providing opportunities for community open space, recreation, trails (both
community and regional), urban green space, and wildlife corridors.
Landscape•
Roadways are the community's most visible landscape feature. Establishing the basic theme,
framework, and plant palette will ensure a cohesive image and character for the Rancho Marana
Specific Plan area.
-3-
021505 SPA-03092 Rancho Marana West Specific Plan Amendment.doc
The landscape concept plan identifies a hierarchy of landscape treatments. The intent is to create
a recognizable identity, one which will promote and enhance a vision for the community Town
Center and region. Recommended plant materials are included within Appendix E. Landscape
concepts for portions within the Town Center will be consistent with the design guidelines for
the Town Center.
ATTACHMENT(S)
Locator map.
RECOMMENDATION
Staff recommends approval of Ordinance No. 2005.05, approving a Specific Plan Amendment
for the Rancho Marana West Specific Plan with the following conditions:
Recommended Conditions:
l. The applicant shall address the correction identified in the Traffic Engineering
memorandum dated February 2, 2005, prior to acceptance of the final document.
2. The applicant shall make changes to the Rancho Marana Specific Plan document as
recommended by the Planning Director prior to acceptance of the final document and
provide two (2) digital files, one non-bound original and 25 bound copies of the final
document within 30 days of adoption by Town Council.
SUGGESTED MOTION
I move to approve Ordinance No. 2005.05.
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021505 SPA-03092 Rancho Marana West Specific Plan Amendment.doc
;;2
MARANA ORDINANCE NO. 2005.05
RELATING TO DEVELOPMENT; APPROVING A SPECIFIC PLAN AMENDMENT FOR
THE RANCHO MARANA SPECIFIC PLAN.
WHEREAS, on February 6, 1990 the Town Council adopted Ordinance No. 90.04, which
approved the Rancho Marana Specific Plan; and,
WHEREAS, the Rancho Marana Specific Plan was amended, in 1999; and,
WHEREAS, the Marana Planning Commission held a public hearing on April 14, 2004, and
at said meeting voted 4-1 (Commissioner Hestwood dissenting, Commissioners Berg and Purcella
absent) to recommend that the Town Council approve said amendments; and,
WHEREAS, Vistoso Partners, LLC, Greg Wexler, and the Town of Marana own real
property within a portion of the Rancho Marana Specific Plan Area and are developing that property
subject to the Rancho Marana Specific Plan; and,
WHEREAS, amending that portion of the plan known as Rancho Marana West to bring into
conformance with the Town of Marana's adopted updated policy documents by amending the
Development Regulations and including the essential Design Guidelines on that property generally
located west of I-10, south of Grier Road, north of Moore Road, and east of Sanders Road, is in the
Town's best interest; and,
WHEREAS, the Marana Town Council heard from representatives of the owner, staff and
members of the public at the regular Town Council meeting held February 15, 2005 and determined
that the amendments to the Rancho Marana West portion of the specific plan should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The amendment to the Rancho Marana Specific Plan comprising of 996 acres
generally located north of Moore Road, west of Interstate 10, east of Sanders Road, and
south of Grier Road, is hereby adopted with the following condition:
l. The applicant shall address the correction identified in the Traffic Engineering
memorandum dated February 2, 2005, prior to acceptance of the final document.
2. The applicant shall make changes to the Rancho Marana Specific Plan document as
recommended by the Planning Director prior to acceptance of the final document and
provide two (2) digital files, one non-bound original and 25 bound copies of the final
document within 30 days of adoption by Town Council.
Marana Ordinance No. 2005.05
Page 1 of 2
Section 2. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or
motions of the Council in conflict with the provisions of this Ordinance are hereby repealed,
effective as of the effective date of this Ordinance.
Section 3. 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
15th day of February, 2005.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2005.05
Page 2 of 2
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TOWN OF MARANA CASE NO. SPA-03092
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request to amend the Rancho
Marana Specific Plan.
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INFORMATION
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MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 3
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2005.06: Relating to a
Rezoning; adopting an ordinance for the Ina/Silverbell Rezoning.
DISCUSSION
A public hearing before the Town Council was heard on June 15, 2003. The mayor closed the
public hearing and moved to continue this item to allow additional time for the applicant and
staff to address outstanding administrative issues, prior to the adoption of Ordinance Number
2005.06.
The continuance was primarily to address the necessary dedications for the realignment and
construction of Silverbell Road. The necessary dedications and utility easements have now been
secured and staff is presenting this Ordinance Number 2005.06 for adoption.
Adoption of this ordinance will change the zoning designation on approximately 15.3 acres of
land from R-36 (Single Family Residential, 36,000 sq. ft. minimum lot size) to 14.8 acres of R-
10 (Single Family Residential, 10,000 sq. ft. minimum lot size) and 0.5 acre to NC
(Neighborhood Commercial), adjoining the existing 3.6 acres of NC, on property generally
located at the northwest corner of Ina and Silverbell Roads.
REZONING REQUEST
The developer, DCK Investments, is proposing a maximum of 41 lots for the site. Since there is
only one entrance to the site from Silverbell Road, a 20' emergency access will be provided to
connect to Ina Road. Circulation through the project is achieved by a public dedicated loop road
that accesses all lots. Access to the Neighborhood Commercial area has not been determined at
this time, but will be developed in conjunction with the existing neighborhood commercial to the
south.
Both the Yuma Mine Wash and an unnamed wash running through the site will be left in their
natural state and will provide passive walking paths. The areas outside of the R-10 developed
area will remain R-36 and be dedicated as open space through the platting process. The Yuma
Mine Wash trail will provide access to offsite trails. All open space, common areas, and
drainage facilities on the site will be owned and maintained by a Homeowners Association, with
the necessary public access easements.
061504Ina Silverbell rezone Bluesheet.doc 2/9/2005 10:18AMKM
ATTACHMENTS
Applicant's proposed Land Use Plan (from the Site Analysis), Town Council Minutes from June
15, 2004, locator map and Ordinance 2005.06.
RECOMMENDATION
The Mayor and Council having held a public hearing on June 15, 2004 and has determined that
the rezoning is in conformity with the General Plan and should be approved, subject to the
following conditions:
1. Compliance with all provisions of the Town's codes, ordinances and policies of the General
Plan as current at the time of any subsequent development, including, but not limited to,
requirements for public improvements.
2. This rezoning is valid far three years from the date of Town Council approval; if the
developer fails to have a final subdivision plat recorded prior to the three 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 agrees to enter a financial contract establishing their "fair share" contribution
for schools. The developer shall provide written documentation that an agreement with the
Marana Unified School District is completed prior to Town Council consideration of any
preliminary platting request related to this rezoning request.
4. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
5. No "Convenience Store" uses shall be permitted on the NC parcel.
6. The NC zoned property shall not be allowed to be developed at the R-6 standards, but shall
be developed for commercial use.
7. The preliminary plat shall be in general conformance with the Tentative Development Plan
as adopted by Mayor and Council.
8. All slope and drainage treatments shall be aesthetically designed and engineered (where
necessary) to "naturalize" the built environment. The developer shall mitigate drainage
improvements and slopes with vegetation, natural rock, riprap, textures, and colors
characteristic of the natural, onsite desert environment to minimize the negative interface
between the built environment and the natural environment.
9. 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 andlor 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 applicant 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.
10. A water service agreement and a master water plan shall be submitted by the applicant and
accepted by the Utilities Director prior to the approval of the water plans.
021 SOS PCZ-03128 Ina Silverbell Rezone Adoption.doc 2/9/2005 10:17 AMKM
-2-
11. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and
accepted by Pima County Wastewater Management and the Town Engineer prior to the
approval of the sewer plans.
12. Conservation easements along open space corridors shall be recorded by final plat.
SUGGESTED MOTION
I move to adopt Ordinance No. 2005.06 with the recommended conditions.
021505 PCZ-03128 Ina Silverbell Rezone Adoption.doc 2/9/2005 10:17 AMKM
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MARANA ORDINANCE NO. 2005.06
AN ORDINANCE RELATING TO A REZONING; ADOPTING THE INA/SILVERBELL
REZONING.
WHEREAS, The Planning Center represents the property owners of approximately 15.3
acres of land generally located at the northwest corner of Ina and Silverbell Roads, within a portion of
Section 35, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and
incorporated herein by this reference; and
WHEREAS, the Marana Planning Commission held public hearings March 31, 2004, and at
said meeting voted to recommend 5- 2(Chairman Parker and Vice-Chair Clanagan dissenting) that
the Town Council approve said rezoning, adopting the recommended staff conditions; and
WHEREAS, the Marana Town Council held a public hearing and heard from representatives
of the owner, staff and members of the public at the regular Town Council meeting held June 15,
2004 and has determined that the rezoning is in conformity with the General Plan and should be
approved, subject to conditions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The zoning of approximately 15.3 acres located within Section 35, Township 12 South,
Range 12 East, on the northwest corner of Ina Road and Silverbell Roads (known as the rezoning
area) will change the zoning designation from R-36 (Single Family Residential, 36,000 sq. ft.
minimum lot size) to 14.8 acres of R-10 (Single Family Residential, 10,000 sq. ft. minimum lot size)
and 0.5 to NC (Neighborhood Commercial).
Section 2. The purpose of this rezoning is to allow the use of the Rezoned Area for single family
detached homes and neighborhood commercial development, subject to the following conditions, the
violation of which shall be treated in the same manner as a violation of the Town of Marana Land
Development Code (but which shall not cause a reversion of this rezoning ordinance):
1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan
as current at the time of any subsequent development, including, but not limited to, requirements
for public improvements.
