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Home My WebLink About04/19/2005 Council Agenda Packet MINUTES OF REGULAR COUNCIL MEETING MARAN A TOWN HALL APRIL 5, 2005 PLACE AND DATE Marana Town Hall, AprilS, 2005 I. CALL TO ORDER By Vice Mayor Kai at 6:59 p.m. II. PLEDGE OF ALLEGIANCE Led by Alexis Lunceford, Poppy Princess, Casas Adobes American Legion AuxilIary - . .....-. ~ III. INVOCATION/MOMENT OF SILENCE Town Clerk Jocelyn Bronson read a proclamation in memory of Pope John Paul II. Vice Mayor Kai asked for a moment of silence for Council Member Escobedo's father, who was in the hospital. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Arrived at 7:05 p.m. Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Excused Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Asst. Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Honea, seconded by Council Member McGorray, the minutes of the February 1,2005 Regular Session, February 15,2005 Regular and Study Session, February 22, 2005 Study Session, March 1, 2005 Regular Meeting, March 12, 2005 Study Session and March 15, 2005 Regular Meeting were unanimously approved. Council Member Comerford abstained from voting on the March 1, 2005 minutes. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TO\VN HALL APRIL 5, 2005 VII. CALL TO THE PUBLIC - ANNOUNCEMENTS - INTRODUCTIONS - UPCOMING EVENTS Vice Mayor Kai announced that this was the last meeting in the old Council Chambers. The next meeting, on April 19, 2005, would be at Heritage Highlands. Dedication of the new Chambers would be May 3, 2005. Council Member Comerford announced that the Boy Scouts would have the first annual golf tournament on June 4, 2005. She had information on the tournament at the dais and stated that it would also be available at Town Hall. -....-.... .... Brad DêSpain addressed the Council and introduced Mark Stratton, General Manager of Metro Water. VIII. ST AFF REPORTS There were none. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2005-35: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Marana Cultural and Heritage Park Project (Frank Cassidy) 2. Resolution No. 2005-36: Relating to Parks and Recreation; approving. and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Tortolita Trail System (Frank Cassidy) 3. Resolution No. 2005-37: Relating to Water; consenting to the annexation of property owned by Cortessa, L.L.C. into the Metropolitan Domestic Water Improvement District (Brad DeSpain) 4. Resolution No. 2005-38: Relating to Standing Boards, Committees and Commissions; approving reappointments to the Town of Marana Business Advisory Committee (Roy Cuaron) . 5. Resolution No. 2005-39: Relating to Development; approving and authorizing the Mayor to execute an Amendment to Development Agreements relating to the definition of "Resort Hotel" under the Dove Mountain Resort Agreement recorded at Docket 11594, Page 3855; and declaring an emergency. 6. Relatin2 to Personnel; approving and authorizing the reclassification of a Planner II position to Landscape Architect and hiring a Landscape Architect and a Court Security Officer with appropriate salary levels (Jane Howell) 7. Relatin2 to Administration; adopting the Town of Marana Policy for Office Assignments for Council Members (Mike Reuwsaat) 8. Proclamation: Arizona Work Zone Safety Awareness Week (Jocelyn Bronson) 2 MINUTES OF REGULAR COUNCIL MEETING MARAN A TOWN HALL APRIL 5, 2005 Upon motion by Council Member Comerford, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Presentation: Casa Seville Specific Plan (Barbara Berlin) Barbara Berlin gave a brief introduction of the project, located at the Southwest Comer of Tangerine and Camino de Oeste. She introduced Jon Thomas, the developer. ......~- .... Mr. Thomas addressed the Council and introduced Linda West, the realtor and marketing ãgerit for the project. Mr. Thomas showed the Council the concept boards for the project design. He and Ms. West pointed out washes in the area. Ms. West said that the development would target baby boomers and retirees. The price per home would be approximately $500,000 to $600,000. The main access would be off of Camino De Oeste. 2. Public Hearin2: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) Ms. Berlin addressed the Council and gave a brief introduction to the item, which was adjacent to the Breakers Road easement. This project is for development of a landscape or contractor's yard. The Planning Commission voted 6-0 to recommend approval on January 26, 2005. Ms. Berlin responded to questions from the Council, noting that if the owner sold the property the zoning designation would not change. Ms. Berlin said that the buffer to the east would be 30 feet because it was between two districts. She also noted that there were no residential property owners close enough to be affected by the noise. Discussion was held regarding the Breakers easement. Council Member Honea expressed concern about the traffic on the road with the Breakers opening soon. Frank Cassidy, Town Attorney, addressed the Council and stated that the Town did not maintain the road and did not have the authority to maintain a private easement. In terms of policing, the Town could be called to accidents on the road. The Town would not have liability for that easement. It was not required to meet the ToWn's standards. Council Member Honea said that there was a road that had been put in when Breakers moved in. He said he thought that if they allowed heavy equipment to come in there they needed a maintenance agreement. Ms. Berlin stated that construction requirements would be to adequate standards to the type of usage. Mr. Reuwsaat stated that he was not aware of a maintenance agreement as a requirement before. He said that this was only an access easement. Again, Council Member Honea replied that this could be a fairly heavily used road for several businesses. Mr. Reuwsaat said that they had discussed an agreement with the Breakers. The Breakers had taken on some responsibility with the road but there was no motivation for them to take the whole road. Mayor Sutton asked if there was anyone who wished to speak at the Public Hearing. Hearing. There being none, he declared the Public Hearing opened and closed. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TO\VN HALL APRIL 5, 2005 Jack Neubeck from The Planning Center spoke on behalf of the applicant. He showed the Council exactly where the project was located. He said that there was a 24 foot right- of-way that was dedicated to the Town on the Breakers easement. The applicant would like to see an improvement district done on it. The access would be on another road that would meet Town standards. The applicant agreed with the conditions as set forth. Mayor Sutton pointed out that the Town never had leverage to get this road fixed. He said that someone would have to take the burden. He asked if this was the time the Town should go in and force an improvement district and develop the road. Half the road being done was a good start. Mr. Cassidy said that there were hurdles to every option for the road. He pointed out that there could not be an improvement district if there was a - -protest of more than fifty percent of the property owners. He said the Town could condemn it, but that raised questions also, including funding. He said health and safety could condemn but would not authorize the Town to impose the financial obligation of the road after the fact. Council Member Comerford said that those affected were the families that drove on the road to the Breakers. Mr. Reuwsaat said that if the Town were only working with the Breakers it could be done. If they wanted to get it up to standard they would have to step up to it and bear the costs. The cost would be approximately $1.5 million dollars to get the road to Town standards. Council Member Honea asked that if the right-of-way would then be dedicated back to the Town and if there was an inherent liability. Mr. Cassidy answered that there would be. He recommended the Town not accept it. Mr. Reuwsaat pointed out that the condition said "to Town standards"; the Town would not allow a substandard road to go in. For tonight, this requirement was adequate enough to go forward. Staff could then go back and work with business owners on the rest of the road. Mr. Cassidy pointed out an error in the language. It was a 24 foot wide road, not 24 linear feet. The Council would have to make a policy decision on whether or not to fix the road. 'Mayor Sutton said he saw it the opposite way: If anything came in with a permit it would have a fee attached to it and nothing would be done until they paid their share. Mr. DeGrood said that part of the deterioration of the road was the preparatory work on the property between the Breakers and the Park and Shade project. That property had not fulfilled their obligation to the road. Mr. Cassidy said that once they came for their permit they would have to pay their fair share. Mayor Sutton asked about the project before the Council. Mr. Neubeck suggested making some alterations to Condition 2. He said that should an improvement district form later this would be their contribution. They could also put something in about a maintenance agreement until it was to the standard the Town would be willing to accept. Mayor Sutton asked if everyone agreed with the condition as Mr. Neubeck had read it. Mr. Reuwsaat agreed with the condition. Mayor Sutton said he wasn't sure about the maintenance agreement; he did not want this developer have to take more than their share. Council Member Blake asked if this could be tied in to business licenses. Mr. Cassidy replied that it could not. However, a business could be closed down for being unsafe through the normal health and safety of the Town. Mr. Cassidy suggested that this item be continued to the end of the agenda so that staff could work out proper wording. Upon motion by Mayor Sutton, seconded by Council Member Comerford, the item was unanimously approved to be continued to the end of the agenda. 4 -, '..........: ~ MINUTES OF REGULAR COUNCIL MEETING MARAN A TOWN HALL APRIL 5, 2005 3. Presentation: Development impact fees for Townwide Parks and Northwest Marana Roadways (Jim DeGrood) Jim DeGrood, Assistant Town Manager, gave a slide show presentation that explained the next two items on the agenda. He noted that as part of the process, the effective date would take place 90 days after approval by the Council. He explained that the Town had looked to see if the standards were too high; and as a result, the fees were lowered. Alex Jacome, from Southern Arizona Homebuilders Association, addressed the Council and said impact fees went on the mortgage and were paid for during the life of the mortgage. He thanked the Town for delaying the item to allow for review. He said they -retained outside consultants to assist; and noted that several concessions had been made. He hoped that the Town would continue to keep SAHBA in the loop. He commended Marana for its foresight and vision and said that staff had been forthcoming. The result was a plan that was fair, met the requirement of nexus and illustrated the progressive direction the Town desired. Mayor Sutton pointed out that this was different than other municipalities; SAHBA had always been there supporting the Town. It had been a good working relationship. 4. Ordinance No. 2005.11: Relating to Development; identifying the Marana Park Benefit Area, accepting and approving the technical report identifying park needs within that area, adopting park development impact fees for that area, and providing an effective date (Jim DeGrood) Council Member Honea asked why there was a 90 day delay before the ordinances would become effective. Mr. DeGrood responded that it was required in the statutes. The 90 days allowed someone under contract or contemplating buying a home to have notice of the impact fees. Upon motion by Council Member Honea, seconded by Council Member McGorray, the ordinance was unanimously approved. 5. Ordinance No. 2005.12: Relating to Development; identifying the Northwest Marana Transportation Benefit Area, accepting and approving the technical report identifying the roadway needs within the benefit area, adopting roadway development impact fees for that area, and providing an effective date (Jim DeGrood) Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved. 6. State Le2islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Michael Racy) Mr. Reuwsaat addressed the Council and explained that Mr. Racy had intended to present his report to Council in person but that Mr. Racy's son was ill. He noted that the tracking report had been placed on the dais for Council. Mayor Sutton said that if anyone had questions they could contact Mr. Racy. The Town Council went into recess at 8: 1 0 p.m. as staff continued working on the revision to Ordinance No. 2005.10. The Council reconvened at 8:20 p.m. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TO\VN HALL APRIL 5, 2005 2. Public Hearin2: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) (Continued after the recess) - ......-...-=- Mr. Cassidy read the revision to Condition 2 into the record. "Prior to the Town's issuance of a Certificate of Occupancy for any structure within the rezoning area, the property owner shall construct a new 24 foot wide paved roadway with a structural cross section acceptable to the Town Engineer in what is commonly known as the Breakers Road Easement, from Tangerine Road to the east-west lateral access point for the proposed project, a distance of approximately 1300 linear feet. The property owner shall - maiñtain the section of roadway constructed by the property owner to standards generally consistent with those for public roadways. If an improvement district is formed by the Town for construction or improvement of a public roadway in the Breakers Road Easement the property owner shall not protest the formation of the improvement district, and the property owner's fair share contribution to the improvement district shall be credited to the extent of the permanent Breakers Road improvements constructed by the property owner." Mr. Neubeck said the applicant approved of the condition. Vice Mayor Kai asked what would happen to the rest of the road. Mayor Sutton said this revised condition would be leverage to get that done. This would allow the project to go forward. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved as revised. c. MAYOR AND COUNCIL REPORT Vice Mayor Kai reported that he had attended a ground breaking ceremony for a multi- species con'servation plan that the Federal Government had committed $330 million dollars. The money would be used to maintain the life on the river and would prevent the shutdown of the river. Mayor Sutton thanked stafffor working on the State ofthe Town address. He said it was well-received by the community and developers. D. MANAGERS' REPORT Mr. Reuwsaat announced some upcoming dates: the April 19, 2005 Council Meeting would be at Heritage Highlands; May 3 was the dedication in the new chambers and the Council Meeting would be brief; May 17 was a concurrent election. The polling place would be in the old Council chambers; the Council would meet in the new chambers. On June 7 the Council Members recently elected would be sworn in. X. FUTURE AGENDA ITEMS There were none. XI. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Honea, the motion to adjourn was unanimously approved. The time was 8:28 p.m. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 CERTIFICA nON I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on AprilS, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 I. CALL TO ORDER By Mayor Sutton at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCA TION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Carol McGorray Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member STAFF Mike Reuwsaat J aret Barr Frank Cassidy Jocelyn Bronson Jim DeGrood Jim Mazzocco Barbara Berlin Town Manager Assistant Town Manager Town Attorney Town Clerk Executive Asst. to the Town Mgr. Development Services Administrator Planning Director Attached is a list of public attendees. V. APPROV AL OF AGENDA Present Present Present Present Present Present Present Present Present Present Present Present Present Present Upon motion by Council Member Honea, seconded by Council Member McGorray, the agenda as written was unanimously approved. MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 VI. ACCEPT ANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes for the November 16th Study Session and the minutes for the November 16th regular Town Council meeting were unanimously approved. VII. CALL TO THE PUBLIC! ANNOUNCEMENTS Sandy Groseclose, Marana Arts Council (MAC) Executive Director, presented the Council with photographs of the Honea Heights Water Tank which had been recently adorned with a mural through the MAC Water Tank Beautification Project. She thanked the Council members and Brad DeSpain for their outstanding support and assistance on the initial kickoff of this MAC project. Ms. Groseclose explained that the western motif depicted cattle and a cowboy in silhouette and had been designed by Marana High School students along with their art teacher, Brian Jones, who is also the MAC President. She concluded by thanking the Honea Heights neighborhood for allowing MAC to begin this project in their area. Brad DeSpain, representing the Town employees at large, thanked the Council for the upcoming Employees' Luncheon scheduled for December 22nd at the Marana Operations Center (MOC). He said that everyone was very appreciative to the Council for their gift of the holiday luncheon. Ed Stolmaker, Marana Chamber of Commerce Executive Director, spoke before the Council to thank them for their support throughout 2004. He said that the Chamber was moving along in a positive direction and could not have achieved all of its goals without the Town's solid support. Darice Larriva-Johnson, the Parks and Recreation department's Recreation Coordinator for Youth Programs, spoke to the Council regarding an award the Superstar Student program recently received from The Arizona Parks and Recreation Association, the Leisure Benefits Professional Branch. She said it was for the most outstanding program in 2004 and she distributed a handout describing the program. Ms. Larriva-Johnson explained that the Town was working in partnership with the Marana Unified School District (MUSD) on this program and that the primary funder was the Kai Family Foundation as well as other local businesses. 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 Mayor Sutton presented a gift basket and proclamation to Karl Horvath, longtime resident and community volunteer. The Mayor read the proclamation into the record and thanked Mr. Horvath for his unselfish dedication to the Town of Marana. He also explained that a plaque would be affixed to a front row chair in the first row of the new municipal complex's Council Chambers and would be inscribed with the following: "In Appreciation of Karl Horvath, Loyal Citizen and Friend, December 21, 2004" . Council Member Escobedo thanked everyone for the enormous amount of assistance he received regarding the Miracle in Marana charity event. He said there were too many "anonymous angels" involved to mention by name but that all would receive an individual thank you in the mail soon. He said that nearly 4,000 children received toys, lunches, goodie bags, and baskets of food. Mayor Sutton said that he would like to give a portion of his report at this time because of the scheduled executive session. He thanked all of the Town staff for their wonderful work contribution over the year. VIII. ST AFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-166: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.c. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 3 (Brad DeSpain) 2. Resolution No. 2004-169: Relating to Water Service; approving and authorizing the execution of the Agreement between the Town of Marana and Gladden Forest L.L.c. for Construction of Water Facilities Under Private Contract for Gladden Farms Block 4 (Brad DeSpain) 3. Resolution No. 2004-170: Relating to Boards, Committees, and Commissions; approving the reappointment of Joe Reilly, Jerry Harris, Ora Mae Harn, and Sherry Rollins to the Marana Water Utility Advisory Committee (Brad DeSpain) 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 4. Resolution No. 2004-173: Relating to Community Facilities Districts; approving appointments to the Redhawk Canyon Community Facilities Districts No.1 and No.2 ijocelyn Bronson) 5. Resolution No. 2004-175: Relating to Water; supporting and urging the Arizona Department of Water Resources to recommend and Central Arizona Water Conservation District to approve and authorize the transfer of a portion of the Flowing Wells Irrigation District's Central Arizona project allocation to the Town of Marana (Brad DeSpain) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the Consent Agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2004.25: Relating to Development; approving the rezoning of 845-acres of land from J/R-144" to zone J/F" and creating the Sanders Grove Specific Plan on property located east of Sanders Road, south of Hardin Road, east of Wentz Road and north of Marana (Barbara Berlin) Ms. Berlin addressed the Council and gave a brief outline of the rezoning request. She noted that it had been recommended for approval in November by the Planning Commission. She said that the recommendation carried with it a number of conditions, several of which had not yet been fulfilled such as the residential design standards and the completion of the development agreement. She said that until those items were submitted by the developer that she recommended continuance of the rezoning request until January 2005. Mayor Sutton asked if the applicant's representative would like to address the Council. Michael Racy, Diamond Ventures consultant, spoke before the Council regarding the rezoning request. He reminded the Council of his lengthy overview of the Sanders Grove project earlier in the month at a study session. He said that he would like to go over a few things that had occurred since the December 7th Study Session and noted that an initial draft of conceptual residential design standards had been submitted to the Assistant Town Manager. He said that the standards would be refined even further for full staff review and analysis in January. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 He added that a number of neighborhood meetings had taken place recently as well as meetings with individual residents and property owners in the Kirby-Hughes/Wentz Roads area. He said that the topic of discussion was the substantial changes proposed for the realignment of the roadway. He noted that discussions regarding new ideas for the development's incoming traffic were ongoing. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, approval to go into public hearing was unanimous. Joe Parsons, lifelong resident and Marana Stockyards co-owner, spoke before the Council regarding this issue. He said that he and his neighbors wanted it on the record that they were not happy with the prospect of losing Kirby-Hughes Road. He recounted that the area residents were fearful of the potential cattle truck traffic on Wentz Road when the Marana Stockyards first opened and that his company had made a point of keeping the trucks routed down Kirby-Hughes Road. He acknowledged that new growth was inevitable and that he and other residents had been working with Mr. Racy on acceptable solutions to the roadway problems. However, he said that they were still not content or satisfied with the proposed plans and pointed out that the new route would add approximately 1.5 miles to each trip translating into an additional cost of $2.50 per mile per truck for his business. He said that he was looking to Diamond Ventures to offset some of these expenses. He predicted that the Marana Stockyards had possibly 15 to 20 more years of operation left with the growth in Arizona before the ranches were well stabilized. He remarked that the 50noran Desert Conservation Plan had icnluded the ranching industry a very important partner in the plan and this fact had also been proven by Pima County who had purchased several conservation easements in order to allow the land to stay as ranches. He asked that the Town staff and the developer study his business operations and not to interfere with the current residents but allow the trucks the freedom to come and go during all hours of the day and night. He explained that the cattle business was not simply an 8 to 5 business and that trucks were being loaded sometimes at 11:00 or 12:00 at night so that they could deliver the livestock in Los Angeles at dawn the following day. He said that he and other residents had been working with Diamond Ventures and Mr. Racy to resolve these issues and hoped that the TOM would be involved as well so that they would be aware of any deals made between the developer and the property owners. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21,2004 Kathleen Clark, longtime Wentz and Kirby-Hughes resident, expressed her concern with the possible closing of Kirby-Hughes Road. She said that it was an established roadway for the area and was very convenient. She acknowledged that she realized the current use of Kirby-Hughes Road by the livestock trucks was also not practical for the subdivision. She said that the re-routing of the truck traffic to Hardin Road and down Wentz Road to Kirby Hughes was not feasible to her either. Ms. Clark pointed out that the road was not constructed for the heavy traffic and that she would not welcome the truck noise at all hours of the night. She also agreed with the sale barn owner that the proposed plans were not acceptable. She remarked that transportation and where the traffic was routed was very important. Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to close the public hearing was given. Mr. Barr said that he, Mr. DeGrood, Mr. Racy, and Mr. Parsons had met today and discussed regional transportation issues. He said that one of the things the Town staff recognized was that, in the community's best interest, the Town wanted to keep as much of the truck traffic away from residential uses as possible. He said that eventually as the area grew even Kirby- Hughes Road would be a problem for the truck traffic and he was hoping to work with all of the interested parties on the Marana Road to Luckett Road alignment. He said that at the same time the Town realized that this solution could cause a financial loss to the Marana Stockyards business and the Town would like to make amends somehow with the Parsons family. He said that these types of negotiations and planning were still ongoing and that he recommended continuance of the item until a date certain, January 18th. Council Member Escobedo pointed out that he resided in the close proximity to the area in question and was very interested in being included in the planning process. Vice Mayor Kai expressed his concern about the Sanders Grove project. He said that he thought it was irresponsible and inappropriate for the Town to close Kirby-Hughes Road. He said that the roadway was the same as Moore Road or Grier Road and was an east-west connection to Luckett Road which would eventually be a major north-south connection to Marana Air Park Road. He asked that the staff take this concern into consideration. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 Council Member Honea voiced his concerns as well and said that he did not think the Town could impose hardships on established businesses and families for newcomers to the area. He said that he understood the concept of the Sanders Grove Plan but that the families who owned properties around the sale barn would eventually want to develop their properties as well. He agreed with the Vice Mayor that access to this area was vital. He noted that cutting off major arterial streets would be like closing Grier Road because someone wanted to place a development on the other side. He said that lots of people used that roadway and considered it a major east-west transportation corridor. He compared Kirby-Hughes Road in the future to the current Coachline Boulevard in Continental Ranch, a four-lane divided road. The Council Member said that eventually the Town would need to accommodate the roadway to carry some of the increased traffic as the properties further north and east developed. He said the Town needed to take the project's entire concept into consideration before any further action was taken. Council Member Escobedo added that the staff should consider the possibility of developing Hardin Road as an arterial roadway as well. Mr. Barr responded that this concept had been discussed and included an extension of Hardin Road linking to the other three miles of Hardin Road that was paved and somehow connecting back to the frontage road. Mr. Racy said that Diamond Ventures would be happy to have anyone interested in the project to participate in the planning process. He noted that a fair ongoing dialogue had been established with the area's property owners and that this repoire was expected to continue. He said that he thought it was important to look at all of the aforementioned roadways in a regional context as the Council had and that he agreed with the Vice Mayor that it would be irresponsible not to do just that. He pointed out that this had been the practice of the developer over the past 12 months with a team of engineers and transportation consultants and that Diamond Ventures was committed to continuing that process. He also added that the Town had not designated those roadways as arterial roadways at this point and that this would be a concept to investigate. Mr. Racy said that in the meeting today the continuation of the Hardin Road alignment was the main concept discussed. He explained that the road was paved to the west of Luckett Road and that it did not currently connect but had an offset at Luckett Road. He said that there were ways to deal with those types of roadway issues. 7 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 He said that the Hardin Road connection made sense especially in light of the proposed new Interstate 10 interchange nearby. Once again the consultant emphasized the need to look at the roadway issues in a regional context and to determine what sources of traffic generation were present and what routes were needed to travel back and forth, all the while recognizing that the 1-10 frontage road might not exist in the long term. Mayor Sutton said that he thought the Parsons family could be good witnesses to the Town's stewardship with the residents in northern Marana. He noted that the $2.50 per mile cost added to their business expenses would be more than offset by the rise in their property values in the next 10 to 15 years as the area developed. He said that there would always be hardships associated with development and that the Town was cognizant of this fact. He remarked that the Council was looking out for the welfare of the majority of the residents and business owners in northwest Marana. The Mayor asked for a continuance on this item. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, unanimous approval to continue Ordinance No. 2004.25 until the January 18,2005 Council meeting was given. 2. TORTOLIT A VISTAS SPECIFIC PLAN (a) PUBLIC HEARING. Ordinance No. 2004.26: Relating to Zoning; a request by Cottonwood Properties to rezone approximately 230 acres of land from R-l44 (Single Family Residential, 144,000 square feet minimum lot area) to IJF" (Tortolita Vistas Specific Plan). The proposed Tortolita Vistas Specific Plan proposes to restrict the site disturbance to a maximum of forty percent of the site (92 acres). The property is generally located south of Moore Road, east of the Oldfather Road alignment and west of Thornydale Road in Section 31, Township 11 South, Range 13 East. This proposed action would repeal the Tortolita Vistas Specific Plan as adopted on July 20, 2004 and replace it with a revised Tortolita Vistas Specific Plan which, among other things, is proposed for a maximum of 155 units (reduced from 400 in the previously adopted plan) and minimum individual lot sizes of 32,000 square feet (increased from 6,000 square feet in the previously adopted plan); and Ms. Berlin presented this item before the Council and gave a brief history of the project. She said that the proposed plan made a number of changes including reducing the number of permitted houses from 400 down to 155, making a major change going from a mass graded plan to an individually lot grading plan. She said that Town staff was currently in the process of 8 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 working on a development agreement but that an ordinance had not yet been proposed. She recommended the action for continuance. Mayor Sutton opened and closed the public hearing as there were no speakers related to this topic. Mr. Reuwsaat gave a brief background on the item and said that notices had been sent out to all petitioners and interested parties. He said that with the repeal of the ordinance the reason for the referendum was gone and that there would be no need for a vote. He said that there was some precedence already set for this action at a State level and that the Town was not forging new legal ground. He said that Town staff needed time to review the new specific plan and the recommended conditions and to make any additional comments that might be necessary. He said that the review process would begin on January 22nd. Mayor Sutton said that there were some issues that several Council members had and that these issues would be discussed when the action was presented before them at a later date. Council Member Honea remarked that he believed this plan needed to be repealed even if the action took place concurrently with the new proposal and that the action should take place at the next meeting or it would need to be prepared for the May 2005 ballot. He said that he had asked the applicant for either a written or verbal request to repeal the ordinance, preferably a written request, so that the Town would be covered for any vested rights the applicant had. He said that he was not in favor of amending the ordinance but that he would like to repeal it. Mr. Cassidy agreed with the Council member and said that if the Town wanted to avoid the referendum then repealing the ordinance was the only way. He said that the Town could not amend the ordinance because that left it in place and subject to the referendum. He commented that if the ordinance was not repealed then the referendum had to proceed. He remarked that one of the questions became whether or not the Town did a total repeal now and then brought the new rezoning through the entire process, perhaps on an accelerated basis, or whether the Town did the repeal and simultaneously adopted a replacement ordinance without send the action through the whole process. He said that in his opinion it could be accomplished either way. He stated that he believed that the Town still had jurisdiction the same as it had on July 20th. 9 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 He pointed out that the new action was also subject to referendum and that a scenario of having both actions as referendums on the same ballot was possible. He said that the cleanest way to handle this issue would be to do an entire repeal as a separate action and bring the rezoning forward as a separate item. The Town Attorney reported that he was currently in discussions with the Cottonwood Properties attorney, Rick Roman, and that a method for dealing with the double referendum issue was being formulated. He noted that the legal concepts related to this issue were complicated and very confusing but that there were technical procedures that could be applied. Council Member Escobedo said that he had many issues with repealing the original action. He questioned the message that would be sent to the petitioners in light of the fact that only 31 signatures were required to begin the referenda process. He said that he did not want to set any precedents. Mayor Sutton agreed with Council Member Escobedo and said that everything would have been much simpler if the two parties had worked this problem out without beginning the referendum process. He said that he preferred taking this issue to election and defeating the referendum action. He noted that this would send the message that Marana residents supported their Council and were opposed to allowing any outside agency to run the Town. David Mehl, applicant, stated his appreciation of the Town's patience and consideration on this project. He said that he understood that the Town officials were weighing the quality of what would be the final project presented for their approval. He said that he felt the current agreement between the referendum petitioner and the developer was a true compromise, not a loss or a win, and that the end product would be spectacular. He said that this would not set a precedent for the future and that everyone was aware of the fact that the Marana residents were willing to fight for quality developments. Upon motion by Council Member Honea, seconded by Council Member McGorray, unanimous approval for the continuance of Ordinance No. 2004.26 until January 4,2005 was given. 10 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 (b) Resolution No. 2004-174: Relating to Development; approving and authorizing the execution of a development agreement regarding the Tortolita Vistas development project. Due to technical difficulties, this portion of the meeting tape was inaudible. 3. Resolution No. 2004-172: Relating to Development; approving and authorizing the execution of a third amendment to Gladden Farms Development Agreement (Frank Cassidy) Due to technical audio difficulties, this portion of the Council meeting tape was inaudible. 4. Ordinance No. 2004.24: Relating to Lighting; revising the IIMarana Outdoor Lighting Code 2003", by reference under Title 7 IIBuilding", Section 7-1-2(B)(2); adopting the rules and regulations therein as controlling law of the Town of Marana in conflict therewith, and declaring an emergency a ack Holden) Mr. Holden spoke before the Council and briefly outlined the changes to the Outdoor Lighting Code. He said that the primary problem with the old code was reducing the pole height for outdoor lighting of parking lots for projects in less than 6 acres down to 20 feet. He said that this would reduce the glare in any commercial areas abutting residential areas. He said that several definitions were added to the code that aided in the plan review process and directed the design engineers toward the acceptable lighting standards. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Ordinance No. 2004.24 was unanimously approved. 5. Executive Session pursuant to A.R.S. §38-431.03(A)(1) to discuss the proposed terms of contract for continued employment of Town Manager Michael A. Reuwsaat (Frank Cassidy) Mayor Sutton adjourned the meeting for executive session. The time was 8:06 p.m. 11 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 6. Executive Session pursuant to A.R.S. §38-431.03(A)(3) for legal advice concerning the public hearing, council action and referendum processes applicable to the Tortolita Vistas development project (Frank Cassidy) Mayor Sutton reconvened the meeting at 8:24 p.m. with all Council members present and seated at the dais. c. MAYOR AND COUNCIL'S REPORT Vice Mayor Kai reported on his attendance at the Colorado Water Users Association meeting in Las Vegas last Wednesday, Thursday, and Friday. He said that the general topic of discussion was the condition of the water in the Colorado River with projected 2005 water usage was slightly above the runoff year and that the current levels in Lake Meade would be maintained. He stated that 27 desalinization purification plants were operating in California and that the main problem troubling the environmentalist was not the by- product of brine but the water intake process. He explained that the water purification process was bringing fish and kelp into the system possibly causing a negative environmental impact. Mayor Sutton reported that Congressman Kolbe and Senator Kyl attended a recent Regional Transportation Authority (RT A) meeting. He said that Mr. Reuwsaat and himself would be working on acquiring federal support for the regional transportation issues. Council Member Honea thanked Council Member Escobedo for a job well done on the Miracle in Marana event. He said that D. MANAGERS' REPORT Due to difficulties, this portion of the meeting tape was inaudible. X. FUTURE AGENDA ITEMS There were no future items proposed. 12 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL DECEMBER 21, 2004 XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member McGorray, unanimous approval to adjourn was given. The time was 8:31 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council regular meeting held on December 21, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 13 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 PLACE AND DATE Marana Town Hall, AprilS, 2005 I. CALL TO ORDER By Vice Mayor Kai at 6:59 p.m. II. PLEDGE OF ALLEGIANCE Led by Alexis Lunceford, Poppy Princess, Casas Adobes American Legion Auxillary III. INVOCATION/MOMENT OF SILENCE Town Clerk Jocelyn Bronson read a proclamation in memory of Pope John Paul II. Vice Mayor Kai asked for a moment of silence for Council Member Escobedo's father, who was in the hospital. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Arrived at 7:05 p.m. Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Excused Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Reuwsaat Town Manager Present Jaret Barr Asst. Town Manager Present Frank Cassidy Town Attorney Present Jocelyn Bronson Town Clerk Present Attached is a list of public attendees. V. APPRO V AL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member McGorray, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Honea, seconded by Council Member McGorray, the minutes of the February 1,2005 Regular Session, February 15,2005 Regular and Study Session, February 22, 2005 Study Session, March 1, 2005 Regular Meeting, March 12, 2005 Study Session and March 15, 2005 Regular Meeting were unanimously approved. Council Member Comerford abstained from voting on the March 1, 2005 minutes. 1 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 VII. CALL TO THE PUBLIC - ANNOUNCEMENTS - INTRODUCTIONS - UPCOMING EVENTS Vice Mayor Kai announced that this was the last meeting in the old Council Chambers. The next meeting, on April 19, 2005, would be at Heritage Highlands. Dedication of the new Chambers would be May 3,2005. Council Member Comerford announced that the Boy Scouts would have the first annual golf tournament on June 4, 2005. She had information on the tournament at the dais and stated that it would also be available at Town Hall. Brad DeSpain addressed the Council and introduced Mark Stratton, General Manager of Metro Water. VIII. STAFF REPORTS There were none. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2005-35: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Marana Cultural and Heritage Park Project (Frank Cassidy) 2. Resolution No. 2005-36: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the Tortolita Trail System (Frank Cassidy) 3. Resolution No. 2005-37: Relating to Water; consenting to the annexation of property owned by Cortessa, L.L.C. into the Metropolitan Domestic Water Improvement District (Brad DeSpain) 4. Resolution No. 2005-38: Relating to Standing Boards, Committees and Commissions; approving reappointments to the Town of Marana Business Advisory Committee (Roy Cuaron) 5. Resolution No. 2005-39: Relating to Development; approving and authorizing the Mayor to execute an Amendment to Development Agreements relating to the definition of "Resort Hotel" under the Dove Mountain Resort Agreement recorded at Docket 11594, Page 3855; and declaring an emergency. 