2. This rezoning is valid for three years from the date of Town Council approval; if the developer
fails to have a final subdivision plat recorded prior to the three years the Town may initiate the
necessary action to revert the property to the original zoning, upon action by the Town Council.
Marana Ordinance No. 2005.06
Page 1 of 3
3. The applicant agrees to enter a financial contract establishing their "fair share" contribution for
schools. The developer shall provide written documentation that an agreement with the Marana
Unified School District is completed prior to Town Council consideration of any preliminary
platting request related to this rezoning request.
4. The property owner shall not cause any lot split of any kind without the written consent of the
Town of Marana.
5. No "Convenience Store" uses shall be permitted on the NC parcel.
6. The NC zoned property shall not be allowed to be developed at the R-6 standards, but shall be
developed for commercial use.
7. The preliminary plat shall be in general conformance with the Tentative Development Plan as
adopted by Mayor and Council.
8. All slope and drainage treatments shall be aesthetically designed and engineered (where
necessary) to "naturalize" the built environment. The developer shall mitigate drainage
improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic
of the natural, onsite desert environment to minimize the negative interface between the built
environment and the natural environment.
9. 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
applicant is advised to retain appropriate expert andlor consult with the appropriate federal and
state agencies to determine any action necessary to assure compliance with applicable laws and
regulations.
10. A water service agreement and a master water plan shall be submitted by the applicant and
accepted by the Utilities Director prior to the approval of the water plans.
11. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and
accepted by Pima County Wastewater Management and the Town Engineer prior to the approval
of the sewer plans.
12. Conservation easements along open space corridors shall be recorded by final plat.
Section 3. 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. 2005.06.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions hereof.
Marana Ordinance No. 2005.06
Page 2 of 3
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of February, 2005.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2005.06
Page 3 of 3
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OF 3$.07 FEET TO "1"HE CENTERLIN~ OF SILVERBEI~. ROAD, AS SHOWN TN BOQK 3 OF
RECORD OF SURVEYS A7 pAGE 42, PIMA CAUNTY, ARIZONA;
THENC~ SOUTH 10°41'~1" FAST 17'4.17 FEET UPON SAID CENTERLYN~;
TH~NCE SOUTH 88°39'40" WFS~' ~99.8~ FEEi'; ~
TH~NC~ SOiJTW 0°17'S~" EAST' 325,91 F~~T;
THEIVCE SOUTH 89°42'08" W~ST 62.55 FEET TO A NON TANGENT CURVE
CONCAVE NQRTHWEST~RLY, THE RADiU$ PO1NT OF 5AIp CURVE B~AR5 NORTH
S6°15'24" V1fF~.S~;
THENC~ SOUTHWESi'ERLY UPQN TH~ ARC OF 5AID CURVE TQ THE RIGH'T',
HAVYNG A RApIUS L~F 3fi5.U~ ~EET' AND A CEN'1`RAI. ANGL~ Sb°18'21". ~OR AN
ARC DISTANC~ OF 358,69 FEET;
TMENCE NORTF~ $9°57'd3" WFST 75AQ F~~`1';
THENCE N4RTH 81°~6'26" 1NEST 108.Q3 FEET;
THENCE N~RTH 71°53'32" WE57173.~8 FEET;
r,~~~ ~ oF a
JUN-14-2004 17~56 THE PLANNING CENTER 520 622 1950 P.05i06
.
THENCE NORTH 42°57'07" W~ST 218.g~ FE~T'i
THENCE N~R'~'H 3Z°36'5X" EASf' 76.71 ~ET;
~ TM~NCE NORTH 30°~1'47" FAST 71.20 ~EEY;
TH~NCE N4RTH 19°04'5S" FAST ~.74.85 FEET';
THENCE NDRTH 35°36'37" ~ASI" 78.17 F~ET;
7HENCE NORTH 43°45'0~," ~AST 65.25 ~EE'T';
THENCE NbRTH 60°~3'30" EAST 98.62 F~ET;
THENC~ NORTH fi5°4~'44" EAST' 188.]~1 ~~~"r';
THENCE NORTH 45°39'23" FAST 186.0$ F~ET;
7H~NG'E NORTH ~0°a6'~9" ~AST 57,39 F~ET';
~~NC~ sou~rH sa°~~ss~~ ~asr' ~9,3s ~r;
THENCE SOUTH 68°27'S3" EAS'r 412.1$ F~~T;
THENC~ NOR'~'H 56°25"55" EAST 10.z9 h~ET TQ A TANGENT CURV~ CQNCAVE
NORTH~RLY;
THEIVC~ EASTERLY UPON 7~iE ARC OF $AYD CURV~ TO THE L~Ff, HAVING A
RAp~US ~F 25.00 FEEY ANO A C~NTRA~ ANGI-E QF 90tl00'00", FOR AN ARC DISTANCE
OF 39.27 FEETTO THE P~iNT O~ B~GINNIN6.
CQN7AINING 64F,007 SQUARE F~ET OR 14.$30 ACRES, MORE OR LESS.
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MARY T~
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• PAGE 2 O~ 2
JUN-14-2004 17~56 THE PLANNING CENTER 520 622 1950 P.06i06
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TOTAL P.06
Ina / Silverbell
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Rezo n i n
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TOWN OF MARANA Case NO. PC~03128
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R
E UE
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A request to rezone approximatel 15 acres
v
from R-36 to R-10 and NC.
aMINl1'TE~ t~~' ~2~:Ul,~L~~t ~fl~I'~"t;II, ~~~:~TI~G
I~7.~ RA~A TCC~#'~~° N H~ LL
JLTNE l~, 20~~ :
Mr. Martinez recommended that the Town of Marana evaluate its storage
and source water supply on a semi-annual basis to closely monitor
development.
Upon motion by Council Member Escobedo, seconded by Council Member
Blake, Resolution No. 2004-84 was unanimously approved.
1. PUBLIC HEARING. Resolution No. 2004-85: Relating to Budget;
adopting the Fisca12004-2005 Final Budget (Roy Cuaron)
Mayor Sutton declared the public hearing open and closed. No speakers
came forward.
Mr. Reuwsaat said that he was pleased to present the Fisca12004-2005 Final
Budget to the Council. He remarked that it set the upper limits of the
expenditures and included approximately 72% infrastructure
improvements for the community.
Upon motion by Council Member McGorray, seconded by Council Member
Honea, Resolution No. 2004-85 was unanimously approved.
Council Member Escobedo congratulated the staff and fellow Council
members for their hard work on meeting the budget goals.
2. PUBLIC HEARING: Ordinance No. 2004.09: Relating to a Rezoning;
reviewing and adopting an ordinance for the rezoning known as the
Ina/Silverbell Rezoning (Kevin Kish)
Mayor Sutton opened the public hearing regarding the Ina/Silverbell
rezoning.
Louis Hirsch, longtime Silverbell Road resident, voiced his approval of the
rezone action but asked for ttivo conditions. He requested protection of the
Ironwood/Saguaro forest west of the power line and that the Wild Horse
Wash Open Space was left undisturbed in its entirety. He presented the
Town Clerk with a letter stating this approval and it has been made a
permanent part of this record.
5
'VII~tJT~'~ f~F Tt~CtU~1A1~ C.'C~'~~C;~Ie ~+3~ETI~G
MARAi~1A'T(3W;~; °~ALL
Jt~~~E 1S, 2~)C1~
Emily Johnson, Wade Road resident and representative of the Tucson
Mountain Association, addressed the Cou{
~shebwas notginu
a'vo pof the
of the proposed rezoning. She said tha
convenience store's corner location.
Keith Johnson, El Camino del Cerro resident and Tucson Mountain
Association board member, voiced his approval of the proposed rezoning.
He stated that the size of the lots allowed for more open space within the
development. He said that the developer, Doug Kennedy, was particularly
accommodating to the group s concerns with the natural desert
preservation and that Mr. Kennedy had been easy to work with.
Patricia Hirsch, Silverbell Road residentT{ioneof hehnter ection bes
educed
and asked that only lots at the small po
if a lot size reduction was used. She said that it would be preferable to keep
the 36,000 sq. ft. lots west of the p~~^' also asked thatthetW'i d Horse Wash
that west of the power line road. She
act as the borderline for the placement of 10,000 sq. ft. lots.
Doug Kennedy, the developer, addressed the Council and public regarding
this pending action. He said that he wanted to assure the residents that the
SR lots were currently in the final plattid wa n to have tileroofs phroughout
the Town staff soon. He said that he d
the project and that the concerns regarding building heights would be
addressed shortly.
There were no more speakers to come forward. Mayor Sutton closed the
public hearing.
Jaret Barr spoke to the Council regarding this item. He said that, based on
some of the discussions heard at this meeting and at previous meetings, the
staff would like to recommend a continuation for this item in order to
secure a development agreement q
aanui~~e Counci tmeeti g. concerns. He
requested that this item be heard at
Mayor Sutton commented that the cluster type of development gave more
concession to the environmen~a at had la wa s been~ a big proponent of
that point. He said that Ma Y
clustering that left larger open space areas. He noted that the acceptance of
this development signaled a turning point for the community.
6
IVIINUTES t}l~ I~t~:~i~~Ja~K ~;t~U!'~'~Ii~ ~~~'ETING
Il~Al2<A~VA 'l'{)W~ I-~ALL =
. . . ~ti~dlS'r A~y ~L/~7+t..
Mr. Reuwsaat commended the Tucson Mountain Associatiori s members
for being able to talk out their concerns and arrive at a compromise. He
acknowledged that the Town had established a longstanding good
relationship with the group. He also praised the developer for Mr.
Kennedy's sensitivity to the natural open space and desert environment as
well as the neighborhood residents' concerns.
Upon motion by Mayor Sutton, seconded by Council Member Blake, a
continuance for Ordinance No. 2004.09 was unanimously approved.
3. Resolution No. 2004-86: Relating to Development; approving and
authorizing the execution of a development agreement with Exeter LXI,
LLC, regarding the Sky Ranch development project (Frank Cassidy)
Mr. Reuwsaat said that he was very pleased to bring this project to closure.
He said that the Town Attorney would be addressing the Council regarding
the proposed action.
Mr. Cassidy spoke to the Council regarding the proposed development
agreement. He said that the agreement carried forward all of the conditions
and requirements imposed on Sky Ranch. He noted that there was a habitat
conservation plan (HCP) that had been approved for this property and the
development agreement incorporated the HCP.
Upon motion by Council Member McGorray, seconded by Council Member
Honea, Resolution No. 2004-86 was unanimously approved.
At this time the Mayor announced that he had a proclamation to read into
the record. The proclamation honored Chuck Boyer, an avid outdoorsman
and amateur trail designer and has been made a permanent part of the
record. It is also on file in public records located at Town Hall. Mr. Boyer
recently completed the design and construction of a 12-mile recreational
trail in the Tortolita Preserve. He spent over 6,874 hours volunteering his
expertise over a two year span developing and building the Tortolita Trail.
Mr. Boyer thanked the Mayor and Council for their support. He said that
this was the best group of people he had ever worked with and he hoped
everyone enjoyed the trail.
7
~ Land Use Plan
II. Land Use Plan
;
l
_I
1~ -
~ Ina Silveri~ell Rezoning
42
~
Land Use Plan
~
A• OVERVIEW
The total area of the proposed project consists of approximately 15 acres.
A total of 41 single family residental Iots are proposed onsite. Gross
density of the proposed residential development will therefore be t3 RAC
(unit per acre). A limit of 41 residential units is achieved through lot size.
Average lot size is approximately 10,500 square feet. The placement of
each of the lots has been carefully chosen to provide a buildable area on
each of the sites while avoiding floodplains. Easements will be placed
over the Yuma Mine Wash floodplain areas along the northern border to
preserve these areas as permanent open space, facilitate trail access, and
provide for wildlife movement. Grading will be restricted to these
envelopes in order to preserve existing vegetation and to preserve the
natural drainage features on the site. Road and potential driveway
placement has also been chosen to minimize wash crossings and
disturbance of slopes and Yuma Mine Wash floodplain.
The .41 acre portion of the rezoning request (R-36 to NC) is designed to
combine with the adjacent southeastern NC property, intended to
eventually be developed as a neighborhood commercial center. This
center will provide a needed neighborhood commercial area that will ~
mainly serve the project site and areas west of the site
B. TENTATIVE DEVELOPMENT PLAN
The Tentative Development Plan transparency is included in the pocket at
the end of this report. Also refer to Exhibit 11.B.1.
' C. EXISTING LAND USES
~ 1. Map of Zoning Boundaries and Existing Adjacent Land Uses:
Please Refer to Section 1.A.b.- Existing land uses within 1/4 mile of
the project site. Additionally, see Exhibit 1.A.4: Existing Land
Uses.
~ 2. tmpact On Existing Land Uses On and Off Site:
The development is in compliance with the Town of Marana
~ General Plan. Residential land uses in this area will not adversely
impact the existing land use, as it is vacant. In establishing
residential uses in this area, the development will complement the
l residential character of the region. Most of the surrounding
) property is vacant. Single-family residences are currently being
constructed northwest of the project site. Further, a small number
l of single-family residences are located south of the project site.
j Little negative impact on these properties is anticipated due to the
j lna Silverhel! Rezoning
43
~
_ Land Use Plan
distance and efevation differences between these properties and
, the proposed development.
,
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~
] lna Silverhell Rezoning
44
J
Land Use Plan
Exhibit II.B.1: Tentative Development Plan
i 1. Township 12 South, Range 12 East, Section 35. 6. No. of dwelli I
; 2. Assessor Parc~l ID: 226-33-009E n9 units: 41 10. Area to be graded: 20 ac
7. Building Heights: not to exceed 25' or two story 11. Contour Interval = 2 ft. ~
~ 3. Total Property Acreage: 152 ac 8. Residential Densities: 2,g RqC '
~ 4. Existing Zoning Onsite: R-36 9. Drou ht tolerant ant s P ~2• A`~~9e Cross Siope: j
5. Pro 9 P~ Pecies com liant with Town of 13. There are no wells present onsite.
~ posed Zoning: R-10 (14.717 ac), NC (.48 ac) Marana standards wiil be u6lized. I
14. An NPR will be performed during fhe
~ . ~ ~ , , : tentative piatting phase
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THE
~ Rozaning B°undary (R-10. u.~~~ - - - - ei~„ ~,a sam.a~ PLANNING
Zo^in~ eoixwaries p~~a~~ ~ CENTER
~ 7108.C1N/Rp~AVE.. SVITEpp
Razoning Boundary (NC. .48 ac) p• 150' ~ nicsan. ~z ssro~ csn~ ezss~+e
Aq.u r. sc6us
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Ina Silveifiell Rezoning
45
1
Land Use Plan
D/E. TOPOGRApHy ~ pOST DEVELOPMENT DRq~NqGE
1. TDP Response to Hydrologic Characteristics
The TDP aliows the Yuma Mine Wash to remain in its naturai st~te.
As mentioned in Part1, the Yuma Mine Wash is mapped as an
undetailed study. Any revisions to the FEMA floodplain would
require a Letter of Map Revisions (LOMA).
2. Information and Substantiation for Encroachment / Modification of
Drainage Patterns
There will be no encroachment into the Yuma Mine Wash. Minor
drainage within the mass graded areas of the site will include
improved channels to convey the minor flows through the site (See
Exhibit II.D/E: Post Hydrology).
3• Potential Drainage Impacts to Off-site Land Uses Upstream and
Downstream
There will be no impact to upstream or downstream land uses as a
result of this project.
4. Engineering and Design Features to be used to Address Drainage
; and Erosion Problems
The site wifl include improved channels to convey the minor flows
i red ce the 100-foot etback associatedriti ection will be provided to
~ ith the Yuma Mine Wash.
5. TDP Conformance with Area Pfan, Basin Management Plans and
~ Town Policies
~
. This project, by allowing the Yuma Mine Wash to retain its natural
~ characteristics, conforms to the Tucson Mountain Basin
Management Plan as well as the Town of Marana's Policies.
~
~
]
, lna Silventre/l Rezoning
46
I
Land Use Plan
i Exhibit II.D/E: Post Hydrology
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.1 - - wnrn.: n.oJo.Nrt~p
1 Ina Silvenbell Rezoning
47
~ Land Use Plan
F• VEGETATION
The vast majority of the project site is surrounded by natural undisturbed
open space. The depth(s) of these buffer areas to be left undisturbed are
typicaliy more restrictive than the most restrictive bufferyard provision.
The onfy areas that wili utilize landscape buffers include residential units
abbutting the proposed commercial comer. These areas will utilize a
landscape buffer code 3, 15' minimum, 2.0 plant count per 100 square
feet.
Native plants will be used wherever possible for on-site vegetation and
. revegetation. Revegetation schemes that reestablish and maintain verticai
density with native species wili be employed wherever possible.
Response to Native Plant Ordinance, Title 20:
The Tentative Development Plan has been designed to minimize the
disturbance of the more highly vegetated areas. A native lant i
- will be pertormed to determine the number and location of otecte ventory
plants. The location of saguaros on the site has alread b en ma d native
necessary permits will be obtained p r
i o r t o any ground disturbing at vti sI!
~ T he Town's native plant permitting requirements will be adhered to.
; G• WILDLIFE
i
1• Habitat Distu~bance Mitigation and Continuity:
Yuma Mine Wash will be left .
vegetative and hydrologic integrity of~therClassV1
R parian Habitatn the
Lotting has been laid out in response to
proJect site. Lots ad~acent to the Yuma MinenWa h are desiyned tso
~ that properties will back onto the wash, allowing home construction to
occur on the front portion of these lots while the rear remains opens.
H• VIEWSHEDS
~ 1 • Offsite V'
iews and Vistas:
~ The proposed development will have little or
views and vistas from neighborin no impact on the
effect on adjacent p~ g properties. The development's
~ Mountains) wifl be m nimal. The prosj'ect sitea
iesnat a s' Tucson
lower elevation than surroundin imilar or
residential building height wi11 not exceed twenty five (25) e~etfamily
~
lna Silverbell Rezoning
48
Land Use Plan
; 2. Areas of High Visibility:
The impact of the areas of high visibility wi11 be mitigated throu h
vegetative screening techinques. These areas include portions of
land adjacent to both Silverbell Road and Ina Road.
~
~
~
~
~
~
lna Silvenbe!l Rezoning
49
~ Land Use Plan
TRAFFIC
1 • Access Points:
Access points for this project are shown on the preliminary
development plan.