6. Relatin2 to Personnel; approving and authorizing the reclassification of a Planner II position to Landscape Architect and hiring a Landscape Architect and a Court Security Officer with appropriate salary levels (Jane Howell) 7. Relatin2 to Administration; adopting the Town of Marana Policy for Office Assignments for Council Members (Mike Reuwsaat) 8. Proclamation: Arizona Work Zone Safety Awareness Week (Jocelyn Bronson) 2 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 Upon motion by Council Member Comerford, seconded by Council Member McGorray, the consent agenda was unanimously approved. B. COUNCIL ACTION 1. Presentation: Casa Seville Specific Plan (Barbara Berlin) Barbara Berlin gave a brief introduction of the project, located at the Southwest Comer of Tangerine and Camino de Oeste. She introduced Jon Thomas, the developer. Mr. Thomas addressed the Council and introduced Linda West, the realtor and marketing agent for the project. Mr. Thomas showed the Council the concept boards for the project design. He and Ms. West pointed out washes in the area. Ms. West said that the development would target baby boomers and retirees. The price per home would be approximately $500,000 to $600,000. The main access would be off of Camino De Oeste. 2. Public Hearin2: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) Ms. Berlin addressed the Council and gave a brief introduction to the item, which was adjacent to the Breakers Road easement. This project is for development of a landscape or contractor's yard. The Planning Commission voted 6-0 to recommend approval on January 26, 2005. Ms. Berlin responded to questions from the Council, noting that if the owner sold the property the zoning designation would not change. Ms. Berlin said that the buffer to the east would be 30 feet because it was between two districts. She also noted that there were no residential property owners close enough to be affected by the noise. Discussion was held regarding the Breakers easement. Council Member Honea expressed concern about the traffic on the road with the Breakers opening soon. Frank Cassidy, Town Attorney, addressed the Council and stated that the Town did not maintain the road and did not have the authority to maintain a private easement. In terms of policing, the Town could be called to accidents on the road. The Town would not have liability for that easement. It was not required to meet the Town's standards. Council Member Honea said that there was a road that had been put in when Breakers moved in. He said he thought that if they allowed heavy equipment to come in there they needed a maintenance agreement. Ms. Berlin stated that construction requirements would be to adequate standards to the type of usage. Mr. Reuwsaat stated that he was not aware of a maintenance agreement as a requirement before. He said that this was only an access easement. Again, Council Member Honea replied that this could be a fairly heavily used road for several businesses. Mr. Reuwsaat said that they had discussed an agreement with the Breakers. The Breakers had taken on some responsibility with the road but there was no motivation for them to take the whole road. Mayor Sutton asked if there was anyone who wished to speak at the Public Hearing. Hearing. There being none, he declared the Public Hearing opened and closed. 3 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 Jack Neubeck from The Planning Center spoke on behalf of the applicant. He showed the Council exactly where the project was located. He said that there was a 24 foot right- of-way that was dedicated to the Town on the Breakers easement. The applicant would like to see an improvement district done on it. The access would be on another road that would meet Town standards. The applicant agreed with the conditions as set forth. Mayor Sutton pointed out that the Town never had leverage to get this road fixed. He said that someone would have to take the burden. He asked if this was the time the Town should go in and force an improvement district and develop the road. Half the road being done was a good start. Mr. Cassidy said that there were hurdles to every option for the road. He pointed out that there could not be an improvement district if there was a protest of more than fifty percent of the property owners. He said the Town could condemn it, but that raised questions also, including funding. He said health and safety could condemn but would not authorize the Town to impose the financial obligation of the road after the fact. Council Member Comerford said that those affected were the families that drove on the road to the Breakers. Mr. Reuwsaat said that if the Town were only working with the Breakers it could be done. If they wanted to get it up to standard they would have to step up to it and bear the costs. The cost would be approximately $1.5 million dollars to get the road to Town standards. Council Member Honea asked that if the right-of-way would then be dedicated back to the Town and if there was an inherent liability. Mr. Cassidy answered that there would be. He recommended the Town not accept it. Mr. Reuwsaat pointed out that the condition said "to Town standards"; the Town would not allow a substandard road to go in. For tonight, this requirement was adequate enough to go forward. Staff could then go back and work with business owners on the rest of the road. Mr. Cassidy pointed out an error in the language. It was a 24 foot wide road, not 24 linear feet. The Council would have to make a policy decision on whether or not to fix the road. Mayor Sutton said he saw it the opposite way: If anything came in with a permit it would have a fee attached to it and nothing would be done until they paid their share. Mr. DeGrood said that part of the deterioration of the road was the preparatory work on the property between the Breakers and the Park and Shade project. That property had not fulfilled their obligation to the road. Mr. Cassidy said that once they came for their permit they would have to pay their fair share. Mayor Sutton asked about the project before the Council. Mr. Neubeck suggested making some alterations to Condition 2. He said that should an improvement district form later this would be their contribution. They could also put something in about a maintenance agreement until it was to the standard the Town would be willing to accept. Mayor Sutton asked if everyone agreed with the condition as Mr. Neubeck had read it. Mr. Reuwsaat agreed with the condition. Mayor Sutton said he wasn't sure about the maintenance agreement; he did not want this developer have to take more than their share. Council Member Blake asked if this could be tied in to business licenses. Mr. Cassidy replied that it could not. However, a business could be closed down for being unsafe through the normal health and safety of the Town. Mr. Cassidy suggested that this item be continued to the end of the agenda so that staff could work out proper wording. Upon motion by Mayor Sutton, seconded by Council Member Comerford, the item was unanimously approved to be continued to the end of the agenda. 4 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 3. Presentation: Development impact fees for Townwide Parks and Northwest Marana Roadways (Jim DeGrood) Jim DeGrood, Assistant Town Manager, gave a slide show presentation that explained the next two items on the agenda. He noted that as part of the process, the effective date would take place 90 days after approval by the Council. He explained that the Town had looked to see if the standards were too high; and as a result, the fees were lowered. Alex Jacome, from Southern Arizona Homebuilders Association, addressed the Council and said impact fees went on the mortgage and were paid for during the life of the mortgage. He thanked the Town for delaying the item to allow for review. He said they retained outside consultants to assist; and noted that several concessions had been made. He hoped that the Town would continue to keep SAHBA in the loop. He commended Marana for its foresight and vision and said that staff had been forthcoming. The result was a plan that was fair, met the requirement of nexus and illustrated the progressive direction the Town desired. Mayor Sutton pointed out that this was different than other municipalities; SAHBA had always been there supporting the Town. It had been a good working relationship. 4. Ordinance No. 2005.11: Relating to Development; identifying the Marana Park Benefit Area, accepting and approving the technical report identifying park needs within that area, adopting park development impact fees for that area, and providing an effective date (Jim DeGrood) Council Member Honea asked why there was a 90 day delay before the ordinances would become effective. Mr. DeGrood responded that it was required in the statutes. The 90 days allowed someone under contract or contemplating buying a home to have notice of the impact fees. Upon motion by Council Member Honea, seconded by Council Member McGorray, the ordinance was unanimously approved. 5. Ordinance No. 2005.12: Relating to Development; identifying the Northwest Marana Transportation Benefit Area, accepting and approving the technical report identifying the roadway needs within the benefit area, adopting roadway development impact fees for that area, and providing an effective date (Jim DeGrood) Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved. 6. State Le2islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Michael Racy) Mr. Reuwsaat addressed the Council and explained that Mr. Racy had intended to present his report to Council in person but that Mr. Racy's son was ill. He noted that the tracking report had been placed on the dais for Council. Mayor Sutton said that if anyone had questions they could contact Mr. Racy. The Town Council went into recess at 8: 10 p.m. as staff continued working on the revision to Ordinance No. 2005.10. The Council reconvened at 8:20 p.m. 5 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 2. Public Hearin2: Ordinance No. 2005.10: Relating to Development; approving a rezoning of 20 acres of land from Zone "C" to Zone "HI" south of Tangerine Road and east of Breakers Road (Barbara Berlin) (Continued after the recess) Mr. Cassidy read the revision to Condition 2 into the record. "Prior to the Town's issuance of a Certificate of Occupancy for any structure within the rezoning area, the property owner shall construct a new 24 foot wide paved roadway with a structural cross section acceptable to the Town Engineer in what is commonly known as the Breakers Road Easement, from Tangerine Road to the east-west lateral access point for the proposed project, a distance of approximately 1300 linear feet. The property owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those for public roadways. If an improvement district is formed by the Town for construction or improvement of a public roadway in the Breakers Road Easement the property owner shall not protest the formation of the improvement district, and the property owner's fair share contribution to the improvement district shall be credited to the extent of the permanent Breakers Road improvements constructed by the property owner." Mr. Neubeck said the applicant approved of the condition. Vice Mayor Kai asked what would happen to the rest of the road. Mayor Sutton said this revised condition would be leverage to get that done. This would allow the project to go forward. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, the ordinance was unanimously approved as revised. C. MAYOR AND COUNCIL REPORT Vice Mayor Kai reported that he had attended a ground breaking ceremony for a multi- species conservation plan that the Federal Government had committed $330 million dollars. The money would be used to maintain the life on the river and would prevent the shutdown of the river. Mayor Sutton thanked stafffor working on the State of the Town address. He said it was well-received by the community and developers. D. MANAGERS' REPORT Mr. Reuwsaat announced some upcoming dates: the April 19, 2005 Council Meeting would be at Heritage Highlands; May 3 was the dedication in the new chambers and the Council Meeting would be brief; May 17 was a concurrent election. The polling place would be in the old Council chambers; the Council would meet in the new chambers. On June 7 the Council Members recently elected would be sworn in. X. FUTURE AGENDA ITEMS There were none. XI. ADJOURNMENT Upon motion by Council Member McGorray, seconded by Council Member Honea, the motion to adjourn was unanimously approved. The time was 8:28 p.m. 6 MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL APRIL 5, 2005 CERTIFICA TION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on AprilS, 2005. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk 7 STAFF REPORTS TO COUNCIL D Building Department D D Clerk's Office Court D Finance Department D ~ Human Resources Department Marana Chamber of Commerce h/admin/forms/staff reports D D D ~ ~ Parks and Recreation Department Planning Department Police Department Public Works I Engineering Department Water Department For: March 2005 '- . & ~~ ,·4-""'" r:-J-- ~ MARANA ~/ ! '" TOWN OF MARANA TEAM WORK- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: FROM: SUBJECT: DATE: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager Water Department Staff March 2005 Department Report Update April 2005 CUSTOMER INFORMATION 3264 108 125 102 28,940,646 75.33 23.84 Number of Customers Billed Number of Disconnects Number of New Connects Number of New Services with Meter Installation Total Gallons sold Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve, Hartman Vistas and Gladden Farms Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. 468 Blue Stakes completed. 2. 227 Work Orders completed. 3. 5 after hours call outs. 4. Installed 8 new service lines at Marana Airport. 5. Installed 1 new service on Grier and Rehyer. 6. Installed a u-branch for new service on Camino Verde. 7. Spread ABC rock at 2 well sites. 8. Repaired a valve and leaking pipe at Picture Rocks Storage. 9. Weeding at our well and booster sites. 10. Flagger training. 11. Pump, Motor and Hydrant training. 12. Worked several days on Telemetry communication issues. 13. Potholed water main on Wentz south of Price Ln. for SW gas. 14. Tested to backflow for the Town. 15. Water construction inspections for CR block 17 , Grier Rd. and Heritage park Rd. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Noel Earls, William Jenkins and possible John Lashley. Artesiano Rd off Ina Rd. 2. Oasis Development-Addendum to Hartman Vistas 3. Santoria Estates (on West side of Old Silverbell North of Linda Vista intersection) . 4. Willow Ridge Agreement is pending. 5. Addendum to Vanderbilt Farms is pending. 6. Northwest Hospital Clinic on Continental Reserve Loop. 7. Payson Farms & Fianchetto Farms OTHER 1. Discussions of regional reliability and terminal storage of C.A.P. water being discussed. 2. A non-potable Master Plan is underway. Discussions with Arizona Department of Water Resources. 3. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of 1-10, from Tangerine Rd. to the Pinal County line. 4. Sunset Ranch Estates rate comparison in Progress. 5. Upgrade from 6" to 8" Main through the Redemtorist Renewal Center Property 6. Water Issues Being Elevated with Tucson Water. 7. Effluent and Marana Wastewater Treatment Plant in discussions with Pima County. 8. Flowing Wells excess C.A.P. allocation transfer in process at Arizona Department of Water Resources. 9. As of January The Water Department started billing for sewer on our water bills. 2 - epartment of Public Works Staff Report MARANA CONTINENTAL RANCH LIBRARY: APRIL 2005 VOlUME 4, ISSUE 1 "":'."--,, ;,CAPITALJ,MR¡ This Project consists of selecting an Architectural Firm for design; design and construction of a new library to be located in the Town near the Walgreen's store located at the corner of Cortaro Road and Silverbell Road. The new library will contain approximately 15,000 sq. ft. of floor space along with an additional 5,000 sq. ft. of shell area intended to be for the use of the Town that will be bid as an additive alternate. The library is intended to house an eventual 100,000 volume book collection with state of the art technology, computer lab, large meeting room, and small study rooms. The delivery method for the Project, as selected by Pima county, is Design-Bid-Build scenario. Estimated Design Time: Pima County anticipates a ten (10) month design phase from issuance of the Notice to Proceed. " -,\: '_',"-~',:>,':,-' <', Moni~ MO'neeiin~ Technician 'neeriOg Technician ami and Records èoordinator Estimated Construction Time: Pima County anticipates a twelve (12) month construction phase from issuance of the Notice to Proceed. Scott L:e~~tra'ffic~ring Proj.Manager Alfonsò Rodriguez-CMlErígineering . TèChnìcíáí1 Shad aU$tamanie- Traffic Engineering Support Status: Richard & Bauer, LLC, have executed the Architectural Services Agreement with Pima County, and the County has issues the Notice to Proceed to the Consultant. The kick-off meeting between Pima County, City of Tucson, Town of Marana and the Consultant was held on Tuesday, 08 March, 2005, at the offices of the Procurement Department, Pima County. Items of discussion at the meeting included budget, schedule, property location, accessibility library interface with the proposed District Park, shared-use paths along the west bank of the Santa Cruz River and infrastructure to the proposed library location. Members of the Town Staff provided and discussed the Town's "visions" for the proposed library which included issues of efficiency, quality, flexibility, expandability, public information and the level of technology to be incorporated into the facility. All the partners will look into.................. desi~ning a unique structure that wi." make an I. INS. '., D.' E. T.H.I.S.I.S. .' S" ....·.I.J..·.·.·'.·.·...E.· ............,. ......1 architectural statement for the area. Views to and. . .... . ...... '. .... '. ". . ........,;> from the proposed site were discussed. The kick- . . off meeting was viewed as most successful by the efP ProjØÇts InDe$igrJ attending parties. A meeting was held for Tuesday, 29 March, 2005 to discuss and verify the proposed library program and functional adjacencies. - ¡ ,«-;,~.--: ' ", :"':':':- - -', , FerlUlndo proJ.,Manager1~ffic Engineering .DivisiOO Assi$tant . JennifèrChrisæ,lman-M8nager Environmental OMslon · ..' . ,.,..-.., .':,' ',;-,'".',',, -,' ,,' Missiòn 8. Value Statémønt . ,- , ,";",;.',:" ,..'>:.-..:';-:::.,,,:-:,.:.....,.,. _,,'c,.-.: .....:...:._.,.-.,'..,. -'>;_::._'.":,: :>:,'", ,'"..': :...'...,....... ...., .. :0"",:",_"""" ,'.. ',_;... _ ".. " .".... ,,'._ ',.. ',.." ,'..', ',':_ .... ,.'.:_:. ..... _,_. .. :, ' ,',_,>_:_, ':_""'>"":':;:<:~ CIP PROJECTS IN DESIGN (continued) 'i':;:, I SANTA CRUZ RIVER SHARED USE PATH, PHASE I AND II: This Project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the EI Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. The Project has been re-scoped and now consists of building a shared use path between Coyote Trails School and EI Rio Park in the over bank and intermediate bank areas of the Santa Cruz River. The Project is funded under ADOT's Transportation Enhancement Program. Estimated Construction Time: Third quarter of 2005 Status: The Environmental Determination (ED) has been accepted by ADOT. In late April 2003, the Town selected Castro Engineering for the path design and Structural Grace for design of the pedestrian bridges. The artistic concepts for the Project have been presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Art Project Committee, Continental Ranch, Sunflower Homeowners Associations, the Construction Committee, and the Building Committee. The project was advertised and bids were received; however, bids were rejected in the best interest of the Town. The Town is in the process of repackaging the construction plans to begin at Coyote Trails School and continue to EI Rio Park. This work is expected to be complete in the second quarter of 2005. /....-., DCR FOR CAMINO DE MANANA! DOVE MOUNTAIN EXTENSION: This Project involves the development of a Design Concept Report for the possible realignment of Camino de Manana from its intersection with Linda Vista Blvd to an alignment with Dove Mountain Blvd at Tangerine Road. Status: This Project is currently on hold. MISSION STATEMENT: ,""-" "The Town of Marana Department of Public Works is committed to providing quality service by consistently delivering and maintaining reliable, safe public facilities with a productive, respectful, and ethical workforce" --__~~_..,,",.u·,'_·_~_,·..o " ,'.. .,~_.,"..~~-...._..-..""~.~~~._.,~.,"" DISTRICT PARK BANK PROTECTION: This Project consists of providing soil cement for bank protection along the west bank of the Santa Cruz River from Ina Road to Cortaro Road. Depending on the results of negotiations with property owners in the southern reach of this Project, the bank protection will extend from Cortaro Road, either to the Yuma Mine Wash, or to Ina Road Estimated Construction Time: 3rd quarter of 2005 Status: Tetra Tech is the Design Engineer. An individual 404 permit application has been submitted to the Army Corp of Engineers and is anticipated to be issued to the Town by the first quarter of 2005. Construction will begin after all permits are obtained, design is complete, and Rights-of-Way are acquired. - I ,"'~'''''''~~-~-::--------'-'-'-:''è'-'----:-:-~~-'''C~-~~~~~~,~~_",~ ... ·CIPPROJECTS IN DESIGN '(continued) TANGERINE FARMS ROAD IMPROVEMENT DISTRICT-TANGERINE ROAD TI TO MOORE: This Project consists of a new four-lane roadway with a landscaped median, curb and gutter, multi-purpose lanes, sidewalks, landscaping and drainage improvements. Estimated Construction Time: To be determined Status: The survey for the Project is complete. The Notice to Proceed for the design phase was issued in January 2005. The Design Concept Report is expected in the second quarter of 2005. HONEA HEIGHTS SEWER IMPROVEMENTS: - This Project consists of constructing/installing the sanitary sewer mainline and incidentals for the residents of the Honea Heights Subdivision. Estimated Construction Time: Notice to Proceed scheduled for July 2005. Status: The plans have been approved for bid by USDA Rural Development. Advertising for bids is scheduled for 11 April, 2005 with bid opening taking place 4 May, 2005. DCR FOR THE INA ROAD CORRIDOR PROJECT: This Project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thornydale Road, 1-10, and Orange Grove Road. Status: This Project is currently on hold. SITE SAFETY ~, Construction sites ~ are dangerous CW) ® Hard hats must be worn on this site No admltrancc 10 unau!honsed personnel ,- INA ROAD BRIDGE IMPROVEMENTS- BRIDGE OVER THE SANTA CRUZ: This Project consists of constructing a new bridge over the Santa Cruz River and demolishing the existing bridge. Construction will also include rehabilitating the existing Grade Control Structure, and reconstructing the soil cement bank protection on the east and west side of the Santa Cruz River. The reconstruction of the bank protection will include provisions for a pedestrian path. Estimated Construction Time: 2008-2009 Status: The Bridge Improvement Plans, Design Concept Report (OCR), Bridge Selection Report, Bridge Stability Analysis and the amended Bridge Inspection Report have been submitted to ADOT's Phoenix office. The Town is awaiting final approval of the ACOE Permit. MOORE ROAD IMPROVEMENTS: This Project will involve the development of a Preliminary Design Report and subsequent final Construction Documents. The Project consists of improvements to driving surface and drainage crossings from Camino de Oeste to Thornydale Road. Estimated Construction Time: To be determined Status: Plans, Specification, and Estimate have been transmitted to the Developer for construction. ,,'-' r I .::--,:.i.......'