• Neighborhood portion- Access is limited to one entry off of
Silverbell Road
• Commercial Corner- Access undetermined at this time
2. Off-site Road Improvements:
No off-site road improvements are anticipated as a result of this
project.
3. ADT Projections:
• Neighborhood portion- This project is expected to generate
approximately 410 total daily trips
• Commercial Corner- No traffic calculations can be
generated until specific users are identified.
4. Impact on Local Streets:
; The impact on existing local streets (Ina and Silverbell) wi11 be
minimal.
~
5• Bicycle and Pedestrian Pathways:
There are no bicycle or pedestrian ways on Silverbell Road or the
- ~ adjoining local roads.
- ~ 6. On-Site Rights-of Way:
_ On-site Rights-of way will be designed to Town of Marana
standards for subdivisions. This will include a minimum of 45 feet
1 of pavement with curbs. Final design will be subject to Town of
Marana approval based on traffic report information during the time
t of subdivision review.
1
~
~
~ Ina Silverbe/l Rezonin
9
50
Land Use Plan
PUBLIC UTILITIES
1. Sewer:
A capacity response letter from the Pima County Wastewater
Management Department has been included in this report (See
Exhibit II.J.1: Wastewater Letter). According to the wastewater
department, under existing conditions there is capacity for service
in the downstream sewerage system and in the existing 15-inch
diameter sewer line located in Old Cortaro Farms Road near
Silverbell Road.
2• Water
The project site lies within the Tucson Water Department District.
Tucson Water is designated by the State of Arizona Department of
Water Resources as having an assured water supply. The
approval of water meter applications is subject to the availability of
water service at the time an application is made. The developer
will is required to submit a water master plan. (See Exhibit II.K.1:
Water Service Letter).
3. Gas:
Southwest Gas services the project site area. The nearest gas line
is located south of the project site in Ina Road.
' 4. Electric:
i
Tucson Electric Power Company currently serves this area.
' ~ K• PUBLIC SERVICE IMPACTS
; ~ 1. Police:
P°~i~e service will be provided by the Marana Police Department.
~ The project site will consist of a
homes. The nearest police substat onr
is~ ocated a1 single-family
miles from the project site at Orange G~ove and Tho nydale. ateJy 2
~ 2. Fire:
~ The project site is located within the Northwest Fire District.
Station 34, 8165 N. Wade Road, is the nearest station. It is located
approximately one and a quarter mile northwest of the project site.
~
~ Ina Silverbel! Rezoning
51
1
' Land Use Plan
3. Sanitary Pick-up Service:
T~.~.
Waste Management will provide trash pick-up for the site on a
- subscription basis.
4. Schools:
The property is located within the boundaries of Marana Public
Schools. The following schools will provide school service for
project residents:
• Coyote Trail Elementary School
8000 N. Silverbell Road
Ph. 616-3800
• Tortolita Middle School
4101 W. Hardy Road
Ph. 579-4600
• Mountain View High School
3901 W. Linda Vista Boulevard
Ph. 579-4400
Projected Impact on Schools:
_
, ~ .sH: ~
. ~~w :
? Co ote Trail 83.0 ~ o *
870 95.34 /0 20.5
' Tortolita 1027 1200 93.43% 10.25*
Mountain View 1832 2000 94.05% 10.25*
~ `Projected increase is based on a fortnula from the Marana School Distrid of 1 child per single-family detached unit with 'r4
child in K-6, the other yb in 7-12, with no breakdown betvveen Junior High School and High School
` i 5. Parks:
)
The nearest parks are Ted Walker Park located approximately 1.5
~ mifes from the project site and Saguaro National Park West, located
approximately 1.75 miles from the project site. Due to the location of
the proposed regional park (northeast of project site), the project site
) will have minimal effects on this park.
~
L. RECREATION AND TRAILS
_ ~ 1. Recreation Areas Provided: ~
j Both the Yuma Wash and the unnamed wash running through the site
1 will be left in their natural state, providing a significant amount of open
space. These washes will continue to allow for pedestrian access and
~ will allow travel through the project site. Further, a twenty-five (25)
~ Ina Silverfiell Rezoning
52
~
' Land Use Plan
acre future regional park located northeast of the site will act as a
common recreation area to the proposed development.
2. Ownership of Open Space:
Any open space, common areas, and drainage facilities on the site wili
be owned and controlled by a homeowner's association.
3• Access to Offsite Public Trails:
The Yuma Mine Wash Primary Trail will remain in its natural stat
This trail will provide access to offsite trails. The trail easement may
be dedicated to the Town of Marana, Pima County, or the Home
Owners Association. This wilf be determined prior to approval of final
plats.
M• CULTURqL, ARCHAEOLOGICAL AND HISTORICAL
RESOURCES
,
1. Protection of Existing Resources:
; The Arizona State Museum indicates that there are three archeological
? sites on the subject pro ert .
' P Y Archaeological sites AZ Aq;12;311
(ASM), qZ qq:~2;305 (ASM) and a portion of AZ qq;~2;314 (ASM) are
~ located within the sub'ect
~ agreement be prepared priop to any archae log ~ ~e~yo~ o a burial
' disturbance on the r ground
associated objects on site'wi11 beereported o the Di
ector orf the and
pursuant to A.R.S. 41-865. Because there is a high degree of pot nfial
for the recovery of prehistoric or historic sites on this land, the Arizona
State Museum recommends that an archaeological surFace inspection
be conducted prior to any ground disturbing activities. In the event that
cultural remains are found, the archaeological contractor shall describe
the sites and evaluate their importance and make recommendations
regarding how to protect and preserve the information contained in
sites believed to be important. Since
Arizona State Museum to pertorm an archaeo og cat records check,
Old Pueblo Archaeological Center has devised an archaeolo ical
~ treatment plan for the affected site. g
2. Incorporation of Resources into the Development
N
ot applicable.
j 3• Measures to Protect/Recover ArchaeologicaVHisto '
Resources nc
~
~ lna Silverbe/I Rezon'
mg
53
~
Land Use Plan
~f human or cultural remains are found durin
development, work will stop immedia
Museum will be notified. 9 the course of
tely, and the Arizona State
_f
_1
~
~
lna Si/venbel/ Rezoning
54
~pW N OF
TOWN COUNCIL ~
MEETING TOWN OF MARANA q M R N;
INFORMATION
qR1ZONp
MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 4
TO: MAYOR AND COUNCIL
FROM: Dick Gear, Economic Development Directar
SUBJECT: Ordinance No. 2005.04: Relating to Annexations; annexing into
the corporate limits that territory known as the Saguaro Springs
West Annexation comprising approximately twenty-two (22) acres
of land on the north side of Twin Peaks Road and immediately
west of the Saguaro Springs development.
DISCUSSION
This annexation comprises approximately 22 acres of land on the north side of Twin Peaks Road
west of the Saguaro Springs development. The annexation area is within portions of Section 13,
Township 12 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. The
Town Council conducted a public hearing for this annexation on January 4, 2005, 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 22 acres are zoned Pima County
RH (Rural Homestead) and will translate into the Town of Marana zoning of RD-180.
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, there is a 30-day waiting period after the original blank petition is recorded before
notification is mailed. The blank petition was recorded on December 6, 2004, and the
annexation petition was mailed on January 6, 2005. The Council can now approve the ordinance
annexing the area into the Town of Marana.
ATTACHMENT(S)
Exhibits A and B, and locator map.
RECOMMENDATION
Staff recommends approval of this annexation.
SUGGESTED MOTION
I move to approve Ordinance No. 2005.04.
MARANA ORDINANCE NO. 2005.04
RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE
TOWN OF MARANA THAT TERRITORY KNOWN AS THE SAGUARO SPRINGS WEST
ANNEXATION COMPRISING APPROXIMATELY TWENTY-TWO (22) ACRES OF LAND
ON THE NORTH SIDE OF TWIN PEAKS ROAD AND IMMEDIATELY WEST OF THE
SAGUARO SPRINGS DEVELOPMENT.
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 22 acres; and
WHEREAS, the Saguaro Springs West Annexation is an area within portions of Section 13,
Township 12 South, Range 11 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 RH (Rural 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 RD-180 zone in the Town of Marana's Land Development Code, and
WHEREAS, the provisions ofA.R.S. § 9-471, and all amendments thereto, have been fully
observed;and
Marana Ordinance No. 2005.xx.
--Page 1 of 2--
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:
1. The territory known as the Saguaro Springs West Annexation is annexed into the
Town of Marana and that the present corporate limits are extended and increased to
include the described area.
2. 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.
3. The zoning classification of "Pima County Zone RH (Rural Homestead) within the
annexed area is hereby changed to "Town of Marana Zone RD-180".
4. 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 Saguaro Springs West Annexation area.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
15th day of February, 2005.
ATTEST: Mayor Bobby Sutton, Jr.
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2005.xx.
--Page 2 of 2--
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tOWN OF
TOWN COUNCIL ° "'~~'~'~a;
TOWN OF MARANA '
MEETING 9 MAR NA ~
INFORMATION qR1ZONP
MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 5
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Ordinance No. 2005.07: Relating to Development; amending the
CALMAT Specific Plan to allow for the continued use of plant
site/storage authorized by No. Ordinance 96.49 until May 14,
2005; and declaring an emergency.
DISCUSSION
On September 15, 1987, the Town of Marana approved the CALMAT Specific Plan which des-
ignated the location of the plant site for the processing of aggregate and production of concrete to
be located in the extreme southeastern portion of the Specific Plan area, abutting the Arizona
Portland Cement plant site.