.'.,:.:.:.,..':.:,.......,.......:.."."..;....,...:. ........... . ...... .......... -,...'.............'...........'.-,..".".....-.......,......,..::','.. ... .... '. .. '. . ,;...,...;...:'..'...-.'".'...,:-.,...."......:.,.,.,........,--...'.......,-'.'...--........---.--.,.".......'..:'>'.:..'.--.......':',.':" :.::........-.. ""': ..::...:.... ..'.".::.....:.. CIPPROJECTS IN DESIGN (continued) --~.~~.~'~.~~~-~.,------~.~~~-----:-~.~_._~~------,.~.- DCRlDESIGN OF BARNETT LINEAR PARK AND FLOOD CONTROL PROJECT: This Project involves the development of a Design Concept Report for the Barnett Linear Park and Flood Control Project. The Project consists of utilizing the existing Barnett Roadway alignment for a major Stormwater Conveyance channel/linear park from 1-10 to the Santa Cruz River. Estimated Construction Time: To be determined. Status: Survey, Aerial Mapping, Environmental Assessment, Cultural Resources Assessment, and Geologic/ Subsidence Assessments are substantially complete. The Hydrology and Hydraulics Study is at the 90% level and will be substantially complete at the end of March, 2005. The transportation issues are being studied, and will be presented in the Design Concept Report at the end of June, 2005. The development of construction plans will begin after approval of the Design Concept Report in Fiscal Year 2005-06. ,- THORNYDALEROADIMPROVEMENT~ ORANGE GROVE TO CDO WASH: CORTARO FARMS ROAD-UPRR TO STAR- GRASS DRIVE: This Project consists of reconstructing and widening Thornydale Road to six lanes from Orange Grove to the COO Wash along with the reconstruction/widening of the approach roads, sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work are also included as part of the Project. Estimated Construction Time: 1 st quarter of 2006 This Project consists of reconstructing the roadway from two lanes to four lanes with a landscaped median, curb and gutter, multi-purpose lanes, sidewalks, landscaping, drainage improvements, and intersection improvements which includes a new traffic signal system at Cortaro Farms Road and Hartman Lane. An interim Project including turn lanes, a traffic signal, and a new Town of Marana waterline at the intersection of Cortaro Farms Road and Hartman Lane will be accelerated ahead of the final Project. Estimated Construction Time: Status: The 100% Improvement Plans have been received, the Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signal) Reports have been accepted. The Traffic Engineering and Access Management Reports have been accepted. HELP Loan funding has been approved. ROW acquisition and utility relocations will occur during 2005. Interim Project: 1 st Quarter 2005, 90 day construction period Final Project: 2nd Quarter 2005, 280 day construction period Status: Interim Project: Contract has been awarded. Notice to Proceed was issued in March 2005. Final Project: The 100% Phase 1/ plans have been received and comments returned to the Consultant. The Traffic Engineering Report has been accepted. Right- of-Way acquisition is in process. ~~~-~--------------- TWIN PEAKS INTERCHANGE: This Project consists of Environmental Assessment clearance, OCR, and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure east of 1-10, and connecting the existing roadway system to the east, Phase I!. ,- Estimated Construction Time: 4th quarter of 2006. Status: Staff has completed the review of all the reports/documents provided to the Town/ADOT/ FHW A, to this point in time. These documents include the Public Involvement Plan, Initial AASHTO Controlling Design Criteria Report, Alternatives Selection Report, Preliminary Geotechnical Report, Preliminary Drainage and Final Traffic Report, Biological Evaluation Report, Cultural Resources Report, Noise Analysis Report, Preliminary Initial Site Assessment Report, Visual Impact Analysis Report, Initial Location/OCR, and Preliminary Environmental Assessment (EA) Report. Consultant has revised the EA as the result of comments received from the Town, ADOT, and FHW A. The Consultant has transmitted the revised document to ADOT and FHW A for there concurrent review/comments. This concurrent review/comment process will have the effect of saving approximately forty-five calendar days. Staff met with personnel from FHW A and ADOT in February to discuss the logistics of receiving the federal funding allocated to the Project. The Town has been notified that funding in the amount of approximately $752,400.00 will be available for use by the Town. Town staff has had discussions with Randy Allenstein, Local Government Representative ADOT, regarding the agreement to be executed between the parties. ADOT personnel is in the process of providing the necessary Agreement. The Consultant and the Town are continuing to work on the public hearing which is an ADOT/FHW A requirement. With the concurrent review/comment efforts of FHWA and ADOT, the Town is hopeful that the Public hearing can be scheduled for the second quarter of 2005. The EA and OCR are anticipated to be completed in the second quarter of 2005, subject to the scheduling of the required Public hearing. SILVER BELL ROAD IMPROVEMENT-CORTARO ROAD TO INA ROAD: This Project consists of reconstructing the roadway from two lanes to four lanes with curb and gutter, multi-purpose lanes and sidewalks, and providing for a continuous center turn lane, sanitary sewer system construction, and intersection improvements at Ina/ Silverbell, which includes a new traffic signal system. Estimated Construction Time: 3rd quarter of 2005 Status: Environmental, Biological, OCR, Geotechnical Reports, Pavement Design Summary, Archaeological and Drainage Reports are complete and have been accepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the second quarter of 2005. The third year of Pygmy Owl Survey has been completed. The Town is in receipt of the final Sanitary Sewer Basin Study and the Study has been accepted by both the Town and PCWWM. A public open house was held on 15 January, 2004. The Town is working with ADOT to determine the best schedule to coordinate the 1-10 Widening Project with the Silverbell Project. The 100% plans have been received. HONEA HEIGHTS ROADWAY IMPROVEMENTS: This Project will involve the development of pavement rehabilitation and sidewalks for Honea Heights subdivision, located between Sanders and Sandario Road, between Moore Road and the Santa Cruz River. Estimated Construction Time: Following completion of the Honea Heights Sewer, approximately 1 st quarter of 2006. Status: The scope of work has been approved. Plans are expected in the second quarter of 2005. 5 I L ~~~,._~,--.~~.~--~~.~~-:-:~.~.~~~~-- CIP PROJECTS IN CONSTRUCTION TOWN OF MARANA MUNICIPAL COMPLEX: This Project consists of the design and construction of a new Town Government Complex and will integrate the Muniplex and surrounding facilities with the Ora Mae Ham Park which will eventually abut the Barnett Linear Greenbelt Park and Flood Control Channel that will run from 1-10 to the Santa Cruz River. This linear park will also serve as a relief conduit for excess water from the Tortolita Mountain's fan run off. Status: During March, 2005, D.L. Withers, the CM, completed minor punch list items in Buildings Band C (Marana Police Department=B and Courts=C) turned over to the Courts and Marana Police Department; Courts, MPD and 911/Dispatch Department personnel moved in February are settling into their new facilities. In the Building A (Council Chamber and Administration=A) interior finishes, carpeting, wall covering, painting, slate, tile, general finishes were completed. The light fixtures and the circular light were installed in the hanging Cloud in the Atrium Lobby. Goodman's completed their installation of fixtures, furni- ture and equipment (FF&E). The slate floor and the Town Seal in the floor of the Atrium Lobby as well as millwork were also installed. Installation, testing and commissioning of elevators is ongoing. Security, AudioNideo (AN) Controls, data and telecom, special systems installation continues in Building A. Work continues on closing the space between the links and Building A. (,1«-. After rain, Contractor has been able to install hardscape and lawn in the courtyard, and the installation of pavers was begun. The Contractor installed hardscape and landscape, including vegetation in the large planter north of the Council Chambers, between Building A and the roundabout/street. Exterior stonework is 95% complete, and exterior glass tile and signage at main building entrance is complete. Many who attended Founders Day got a closer view of ~_. the new facilities. Punch list and final inspections of Building A began this period. A model of the project is located in the Town Hall for viewing. TWIN PEAKS/PALM CANYON DRIVE: This Project consists of emergency roadway repair located in the Eastbound lane of Twin Peaks Road at Palm Canyon Drive, in Continental Ranch. In February 2005, a pavement failure was discovered at the above mentioned intersection, with immediate response required. Arizona Excavating was hired to remove the affected asphalt, excavate and replace the backfill material, and repave damaged area. Estimated Construction Time: Anticipated completion date is Mid-April. Status: The first area of excavation (20'x 40') was removed and replaced with granular material and compacted to the required specifications. The second are of excavation (20' X 20') detailed with utility lines, had all saturated material removed, replaced with granular material and again compacted to the required specifications. Traffic flow has been rerouted during construction with notices being provided to all residents affected by the area of construction. ---_._~..,;.."'"- .,,.-, ,- c ~~~~~~'-~---~---~----------""'-_..-~-------..- - ~-'-~-----l CIP COMPLETED PROJECTS TOWN SEAL: ART FOR MUNICIPAL COMPLEX: The Town has commissioned local artist To Ree'Nee Wolf Keiser to produce three Town Seals in Italian glass mosaic tiles to go into the new Municipal Complex. To Ree'Nee produced designs and a completed three foot seal to present to the Building Committee and to the Mayor and Council for approval. The pictures shown herewith in are two of the Town Seals in production. These Seals will be displayed throughout the new Town Complex. To Ree'Nee is also producing a four foot diameter Seal that will go on the wall behind the Council Dais in the Council Chamber. VALUE STATEMENT: Our operating values are: Satisfaction, Respect, Service, Communication, Reliability, Quality, Consistency, Productivity NORTHWEST MARAN A TOWN CENTER. ROADS, INFRASTRUCTURE, AND OFF-SITE IMPROVEMENTS: This Project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: Civic Center Drive has been opened up from Barnett Road to the Marana Apartments and Marana Main Street. Civic Center Drive opened to the NW. Fire Station #36 during February. Street lighting has begun on these streets and will be complete in April. Landscaping, sidewalks, and paving installation on Main Street and Civic Center Drive is progressing and will continue through April. Underground utilities on Grier Road were complete in April. Curbs, sidewalks, and paving on Grier Road and Civic Center Drive at Lon Adams is expected to begin 18 April and continue through early July, 2005. SUMMARY OF COMPLETED PROJECTS PAVEMENT PRESERVATION 2000 PAVEMENT PRESER V,\TION COl\fPLETED JUNE 2000 2001 PAVEMENT PRESERVATION COI\fPLETED JULY 2001 2002 PAVEMENT PRESERVATION CŒvfPLETED JUNE 2002 2003 PAVEMENT PRESER VA TION COI\1PLETED OCTOBER 2003 2003 WADE RD OVERLAY, W OF SILVERBELL COI\fPLETED DECEMBER 2002 PARKS CONTINENTAL RANCH NEIGHBORHOOD PARK C.R. PARCELS 13 & 14 COI\fPLETED FEBRUARY 2004 $347,400.00 $511,700.00 $1,035,900.00 $1,082,500.00 $46,700.00 $2,608,600.00 SANTi\ CRUZ CORRIDOR TRAIL PHASE I COlvfPLETED APRIL 2004 $128,700.00 COYOTE TRAILS ELEMENTARY SCHOOL PARKING AND SPORTS FIELD IMP. COI\fPLETED FEBRUARY 2003 $895,200.00 EL RIO PARK COI\fPLETED DECEMBER 2003 $213,300.00 TRANSPORTATION EMIGH ROAD, SANDARIO TO SANDERS CŒ'vfPLETED AUGUST 2001 $996,100.00 NEW WESTBOUND CORTARO ROAD BRIDGE OVER THE SANTA CRUZ RIVER COI\fPLETED MARCH 2002 $3,165,400.00 CORTARO ROAD II\fPROVEMENTS, SIL VERB ELL TO 1-10 COI\fPLETED FEBRUARY 2003 $7,941,700.00 SANDRA ROAD BUS TURNAROUND COI\fPLETED JUNE 2003 $17,400.00 EMIGH ROAD DRIVE\'?,-\ Y /DRAINAGE, AT I\1ARANA HIGH SCHOOL COI\fPLETED JUNE 2003 $17,000.00 CORTARO ROAD REALIGNMENT, 1-10 TO CERIUS STRA VENUE COI\fPLETED JULY 2003 $876,700.00 LINDA VISTA BLVD., EL CAMINO DE MANANA TO 1/4 MILE WEST OF HARTI\1AN COI\fPLETED APRIL 2004 $82,900.00 SUMMARY OF COMPLETED PROJECTS (continued) SCENIC DRIVE Ii\fPROVEÌ\ŒNTS CŒvfPLETED JUNE 2004 TANGERINE ROAD, BREAKERS TO THORNYDALE COMPLETED APRIL 2004 TANGERINE ROAD PARK AND RIDE COl\fPLETED SEPTEMBER 2004 TANGERINE/THORNYDALE Il\fPRO\'EMENTS & TRAFFIC SIGNAL INSTALLATION COMPLETED DECEMBER 2004 TRAFFIC SIGNALS/LIGHTING TRAFFIC SIGNALS, INA/ SIU'ERBELL INTERSECTION COSTCO DRIVE STREET LIGHTING TRAFFIC SIGNAL @ SILìŒRBELL/WADE SAFETY IMPROVEMENTS HANDICAP RAMPS AT VARIOUS LOCATIONS COl\fPLETED FEBRUARY 2002 COACHLINE BLVD. SIDEWALKS LANDSCAPING, N/O TWIN PEAKS COl\fPLETED FEBRUARY 2002 COl\fPLETED MAY 2003' COMPLETED JANUARY 2005 COMPLETED OCTOBER 2003 - $279,500.00 $1,589,600.00 $305,600.00 $1,426,382.54 $124,000.00 $41,200.00 $211,825.15 $97,700.00 $289,200.00 - ~ '-~'~C-~~~--'~'-'-~'''''''''''''''''-~~~.-------'-'-.~~~-".~'~~_~C-~~_~~. ':;'-'-':':"',"- -":,'.' ,':'_:-,'., '-".-.""-:-'-_"-':"-""-'-:":::::'>'::>:::'<':<' TRAFFIC ENGINEERING· DIVISION TRAFFIC SIGNAL at TANGERINE ROAD/DOVE MOUNTAIN BLVD. INTERSECTION The Town is working together with a Dove Mountain developer to have a traffic signal installed at the Tangerine Road/Dove Mountain Blvd. intersection. The signal design phase has been completed and the Project has been advertised and awarded. It is anticipated that the signal will be in place some time this summer. ALL-WAY STOP CONTROL AT THE SANDARIO ROAD/ TWIN PEAKS INTERSECTION: -,:,- The results of a traffic study found that the installation of an all-way stop control is warranted at the Sandario RoadfTwin Peaks Road intersection. It is anticipated that the installation of the required traffic signs and pavement markings to establish the all-way stop will be completed in early June 2005. In order to properly advise motorists about the upcoming traffic control change at this location, advance notice signs will be installed on all legs of the intersection approximately one month prior to the all-way stop installation. We expect that the overall traffic safety at the Sandario Road/ Twin Peaks Road intersection will be greatly improved by the installation of the all-way stop control. - TRAFFIC SIGNAL at SILVERBELL ROAD-WADE ROAD INTERSECTION (completed project) A traffic signal study conducted at the Silverbell Road/Wade Road intersection found that the installation of a traffic signal is warranted at that location. The signalization will make this a much safer intersection for motorists exiting Wade Road, pedestrians crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/ Rescue District's Station on Wade Road. The signal was activated and became fully operational on 6 January, 2005. A ribbon-cutting ceremony, sponsored by the Continental Ranch community, was held on 23 January, 2005. SAFE ROUTES TO SCHOOL PROGRAM The Traffic Engineering Division is in the process of finalizing the Town of Marana's Safe Routes to School Pilot Program at Twin Peaks Elementary School. The Town of Marana's Safe Routes to School Programs' goal is to develop educational, engineering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. Via the Pilot Program at Twin Peaks a documented process was developed so that those immediately involved with the program (Department of Public Works' Traffic Engineering Staff, police, school administration, teachers and parents) all understand the procedures and their respective roles in the process. Town Staff will continue to work with the Safe Routes to School Committee for Twin Peaks to implement a safe routes plan and an educational campaign for the school. The Committee includes the school's Principal, the school's Police Resource Officer, the Marana Unified School District's Director of Operations, and Scott Leska of the Department of Public Works Staff. CORTARO FARMS ROAD/HARTMAN LANE INTERIM SIGNAL PROJECT The Town's Cortaro Farms Road Project, which will widen the road to four lanes with a raised median from the Union Pacific Rail Road tracks east to Star Grass Drive, involves two phases. During Phase I an interim traffic signal will be installed at the Cortaro Farms Road/Hartman Lane intersection, along with an east- bound left-turn lane on Cortaro Farms Road and southbound right-turn lane on Hartman Lane. This Project, which should greatly enhance the traffic safety at that location, has been awarded to Dar-HiI Construction. Utility Pole relocation is complete; water line and signal installation have begun. c_ -- ~-- ------~---~~---~--~~~-~- I ~>, .. c. .... ',' .,_.. ': .... : < <'>:',: ':...>.,.,',.,,<::',-·<·i >.,' ,"',' ,: ',.:.... ',' ,_. ," ',.<,- "::-'_.. .,', ...... ,.... .. -,'. _._,:: .... .:- '0 c. .... " ,'.. .:,': ,"'''''''', .. ._.. .... ,,' :,": '.......:.:, .-'>'" ..:.~":.">." -'_,,",:,',_::',', " :,.,:,,';'::."_:"..';:<" ',"',>"..:> : :,,_\--, :....::-. :-,_,__,.:.::'" ""_ '_,' .. .. .. ...,.......-...-:..'...'......'....'... .... .-....,'.. ,....:... "" ....,. -,', ,',' ........ ','"" .......,' ....,........'.,-:.,........-,.- ..,;.,.,.'....'..,.'.,.,-..,..,...-...-...,....,.....'',':: ....,.,..:....,-.,.,...':....,..-., cENVIRONMENTAL ENGINEERING DIVISION I i ~ HABITAT CONSERVATION PLANNING: The Town of Marana's Habitat Conservation Plan (HCP) considers six species in total. There are specific strategies for four of these species. These four species include the Tucson Shovel-Nose Snake, the Ground Snake, the Cactus Ferruginous Pygmy Owl, and the Burrowing Owl. The conservation measures used in the strategies for these four species also acted as conservation measures for two additional species, the Lesser Long-Nosed Bat and Pale Townsend's Big-eared Bat. ,~ STATUS: The Town is currently in the process of applying for the "year 3" grant from the Arizona Game and Fish Department. The Town is also working the IGA for the year 2 grant. These items were discussed at a meeting with USFWS 4 April, 2005. THE BURROWING OWL - THE GROUND SNAKE "".-, ¡ --~~'-~'-' ---"--~-~---"~~ <>.<........_... ,-- c.:'. ". ............... .' ". ..·.c.·· ·c·· ..'......:.. . '.' <.:': .:..:.... ". ...... .. " . .:.: ...... . ..:::....,.:.... ::". ...:.... .:.._.... :......._ .<>,:.: ..,: ". ...,::.,~..-:._;. ENVIRONMENTAL ENGINEE.RINGDIVISION( continued) FLOODPLAIN UPDATES: Number of Permits Processed: 0 (March): 2 Processed from February Number of Flood Hazard Information Sheets Completed: 36 Three Marana staff members will be attending the spring Arizona Flood Management Association meeting in Safford, Arizona, 4 May- 6 May, 2005. CERTIFIED LOCAL GOVERNMENT: ~- The Environmental Division and the Planning Department are working together on trying to organize the application for the Town to be designated as a Certified Local Government (CLG). This certification is through the State Historic Preservation Office. It requires a Cultural and Historical Preservation Board to be active in surveying and inventorying the cultural and historical resources in the Town, as well as in reviewing development issues that would affect the Town's cultural and historical features. The CLG process requires us to develop an overlay of the general areas of the Town containing cultural and historical features that should be considered for preservation during the planning review process. The features chosen by the Town to be preserved will eventually include a historic district and will establish a visual and tangible lesson on the rich history and culture of the area for future generations of residents and visitors to learn about and to appreciate. Certification under this program would offer the Town opportunities to receive grant funding for preservation projects in the Town. This Project is currently on hold due to staff workloads. SUNFLOWER CITIZEN'S ADVISORY COMMITTEE: Environmental Staff met with a citizen's group from the Continental Ranch area on January 27,2005. These citizens are interested in the creation of a Citizen's Advisory Committee, along the lines of the one that the City of Tucson is now organizing. This will be a good move, as often, the municipality can get volunteers on these committees who are retired from a career with years of expertise in an area that is very useful. STATUS: The Environmental Division has spoken to PDEQ and transmitted results of that conversation to the group. One member of the group attended an EPAC meeting with Lisa Duncan on 4 March, 2005 at Pima Associated of Governments. BERRY ACRES LOMR: BLM CONFLICT RESOLUTION: Town of Marana is working with the Bureau of Land Management (BLM) and various stakeholders on addressing recreational shooting issues on the BLM, Forest Service and other Public lands. Status: Planning continues for the second public workshop, tentatively scheduled for 7 May, 2005. EXPANDED TORTOLlTA PRESERVE CONCEPT: The Town of Marana's Tortolita Preserve consists of 2400 acres. The Town of Marana is looking to expand the existing 2400 acres of Preserve land by an additional 16,200 acres. The Town has started a dialogue with the Unites States Fish and Wildlife Service, the Bureau of Land Management, and the Arizona State Land Department. This Project would benefit the residents, the environment, and potentially assist with the recovery of an endangered species STATUS: Continued on-going coordination between Town staff and State Lands staff to see what is a feasible option for acquiring state land for preservation of open space. This Letter of Map Revision (LOMR) will potentially remove the majority of the Berry Acres Subdivision from the Federal Emergency Management Agency (FEMA) floodway. The properties will remain in the floodplain designated as a Zone AE, but will allow for development and redevelopment in the area. STATUS: This LOMR became effective March 10,2005. The Town of Marana is working with the Pima County Flood Control District and affected residents for the acquisition of properties that are still located in the floodway. .