On December 17, 1996, the Mayor and Council approved an amendment to the CALMAT Spe-
cific Plan which temporarily relocated the plant site to a more central portion of the Specific Plan
area, principally to avoid the threat of the Santa Cruz River. The permission to use this plant site
was to terminate within seven years or upon the initiation of Phase 2 of the project.
By Ordinance No. 2003.31 adopted December 16, 2003, Mayor and Council approved a time
extension far the CALMAT Specific Plan to June 16, 2004.
The Planning Center, representing CEMEX (the current owner of the CALMAT property) has
now requested a further extension of time to ensure enough time to finish their new proposed
CEMEX Specific Plan amendment process which will address transportation, flood control and
recreation issues in the plan.
RECOMMENDATION
Staff recommends adoption of Ordinance No. 2005.07, approving an extension of time to
May 14, 2005.
ATTACHMENT
Ordinance No. 2005.07.
SUGGESTED MOTION
I move to adopt Ordinance No. 2005.07.
~ooooosi~.ooci~ FJGcds 2/9/OS
MARANA ORDINANCE NO. 2005.07
RELATING TO DEVELOPMENT; AMENDING THE CALMAT SPECIFIC PLAN TO
ALLOW FOR THE CONTINUED USE OF PLANT SITE/STORAGE AUTHORIZED BY
ORDINANCE NO. 96.49 UNTIL MAY 14, 2005; AND DECLARING AN EMERGENCY.
WHEREAS, the Mayor and Council of the Town of Marana authorized a temporary
plant site/storage location on land contained within the CALMAT Specific Plan pursuant to Or-
dinance No. 96.49, which was to expire after seven years; and
WHEREAS, the owner of the properties contained within the CALMAT Specific Plan
wishes to continue the plant site/storage use beyond the expiration of this authorized use; and
WHEREAS, the owner of the properties contained within the CALMAT Specific Plan
recently acquired lands contained within the plan area; and
WHEREAS, the Town and the property owner both wish to make comprehensive
amendments to the CALMAT Specific Plan, which this extension will accommodate.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the amendment of the CALMAT Specific Plan is hereby adopted,
modifying Condition No. 2 of Ordinanc~ No. 96.49 to permit the plant site/storage authorized for
seven years to be extended in authorization until May 14, 2005.
BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the
peace, health and safety of the Town of Marana that this ordinance become immediately effec-
tive, an emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th day of February, 2005.
Mayor Bobby Sutton, Jr.
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
{00ooo52s.DOC FJC/cds 2/0/OS
1pWN OF
TOWN COUNCIL '
MEETING TOWN OF MARANA 9 MARAN
INFORMATION
qRiZON~'
MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 6
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, Planning Director
SUBJECT: Resolution No. 2005-16: Relating to Subdivisions; approving a
Preliminary Plat for Continental Ranch Parcel 39.
DISCUSSION
The Marana Planning Commission heard this item at its regular meeting of January 26, 2005,
and voted 6-0 recommending approval to the Mayor and Council.
Pulte Homes is requesting preliminary plat approval of a 51-lot single family detached home
subdivision on approximately 10 acres within the Continental Ranch area. The proposed
subdivision will be located within Parcel 39 of the Continental Ranch Specific Plan, which is
east of Coachline Boulevard and approximately '/2 mile north of Twin Peaks Road, within
Section 16, Township 12 South, and Range 12 East.
The land use designation for Parcel 39 is School (S) per the Continental Ranch Specific Plan.
Under section V.C.10 of the Continental Ranch Specific Plan, "If any of the seven designated
school site parcels revert back to American Continental ownership, their successors and/or
assigns, those properties will be zoned at the lowest residential density of adjacent parcels". The
lowest residential density of the adjacent parcels is MD, 3-6 residences per acre; therefore, this
project will be developed at the Medium Density Residential (MD) standards.
The Continental Ranch land use designation Medium Density requires a minimum lot size of
4,500 square feet. The minimum lot size of this proposed subdivision is 5,175 square feet, and
the average lot size is 5,973 square feet. Twenty-six of the lots within this subdivision are
greater than 6,000 square feet. The lot sizes within this subdivision are consistent with the
surrounding established subdivisions, and staff finds the proposed lot sizes appropriate.
Parcel 39 requires a minimum of 9,435 square feet of improved recreation area. The park is
located between lots 47 and 48. There will be a wrought iron fence and gate installed at the rear
of the park to limit the movements into the main detention area, but provide the needed access
for the HOA maintenance. Lots 47 and 48 will have a masonry wall constructed along the rear
half of the house and wrought iron fencing along the remaining distance of the front of the house
to the sidewalk. This will allow the adjacent property owners to have separation from the park
while still maintaining a good visual of the area. The amenities will be approved by the Parks
and Recreation Department prior to the landscape plan being approved.
Pulte Homes will be required to pay the established off-site park and recreation fees at the time
of building permit issuance.
PRV-04081 Continental Ranch Parcel 39 PP TC 021505.doc
This project is located within the Marana South Transportation Benefit Area and will be subject
to the established impact fee.
ATTACHMENTS
Application, Planning Commission Report and locator map.
RECOMMENDATION
Staff recommends adoption of Resolution No. 2005-16, approving a Preliminary Plat for
Continental Ranch Parcel 39. Staff has reviewed the application for compliance with the
Continental Ranch Specific Plan adopted April 5, 1988 (Ordinance 88.09) as amended, the
Marana Land Development Code and the Marana General Plan. This Preliminary Plat is in
conformance with all required development regulations.
SUGGESTED MOTION
I move to approve Resolution No. 2005-16.
-2-
PRV-04081 Continental Ranch Parcel 39 PP TC 021505.doc
MARANA RESOLUTION NO. 2005-16
RELATING TO SUBDIVISIONS; APPROVING A PRELIMINARY PLAT FOR
CONTINENTAL RANCH PARCEL 39.
WHEREAS, Pulte Homes, the owner of Continental Ranch Parcel 39, has applied for
approval of a Preliminary Plat for 51 single-family residential subdivision on 10 acres, including
lots 1 through 51, and Common Area "A", and is generally located east of Coachline Boulevard
and approximately one-half mile north of Twin Peaks Road, within Section 16, Township 12
South, and Range 12 East; and
WHEREAS, the Town of Marana approved and adopted the specific plan for the area
known as Continental Ranch on April 5, 1988 (Ordinance 88.09), located within the corporate
boundaries of the Town of Marana, Arizona; and
WHEREAS, the Town Council, at their regular meeting on February 15, 2005 has
determined that the Continental Ranch Parce139 Preliminary Plat should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that Continental Ranch Parcel 39 Preliminary Plat, a 51-lot single-family
residential subdivision within the Continental Ranch Specific Plan and generally located east of
Coachline Boulevard and approximately one-half mile north of Twin Peaks Road, within Section
16, Township 12 South, and Range 12 East is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 15th day of February 2005.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy as
Town Attorney
Marana Resolution No. 2005-16
~pWN O~
TOWN OF MARANA
9~.,. . ~ Planning and Zoning Department
3696 W. Orange Grove Road ? Tucson, A"L 85741
(520) 2.97-2920 Fa~:: (520) 297-3930
qafZONP
PLANNING & ZONING APPLICATION
x~ ~
, ,~1«~~~E:: A~!~'~.,I~"~'tU,~' ~heRlrt;(3u~ ~
~i Prel~minary Piat Cr Generai Plan Amendment ~ ~l ~
? Final Plat ? Specific Plan Arnendment ~~~~ce
? Development Plan ? Rezone a Conditional Use Permit
0 Landscape Plan ? Significant Land Use Change a Other
Cj Nativc Plant Pcrmit
' ~
_ ~ :~,...:~F~~'
~?i,: ~`AT~l.:"I.2 ' ~TRE,I) ; ~ ~ ` ~ ~ , , <
Assessor's Parcel ~ . ~ ..,a~ ~ ~ ~ ,
Number s 226-Q7-005Q General P1anDesignation rv~ ~
Gross Area (Acre/Sq. Ft.) CTo be confirmed by staf~
/D acres (y3s, 600 .q s~~ Current Zoning
Development/ (To be confirmed sta MD
Project Nanie Continental Ranch, Block 39 proposed Zoning
Project Location rID
T-12-S, R-12-E, Sec 16
Description of Project
Single Family Detached Homes
Property Owner
• Del Webb Home Construction Inc.
Street Address
6001 N. 24th Street ~'n' s~ate
~ ' ' z, Code Phoenix AZ
~ ' S . P Phone Number Fax Number
. .
~ 85016 602-808-8000 ~-Mail Address
Contact Person
Dion Phillips PhoneNumber
Applicant 602-808-8000
Pulte Home Corporation
Street Address
6893 N. Oracle Raad ~'~Y srate
~ Suite 121 Tucson
' = ~ , x ; !ip Ccxie Yhone Number L~Z
£ , 8S 704 fax Number E-Mail Address
' " f520)229-6000 (520)229-6001
Gontact Person
Paula Meade PhoneNumbcr
AgentlRepresentative ~52~ ) 229-6000
MMLA, Inc.
Street Address
800 E. Wetmore Road, C'~'
~ Suite 110 Tucson scac~
' Zip Ccxie Phone Number Tax Number AZ
' ~ ~ ~ ~F 85719 (520 ) 292-2300 E-Mail Address
~ • ~ (520)292-1290
Contact Person pdavis@mmla. com
Pattie Davis M~anaBusinessLicenseNa.
~
~ ~ ~ s~,~,~.~~' ~ _ ~ ~ ~ ~ ,
~ ~ ~ ~
K ~
I, the undersigned, cernfy that all of the facts set forth in th~s applicarion are true to the best of my knowledge and that I am either~the
owner of the property or that t have been authonzed in wnhn b the ow~ner to file this applicahon. (If not owner of record, attach
written orization from the owner.)
~ ~
Print Name of A licandA ent Z D
Si ature D e
FOR OFFICE USE ONLY
~ Case No. ~ ~ 7 ~
p Date Received 9 ~ _ / O ~
C~tW No. v~~Q~=D02 R~~eived Bv Receipt No. ~
' Fee Amount
nv;~zvz
.u.W
. .
.
AGENDA ITEM NUMBER: VIII,C.1
~
PLANNING COMMISSION
January 26, 2005
CASE No.: PRV-04081 CASE NAME; Continental Ranch Parce139 Preliminary Plat
Owner's Name: Pulte Home Co oration
Re resentative's Name: MMLA, Inc, Contact: Pattie Davis
Re resentative's Address: 800 E. Wetmore, Suite 110, Tucson, AZ 85719
Location of Request: Located east of Coachline Boulevard, approximately %2 mile north of Twin
Peaks Road.
Nature of Request: An application for Preliminary Plat review and approval for a 51-1
famil detached home subdivision. ot smgle
Site. Size: A roximatel 10 acres
Zone District: Parce139 is designated as School S
Plan, but is being developed as Medium Density Re iden alnMDpecific
RAC as allowed within the S eci~c Plan. ~ )(3 6
Existin Use: Vacant
Pro osed Use: 51-lot sin le famil detached home subdivision - site built homes
~ Re ort Date: Janua 18, 2005
Pro'ect Planner: Lisa Shafer, Planner II
SUMMARY OF APPLICATION
T'his item was heard by the Planning Commission on December 15, 2004 where they voted unanimousl
to continue the item in order for the applicant to address the Commission's concerns. y
The applicant is requesting preliminary plat approval of a 51-lot single family detached home subdivision
on approximately 10 acres within the Continental Ranch area. The proposed subdivision will be located
within Parcel 39 of the Continental Ranch Specific Plan, which is east of Coachline Boulevard and
approximately %2 mile north of Twin Peaks Road, within Section 16, Township 12South, and Ran e
12East. g
The land use designation for Parcel 39 is School S
section V.C.10 of the Continental Ranch Specific P an, pIf an e of the seven d
Snch Specific Plan. Under
revert back to American Continental ownership, their succes ors and/or assigns,~tho e p operties w~ill be
zoned at the lowest residential density of ad
jacen t p a r
c e l s". ' T he lowest residential density of the
a djacent parcels is MD, 3-6 residents per acre; therefore, this project will be developed at the Medium
Density Residential (MD) standards.
The Continental Ranch land use designation Medium Density requires a minimum lot size of 4,500
square feet. The minimum lot size of this proposed subdivision was increased from 5,040 square feet to
5,175 square feet, and the average lot size increased from 5,726 square feet to 5,973 square feet
subsequent to the December Planning Commission. Twenty-six of the lots within this subdivision are
~ greater than 6,000 square feet. The lot sizes within this subdivision are consistent with the surrounding
established subdivisions, and staff finds the proposed lot sizes appropriate. ,
PAGE 1 OF 3
~ This project will have two accesses off of Coachline Blvd. and one interior
subdivisions to the east by way of Long Creek Drive, ~ connection to the
~'ay, with 32 feet of pavement. T~e ical street section is 46 foot wide right-of-
The on-site park and recreation requirement is a minimum 185 square feet of improved recreation a
per lot with in the subdivision. Parcel 39 requires a minimum of 9,435 square feet of im rove
recreation area. In order to address a concern of the Planning Commission, the applicant has ta rea
park site out of the large detention common area and created an area between lots 47 a p d
the park will be from the street and a wrought iron fence with gate will be instal ken the
nd 48. Access for
led at the rear of the park
to limit the movements into the main detention area, but provide the needed access for the H
maintenance. Lots 47 and 4g v~,ill have a masonry wall constructed along the rear half of the house OA
wrought iron fencing along the remaining distance of the front of the house to the sidewalk. This wi 1
allow the adjacent properiy owners to have separation from the park v~,hile still maintainin a ood ~
of the area. The amenities will be approved by the Parks and Recreation Department rior o Sual
landscape plan being approved. P the
Pulte Homes will be required to pay the established off-site park and recreation fees at the tim
building permit issuance. e of
Staff has reviewed the request against the requirements of the underlying specific plan. All M'
Density (MD) residential development regulations and desi edium
to with the preliminary plat. ~~idelines of the specific plan are adhered
This project is located within the Marana South Transportation Benefit Area and will be sub'ect
established impact fee. ~ to the
,r..~,
RECOMMENDED FINDINGS OF FACT
1• The property is currently designated MD, Medium Density Residential. The pro osed den '
allowable under this designation. T'his project is in compliance with all other development standar is
of the Specific Plan related to the MD classification. ds
2• This proposal is consistent with the purpose and intent of the Town of Marana General Plan
more detailed Continental Ranch Specific Plan. and the
3• T'he subject site is an infill project in an established residential development of Continental
This proposal does not appear to be detrimental to the immediate area and to the general h al h
safety, and welfare of the inhabitants of t
h e a
r e a a
n d t
h e T o w
n o f Marana. t
h,
Staff Recommendation:
APPROVAL
CASE ANALYSIS
RE VIE W CRITERIA
1• Abili to com 1 with Develo ment Re lations i.e. Water Sanitation access De
Parcel etc.: The current land use designation for the ro e velo able
, Medium Density
Residential. Adequate area exists for this development on thisrsites ~ development is in
e~ compliance with the requirements of all agencies, excepting minor technical revisions.
PAGE 2 OF 3
-----~--W-.~,.~...W._._ _
2• Abilitv to comply with reQUirements of the Zoning ReQUlations i e Lot size FrontaQe Setbacks
etc This proposal complies with all the requirements of the Continental Ranch Specific Plan for
uses in the MD land use classification.
3. Is consistent with the u ose of the Zonin Re lations and with the intent of the General Plan:
This proposal is consistent with the purpose and intent of the Town of Marana General Plan.
4• Com atible with the surroundin area harmonious with character of the nei hborhood not
detrimental to the immediate area or the develo ment of the area and not detrimental to the
health, safety or welfare of the inhabitants of the area and the Town of Marana: The subject
property is an mfill pro~ect withm an established residential community and is consistent with
existing development adjacent to the site and in the surrounding neighborhood area. This
proposal does not appear to be detrimental to the immediate area and to the general health,
safety, and welfare of the inhabitants of the area and the Town of Marana.
Suggested Motion:
I move to approve Case No. PRV-04081, the Preliminary Plat for Continental Ranch Parcel 39.
~
PAGE 3 OF 3
' Continental R
-
- anch
a-
Parcel 39
~A .
RA .
NA
Prelim~na PI
ry at
TOWN OF MARANA CASE NO. PRV_OQ~081
~
~
0
Subject ~
Property ~
?
~ ?
~
~
~ ~
~
~
~
~
~
- Elemen(ary ~ . N
T""" P~ 500 0 500 1000 Feet
~ A
Data Disclainer
Safeway ,
. The Town of Marona provitles this map informatlon "qs Is•• at pie ~eQUe~ o~
the user wRry ry~e undentand~nQ tryn it is not yuaranteed ta be accurate,
co~ect or eomplete and condusions drawn from yueh IMormrtion are trye
responsibfliry oftMe wer.
~ In no event shall The Town of Manna beeome liable to us
~ or any other partY, for any loas or diroct, indinet, spselal, ine errtal o data,
~unsequendal damages, includin8 but not limited to dme, money or
8oodwill, ar{$~~9 ryom the uae or modi/icaNOn of the data.
REQUEST
w equest for Preliminary Plat a rov
d e t a c h e d h o m e su b division o p p a~ o f a 5 1- l o t s i n g l e fami ly
l o c a t e d wi t hin Parcel 39 of t n a p p r
o x i m a t e l y 1 0 acres,
he Continental Ranch Specific P
lan.
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TOWN COUNCIL ~
MEETING TOWN OF MARANA q`MpRAN ;
INFORMATION qR1ZONP
MEETING DATE: February 15, 2005 AGENDA ITEM: IX. B. 7
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: Update: Pending Water Issues
DISCUSSION
This item will be scheduled periodically to enable staff to update the Council on water issues
pending at either the federal, state, regional or local level that may affect the delivery of water
services to residences and businesses.
RECOMMENDATION
Information.
SUGGESTED MOTION
Information.
JCB/02/08/2005/4:45 PM
1pW N OF
TOWN COUNCIL ~~~~tl~'~'~~~r
MEETING TOWN OF MARANA q"MAR N;
INFORMATION qR1ZONp
MEETING DATE: February 1, 2005 AGENDA ITEM: IX. B. 8
TO: MAYOR AND COUNCIL
FROM: Michael A. Reuwsaat, Town Manager
SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all
pending bills before the Legislature
DISCUSSION
This item is scheduled for each regular council Meeting in order to provide an opportunity to
discuss any legislative item that might arise during the current session of the State Legislature.
Periodically, an oral report may be given to supplement the Legislative Bulletins.
ATTACHMENTS
Legislative Bulletins, Issues 3 and 4.