- I j '~~~~~'--"'~~-"""--~""--~~"'-"'----"'--'~~'---'--~-----'-'~-~'~-~~-~ ~~-- .. .. .... -',- .... .......:,' ....... :0' ..... .." :,,' ....,.".. ': ....'....:....'..:...:::.....: ',......-.:>.........<.:..,.:..:_i.> ,..:'.....-.', '.··c··..:..········:,..·:.. .,....:.,.-:..- .....:-.. ,,0-; ',:. "':. .,"', ,- " .'," ',...... " " ...... ".... .. ..... .... .." ,;,'.. .... .. ",...... .. _.... .".. "', ..... .........,...... .. .. ',_ ,: ':_0. ", '0' " ': ':", ...._,.,....._,. ":_"..::'" _'_':',"':<:: ENVIRONMENTAL ENGINEERING DIVISION (continued) .." ..'", " .. .. .... .... ..... .. " -.. .. ..".. ........ ~"o.........:.... '. ....... .... ,', .... ..,' ..'",...... .. .... .. ..".......... .... ........ ',' ...... " .... .. .... .'.... _', .." _.... ".. ...." .... "'.. ,_,_, .." ,'....,""",.... '_,".. "_', ..... .... '.'. ARIZONA POLLUTION DISCHARGE ELIMINATION SYSTEM: This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance, they are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Runoff Control 5. Control of Post-Construction Site Runoff 6. Pollution Prevention and Good Housekeeping. ,~ STATUS: The Environmental Division of the Town is finishing up Storm Water outreach at surrounding schools. The last Outreach program was presented to a140 5th graders at Ironwood Elementary School. The Program reached a total of 23 classes, and 533 children. Of that 533, 411 children from Marana Middle science and social studies class were presented with Stormwater Pollution Prevention information. Teachers enjoyed the presentations and look forward to future collaborations. Arizona Water Protection Fund grant opportunities are available. The Town is working with Consultants for grant application submittals. SANTA CRUZ VALLEY NATIONAL HERITAGE AREA: The vision of a National Heritage Area designation for the Santa Cruz Valley in Southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to preserve historic structures and archaeological sites; to educate the public about the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to improve cultural ties across the U.S.-Mexico border. STATUS: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Preservation and development is ongoing. MAKE A SPLASH (lEAN UP YOUR TRASH TITLE 16-EFFLUENT RE-USE PLANNING: The Title 16 process began several years ago as a regional effluent re-use planning effort, which was initially coordinated by the Tucson Regional Water Council. Title 16 is a funding mechanism available through the Bureau of Reclamation that offers 50% Federal matching funds for planning and 25% Federal matching funds for construction of water infrastructure projects that meet the programs criteria. STATUS: This Project will take much of the agriculture on the south side of the river off groundwater, protect water quality in our aquifers, and provide a reliable, low-cost water supply for the agricultural economy. We will also have the backbone of a non-potable supply system on the south side of the Santa Cruz, which will be able to supply turl and exterior use if that area urbanizes in the future. We are currently working with the Bureau of Reclamation on providing water consumption estimates for parks and turl areas along the pipeline. r·iNV¡[liONMEN~ At ENGrNI:E~;"~~~9~itCc)Í1tiriuedJ ..- PROPOSED MITIGATION LAND DEVELOPMENT: The Environmental Division is currently developing a log and map of the existing and proposed mitigation lands for the Town of Marana. The purpose of this Project is to provide information and support for the Tortolia Fan Overlay and the Town's Habitat Conservation Plan (HCP) and future developments within the Town of Marana. This map will provide information on the maximum percent disturbance and the binding agreement that requires the mitigation. ,,;~ SCENIC DRIVE RESTORATION: Environmental Staff has met concerned citizens interested in work to restore portions of the Scenic Drive wildlife corridor. -- STATUS: The Environmental Division is in the scoping stages of this Project. Meetings with local residents and other interested parties have identified specific areas of concern. TRES RIOS DEL NORTE: This Study is a cooperative effort between the City of Tucson Water Department, Pima County Flood Control District and the Town of Marana in conjunction with the United States Army Corps of Engineers. The purpose of this Study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for potential projects such as habitat restoration, water supply, flood control, and recreation. STATUS: The Town of Marana is working with staff of other governmental agencies to develop the best overall plan for the Town. A 75% product is expected for the F-5 study around June 2005. The F-5 document is not expected to be 100% until the first quarter of 2006. 14 .~ SAGUARO SPRINGS: Master planned community block plat that covers section 18 of T12S, R2E. Project will include large drainage channels, several subdivisions blocks, major infrastructure, and major offsite improvements. DEVELOPER: Empire Company DESIGN ENGINEER: Stantec KEY INFRASTRUCTURE: Improvements to Lambert Lane, Airline Drive, and Twin Peaks Road. New interior roadways include some of the first use of new details from the arterial design committee. Large drainage outfall channel to be constructed onto state land with possibility of developer acquiring the state land for a regional detention basin. Sanitary lift station and force main will be constructed to bring sewage over Tucson Mountain. TIMEFRAME: Currently grading superpads and channels at-risk. Block plat approved, improvement plans under review, individual blocks also under review. CONTINENTAL RESERVE BLOCK 10: ,,- Block 10 of Continental Reserve-residential DEVELOPER: Canoa DESIGN ENGINEER: Stantec KEY INFRASTRUCTURE: Residential streets only TIMEFRAME: Complete, pursuing close-out CONTINENTAL RESERVE BLOCK 9: Block 9 of Continental Reserve- residential . Urgent Care center being constructed on Block 20 of Continental Reserve at the intersection of Continental Reserve Loop and Silverbell. DEVELOPER: Diamond Venture for Northwest Medical Center DESIGN ENGINEER: Rick Engineering KEY INFRASTRUCTURE: Miscellaneous utility extensions. Interior street similar to industrial collector (private ). TIMEFRAME: Has final plans and is under full construction. IRONWOOD RESERVE: Part of final build-out of continental Reserve, Ironwood Reserve is comprised of four blocks under the Pima Farms specific plan. Project covers the NE quarter of section 29 of T12S, R2E. Block 4 will be gated with private streets. DEVELOPER: Meritage and Pulte DESIGN ENGINEER: Morrison Maerle did the design Plans. EEC is the engineer of record for three of the blocks. KEY INFRASTRUCTURE: New pavement on Pima Farms Road from Continental Ranch to the edge of Ironwood Reserve's boundary. TIMEFRAME: All blocks have final plans and are currently under permit. Pima Farms Road has its first lift of asphalt and will be finished shortly. DEVELOPER: Meritage DESIGN ENGINEER: Stantec KEY INFRASTRUCTURE: Residential streets only. TIMEFRAME: Complete, pursuing closeout · ~ ..... MARANA DA TE: April 12, 2005 TO: Mayor and Council Members FROM: Ed Stolmaker, Executive Director SUBJECT: First quarter 2005 review The figures below show the number of new businesses, revenue, and the businesses in Marana that joined the Marana Chamber of Commerce compared to the first quarter of2004. 2005 Total new Members 2004 Total new Members Difference: + 12 25 Revenue $5977 13 Revenue $2000 + $3977 Marana businesses that joined the Marana Chamber in the 1st quarter Northwest RV & Storage Curves for Women Marana Dental Care Coldstone Creamery Teddy's Dog House M&I Bank Lasertel Evergreen Smile Tucson Dentistry Visitor center 1st quarter statistics VISITORS 2005 2004 In state visitors 181 108 Out of state visitors 889 234 Foreign visitors 226 33 TOTALS 1296 375 13881 N. Cas;] Grande Highway "Marana, ./\rjzond 85653 .. Phone 682-43J4 ft Fax 52 OJ 682-2303 MAIL Tourism requests Relocation requests Business requests TOTALS 20052004 18 9 28 33 18 19 64 61 WEB SITE VISITS 6931 7414 Ribbon cuttings for the first quarter Dream Dinners Curves for Women Al1tel DM Federal Credit Union Visitors' Center The Chamber is carpeting the visitors' center area. With the increase in traffic and a good possibility that we will be in this building for a few more years it is important that we freshen up the look of the Chamber. The building is the first contact many people have with Marana and it needs to reflect the proper image. Events and Activities Bowling Tournament. The Chamber had their second annual bowling tournament on February 5. The major sponsor for the event was Empire Properties, with the Town of Marana providing additional support. Over $500 was collected for children's books for the Marana Health Center "Outreach and Read Program". State of the Town address. The Chamber sponsored the 2005 State of the Town Address. Due to the considerable efforts of Chamber members and Town staff, the event was sold out and very well received. The Chamber would like to sponsor this as an annual event. ~ Programs B3 Program - Growing Communities One Business at a Time. Much of the effort in building a community, centers on bringing in new business and sustaining existing businesses to keep them viable. It is estimated that as much as 80 percent of the opportunities for new jo bs comes from businesses already existing in a community. The Marana Chamber has partnered with the Tucson Metropolitan Chamber to gather this information :trom the Marana Businesses. The B3 Pro gram utilizes periodic surveys and interviews along with the innovative technology to devise a rating of companies in our community. Five companies have been interviewed to this point. This information will be available at the end of the year. It should be noted that an integral part of this program is that you have a face-to- face meeting with the CEO or owner of each company. This contact demonstrates to the businesses that the Town of Maran a cares about them and wants to hear what they have to say. In closing, the Marana Chamber of Commence would like to thank the Mayor, council and staff for their support of the Marana Chamber of Commerce. ~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. A. 1 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director SUBJECT: Resolution No. 2005-40: Relating to Development; approving a final plat for Continental Ranch Parcel 39. DISCUSSION Pulte Homes is requesting final plat approval of a 51-lot single family detached home subdivision on approximately 10 acres within Continental Ranch Parcel 39 east of Coachline Boulevard and approximately one-half mile north of Twin Peaks Road. The land use designation for Parcel 39 is School (S) per the Continental Ranch Specific Plan. Under section V.C.lO of the Plan, "If any ofthe 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 rêsidences 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. Pulte Homes is providing a minimum of 9,435 square feet of improved recreation area to meet their on-site park requirement and the adopted Park Development Impact Fee of $2,884 per dwelling unit, payable at building permit issuance. Pulte Homes will also pay the established impact fee of $2,435 per dwelling unit as part of the Marana South Transportation Benefit Area. ATTACHMENTS Application and locator map. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-40, approving a final plat for Continental Ranch Parcel 39. This Final Plat is in conformance with all required developrnent regulations. SUGGESTED MOTION I move to adopt Resolution No. 2005-40. PRV-0408l Continental Ranch Parcel 39 FP TC 04l905.doc MARAN A RESOLUTION NO. 2005-40 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CONTINENTAL RANCH PARCEL 39. WHEREAS, Pulte Homes, the owner of Continental Ranch Parcel 39, has applied for approval of a Final Plat for 51 single-family residential subdivision on 10 acres, including lots 1 through 51, and Common Area "A", generally located east of Coachline Boulevard and approximately one-half mile north of Twin Peaks; and WHEREAS, the Town of Marana approved and adopted the specific plan for the area known as Continental Ranch on April 5, 1988 (Ordinance No. 88.09), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, the Town Council, at their regular meeting on April 19, 2005, has determined that the Continental Ranch Parcel 39 final 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 final 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 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2005-40 -- ~-:~ MARAN A ~/ j '" TOWN OF MARANA Continental Ranch Parcel 39 Final Plat CASE NO. PRV-04081 tJ =VZì~ ~ ~ ~J U f=::f~ '/ ~~ ~/ ~ -- -3F~ ~~ ~'\ JILl-- ~ '3<~ '-of I-- ~ / ~ )i~ ->~~\V ::,: : ~~\~þ' 0 ~ :~ t / ~rop;rty". ~ ~ ~ ~:~: · ...... I H H I-- :1J ~ ~~\ .... ./\1 U~.~ _l..I1B- ~:~ '~~~L> ~ \\lSJ -r- k- ~. / /, Data Disclaimer IT I .\\ // ~ The Town of Marana provides this map Intormation"Asls" atlherequastot \ \ , the user with the understanding that It is not guaranteed to be accurate. . '\(\ '\ correct or complete and conclusions drawn trom such information are the '\~~~ )< responsibility of the user. I II ~ :! In no evont shall The Town of Marana become liable to use.. of Ih..e data. lG:,< consequential damagea.lncluding but not limited to time. money or "liti:J fl :-< goodWIll, arising from the use or modification of the data. " I , " .". .',' \- , JJ.. ~ t: ~ " JTwin:peaks Elementary Safeway I ... ~Wß }\~~~ ~ ~h ~ .: REQUEST I-¡equest for Final Plat approval of a 51-lot single family detached home subdivision on approximately 10 acres, located within Parcel 39 of the Continental Ranch Specific Plan. §~ "~ f~ J' a .¡¡ i' .~!!;¡¡oI m~lf. 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N N /' ¡~ nnncccccg~g~g~~ac~ t'&~~OUl.i..oINN-O "., Ci:;; ¡j; ~ r:; ~ ~~~~~~~~~8~~~~~~Š~ ~~~&&&~~~&~&&&&&~~~ '" i'ii ... t.oo t.oo t.oo '" ~ ~ ~~~~~;ø~~~~~~~~~~~~ ~~~~œ~~~~~~~~~~~~~~ Z <II <II ø (h OIgg~~~t: ~~~~.~ ~~ ~~N,~~ "~ "":E:IE:E::IE ~ :'" Y' ~ Id ~ ~.~8.~~ ~~~.~~ ~<ëi<Ci~~ i!i~:¡~~~:;¡:g~8g~ ~ uld~.iJ<.Jdgg _ N. " ~ "'P} ':)::; . 'if'; ~:I N&;OI~"'-."'~~, ,e') . . '1' . r;; BOOK PAGE TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director SUBJECT: Resolution No. 2005-41: Relating to Development; approving a final plat for Silver Shadows Lots 1-7 (preliminary plat approved as Silverbell West Lots 1-7). DISCUSSION The property owner is requesting final plat approval for a seven-lot single family detached home subdivision on approximately 24.3 acres of land generally located on the north side of Ina Road, approximately 1,500 lineal feet west of Silverbell Road within the R-144 (single family residential, 144,000 sq. ft minimum lot size) zoning district. This project is located within the Marana South Transportation Benefit Area and will be subject to the established impact fee. The subdivision will take access off of Ina Road, creating a cul-de-sac to serve the lots. An emergency access will be provided that connects this project with the Silverbell Place subdivision. This access will be from the end of the cul-de-sac through an easement into the adjacent Silverbell Place subdivision, The lots are restricted to a maximum grading area of 18,000 square feet (General Note number 18). The Yuma Mine Wash is located to the rear of lots 1 through 4 and is being dedicated as a public access and drainage easement by this plat. A 100- foot W AP A (Western Area Power Administration) easement runs along the easterly property line, affecting lots 1 through 6. The lots will be served with public sewer and water. ATTACHMENTS Application, location map and reduction of final plat. RECOMMENDATION Staff recommends adoption of the final plat for Silver Shadows Lots 1-7 (preliminary plat approved as Silverbell West Lots 1-7). SUGGESTED MOTION I move to adopt Resolution No. 2005-41. PRV-04081 Continental Ranch Parce139 FP TC 041905.doc MARANA RESOLUTION NO. 2005-41 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SILVER SHADOWS LOTS 1-7 (PRELIMINARY PLAT APPROVED AS SILVERBELL WEST LOTS 1-7). WHEREAS, Silver Shadows Development L.L.C., the property owner, has applied for approval of a Final Plat for a seven lot residential subdivision on 24.3 acres and is generally located on the north side of Ina Road, approximately 1,500 lineal feet west of Silverbell Road, within a portion of Section 35, Township 12 South, and Range 12 East; and WHEREAS, the Town of Marana approved and adopted a rezoning on November 16, 1999 (Ordinance 99.26), located within the corporate boundaries of the Town of Marana, Arizona; and WHEREAS, the Town Council, at their regular meeting on April 19, 2005 has determined that the Silver Shadows (AKA Silverbell West) Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Silver Shadows (AKA Silverbell West) Final Plat, a seven lot single- family residential subdivision within the R-144 zoning designation and generally located on the north side of Ina Road, approximately 1,500 lineal feet west of Silverbell Road, within a portion of Section 35, 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 19th day of April, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2005-41 .....-., Silver Shadows Final Plat CASE NO. PRV -02044 1000 I Data Disclaimer In no event shall The Town of Marana become liable to users of these data, or any other perty. for eny loos or direct, Indirect, opeelel,lneldentel or eonsequentlal damages, ¡neludlng but nol limited 10 time. money or goodwill. artslng from the use or modricaUon or the data. + The Town of Marena provid.. Ihle map informalion "AI Is" at Ihe ..quIst of the Uler with tho understanding that it II nol guaranteed 10 be aeeume. correct or complete and conclusions drawn from such information are the r.eponlibllity ofthe unr. REQUEST A request for Final Plat approval of a 7-lot subdivision in a R-144 zoning district. This plat was previously identified as Silverbell West. r:-~ MARANA ~/ '\" IOWH OJMAt,AHA TOWN OF MARANA Planning and Zoning Department 3696 W. Orange Grove Road'" Tucson, AZ 85741 (520) 297-2920 Fax: (520) 297-3930 PLANNING & ZONING APPLICATION Preliminary Plat Final Plat Development Plan Landscape Plan Native Plant Permit o General Plan Amendment o Specific Plan Amendment o Rezone o Significant Land Use Change o Variance o Conditional Use Pennit o Other Assessor's Parcel Number s Gross Area (Acre/Sq. Ft.) Development! Pro 'ect Name Project Location Description of Project Silverbell West NE of Ina / Silverbell 7 Lot S.F.R. Subdivision General Plan Designation (To be confinned by staff) Current Zoning To be confinned b staf Proposed Zoning R-144 Same Property Owner Street Address DCK Investments, Inc. 2841 North Orlando Avenue Zip Code 85712 Phone Number J (520)~77-:8118 Fax Number (520) State AZ Contact Person Doug Kennedy Applicant Street Address Rick Engineering Company, Inc. 1745 East River Road, Suite 101 Zip Code 85718 Phone Number (520) 795-1000 City Tucson State AZ Contact Person James King 795-1000 Agent/Representative Street Address N/A State Phone Number Fax Number E-Mail Address I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application. (If not owner of record, attach written authorization from the owner.) Si ature FOR OFFICE USE ONLY Date Received 6 jthtj Received By ,fþ'7 L1.J2a.. 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() 'J!iI~~ §¡l'I~:! ~.~- 0 ~,,:!ilz jl; ~ I: &;: ~ "II ;: ¡t ¡t ;: I I ~i; i! - !I l!i~ III I ~ I;" . I ~ a I!~ i !I ; !lEg ~ I : !~il ; ! i ~= I 1 -~! - - ¡¡ . "' i - ~ Ib ~ ~ Iii ~ ~ i I:; ; ;¡ ¡ h~ i z ~ ~¡¡~ ; i ~~i ¡. I i ~h I . oil i ~ II ¡t I i~~=1 U¡¡! ~ ~~i~~ ~5b I !!!i~b ¡¡;Im ~ ;:~~! 'h~ ¡¡ !~¡!§ :.!! . i1Ii!l! -",a ~ =a¡¡¡a !!I~ I ¡Z§E 'Ii:i !I aiì3" ;..s i! ~aJ" . I~ I i:¡; ilg ~ ~;¡!!I ~I~ F ~I!iI~ ã"j i ;Ih d!i ~ 3" . ~ ~!I ~ ~~~~ B¡~ Ii f ~~~ ¡ ;~ '" BOOK PAG~ 0~~ ~~ ... ¡¡ :::... !~IÞ I:~~ ~ J~s~ -0 ~:;¡~ tn 'i· ~ ï ~d¡¡'" . 2;;:.. !'r ~ . UNSUBDIVIDED UNSUBDIVIDED ro.....ctRÐ5EC.35 ...11 00"15'04·' tl43.," ~IIIACIUI1Y." ^___"OO"tS·04·_'__11O.~_. i~ '" e~ ~ ~ ~ . II 1ft æI "" ~ I ø I~ ~ a s ¡~ iiI i I !Ii II> " i !~ ~ ø, I ~ ~I ~ I . i!l ; ill! . @ ø ! i ~ i g¡ m- ",0 r- I\Jt'I o:e ~ 0 ~ '110 ....... '" 0 ~ ~ ,¡,.:e 1....... Z <nt'l ~ ~ (/) f!"d r- ..¡ 'a r- U'J~ :I:... >~ t:' o ~ U'J U'J ~ ~ I BOOK _ PAGL- r- TOWN OF t.tARANA __,..."._.,.34 T._;.r~~_<' '- c :z m c ID o ::: o t'<\ o ¡¡ ~ ; "'- i~ ... ~ ) S ~ "ñ ~ g¡ :;~~: f' i3 Ii i" ... 0 i Eì !II ::: !j . ¡Pi I!I ~ ~ ã ~ . - ~ I! ~ I ~ i! ;;: ~ M ~ o ::: o t'<\ o I' 54 JÞ a~ 5!i~=~=Š¡;III¡¡:=§;a¡!.:¡r::~:~:;u:~I:n: 5 >- å=å.~iI:~=¥:i:=šg==~=i=~s~i:~2s3= a 55 ;i¡¡¡¡¡:m5¡¡¡¡¡¡;~5¡¡5~S~~;;~~~~~~ , '" r- 7.r /J2 'r.7 . 110 I ,... I ~ ø J JJl 711 I ;. ;t' UII 711 ~ IlIIJ U,. IZ'1 Q~al3a , (') C =~iiI~= ì!! :a ~~~~~ = ~ C JÞ ~~¡:~~ ~ ~ ~=;:== UIJ UIJ .,., U4 ;J~~~;J Š 88888 ¡¡¡ JtJ U!IJ 711 " , r- z . III q 0 ;;: iic qJÞ . ~ JÞ I4(J uœ ¢.1 . ~ ~ I~ I4ð n 711 I4ð 14,. I4IJ / ! ~ $ I I4ð \ as % , ¿. ~ ~ " r- ID> "om t'<\_ cnmr- ~c:&i 1D:u "OlD (¡)-t'<\ .¡.:::¡: Q)~ o :z ./ (' :' ~ ß ~~ IoU / IJI /' /' /W / / / 811 / / / /. / / / / / Ø'I 1- III r.n ~ ~ -~ !~i' ~ . ~ ;g " < 6 ~ N ... ~ r.n .t¡ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. Á. 3 TO: MAYOR AND COUNCIL FROM: Mike Reuwsaat, Town Manager SUBJECT: Resolution No. 2005-42: Relating to Health; supporting legislative changes to Arizona law to promote improvements in the availability of health care professionals and quality of health care in the Town of Marana and the State of Arizona. DISCUSSION The Town of Marana has been asked by the neighboring communities of Oro Valley and Sahuarita to join them in supporting legislative changes to Arizona law to improve health care availability and conditions in the state. Due to retirements, relocations and the increased liability and insurance costs, Arizona is losing health care providers faster than they enter the practice and the citizens of Marana and the entire state suffer declining health care quality. Since accessible and affordable health care is a vital part of any community, there is a clear need for health care reform in Arizona to address this Issue. As more Arizona municipalities sign resolutions to this effect, it will send a message to State Legislators that the health care quality issues must be addressed quickly and decisively. RECOMMENDATION Staff recommends approval of Resolution No. 2005-42. SUGGESTED MOTION I move to adopt Resolution No. 2005-42. RESOLUTION NO. 2005-42 RELATING TO HEALTH; SUPPORTING LEGISLATIVE CHANGES TO ARIZONA LAW TO PROMOTE IMPROVEMENTS IN THE A V AILABILITY OF HEALTH CARE PROFESSIONALS AND QUALITY OF HEALTH CARE IN THE TOWN OF MARANA AND THE STATE OF ARIZONA. WHEREAS, preservation of the public's health, safety and welfare is a primary responsibility of the Marana Town Council; and WHEREAS, the Town of Marana has strong relationships with medical care providers, such as the Marana Health Center and Northwest Medical Center; and WHEREAS, neighboring states have enacted legislation to retain and attract physicians and health care providers; and WHEREAS, Pima County physicians and other health care providers have relocated to neighboring states; and WHEREAS, an increasing number of Arizona physicians are retiring early, leaving the State or leaving the practice of medicine altogether due to increased liability and insurance costs; and WHEREAS, new physicians and other health care providers are not entering practice in the State of Arizona fast enough to compensate for physician losses; and WHEREAS, the State of Arizona ratio for physicians and health care providers falls well below the national average; and WHEREAS, health insurance premiums continue to escalate annually compounded by the reduced number of qualified Arizona physicians; and WHEREAS, the Town of Marana pays for employee medical coverage and 66% of dependant medical coverage for full time employees and part time employees after one year; and WHEREAS, access to quality health care is an important consideration of businesses expanding within, or relocating to the Town of Marana. TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-43: Relating to Development; approving and authorizing the execution of the Fourth Amendment to Gladden Farms Development Agreement; and declaring an emergency. DISCUSSION The First Amendment to the Gladden Farms Development Agreement provided for the aban- donment of Sandario Road between Moore and the Heritage House with title passing upon com- pletion of Heritage Park Road and Gladden Farms Drive. The abandonment was supposed to be accomplished through an exchange of right-of-way as part of a resubdivision of some of the blocks of Gladden Farms. The resubdivision of Gladden Farms Blocks 13, 14, and 15 has now been approved and recorded. However, since the resubdivision only depicted blocks located south of Tangerine Farms Road, it arguably did not abandon of Sandario Road between Tangerine Farms Road and Moore Road. Moreover, the First Amendment to the Gladden Farms Development Agreement provided that ownership of the old Sandario Road right-of-way would be effective only after completion of Heritage Park Road and Gladden Farms Drive. These factors have placed a cloud on the title to the old Sandario Road right of way south of Moore Road. The Fourth Amendment to the Gladden Farms Development Agreement presented for approval addresses these issues. It allows title for Sandario Road to transfer immediately, and obligates the Developer to maintain access from Moore Road to the Heritage House via Tangerine Farms Loop Road right-of-way and a temporary construction easement until Heritage Park Road and Gladden Farms Drive are completed. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-43, approving and authorizing the execution of the Fourth Amendment to the Gladden Farms Development Agreement. ATTACHMENT(S) Fourth Amendment to the Gladden Farms Development Agreement. SUGGESTED MOTION I move to adopt Resolution No. 2005-43. {00000668.DOC /} FJC/cds 4/13/05 MARAN A RESOLUTION NO. 2005-43 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF THE FOURTH AMENDMENT TO THE GLADDEN FARMS DEVELOPMENT AGREEMENT; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council find that the terms and conditions of the Fourth Amendment to the Gladden Farms Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Fourth Amendment to the Gladden Farms Development Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Fourth Amendment to the Gladden Farms Development Agreement attached to and incorporated by this reference in this Resolution as Exhibit A, for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of April, 2005. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney FJC/cds 4113105 {00000665.DOC I} FOURTH AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO THE GLADDEN FARMS DEVELOPMENT AGREEMENT ("this Fourth Amendment") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST, L.L.C., an Arizona limited liability company ("Developer"). The Town and the Developer are collectively referred to in this Fourth Amendment as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Developer owns the development project commonly known and referred to in this Agreement as "Gladden Farms," which is the land that is the subject of the document entitled "DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIZONA, FIDELITY NATIONAL TITLE AGENCY, INC. AND GLADDEN FARMS, L.L.C." recorded in the Pima County Recorder's office at Docket 11738, Page 1900 (the "Original Agreement"). B. The Parties amended the Original Agreement with the execution of the First Amendment to Gladden Farms Development Agreement dated February 17,2004, and recorded in the Office of the Pima County Recorder in Docket 12242, Page 1055 (the "First Amendment"). C. The Parties amended the Original Agreement and the First Amendment with the execution of the Second Amendment to Gladden Farms Development Agreement dated July 20, 2004, and recorded in the Office of the Pima County Recorder in Docket 12350, Page 5025 (the "Second Amendment"). D. The Parties further amended the Original Agreement, the First Amendment and the Second Amendment with the execution of the Third Amendment to Gladden Farms Development Agreement dated December 21, 2004, and recorded in the Office of the Pima County Recorder in Docket 12455, Page 1506 (the "Third Amendment"). Together, the Original Agreement as amended by the First Amendment, the Second Amendment and the Third Amendment is referred to in this Fourth Amendment as the "Gladden Farms Agreement". E. Paragraph 3.4 of the First Amendment requires the Developer to submit a partial re- subdivision of the Gladden Farms Block Plat, one purpose of which was to eliminate Sandario Road south of Moore Road and showing it as abandoned in favor of the Developer pursuant to A.R.S. § 28-7203 in exchange for the right-of-way dedicated pursuant to the Gladden Farms Block Plat and the new Heritage Park Road dedicated pursuant to paragraph 1.2.1 of the First Amendment. F. The partial re-subdivision required by paragraph 3.4 of the First Amendment was accomplished by the Final Block Plat of Gladden Farms Blocks 13, 14 and 15, approved by the Town on February 1, 2005 and recorded on February 4, 2005 in the Pima County Recorder's office at Book 59, Page 31 of Maps and Plats (the "Gladden Farms Re-P1at"). {00000664.DOC /} FOURTH AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT - 1 - G. General Note 25 ofthe Gladden Fanns Re-Plat provides: "By the approval of this plat, the Town of Marana hereby abandons Sandario Road (Twin Peaks-Marana Extension, Book 5 of Road Map Pg 84) within the NEl/4 of Section 33 and the NW1/4 of Section 34, T 11 S, R 11 E pursuant to ARS 28-7203 in exchange for new rights-of-way dedicated by this plat." H. Paragraph 3.4.1 of the First Amendment provided that ownership of the abandoned Sandario Road right-of-way would pass to the Developer after dedication and construction of Heritage Park Road and Gladden Fanns Road and after the extension of certain utilities necessary to serve the Heritage House. I. Paragraphs 1.1, 1.2 and 1.3 of the First Amendment required completion not later than December 31, 2004 for the construction of Heritage Park Road and Gladden Fanns Road and the extension of certain utilities necessary to serve the Heritage House. J. The Third Amendment extended the time for completion of Heritage Park Road to July 31, 2005 as a result of delays arising from negotiations concerning the disposition of Cortaro- Marana Irrigation District improvements affected by the construction. K. Because construction of Heritage Park Road and Gladden Fanns Road is not yet complete and because of the limited land area depicted on the Gladden Fanns Re-Plat, the status of the abandonment of the portion of Sandario Road from Moore Road to the south right-of-way line of Tangerine Fanns Loop Road is unclear. L. The Parties desire to address temporary access and utility conditions existing prior to the completion of Heritage Park Road and Gladden Fanns Road so that the abandonment of Sandario Road from Moore Road to the south right-of-way line of Tangerine Fanns Loop Road may be fully effective and so that the Developer may sell the underlying land free and clear of any possible cloud on title resulting from the fonner existence of Sandario Road south of Moore Road. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Fourth Amendment, the Parties hereby agree as follows: Article 1. Heritage House Access 1.1. Temporary Access Easement. Developer hereby grants a temporary access easement for vehicular and utility access over, along and under the land described in Exhibit A attached to and incorporated by this reference in this Fourth Amendment (the "Temporary Access Easement Land"), which easement shall remain in full force and effect until Gladden Fanns Road and Heritage Park Road are completed. 1.2. Maintenance of Vehicle Access to Heritage House. From the date of this Fourth Amendment until Gladden Fanns Road and Heritage Park Road are completed, Developer shall maintain a dirt road reasonably passable by conventional motor vehicle from the intersection of Tangerine Loop Road and Moore Road, over the Tangerine Loop Road right-of-way, and over the Temporary Access Easement Land to the Heritage House. 1.3. Elimination of Condition on Passage of Title. Paragraph 3.4.3 of the First Amendment is hereby modified to delete the clause stating that "ownership of the right-of-way shall not pass {00000664.DOC /} FOURTH AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT - 2 - to the Developer until the Developer has perfonned its obligations under paragraphs 1.1, 1.2 and 1.3" of the First Amendment. Article 2. Clarification of Third Amendment 2.1. Time Extension Applicable to Gladden Fanns Road and Utilities. The Parties hereby confinn that the extension of time for construction of Heritage Park Road to July 31, 2005 as granted by the Third Amendment also applies to the construction of Gladden Fanns Road and the extension of utilities addressed in paragraphs 1.1 and 1.3, respectively, of the First Amendment. Article 3. General Terms and Conditions. 3.1. Effect on Original Agreement and First Amendment. Except as expressly modified in this Fourth Amendment, the tenns, provisions and obligations of the Gladden Fanns Agreement shall remain in full force and effect. 3.2. Counterparts. This Fourth Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 3.3. Severability. If any provision of this Fourth Amendment is declared void or unenforceable, it shall be severed from the remainder of this Fourth Amendment, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perfonn any act under this Fourth Amendment, this Fourth Amendment shall remain in full force and effect, but the provision requiring the act shall be deemed to pennit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to tenninate this Fourth Amendment. 3.4. Governing Law. This Fourth Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 5.4 of the First Amendment, requiring disputes to be resolved by binding arbitration. 3.5. Interpretation. This Fourth Amendment has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Fourth Amendment for purposes of construing any portion of this Fourth Amendment for or against any party. 3.6. Recordation. The Town shall record this Fourth Amendment in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 3.7. Conflict of Interest. This Fourth Amendment is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. {00000664.DOC /} FOURTH AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT - 3 - IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the last date set forth below their respective signatures. THE TOWN: THE DEVELOPER: THE TOWN OF MARANA, an Arizona municipal corporation GLADDEN FOREST, L.L.C., an Arizona limited liability company By: Its Managing Member, Forest City Land Group, Inc., an Ohio corporation By: Bobby Sutton, Jr., Mayor Date: By: Dean Wingert, Vice President Date: ATTEST: Jocelyn C. Bronson, Clerk ApPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert, Vice President of Forest City Land Group, Inc., an Ohio corporation, Managing Member of GLADDEN FOREST, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. My commission expires: Notary Public {00000664.DOC /} FOURTH AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT - 4- Apr 08 05 03:59p Rick Engineering 520 322 6956 p.2 RICK TM ENGINEERING COMPANY LEGAL DESCRI:PTION THAT PORTION OF BLOCK 13 OF GLADDHN FARMS BLOCKS 13, 14, 15, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 59 OF MAPS AND PLATS AT PAGE 31, RECORDS OF THE PIMA COUNTY RECORDER BEING A RE-SUBDIVISION OF A PORTION OF GLADDEN FARMS BLOCKS 1 THRU 2S AND A THRV F RECORDED IN BOOK 55 OF MAPS AND PLATS AT PAGE 60, SAID RECORDS ÕFTHE PIMA-COUNTY RECORDER, DESCRIBED AS FOLLOWS: A 25.00 FOOT WIDE STRIP OF LAND LYING 12.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A 1/2 INCH REBAR (NO TAG) AT THE EAST QUARTER CORNER OF SECTION 33, TOWNSHIP 11 SOUTH, RANGE 11 EAST, GILA AND SALT RIVER MERIDIAN, ALSO BEING THE WEST QUARTER CORNER OF SECTION 34 OF SAID TOWNSHIP AND RANGE, SAID QUARTER CORNER BEING AN ANGLE POINT IN THE SOUTH LINE OF SAID BLOCK 13; THENCE NORTH 0°34'43" WEST 73.40 FEET UPON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE NORTH 2°2710811 WEST 204.30 FEET TO THE POINT OF TERMINUS ON THE SOUTH RIGHT OF WAY UNE OF TANC:iERINE FARMS ROAD AS SHOWN ON THE PLATS OF SAID SUBDIVISIONS, SAID RIGHT OF WAY UNE BEING THE ARC OF A CURVE CONCAVE NORTHEASTERLY; FOR REFERENCE, THE RADIUS POINT OF SAID ARC BEARS NORTH 30°15'04" EAST AT A DI~IANCE OF 2625.00 FEET FROM SAID POINT OF TERMINUS. . SAID STRIP TO BE LENGTHENED OR SHORTENED TO BEGIN ON SAID SOUTH LINE OF BLOCK 13, TO INTERSECT" AT THE ANGLE POINT AND TO TERMINATE ON SAID SOUTH RIGHT OF WAY LINE. THE BASIS OF BEARING FOR THIS DESCR£PTION IS THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 AS MONUMENTED BY SAID 1/;- INCH REBAR AT THE EAST QUARTER CORNER AND BY A BRASS DISC IN STREET WELL AT THE NORTHEAST CORNER OF SAID NORTHEASf QUARTER; SAID BEARING BEING: NORTH 0°34'43" WEST. G:\GLADDEN\3305\LEGALS\330SLGOCACCESS. DOC PAGEI0F2 1745 East River Road. Suite 101 . Tucson. Arizona' 85718 . (520)7~'5·IOOO · Fax: (520) 322-6956 . wW\Hickengineering.com DEVELOPMENT AGREEMENT AMENDMENT EXHIBIT Apr 08 05 04:00p Rick Engineering \ I .,.. \ \ 1\ 41\1 SECTION ( 33: \ I I \~ \ \ \ I I i 81< 59 PG 3 j II I I I I \ I BLOC}< II j 3 1\ I I 2.51 I I I I I I I I I I I I I I ) I / / _/. I ---- --- '-- GLADD.ËN F' ARJV1S r' r.' "" U r) H.t..Ü D.) _._.~...._,-r- ___ ~ SCALE: 1/1 = 501 ----- - o - - - --- ~ .., 0- ð o ". j? / .~ I ,¡;;; r ~ / -ð 1745 EAST RIVER ROAD· SUITE 101 ë2 TUCSON, AZ 85718 g;: 520.795.1000 g BNOINJ!DING CoMPANY (FAX) 520.322.6956 @ --- - -- ./ 520 322 SS5S p.3 SE'CT I O~ ~\ 34 '~ ~lvl$" ~ \ I ¡::. EXISTING 4 à/tf PAY ENT q', I I (~8 P . O. T . Sf( ~s( I 1/ I I S t~s¡-IY. 04 I ,oG't~¡-) () 60 BLOC1< 13 SUBJECT PARCEL _-!""'---- --- - I I ~. I I ;? I ~ I ø~ ......, I ~q~ \ I , . PAGE 2 OF 2 08-APR-200S G:*GLADDEN*330S*legals*3305LG01_ACCESS.DGN TOWN COUNCIL MEETING INFORMATION MEETING DATE: April 19, 2005 TOWN OF MARANA AGENDA ITEM: IX. A. 5 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-44: Relating to Real Estate; confirming the abandonment of Sandario Road south of Moore Road and north of the Santa Cruz River; and declaring an emergency. DISCUSSION This is a companion item to the Fourth Amendment to the Gladden Fanns Development Agree- ment. This resolution confinns and carries out the abandonment of Sandario Road south of Moore Road, as first addressed in the First Amendment to the Gladden Fanns Development Agreement. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-44. SUGGESTED MOTION I move to adopt Resolution No. 2005-44. {00000669.DOC /} FJC/cds 4/13/05 MARANA RESOLUTION NO. 2005-44 RELATING TO REAL ESTATE; CONFIRMING THE ABANDONMENT OF SANDARIO ROAD SOUTH OF MOORE ROAD AND NORTH OF THE SANTA CRUZ RIVER; AND DECLARING AN EMERGENCY. WHEREAS, the First Amendment to the Gladden Farms Development Agreement dated February 17, 2004, and recorded in the Office of the Pima County Recorder in Docket 12242, Page 1055 (the "First Amendment") anticipated the abandonment of Sandario Road south of Moore Road and north of the Santa Cruz River; and WHEREAS, the abandonment of Sandario Road was anticipated to be accomplished by exchange pursuant to A.R.S. § 28-7203 through dedication and abandonment of public rights of way depicted on a re-subdivision of a portion of Gladden Farms Block Plat; and WHEREAS, the re-subdivision of a portion of Gladden Farms Block Plat was accomplished by the Final Block Plat of Gladden Farms Blocks 13, 14 and 15, approved by the Town on February 1, 2005 and recorded on February 4, 2005 in the Pima County Recorder's office at Book 59, Page 31 of Maps and Plats (the "Gladden Farms Re-Plat"); and WHEREAS, the property depicted on the Gladden Farms Re-Plat did not include the portion of Sandario Road located between Moore Road and the south right-of-way line of Tangerine Farms Loop Road; and WHEREAS, the Town desires to clarify the status of title by confirming the abandonment of Sandario Road south of Moore Road and north of the Santa Cruz River. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. To the extent not already abandoned, Sandario Road south of Moore Road and north of the Santa Cruz River is hereby abandoned in favor of the abutting owner pursuant to A.R.S. § 28-7203 in exchange for new public roadway dedicated by the Gladden Farms Block Plat (Book 55, Page 60 of Maps and Plats, Pima County Recorder's office) and by the Gladden Farms Re-Plat. SECTION 2. The various Town officers and employees are authorized and directed to execute all documents and perform all acts necessary or desirable to give effect to this resolution. {00000667.DOC I} FiC 4113120054:41 PM SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of April, 2005. Mayor BOBBY SUTTON, JR. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {OOOOOOIO.DOC /} Resolution 2004-98 Tangerine Crossing DA - 2 - 7/1/200411:58 AM FJC TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 1 TO: MAYOR AND COUNCIL FROM: Kevin Thornton, P.E., Manager, Engineering Division SUBJECT: Relatim! to Real Estate: Presentation of the recommended improvements, costs and schedule for roadway improvements within the Honea Heights Neighborhood. DISCUSSION Staff will make a presentation of the recommended improvements, associated costs, and proposed schedule based on the direction given at the February 15, 2005 Council Study Session in four phases as follows: 1. The sanitary sewer mainlines will be constructed under the direction of Pima County. The construction Notice to Proceed (NTP) is scheduled to be issued by the County in July 2005. Construction of the sewer mainlines is expected to require nine months to complete. 2. Immediately following construction of the sewer mainline, the Town will issue a NTP to complete the pavement improvements. The pavement improvements consist of two inches of asphalt over six inches of lime-treated aggregate base. The lime-treated aggregate base will be completed by the County as a part of the first phase above. Treating the aggregate base with lime will ensure that the roadways within the subdivision will be left in a stable condition until the asphalt can be placed. The pavement improvements are anticipated to begin in the second quarter of 2006, with completion of construction occurring in approximately three months. It is not recommended that pavement improvements begin prior to completion of the sewer mainline as the Contractor could damage the newly placed pavement with heavy equipment. 3. It is recommended that RCS Connections be completed over three years due to budget limitations; however, if full funding is available, the RCS Connections could be completed earlier. Town Staff is in the process of evaluating this phase to see if a portion of the work could be completed utilizing Town forces. This could potentially reduce the cost of construction and the associated time frame. 