RECOMMENDATION
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative issues.
SUGGESTED MOTION
Mayor and Council's pleasure.
JCB/02/09/2005/10:25 AM
~ C~
LEGISLaTIVE BULL.ETIN
r"- ,r,,,~
Issue No. 3 January 27, 2005
, •
.
~ , .
i ~ ,
IN TNIS ISSUE Senate Finance Wants to Cut
Your Cable Fees
Senate Finance Wants to S. 1229. Cable License Fees
Cut Your Cable Fees 1
In a classic case of "who knows best", the Senate Finance Committee this morning on a vote
of 6- 3 decided that the State should be in charge of deciding your cable license fee. Right
A Few Tax Incentive now that fee is negotiated out with the cable company and the city or town under guidelines
Preemption Bills Too established in federal law. But at least in the opinion of the Senate Finance Committee you
Many 2 are charging the cable companies too much so they need to step in and defend them.
This action by Senate Finance is really unprecedented. We pointed out that this was not their
Bad Bill Recycling 2 money to give away and the negative impact on city and town budgets. But most of all we
argued that they should not be making this decision; it should be made at the local level.
An Old Favorite Returns In one of those ironic twists, in an adjoining committee hearing room the debate over local
Again 2 development incentives was going on at the same time as Senate Finance was debating this
bill. Senator Ken Cheuvront, the sponsor of the anti-tax incentives bill, criticized cities and
towns for "giving away" money, but came back to Senate Finance and voted to "give away"
local revenues to cable companies. We are sure the inconsistency did not occur to him. He
was joined in this inconsistency by Senator Bob Burns who basically said that if cities have
enough money to give tax incentives and build stadiums that you should not miss this cable
revenue. Senator Jack Harper chose this bill to complain about an appropriation of $120,000
which he said one of his cities allocated to non-profit groups.
The Chairman, who is also the sponsor of the bill, believes there is an inequity between cable
providers, other telecommunication companies and satellite systems. We tried to get across
the concept that such inequity if there is one should be part of the negotiations between
cable companies and the city or town where they are doing business, not the State
Legislature. The majority of the Committee did not agree with us and voted for this cable
break.
The vote breakdown is as follows: Voting yes and against local control over cable contracts
were: Senators Dean Martin, Bob Burns, Ken Cheuvront, Ron Gould, Jack Harper and Karen
Johnson. Voting against the bill and in favor of retaining this authority at the local level were:
Senators Jorge Garcia, Gabrielle Giffords and Jay Tibshraeny.
The bill will affect your fee once your current contract expires; if you just signed a new 15
year agreement you lucked out, at least for now. The bill limits your fee to one percent plus
the same percentage as your local sales tax on tangible personal property. To see how the bill
Leaguc o[,lrizt7na Would change how you deal with cable companies, you may want to review the bill. Here is
~r+1"'~~ the link: http://www.azleg.state.az.us/legtext/471eg/1 r/bills/sb1229p%2Epdf.
Citles:~~:~>Towns
Legis[ativeBulletin ispublishedbythe We still have another chance to stop this bill in a Senate Committee. Its next stop is the
Leagueoen~w~ac~~~esanaToW~s. Commerce and Economic Development Committee. The members of that Committee are:
Forward your comments or suggestions to:
Senators Carolyn Allen, Robert Blendu, Ken Cheuvront, Gabrielle Giffords, Barbara Leff,
LeagueofArizonaCities&Towns Richard Miranda, Jay Tibshraeny and Jim Waring. Senator Leff is the chair.
1820 West Washington Stree[
Phoenix, Arizona 85007
Phone: 602-258-5786 We hope that you will take the time to calculate just how much this bill will cost your city or
Fax: 602-253-3874
Email: league@mg.state.az.us town and communicate that information to your Senators and the members of the
Internet: www.azleague.org Commerce and Economic Development Committee.
A Few Tax Incentive Bad Bill Recycling
Preemption Bills Too Many The Senate Finance Committee passed SCR 1010, Enabling
Local Taxes; Supermajority Vote, which would place a
This week saw a flood of activity on the effort to preempt local measure on the 2006 ballot to amend the Arizona
governments from offering tax incentives to attract businesses. Constitution to require legislative approval by a supermajority
Today, the Senate Government Committee passed one of the for any legislative act that allows a city, town or other local
worst tax incentives bills this year, but held another. The government to impose a tax or increase tax revenue. SCR
Committee passed SB 1201, which is similar to legislation 1010 may ring a bell because the same bill was also
offered in the past two years and would deduct the amount of introduced last year. Senator Dean Martin introduced this bill
a tax incentive offered by a city or town from that again this year after it failed on the Senate floor last session by
municipality's state shared revenue. a vote of 12-17.
Despite lobbying and testimony from the Senators' local cities While there would be few instances where this bill would
and towns, as well as from businesses, SB 1201 passed by a actually impact cities and towns, it should be opposed
vote of 4-3 with Senators Bill Brotherton, Barbara Leff, Linda because it needlessly interferes with local governments. The
Gray and Jim Waring voting "yes." A big thank you to bill would make it much more difficult to get "permission"
Senators Jake Flake, Albert Hale and Harry Mitchell for voting from the Legislature to put tax issues to a local vote such as
"no." Special thanks to Senator Flake for recognizing the the Maricopa and Pima county transportation sales tax
importance of local control and stating that this is a matter questions. It passed today in the Senate Finance Committee
best left up to cities and towns to resolve and to Senator Harry unanimously. The bill moves next to Senate Rules and then to
Mitchell for his strong support and great arguments on the floor debate, so please make sure to call your senators and
issue. express opposition.
Fortunately, SB 1200, which requires a city or town to give
the same tax incentive that it gave to attract a new retail
business to any other existing business within five miles was An Old Favorite Retu rns
held due to a large number of unanswered questions on the
feasibility of enacting the legislation. Agal n
SB 1201 goes next to the Senate Finance Committee, of
which Senator Ken Cheuvront, the bill's sponsor is a member. On Tuesday, the House Counties, Municipalities & Military
In addition, Finance Committee Chair and Vice Chair, Dean Affairs Committee passed HB 2351, Municipal Ballot
Martin and Jack Harper have both signed on to the bill as co- Measures; Signatures. For those of you who have been
sponsors. following the Legislature for the past few years, this bill may
sound familiar, as it is similar to the referendum signatures
There were also two more tax incentives bills introduced this bills in the past. While it is not a League resolution this year,
week in the Senate by Senator Jay Tibshraeny. SB 1287 the town of Marana is pursuing the reform and we are
prevents a city or town from adopting a tax incentive as an supportive of their efforts.
emergency measure and requires a 30-day waiting period
prior to enactment. He also introduced SB 1274, which This year's legislation would apply to municipalities under
requires a municipality to make a finding prior to adopting the 50,000 and changes the requirement for signatures to place a
tax incentive that the incentive will raise more money than the referendum on the ballot from 10% of the citizens who voted
amount of the incentive and that without the incentive, the in the last city or town election to 10% of the city or town
business would not have located in that city or town. residents that voted in the last gubernatorial or presidential
election. The bill passed the House Counties, Municipalities
As with Senator Cheuvront's bills, it also appears that there is & Military Affairs Committee by a vote of 9-1 with
momentum with Senator Tibshraeny's bills. SB 1287 has Representative Tom Prezelski casting the lone "no" vote.
been assigned to the Senate Government Committee and SB Thanks to Committee chair, John Nelson, for sponsoring this
1274 is assigned to the Senate Government and Finance bill and for his support on this issue. We also want to thank
Committees. newcomer, Representative Jonathan Paton for his very
insightful comments on the impacts of the bill and the
Please continue to express your opposition to your local questions he directed towards those who testified against the
senators and representatives. With all of the attention this bill. The bill moves next to the House )udiciary Committee.
issue has garnered lately, it is especially important for
legislators to hear about the importance of tax incentives to
your community.
LEGISLATIVE BULLETIN January 27, 2005 PAGE 2
IEGISIaTIVE BUI~ETIN
s
Issue No. 4 February 3, 2005
~
~`-Ir---~'
IN THIS ISSUE Cable Bill Skips Second Committee
Thank you to each of you who made calls, sent e-mails or otherwise contacted the members
Cable Bill Skips Second of the Senate Commerce and Economic Development Committee to express your opposition
to S. 1229, the bill which gives the cable companies an unprecedented tax break. We had
Committee ............1
the votes to defeat the bill in Committee according to our count, but the bill was held
yesterday morning and then later in the day removed from the Committee. This means the
Tax Incentives Bills Continue bill now goes directly to the floor of the Senate.
to Move 1 we will need everyone to call their State Senator to express opposition to this bill. As we
outlined in last week's Legislative Bulletin, the bill will affect your cable license fee once your
current contract expires; if you just signed a new 15 year agreement you lucked out, at least
Tow Bad Bills Going to the for now. The bill limits your fee to one percent plus the same percentage as your local sales
Floor 2 tax on tangible personal property. Since most of you have a 5% license fee, that is at least a
50% reduction in the amount of fees you will collect. The State has never been involved in
the setting of fees; Federal law is what governs the terms of your agreements. So now, the
Photo Radar Bills it a Red State wants to step in the middle and place additional and very expensive limitations on what
Light . . . . . . . . . . . . . . . . . 2 you can negotiate with your local cable provider.
The cable industry is working this bill hard and to defeat it we will need each of you to help.