4. It is recommended that the sidewalks be constructed following completion of the RCS Connections. This is due to the possibility of the sidewalks being damaged by the RCS Contractor who will be utilizing heavy equipment. Conceptual sidewalk locations are shown on the attached map. Honea Heights Roadway Improvements 2/24/20041:33 PM FJC The proposed schedule and associated budget necessary, based on the above infonnation, is summarized below: FY DESCRIPTION TOTAL MARANA TOTAL SANITARY SEWER CONSTRUCTION 05-06 (07/2005 _ 03/2006) $1,500,000.00 $ 510,000.00 ROADWAY IMPROVEMENTS (04/2006 - 06/2006) $ 710,000.00 $ 710,000.00 06-07 HCS CONNECTIONS* $ 396,000.00 $ 396,000.00 07-08 HCS CONNECTIONS* $ 396,000.00 $ 396,000.00 08-09 HCS CONNECTIONS* $ 396,000.00 $ 396,000.00 SIDEWALK IMPROVEMENTS $ 590,000.00 $ 590,000.00 PROJECT TOTAL $3,988,000.00 $2,998,000.00 * Per IGA with Pima County the Town will pay connection fees in the amount of$188,240. This has been distributed in three equal shares over the proposed three year connection period. The HCS connection for each property is estimated at $5000/HCS (~200 total connections). ATTACHMENTS Map of proposed sidewalk locations. Conceptual Construction Cost Estimates for Pavement and Sidewalk Improvements. RECOMMENDATION Staff recommends approval of the Honea Heights Neighborhood Improvement Plan including sidewalk locations, pavement section, construction cost estimates and time table for improvements. SUGGESTED MOTION I move to adopt the Honea Heights Neighborhood Improvement Plan including sidewalk locations, pavement section, construction cost estimates and time table for improvements. -2- Project Number: 2003-14 Prepared By: KT HONEA HEIGHTS ROADWAY IMPROVEMENTS SIDEWALK CONSTRUCTION CONCEPTUAL COST ESTIMATE 4/19/05 ~.~.,~:.,::.... ~'"..,.... " ") ¡ MA A ¡ IYlP .....~ ITEM NO. DESCRIPTION UNIT UNIT COST QUANTITY TOTALS! 1!AZPºIõSjº.BIGlt-li\l,l, .. .- t . .. . ............ I £~~=~~ìS1i~~--= 8 ¡ASPHALTIC CONCRETE TON $ 39.00 0 i $ ,_, ,,".m ":'9m:':i~ti~~~B~~~1~1i:~~~~¡~~~~~f~l~l~g~~~~¿~~~;~E~¡F~~CE" LS n ] - nToiiö·QiJ" l' . ,uf 1.000,00 j __J'º-_'Ji\g'g-ºlJt-I'TL..__'_m'_.'____.'m'''_''' _.. _,.,.,,__ . ___ FA J~_ __. _ 1.00 ..?,OOO $n_?'OOO,OO¡,.. ···-H-·~~~~~,I~~~~[Ä~~~~~8;Æft¡f~~~HŒ ,-"-,-",,. ..."",.,--- - ~~ ·l··,m 25~:~~' ~ .....n l '-: ¡ 13 ¡WATER VALVE RELOCA TION____,_",.,'__,_"___m__~.'_,_,__, "~i\__.,__ _$.__,_ 800.00 20.0."""....,} 16,0:0,...0:00." ~.:. ',."._..,.-._'.-'- . ml1,'n.§!º-t-I__PA~~I,,_,"'__...._._____"___, "",_'__ SF L____;!O,OO " _ , ·~·::·:~__}~:·:·~::·J~-~Q~~~~tiºH.IºR~ªI~~-pº~ªI,,'~~::,:"'~::=~:~~:~~:"::::::~"_":~:::~:::::~:~_~:__:::::_~~::__________~~::=::~_,_:,:,:,~",,::: --- ~~ __ --1_:----- 1~~:~~ ~ _.. l-- ___ ~ ___ 1_ ----- ----" -,"--,,"" _.11__JP~¡:;...M.I::~T__r.<!I\.RKING (WHITE HOT-SPRAYED THERMOPLASTlgJ(0,g,9.o:l,.__ ,___hE___ t __" 0.80___ 0 .~ ",_ "'_-=__~n-" _____ ..........,1..ª _,,·,~i\I,::;I::-ºf>i\\I,~r.<!~toJ.!:r.<!i\~~I::B,E!LlJL ~. _..'m"".. m, ..___ EA ,m n .$.. ...,_.8,00. 0 .., .$.,_ nt' ",l.9.~Cº.Nº-~I=.T.EI-iI::.i\DÉ~._... ,_". _ ... _ .., ... '" LF ... $... ..1;300 0 ,$. - I 20 :CONCRETE SIDEWALK' SF $ 4.00_.10g,OOO ~~ºº,:OÖööiJr u--ii--'SlJRVEy'MÓÑUME-ÑT' ..".. ...,.., ..."_u__u__ EA f"'250.00 0 $ _ ¡ ___2~__:¿;ºB:ªfÆLc:fIQ~Æu~.Ygii~,(L""r'iº,Çf.i'º,l.J.f,.___.__..,' ,_____,_un___ LS__ ..L_ ~ººO,OO 1 $ 500000 ¡ "" _."J,~º!'-!>~i\'I'ª!lI!Tº!i\,~,'_",.,',.,"'___.______,__"_ ... "."u=':j} .=__§0,100,(JIJ SUBTOTALS ___.,n . ------,.- ------- ---- ----..--- I 5% ~?º,O:6iJ;iJºrf .'-.-'.-'--"--'-- -..--"""-'..-....-'.-..-.-'"--.------..---.---'--.-.--""'.-----'----.---'.----,-.-.-.-.----- ----- -------------- ------------ --.-----.---.-.-..-.-.--.--""'.. MOBILIZATION LS _20ßOO.00 ~ """.,.,--,--,-,..",."-,,._,---- --'------" ==___+CONIi&~iEr:::=.==:::=:::=:::.::=:::::::=.:::,.:.:=:=="____.~~.______ __ LS ------ n...________ ______.__~ ---- ~ .:=:!6;õ-02:.0:0n.::::==::l<i,Q~Õ}_~ 15% ---.-..---------.----- ---------------- --... .. .. .. ...... --' ..----.. ..- ---- --- --- ººt-IS!:.RlJ..C,TIºf'!tv!i\I\I.I\ºI=.r.1_E!,!Tj.E.toJ.ºl~I::~G-,JI\ISPEº-!:IºI-,-AND TESTlt-I.I3L. E:t-I.I3IN_EI=.~!t-IººI::§Iºt-I,i\1'J[)f'L,AI\INJN-ºJE.NV!~º~M.EHrrl\l-ºh.E¿>.BI\.Ng...£fºL, CONSTRUêT¡O~icOST-'--"'-'::=:=='-='=':: --,,-, "-,,---n-1- 'u.':__ LS - m·'t---- LS I i "Consï¡üCi"ij;;x,ncreïesidewalÍ,on¡;ot¡;¡;¡des ofïhefõllow¡ngsïreets wiïh¡n ïheJ .. Honea Heights Subdivision: I ,_,_,___.__,____ Swanson. Morgan, Hester, Hinton, Steele, Hendricks, White and Whitn~_,+_ ____" '_ ,___, Notes: Sidewalks will not be constructed on Moore due to lack of right-of-way beyond the I ,_ ,_n_,_ d,."Jnage ditch _un _ _ _ _ __ ______ __ _ __ -I Sidewalks will not be constructed on Sandy Street due to lack of right-of-way. ---+,_ ,.____,__ Sidewalks are not proposed to be constructed on Sanders Road or Honea , Drive. I 0'.-__- -------'--'-,._---- ." -- ..- .-"-------.-------------"._.~- --- ...---...-...,.-.-.- $ 550,100.00 .------ 6% 2% $ 30.000.00 $ ~ 10.00000 $ $ $ 30.000.00 10,000.00 --- -.--.- ----".-- - PROJECT TOTAL . . . .. Use --- --- "---.---......---- Sidewalk X:12003M 14 Honea Height Roadway ImprovementsICost£st·Conceptua/-finaJ.xl. Sheet 1 of 1 4/13/20057.'47 AM Project Number: 2003-14 HONEA HEIGHTS ROADWAY IMPROVEMENTS Prepared By: KT PAVEMENT CONSTRUCTION CONCEPTUAL COST ESTIMATE 4/19/05 ITEM NO. ,DESCRIPTION UNIT UNIT COST QUANTITY TOTALS SUBTOTALS 4.001 4.000.00 ~!!~~AND 4,100 4,000.00 ".., 10.001 5.001 - ·ig~g: " 40 )00 40,000.00 - .GGRI -2 4 ·00 St'HAL N 3 4,::00 <C7 7M M Að'~~ TRAFFIC 10.00 i6:00000 ... 'A\.;\.;l 20. ¡OO 20.000.00 6. 00 6.500.00 ~ : 10.000.00 .. .¡ ... ...' 8 0 3. ) 1 2.' H '''~O'') E SED ~EADER 2. )0 35. <Vt ............... 251 o .... 5:600.00 12 f~¥~~l . ^V,","T 30.001 30.000.00 S LS ....... .'-- 15% $ 70.000.00 $ 70.000.00 LS 15% $ 80.000.00 $ 80.000.00 S '.'1"1 TESTING) ··E~ 12% $ 70.000.00 $ 70,000.00 ~T" ¡¡'f. . $5"Õ.OOOOO $ 50.000.00 IUIAL $ I, Use $' 710,000 " I, .' : ¡ ---.-- " , , ....--.... .'" Pavement X:\2003.14 Honea Height Roadway fmprovements\CostEst-Conceptual.fjna/.xf~ Sheet 1 of 1 4/13/20057:44 AM II) c o +ï III U o .... JI:: III ~ Q) 11):2 ~U) 1:1)- .- III Q) :I ::C'- III ~an Q)U~ cc<n 00'- ::CU~ TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 2 TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, Planning Director SUBJECT: Ordinance No. 2005.02: Relating to Development; approving a rezoning for a veterinary clinic at 8300 N. Silverbell Road. DISCUSSION Kim Perkins, D.V.M. is seeking approval to rezone a 2.2 acre site generally located south of Somerton Drive on Silverbell Road from "C" (Large Lot Zone) to "CO" Commercial (Office) for the purpose of developing a 4,900 square foot single story veterinary clinic. The site was annexed in 1987 (Ord. 87.11) as part of the Continental Ranch II annexation and received translational zoning of "c" (Large Lot Zone). After annexation and translational zoning Town Council approved and adopted ordinance 88.09 establishing the "Continental Ranch Specific Plan." However, the subject property remained outside the specific plan with "c" zoning. The minimum lot size for development in the "c" zone is twenty-five (25) acres. Thus, this parcel, improved with a single family house, became a legal non- conforming lot. No further development may occur without a rezoning. The Mayor and Council continued this item from the January 18, 2005 public hearing and Council Meeting based on a neighboring property owner's desire to possibly increase the height of his rear yard wall, questions about other permitted land uses should the veterinary clinic discontinue operation, and hours of operation. Council also inquired about the possibility of taking access from the neighborhood, rather than from Silverbell Road, and wanted confirmation that neighbors were indeed contacted. Following the January 18th public hearing there was additional outreach to neighborhood residents and contact with the Continental Ranch HOA. Staff explored further the matter of screening the property by increasing the existing wall height for properties adjacent to the subject property. Staff made several field visits to the subject property to determine the approximate height of the rear yard walls. The information collected concluded that approximate rear yard wall heights range between five and six feet. The Continental Ranch Specific Plan and the Continental Ranch HOA state the maximum wall height may not exceed six feet. Staff received a letter from the Continental Ranch HOA stating, "The association only allows 6 ft. high walls and at this time does not see a concern that would require a waiver of this rule." 041905 PCZ-04039 Veterinary Clinic Rezone.doc Page 1 of2 In response to the outreach, staff received letters from the Continental Ranch HOA and several property owners who reside adjacent to the subject property who originally had concerns regarding the rezoning but now are supportive of it (please refer to the attached letters). Regarding the possibility of locating access to the site from the residential street behind the property, staff concluded this would improve neither safety nor traffic flow and recommend that access remain right-in and -out from Silverbell. The veterinary clinic is a permitted use in the "CO" zoning district and the Silverbell Road Corridor Overlay District (SRCOD). The matter of re-use or change of occupancy would be contingent upon the proposed use and its relation to the permitted uses of the "CO" zoning district and the overlay district. A change of use would require a new certificate of occupancy. The proposed hours of operation are Monday through Friday 7:30am - 6:00pm and Saturday 8:30am - 1:00pm. Should Dr. Perkins desire to extend hours of operation before 5:00 a.m. or after 11 :00 p.m. a conditional use permit is required as per the SRCOD. Should Town Council approve and adopt this rezoning the subsequent procedural step is review of a site plan, including building design. The plan is subject to requirements of the SRCOD. The SRCOD requires additional design and development standards such as a 25-foot transitional landscaped buffer yard for all commercial lots adjacent to residential zoning districts; a planned sign program; screening; quality building materials; and compatible design with surrounding development and overall site layout. The site plan is subject to review and approval by the SRCOD Manager's Design Review Committee and Town Council; and Planning Commission reviews of the development plan which follows design approval. RECOMMENDED CONDITIONS 1. Any use of the parcel in addition to the clinic and storage must be approved by the Planning Commission and Town Council. 2. Building height of the clinic shall be restricted to single-story construction. 3. There shall be no residential use permitted on the property. SUGGESTED MOTION I move to adopt Ordinance No. 2005.02 with the recommended conditions. 041905 PCZ-04039 Veterinary Clinic Rezone.doc Page 2 of 2 MARANA ORDINANCE NO. 2005.02 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR A VETERINARY CLINIC AT 8300 N. SILVERBELL ROAD. WHEREAS, Dr. Kim Perkins owns approximately 2.2 acres of land and has applied to rezone the property from "C" (Large Lot Zone) to "CO" (Commercial/Office Zone); and WHEREAS, the Marana Planning Commission held a public hearing on December 15, 2004, and voted 5-0 (two Commissioners were excused) to recommend that the Town Council approve the rezoning with the recommended conditions; and WHEREAS, the Marana Town Council heard from the owner, staff and members of the public at regular Town Council meetings held January 18, 2005, and April 19, 2005, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 2.2 acres of land located on the east side of Silverbell Road, approximately 425 feet south of Somerton Drive at 8300 N. Silverbell Road, is hereby changed from Zone "C" (Large Lot Zone) to Zone "CO" ( Commercial/Office Zone). Section 2. The purpose of this rezoning is to allow the use of the rezoned parcel as a V eterinary Clinic, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Any use of the parcel in addition to the Clinic and storage must be approved by Planning Commission and Town Council; however, no residential use shall be approved. 2. Building height of the Clinic shall be restricted to single-story construction. Section 3. Compliance with all applicable prOVISIOns of the Towns Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements, shall be required. Marana Ordinance No. 2005.02 Page 1 of 2 Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2005.02. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2005. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2005.02 Page 2 of 2 Veterinary Hospital CASE NO. PCZ-04039 Tht To...noflMlrUl. providK lhit rnapinfonnodon "At Is" ,t!ht r.q1.lUI of tht UStl wilh tht undtrst.ndinølhatitis notguarant..d to bE! accurate, torrId 01 c&in'lpltlta and conch'8ions drawn from sue 11 informlti( n at. tht responcibillty arthe UStr. h nCo eventshaUihe Town of Mala...3 become-liablE: to users: of thest data. or '11) otI1" porty,lor ony 10.' or direct. in.....c~ ,p.cill!, inrid.nt.1 or cOl1..quendol dlllll.geo. including but not limit.d 10 time, mon.~ OJ goodwRl. .~'Ing from tile 1.1.. or modl1lcl!lon ""th. dale. REQUEST Request for approval to rezone 2.2 acres from "C" (Large Lot Zone) to "CO" Commerical (Office) for the purpose of constructing a Veterinary Clinic. ,1- ~1-ò~ ~~'i C#aþfVYd/./iWfr- A1;¡/JX"~ d ~~;0f B¡fzeZlc¡:;' ~. oú.0 (/Ko/eA,l; fiT ~m z? ¿'99 / ttJ £(}7eÆ/ð~' VI? ;;1l1?1cl/e ÎÍÍe {¡),f// 1)1 iii Mcç of sJ!¡}:. fÆJ~;iI¡: ¡/Ie wlljJg ~7éJ¡J J?->x 2f!-; .¡; 9f£fJ~ ~)3 cyutl Continental Ranch Community Association 9150 N. Coachline Tucson, AZ 85743 (520) 297-7600 fax (520) 297-7917 February 23,2005 Town of Marana Planning and Zoning Department Re: Proposed Veterinary Clinic - request for comment Dear Town of Marana, The Continental Ranch Community Association's Architectural Committee reviewed the preliminary/conceptual plans for the veterinary clinic to be located on Silverbell, just north of Wade Road. Upon review, the committee has the following comments/concerns. 1. Request the buildings not be two-story to lesson the impact on the surrounding homes. 2. Would like to see the proposed plan to dispose of fecal matter that will eliminate flies, bugs and smells including the location of the dumpster. 3 . Would like to know the purposed use for the back building, closes to the homes. 4. Feels the location is not appropriate for large animal care due to the direct location of existing homes. The committee is aware of a concern of one neighbor who wants the wall between their property and the vet clinic raised to 7 feet to eliminate view. The association only allows 6 ft. high walls and at this time does not see a concern that would require a waiver of this rule. The committee looks forward to seeing the final plans and obtaining the answers to their questions and concerns. They do feel the clean up and change on the parcel would positively impact the association. UcerelY, ~~~ Patricia S. Le b tter Association Manager Platinum Management, Inc. For Continental Ranch Community Association Table of Contents Part I - Inventory and Analvsis I-A EXISTING LAND USES................... ........ .................................................................... 1 1- B TOPOGRAPHy.................................. ........................................................................ 10 I-C HYDRO LOGy.................................... ........................................................................ 10 I-D VEGET A TI ON.................................. .......................................................................... 14 1- E WILDLIFE.................................... ............................................................................... 14 1- F VIEWSHEDS................................... ............................................................................ 22 I-G TRAFFIC.............................. ..... .................................................................................. 22 1- H RECREATION AND TRAILS................................... ............................................... 41 I-I CULTURAL, ARCHAEOLOGIC, AND HISTORIC RESOURCES........................ 41 I-J CO MPOSITE MAP................................... ................................................................. 41 Part II - Land Use Proposal 11- A PROJECT OVER VIEW... . .. ... . .. ... ... . . . ... ... ... ... ... ....................................................... 46 Il-B TENTATIVE................................... ........................................................................... 46 II-C EXISTING LAND USES................................... ....................................................... 46 11- D TOPOGRAPHy................................... ..................................................................... 46 Il-E HyDROLOGy.................................... ...................................................................... 46 11- F VEGETATION................................... ....................................................................... 50 II-G WILDLIFE/BUFFERING/LANDSCAPE................................... ............................ 50 Il-H VIEW SHEDS.. ................................. .......................................................................... 50 II-I TRAFFIC.................................... ............................................................................... 50 lI-J PU BLIC UTILITIES................................... ............................................................. 52 ll-K PUBLIC SERVICE IMPACTS................................... ............................................ 52 II-L RECREATION AND TRAILS................................... ............................................. 61 II-M CULTURAL, ARCHAEOLOGIC, AND HISTORIC RESOURCES....................... 61 II-N NEIGHBORHOOD SURVEy.................................. .............................................. 61 11-0 CHANGE OF ADDRESS............... .................... ..................................................... 61 II-P SIL VERBELL ROAD DEDICATION............... ...... ............ ................................. 61 BIBLIOGRAPHy...... ..................... ......... .................................................................................. 66 List of Exhibits I-A. I: I-A.3a: I-A.3b: I-A.3c: I-A.4a: I-A.4b: I-B.lc: I-C.I: I-C.2 I-CAe I-D. I a: I-D.lb: I-D. Ie: I-E.la: I-E.Ib: I-E. Ie: I-F.la: I-F.1b: I-G.1: I-G.2a: I-H.I: I-Lla: I-I.! b: I-J.I: II-B.l : II-C. 1 : LOCATION MAP.................................... .................................................................. 2 EXISTING ZONING AND LAND USE MAP.......................·············........·............ 3 EXISTING ZONING AND LAND USE MAP........................············..·..·..··......·.... 4 EXISTING LAND USES MAP................................... .............................................. 5 ADWR TABLE................................... ....................................................................... 6 EXISTING WELL SITE.................................... ........................................................ 9 TOPOGRAPHy......... ............ ............... ................................................................... II HyDROLOGy.................................... ..................................................................... 12 HyDROLOGy................................... ...................................................................... 13 FEMA MAP............... ...... ......... ...... .......................................................................... IS ARIZONA GAME AND FISH LETTER.............................. ...... ............................. 16 VEGETATION................................... ...................................................................... 19 CULTURAL RESOURCES INVENTORy............ ...... ......... .................................. 20 WILDLIFE HABITAT.................................. .......................................................... 21 WILDLIFE CORRJDOR.................................... ..................................................... 23 UNITED STATES DEPARTMENT OF THE INTERIOR LETTER.......................... 24 VIEW............ ... ...... ............... ................................................................................... 26 SURROUNDING VIEWS................................... .................................................... 27 TRAFFIC MAP.................................... .................................................................... 28 AL T A MAP/DEDICATION/ACQUISITIONS................................ ........................ 29 PARKS AND RECREATION..............................·.... .............................................. 42 ARIZONA STATE MUSEUM LETTER....................................··..·..·....·....·....·..·.. 43 ARCHEOLOGICAL ABSTRACT...... ............................. ....................................... 44 McHARG COMPOSITE MAP......... ...... .................. .............................................. 45 TENTATIVE SITE PLAN.................................... ................................................. 47 ZONING BOUNDARIES.................................... .................................................. 48 Lists of Exhibits II-E.4: II-G. 1: 11-1.1 : 11-1.1 : 11-1.2: 11-1.3: II-J .4: II-N.la: II-N.l b: 11-0.1 : POST DEVELOPMENT HyDROLOGy..........................··..·..·.. ......................... 49 BUFFER PLAN.................................... .................................................................. 51 TRAFFIC IMP ACT STATEMENT............................········ ................................... 53 SEWER SITE MAP.................................... ........................................................... 57 GAS SITE MAP.................................. .................................................................. 58 WATER SITE MAP...... ... ...... ... ...... ... ...... ............................................................ 59 ELECTRIC SITE MAP................................... ..................................................... 60 REZONING PROPOSAL LETTER.................................... ................................ 62 NEIGHBORHOOD SIGNITURES......... ............ ............. ................................... 63 OFFICIAL ADDRESS CERTIFICATE.............................................................. 