Homeland Security In addition to this Senate bill, there is a companion House bill which may indicate they are
Update 2 hoping to fast track the legislation. For now, please call your Senator as soon as possible so
that he or she knows that you cannot afford to lose this revenue and that the State ought to
stay out of the cable-local government relationship.
New Bill Introduced on the
NET ..................3
Tax Incentives Bills Continue to Move
Get Your Bulletin Quicker
and Save Trees 3 The Senate Government Committee again this week considered two more bills relating to tax
incentives, bringing the total number of local government tax incentive preemptions the
Committee has debated up to four in just two weeks. The two bills passed this week were
If You are Having Problems sponsored by Senator Jay Tibshraeny. SB 1287 prevents a city or town from adopting a tax
Receiving your Bulletin via incentive as an emergency measure, requiring a 30-day waiting period prior to enactment.
Email 3 He also introduced SB 1274, which requires a municipality to make a finding prior to
adopting the tax incentive that the incentive will raise more money than the amount of the
incentive and that without the incentive, the business would not have located in that city or
town.
The emergency measure prohibition bill passed the Committee by a vote of 5-1 with Senator
Jake Flake casting the lone "no" vote. We are grateful for his support on the issue. SB 1274
Lea~,uc of ;1ri~<~ita passed the Committee unopposed with Senators Bill Brotherton, Jake Flake, Albert Hale,
~~~11 Barbara Leff, Committee Vice Chair Linda Gray and Committee Chair Jim Waring voting
"yes."
Cities ,.~,~~~To~vns
All four tax incentive bills are now expected to be heard in the Senate Finance Committee.
Legis[ativeBulletin ispublishedbythe In addition to the bills passed by Senate Government today, the two bills from last week's
~eag~eorn~~ZOnac~c~e5 a~aToW~s. Senate Government Committee hearing could also be up. They are SB 1201 which is similar
Forward your commen[s or sugges[ions to: ~
to legislation offered in the past two years and would deduct the amount of a tax incentive
LeagueofArizonaCities&Towns offered by a city or town from that municipality's state shared revenue and SB 1200, which
1820 West Washing[on Street
Phoenix, Arizona 85007 requires a city or town to give the same tax incentive that it gave to attract a new retail
Phone: 602-258-5786 business to any other existing business within five miles. Although 5B 1200 was held in the
Fax: 602-253-3874
Email: league@mg.state.az.us Committee last week due to a large number of unanswered questions on the feasibility of
Intemet: www.azleague.org enacting the legislation, Senate rules allow the bill to be heard in the second committee, even
if it hasn't yet passed the first.
- continued -
The bills have gained a lot of attention and momentum and Photo Radar Bills H it a
there is a strong chance that they will be considered next
week in Senate Finance. Please continue to express your Red ~ight
opposition to your local senators, especially if they are on
the Senate Finance Committee. The membership of that This week two pieces of legislation that would limit cities
Committee is as follows: and towns ability to use photo radar were both held in their
Senator Dean Martin - Committee Chair respective committees due to a lack of votes needed to pass
the committees. The first bill is SB 1164, Photo Radar;
Senator Jack Harper - Committee Vice Chair Freeways, which prevents the State or a local government
Senator Bob Burns from using photo radar on freeways. Currently, this bill
Senator Ken Cheuvront would stop a proposed pilot project between Scottsdale and
Senator Jorge Garcia the Department of P~blic Safety on the Loop 101 Freeway,
Senator Gabrielle Giffords however, this bill is also troubling due to the fact that it
Senator Ron Gould would limit any future efforts from cities and towns on this
Senator Karen Johnson subject. SB 1164 was scheduled to be heard in the Senate
Senator Jay Tibshraeny Transportation Committee on Tuesday, but the bill's sponsor
and Committee Chair, Senator Thayer Verschoor opted to
hold the bill.
~ ~ The other bill that was held this week is HB 2119, Speeding;
Two Bad B~IIs Going to Photo Radar. This bill would allow a person with a photo
radar violation for speeding to pay the ticket within three
the Floor weeks and not have any points deducted or insurance
company notification. HB 2119 has big impacts on public
In addition to the cable fees bill, two more bad pieces of safety, as the fine is only one aspect of deterrence and the
legislation will also be debated on the Senate floor shortly. MVD points and insurance company notification are also
If you haven't already, please take the chance and let your critical pieces of the equation. The bill also places a cap on
senators know how you fee) about each of these bills. how much a city or town can charge for a photo radar ticket
or red light camera. Right now, that amount is left blank
SCR 1010, which was reported in last week's Bulletin, within the bill, but there are big concerns that a cap that is
would place a measure on the 2006 ballot to amend the too low could cause a fiscal impact on cities and towns. We
Arizona Constitution to require legislative approval by a have heard that an amount as low as $50 has been
supermajority for any legislative act that allows a city, town considered. The House Transportation Committee has had
or other local government to impose a tax or increase tax this bill on their agenda for the past couple weeks, but there
revenue. The bill would make it much more difficult to get is strong opposition from Committee members and it
"permission" from the Legislature to put tax issues to a local appears to lack the votes need to pass.
vote such as the Maricopa and Pima county transportation We have no doubts that the sponsors are working hard to
sales tax questions. garner support for these bills and have already heard that at
The other bill that will be heard on the Senate floor soon is a minimum, HB 2119 will be on the House Transportation
SB 1038, Defensive Driving School; Eligibility. This Committee agenda for next week. Please make sure to let
legislation would allow a person who has received a civil your legislators know about the benefits that photo radar has
traffic violation who goes to court to fight the ticket to be had on your community.
able to attend defensive driving school, even if the court
finds them guilty. Cities and towns have expressed concerns .
about the impacts that this bill would cause on their courts if Homeland Secu rity U pdate
more people decide to fight the ticket, knowing that they
can still attend driving school if they are not successful in The Senate Government Committee heard a presentation
court. Additionally, police departments may be affected if from the Director of Homeland Security for Arizona, Mr.
city and town police officers need to appear more often in Frank Navarette. Mr. Navarette's spoke about the
court on civil traffic citations. If your city or town shares Department's efforts to regionalize the state with regards to
these concerns, please make sure to call your senator and let preparedness for any crisis. Each of the state's five regions
him or her know about the impacts this bill may have. (North, West, East, South and Central) is equipped to
mobilize response units to anywhere within their region
Both bills were in the Senate caucuses this week, which should the need arise. Mr. Navarette explained that each
means they are able to be debated on the Senate floor at region has a council that allocates the funding they receive
any point. After Senate floor debate, they will be formally and that the ten member councils are comprised of
voted on and if they pass, will be transmitted to the House. members of municipal fire and police departments as well
as other local officials, among others.
- continued -
LEGISLATIVE BULLETIN February 3, 2005 PAGE 2
In fiscal year 2004, the U.S. Department of Homeland Get Your Bulletin Quicker
Security allocated $53 million to the Arizona Department of
Homeland Security, but in fiscal year 2005 there was a 35% and Save Trees
decrease in funding received. Mr. Navarette reported that
first responders are a top priority and are being supplied
with the necessary equipment. When asked by Senator Over the past few years, the League has reduced the
Linda Gray who reimburses municipal governments for number of Bulletins sent via traditional mail by transitioning
overtime costs associated with increases in the national alert our Bulletins to email, which allows you to receive your
level, Mr. Navarette responded that the Department of Bulletin quicker, while saving paper and reducing mailing
Homeland Security pays the local governments for any such and printing costs for us. Continuing in our effort from last
costs they incur. To that point, he explained that instead of year, the League will send all Bulletins by email if we have
raising the alert level for a large geographical area, there an email address on file for you. However, if you would like
have been attempts to regionalize the alerts, which in turn to receive your Bulletin through the regular mail, please
helps reduce the financial burden on municipalities. contact Sandy Morari at the League at (602) 258-5786 or
smorariCc~m~.state.az.us. Also, please contact Sandy if you
The Senate Government Committee members expressed receive the Bulletin via traditional mail, but would like to
continued interest in updates from the Arizona Department add your email address to our files to receive the Bulletin
of Homeland Security. We will keep you apprised of the electronically.
updates as they happen throughout session.
New Bills Introduced if You are Having Problems
Available on the NET! Receiving Your Bulletin Via
Email .
In the past several years, the League has been saving trees
and money by putting our weekly New Bills Introduced on The League has had some of the emailed Bulletins returned
the League website at www.azleague.org under the to us, so please make sure to check with your IT
Legislative Advocacy menu tab. By doing so, we saved Department if you are not receiving it on Thursday
thousands of dollars that would otherwise have been spent afternoons. Your city or town may need to change their
on paper, copying and mailing. settings to recognize the League Bulletin email so it doesn't
register as "spam" under your spam detection software.
By Friday afternoon of each week, there will be a New Bills
Introduced posted on our website until all bills of municipal
interest have been summarized. It will be posted as a
weekly document until all bills have been summarized and
then it will become one continuous document. Each bill
will be linked to the Legislature's website, ALIS (Arizona
Legislative Information System), where the full bill as well as
helpful information such as committee assignments,
amendments, fact sheets and current bill status can be
found. This process gives access to more information while
keeping costs at a minimum.
We also understand that a paper copy may be preferable to
some of our members. If you would like to receive the New
Bills through mail, fax or email, please let Sandy, our office
manager, know by emailing her at smorariCc~mg.state.az.us
and stating which way you prefer it delivered.
As always, we welcome any comments or concerns
regarding this process.
LEGISLATIVE BULLETIN february 3, 2005 PAGE 3