65 Part I - Inventorv and Analvsis I-A. Existing Land Uses 1. Site Location The site is located on the east side of Silverbell Road between the two intersections of Somerton and Wade Roads, in the Town of Marana (see Exhibit I-A. I). It is described as ± 2.1 acres and is in Section 27, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona. The site parcel number is 226-25-007A. 2. Existing Land Use - Onsite The property currently contains a single family home located at the northern portion of the site. The existing zoning of the property is 'c' - Large lot zone. 3. Existing Land Use - Offsite Existing zoning and land uses within 1¡4 mile: North: Continental Ranch Specific Plan-Medium Density Residential East: Continental Ranch Specific Plan-Medium Density Residential South: Silverbell Road, vacant--planned Commercial under Continental Ranch Specific Plan and Continental Ranch Specific Plan-Medium Density Residential West: Li'l Abner's Restaurant-Marana 'NC' Zoning, Pima Farms Specific Plan- Continental Reserve-Natural Open Space, vacant-- Pima Farms Specific Plan-Continental Reserve Medium Density Residential, vacant--planned Commercial under Pima Farms Specific Plan-Continental Reserve and vacant--Marana 'c' Large Lot Zone (see Exhibits I-A.3a, I-A.3b, and I-A.3c). Number of Stories: All structures within 1¡4 mile of the site are one or two story. Pending Rezoning: There are no pending or conditional rezoning cases within 1¡4 mile of the site. Approved Subdivisions/Development Plans Currently, several blocks of Continental Reserve are in development. Architectural Styles Used in Adjacent Properties: Existing structures within the 1¡4 mile radius are single and two story. They are ranch, southwestern, territorial, or mission style in design. 4. Well Sites The Arizona Department of Water Resource's (ADWR) records show Wen Registration # 55- 800646 currently supplies the property. Well Registration # 55-604852 located on Parcel # 226- 25-006A is within 100 ft. of the proposed site and is abandoned (see Exhibits I-AAand I-AAb). ,,"'- Q.. ct ~ r- Z « o I ï=-~ « :.e o ..c o x oJ W f'- C'I Z o ~ o w t/) W N - 0::: fJ 'III!! .... I ,n ~.. ~ , Il) ~ , ~~ ~ 2 - ,.- It! C ù .Q ilJ 1iJ E c E .Q> a If) o V D 0 ilJ en ro c c c 0> 0 ¡¡; N ¿S ~ ~~ v N c It! Õ. D a ilJ a c- aLL ND _ ilJ a- --' It! C ilJO> O>¡¡; ~ ilJ ~O I o Z ~ I r- 0::: o --' Z <iUJUJ r-~~ dio:::o::: cZ<i::J« Zo ....!.. - ...... 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W i2I a a 0 0 If} a a w a a a a w a w a N ~ N ...J C\Ì C\Ì ~ C\Ì z C\Ì ~ N ~ C\Ì z C\Ì Z N Z N l- e w II.. Z >-~ >-~ >-~ >-ß ~ >-x >-x 0 0 0 ..- 0 >-0 - 0 w w Z w Z w w ~ Z Z 0 åì JI a Qj a ëD a åi a i:i åi a Qj a ;:;Qi 0. i:i Gi a Qj a e; 0. -g8. co i:i e; C\Ì -g N -g C\Ì N C\Ì C\Ì C\Ì C\Ì N N N 1;j ~ a. a. C!> a. a. GI a. GI a. .... a. ..- a. ..- .. a. =>- >- >- =>- >- = >- = >- >- >- = >- >- 0 "I-- ãl- I-- 0>1-- I-- 0>1-- GlI-- I-- I-- 11I1-- t.!: r:: ~ u_ 1.>- 21= :;!= Q- u_ c:- c- o¡ 'i c- ã) ã) ;di c: - :J .. tIJ '" C!> '" III l3~ 3~ '" III a: 0 0:= 0 03: 0 3: 0 0:= 0 3: 0 0 0 3: 0 3: 0 03: 0 0:= 6 Exhibit I-AAa Run Date: Q4/Q8/2.004 AZ DEPARl'MEN-T OF WATER RESOURCES WELL REGISTRY REPORT - WELLS55 Location D 12.0 12.0 27 C B B WelL~No 55 - 800646 AMA TUCSON AMA Name JOE P &. JANICE D JOHNSON PO BOX 541 File Type LATE REGISTRATION Applicationllssue Date 07/05/1983 PATAGONIA AZ 85&24- 0.00 Well Type EXEMPT SubBasin UPPER SANTA CRUl Watershed SANTA CRUZ RIVER Water Uses DOMES-TIC- Well Uses WATER PRODUCTION Discharge Method NONE Power NO POWER CODE LISTED Owner Driller No. Driller Name ÐriUM Phone- County PIMA Parcel No. 226~25-007A Intended CapacIty GPM OWNER o NO DRILLER SPECIFIED Welt- ÐeptIt Pump Cap. Draw Down 18();00- 30.00 0.00 Case-Diam- Case Depth Water Level Acres Irrlg 0.00- 0.00 0.00 0.00 Tested-Cat> CRT Log Finish 30.00 STEEL - PERFORATED OR SlOTTED CASING Contamination Site at Time of Filing? NO - NOT IN ANY WOARF SITE Comments On 7/5/83, JQseph Lane 13< Gertrude K, Johnson of 6645 W. Pima Farms Road in Tucson filed a late registration form for a domestic well. The well information was sketchy at best with the depth of the-weJlreportedtobe.al18Q-fl-was cased with stee.1 and.thamaximum p.u.mpcapacity. 35,-gpm or less. No casing diameter or depth of casing was given. The well was reportedly drilled sometime in 1956. In 1994, the ownership of this well was switched to Ric.hmond.American Homes and a Notice of Intention to Abandon form was filed. The well file was cancelled afler the Well Abandonment Comptetion RepOltWUflled.by the-driller. As.-iUura.s..out.- wenss,,800646..was not the well that was abandoned, The actual well that was abandoned on 9/29/94 was well 55-604852. In ord.er to correct this mistake, all referem;;es to well 5!)-600646 be in¡¡ abandoned and cancelled have been removed. In addition. ownership of well 55·800646 was returned to Joseph Joh!\SOlL The. Pima. County Assessor APN. for tha..properly whale.lhÏS. well ~ is 226-25-007 A. Both files have been amended to reflect their correct status. File update conducted 4/7l04. mib Places Of Use 1 D 12 0- 12 0- 27 C B- B Current Action Action History 1I1/1~58 755 WELL CONSTRUCTION-COMPLETED- 7 Exhibit I-A.4a Run Dale: 04107/2004 AZ DEPARTMENT OF- WATER RESOURCES WELL REGI-S-TR¥ REPORT - WEllS55- we»- Reg.No 55 - 604852 Cancelled AMA TUCSON AMA Location D 12.0 12.0 27 eBB Name. R A HOMES. 2195 E RIVER RD #103 File Type REGISTERED WELL ApplicatIon/Issue Date 03/18/1982 Owner OWNER Driller No. 323 Driller Name DAVID E. WILLIAMS WATER WELLSERVICES,INC. Driller Phone 520-682-8853 County PIMA Parcel No. 226-25-OO6A Intendad~city GPM WeU- Ðeptlt- Pump Cap. Draw Down TUCSON AZ 85741 0.00 Well Type SubBasin Watenihed Water Uses Well Uses Discharge Method Power NON-EXEMPT UPPER SANTA CRUZ SANTA. CRUZ RIVER IRRIGATION ABANDONED ORIFICE ELECTRIC MOTOR 16 -100 HP 23&.00 630.00 8.00 Case- Diam- Case Depth Water Level Acres Irrlg 20,00- 236.00 75..00 0.00 Tested Cap- 630.00 CRT A Log X. Finish STEEL - PERFORATED OR SLOTTED CASI~G ContamInation Site at Time of Filing? NO - NOT IN ANY WQARF SITE Comments. Well- # 27 -L GWSI Site-ID: 32212911106.450.1. On. 9118147. Cortaro Water Users Association submitted a Registration of Well form for a well that was drilled in June of 1936 by Roscoe Moss Company (AÐWR lie. NE>. 97). "fhe-fofmiAdicated-thaHhe-well-was-driIIed-to-a-deptI\-of-23ô-ft- and was cased with 20" diameter stovepipe from the surface to TO. Depth to water at time of constructlon was75-ft and 95-ftJn 1947 _ Well was perforated with ten 1/2" )(4-112" cuts. per foot from 65-206 feet. The pump information listed on the form indicated that the well was equipped with a 4e-hp; electric ItlfbÎl\e-purAJ>-wIth a discharge- rate-of &3O-gpm. Eight feetof-drawdown was reported, Principal use of the water was irrigation and stock. On 3/16/82, Cortaro-Marana Irrigaliotl Disltict (CMlD~ - Cortaro Water Users.AssociatiOn œgisterredCMIQ Well #'ll-Lwith ADWR and 55-604852 was assigned. On 9/13/96, a Change of Well Ownership form was filed resulting in the-ownef'$hip goÍf19 from-Cortafo to RA (RjçhmoM Arnerjçan} Homes- witn Pima- County APN 226-25-006A referenced. On 2/1/04, a letter was received at ADWR that cast doubt as to the current status of this well and well 5.5-600646. According..IO the. author of tbis letter (Joe Paul Johnson) and a subsequent correspondence from Kim Perkins, DVM, well 55-604852 was actttally abandoned-on- 9i29i94-as-a- result-of a-Notiœof-lRtentioo-toAbaOOoi1- (NOlArform- being filed for 55-800646. Richmond American Homes apparently confused the two wells and listed 55.-800646. instead o15!i-50<\852 Research conducted by MIB has verifled.their claim. I.a. order to resolve this matter, the NOlA documentation will be adjusted to reflect 55-604652 and that well wiIl-be-tormefly c8flœlled-. As fof S5-8OO64ê, that ftlewill-ee-readivated aM ttte.ewAefSltip- changed back to Joseph P. Johnson, owner of APN 226-25-007A. File update conducted 4m04. mib Current Action 11/9/1994 Action History 91221199-4 9/22/1994 8f26/1994" 8/15/1994 9/1811947 9/18/1947 6/1/1936 615 WElL ABANDONMENT REPORT RECEIVED.. 260. HYDROLOG-Y NOl REVlEW - APPROVED 560 ABANDONMENT AUTHORITY ISSUED t75 NOt RECEIVED TO ABANOON "'WELL 860 CHANGE OF WELL OWNERSHIP 75Q WELL LOG RECEIVED 805 COMPLETION REPORT RECEIVED 755 WEll CONSTRI:JCTION-COMf>tE-"fED- 8 Exhibit I-A.4a 1 =1"", ~Ic-. . . uu Ww CQcn I- .0'.,- ' ABONDONED WELL I.D. 604852 (() WELL I. D. , 800646 ([) 100 FEET [£ROJE'C,. slTË1 ~ .1·~100· T. 1 ~1' s. R.12E. EXISTING WELL SITES 9 Exhibit I-Ä.4b I-B. TOPOGRAPHY 1. Topographic Characteristics a. No restricted peaks or ridges exist on the site. b. No rock outcrops exist on the site. c. The site slopes gently from southwest to northeast. There is a manmade slope along the western property boundary which is 15% or greater slope (see Exhibit I-B.lc). 2. Average cross slope calculations The average cross slope of tbe entire site is approximately 1.48%. The following fonnula was used to calculate the average cross slope: ACS= (l) (L) (0.0023) x (N-I) A N where, 1= Contour Interval L= the length of all site contour lines A= the area of the site 0.0023 = conversion factor N= number of contour lines N-l = linear adjustment factor Parcel Area= 2.196 acres Contour Interval= 1 feet Contour Length (feet) 2132 214.28 2133 452.83 2134 596.87 2135 626.18 Sum ofL=1890.16 For this site; (l) (1890) (0.0023) xl 2.196 4 =1.48 % average cross slope I-C. HYDROLOGY 1. Off-site Watersheds The project site is not affected by any offsite watersheds. Drainage is to the north and east. Runoff to the south and west of the project site (i.e., on the other side of Silverbell Road) is collected within the Continental Reserve drainage systems and delivered to a culvert crossing located southeast ofthe project site (based on review of the Drainage Addendum to the Master Drainage Report for Continental Reserve, Stantec, January 2003). Runoffwithin Silverbell Road right-of- way is collected within the roadway and delivered to the pavement drainage system. Exhibit I-C.l shows the PAG year 2000 aerial photography with topography for the area surrounding the project site. According to the Pima County Critical & Balanced Basin Map (1987), the project site is not located within a designated balanced or critical basin. 2. Significant Off-site Features The only off-site drainage feature that affects the project site is a small (± lO-foot wide, I-foot deep) concrete lined channel that drains the low spot of the parcel located at the northeast comer. The channel drains out into Sayante Way. (see Exhibit I-C.2). 10 ..- ~':)., Cl,. --_.-- .-.----- __ ______ . ._n~··__ _____.___.__ -- -'-"-- --" ; , I [J c=J \ N 50 100 150 FEET 11 TOPOGRAPHY Exhibit I-B.1 c ~ SCALE 1 : 1,000 ~~~_.. 50 0 -:'~~.-'~-_~~' .:-~____,L__-~~_~~_~=~~·~ - u . - Q. <: ::;t 12 z~ 0 ·0 I<D ¡ i I. , ¡ 0 r 0 I ¡ " 0 I j ~ CD C') t- W W W lL -I <{ Ü U) ]j 0 'I [10 , 0 ('. HYDROLOGY Exhibit I-C.1 ~::~H':' 100 0 T::~ '-:~::::T::··· 100 200 FEET 300 13 HYDROLOGY Exhibit I-C.2 3. Off-site Watershed Acreage The project site is not affected by any off-site watersheds. 4. Characteristics of On-site Hydrology a. There are no 100-year floodplain areas on the project site. b. There are no other areas of flooding, sheet flow or otherwise, on the property. c. There are no federally-mapped floodplains or floodways on the project site as identified on FEMA FIRM #040l9C1605K dated Febuary 8, 1999 (see Exhibit I-CAc). d. There are no locations where the I OO-year peak discharge rate for entering or exiting the project site has a discharge greater than 50 cfs. 5. Drainage Conditions Along Downstream Property Boundary The project site generally drains toward the northeast comer of the property with the exception of a small portion of the south end of the parcel that drains across the south end of the east property boundary. Runoff collecting at the northeast comer is drained by the small concrete channel described above in (2). The wash to the southern tip of the property boundary and east of Say ante Way has been channeled through the Continental Ranch project. Water runoff from the property onto Sayante Way is diverted to this channel. This channel extends to the Santa Cruz River (see Exhibit I-C.2), pg. 13. I-D VEGETATION Vegetative Inventory, Species, Densities The project area is situated within the Basin and Range physiographic province and surrounding vegetation is characteristic of the Arizona Upland Subdivision of the Desertscrub Formation. Plants identified during the survey consist of mesquite, palo verde, and prickly pear; various grasses and forbs also are present. No faunal observations were made during the archaeological survey and no endangered or threatened plant species were noted. The majority of the site has been graded previously and most of the existing plants are either cultivated non-natives, or volunteers that sprouted after the land was cleared. The few existing trees are in poor health or dead. Per the Arizona Game and Fish Department, there is the possibility of several Special Status Species within 3 miles of the site (see Game and Fish letter, Exhibit I-D.la). Exhibit I-D.lb illustrates the vegetation on the site. Exhibit I-D.1c is a cultural resources inventory from the archaeology survey of the environmental setting. I-E. WILDLIFE Letter of Review The letter of review from the Habitat Specialist at the Arizona Game and Fish Department is included as Exhibit I-D. 1 a. The Department reports the site is located near the proposed critica] habitat for the cactus ferruginous pygmy-owl. However, there are no critical habitats in the project area (see Exhibit I-E. 1 a). The Picture Rocks Wash, which is west and north of the site is currently designated as part of the U. S. Fish and Wildlife draft pygmy ow] recovery zone. With extensive development in Continental Ranch to the north, east and south along with Continental Reserve to the west, as well as the rem ova] of original vegetation some time ago, this site does not ]4 .~& " . ~&i~~ cS.c.~u 0 ~ Ê~~~~ :E ~ ~ sl ",a.:: ~~ "g-.Ii: ~ 0 ª "'- .... .I!~~~~ S? """ "",on """ CO> :; ::E ~ ::eo =~ '2~:.2. I- ~ ~ ::>~ ....oö u.J :: ~i c ~-g ~~ ~ w ~ :E"-3 ~~ ~ ~ ;l¡ '" ~ od: ....- Hg-¡~ ~ ~ ~= <..>"'" ~ = <>= - Q ~¡:; ....= -,,)I . ~ ¡ ~"" LW ~Q~ ~... H~~i u.J ;:;: <..3 . ....:::: '" -' == = z~E-< '" . .~ « ...: ::> ~ ~~~g~ u g a:; ~ ; <no ::> 0<0 õ..8H <=> .... u.J .: == Üzp.. Ë ðj,ü~ !;{ ~2~ '" š.g~"8£ ::¡: C> x ~~ü ..... ,..::s..~ 0 - Z 'õ~Ëï2 a:: p.. - ~~~ ~ & fi- n.. 4: <.1_ j:..c_ :!5.::E 0 ~~~~~ <> ~ e:.TI"v" ;:~~~ ~..~~ ¡Õsa~a. e:.:: E-< -- 00. E- 00. Z -< - Z Q -< 0 ~ 0 -< :::s <J) ~ 00 ~ - --' I~ ¡;... --' þ:. C) 0 "<t- O U W I- ~ Z <! U ~ a:: . 0 - 0 a.. a:: Q.. ¡...... 0 (V) < U (V) ~ 15 HYDROLOGY Exhibit I-CAe THE STATE OF ARIZONA GAME AND FISH DEPARTMENT 2221 WEST GREENWAY ROAD. PHOENIX, Äl85023-4399 (602) 942-3000 · AZGFD.COM GOVERNOR JANET NAPOUTANO COMMISSIONERS CHAIRMAN. JOE CARTER. SAFFORD SUSAN E. CHILTON. ARIVACA W. HAYS GILSTRAP. PHOENIX JOE MELTON. YUMA MICHAEL M. GOUGHTLY. FLAGSTAFF DIRECTOR DUANE L. SHROUFE DEPUTY DIRECTOR STEVE K. FERRELL January 30,2004 Dr. Kim Perkins 2511 E. Greenlee PI. Tucson, AZ 85716 Re: Special Status Species Infonnation for Township 12 South, Range 12 East, Section 27; Proposed Rezoning for Animal Hospital. Dear Dr. Perkins: The Arizona Game and Fish Department (Department) has reviewed your request, dated January 27, 2004, regarding special Status species infonnation associated with the above-referenced project area. The Department's Heritage Data Management System (HDMS) has been accessed and current records show that the special status species listed on the attachment have been documented as occurring in the project vicinity (3-mile buffer). In addition this project occurs in the vicinity of Proposed CriticaCHabitat for the cactus ferruginous pygmy-owl (along Santa Cruz River in Section 27). Please contact the U.S. Fish and Wildlife Service regarding survey efforts and other requirement related to the cactus ferruginous pygmy-owl. The Department's HDMS data are not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Making available this infonnation does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new project proposals and sites. The Department is also concerned about other resource values, such as other wildlife, including game species, and wildlife-related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in the subject area, when specific details become available. 16 Exhibit 1-0.1 a AN EQUAL OPPORTUNITY REASONABLE ACCOMMODATIONS AGENCY Dr. Kim Perkins January 30, 2004 2 If you have any questions regarding this letter, please contact me at (602) 789-3618. Genera] status infonnation, county and watershed distribution lists and abstracts for some special status species are also available on our web site at http://azgfd.comlhdms. You may also contact Joan Scott, Region V Habitat Program Manager, at (520) 628-5376 with specific questions regarding your project. Sincerely, /~/¿; Sabra S. Schwartz Heritage Data Management System, Coordinator SSS:ss Attachment cc: Bob Broscheid, Project Evaluation Program Supervisor Joan Scott, Habitat Program Manager, Region V AGFD #TBD '- 17 Exhibit 1-0.1 a Special Status Species within 3 Miles of T12S,R12E Sec 27 Arizona Game and Fish Department, Heritage Data Management System January 30, 2004 Scientific Name Common Nama ESA USFS BLM WSCA NPL - Dendrocygna bicolor Fulvous Whistling-duck SC S G/aucidium brasilianum cactorum Cactus Ferruginous Pygmy-owl LE WSC Gopherus 8gassizii (Sonoran population) Sonoran Desert Tortoise SC WSC - Myoüs velifer Cave Myotis SC S _ Proposed Critical Habitat for the cactus ferruginous pygmy-owl in project area (within section along Santa Cruz River). AGFD #TBD, Proposed Rezoning for Animal Hospital. '- 18 Exhibit 1-0,1 a ,._~<---~_.-.,,_.__.".._-'~-- N ~.. ¡.iiiöf -- =~,-:~~__-----L__,___, 00 0 ~ 100 100 FEET 19 VEGETATION Exhibit 1-0.1 b A SCALE 1 : 1,000 A Cultural Resources Inventory of Approximately 2 Acres for a Proposed Veterinary Clinic in the 8300 Block of North Silverbell Road in Marana, Arizona A cultural resources inventory on privately owned land in the 8300 block of North Silverbell Road in Marana, Arizona, was conducted by Aztlan Archaeology, Inc., for Dr. Kim Perkins. The purpose of the inventory was to locate and describe any cultural resources that might be adversely affected by the proposed construction of a new veterinary clinic. Tasks completed as part ofthis project consisted of a Class I overview (i.e., records check and literature search) and a Class III archaeological survey (100% coverage). The fieldwork was conducted on January 27, 2004, by Laural Myers (field director). The field survey was conducted under the authority of Arizona Antiquities Act Permit No. 2004-2bl. Project Area Location The project area consIsts of approximately 2 acres of privately owned land in the 8300 block of North Silverbell Road in Marana (Pima County), Arizona. This location is in the NWV.NWV.SWV. of Section 27, Township 12 South, Range 12 East; the township and range are located with respect to the Gila and Salt River Baseline and Meridian, on the U.S.G.S. Jaynes, Arizona 7.5 Minute quadrangle map (1968, photorevised 1975). The project area location is shown in Figure 1. '\.. Environmental Setting The project area is situated within the Basin and Range physiographic province and surrounding vegetation is characteristic of the Arizona Upland Subdivision of the Oesertscrub Fonnation (Brown and Lowe 1994). Plants identified during the survey consist of mesquite (Prosopis sp.), palo verde (Cercidium sp.), and prickly pear (Opuntia sp.); various grasses and forbs also are present. No faunal observations were made during the survey and no endangered or threatened plant species were noted. Elevation within the project area averages 2,135 feet above mean sea level, and the soil is a silty sandy loam. Disturbances within the property consist of cattle, erosion, dirt roads, and minor trash dumping. The area also is within an abandoned plowed field; the furrows were still visible in 1981 (Murphy 1982). 20 Exhibit I-D.le ~ ro ....- I- ~ W 11.0 a::: Oz w ¡....¡ I (/) Ll....J - 0 (/)1- i5 :J:!:w ~ ........ oðO 1-< < ::x:i:2 II) Zl- ~ OOZ .£; II) w- =>-0 .- (/)a::: IV :ECO::x: :!::EN == ...c <0 ë3 C><I-O >< :!:u oðC>>- ... W::x:-W ::x:>-a::: ~ W C>W .5 CI)~:!:t; Z~ :ã !2~~ ~ -..J a:::-OW C 1-0 IV o C::W I- 11. 0 ¡....¡ Z ~..J :I: :2«~O . u ~ w x- C) ~~c:: ~ W C) w:!: :t: :Ea:::...JD.. :Joa::: Q 'C I 0 ~ W ~ ~ ...J ¡....¡ ~ ~~~"'" w ",~ I- '-- Ci5 "---- I- U W ..., o a::: D.. ~ ..:Y Qþ-: -1j (ý> ..:Y-1&. ~.$'~ <Y >Þ-: ;¡1-~ ~..¿ 1-0 v ~! offer habitat value to native species. In addition, with the channeling of the Picture Rocks Wash, wildlife movement has been restricted to the immediate channel area west and north of the site (see Exhibit I-E.lb and letter from U.S. Fish and Wildlife Services Exhibit I-E. Ie). I-F. VIEWSHEDS 1. Views and Vistas from Adjacent Properties Looking Onto and Across the Site The predominant view from the property is of Safford Peak to the southwest. Pusch Ridge is visible in the far distance northeast of Silverbell Road. The Tortolita Mountains and Rattlesnake Pass are also visible in the distance northeast and northwest of the site, respectively (see Exhibits I-F.la and I-F.lb). 2. Site Visibility The site gently slopes from southwest to northeast. This site is visible along the Silverbell frontage. Housing developments along the northern, eastern and southern boundaries obstruct any view from the property in these directions. I-G. TRAFFIC 1. Off Site Streets Exhibit I-G.l indicates the streets affected by this development. Traffic to and from the development would typically travel on Silverbell Road and use Cortaro Road to either connect to or travel under Interstate 10. The proposed development is located on an arterial. There are no intervening arterial streets. 2. Arterial Street> Silverbell Road a. Silverbell Road appears to have 200-feet of right-of-way (RoW) for the majority of its length within one-mile of the site (see Exhibits for I-G.2a). b. The existing RoW width (as it appears on Assessor documents and as Town staff understands it) does not confonn to minimum requirements (see Exhibits under I-G.2a for clarification) COo The Town of Marana owns the public RoW. If the RoW is as the Assessor's infonnation claims, the present property owner most likely owns the property within the required Silverbell RoW (see Exhibits under I-G.2a for clarification). d. The Assessor infonnation shows a discontinuous RoW for Silverbell Road along the rrontage of the project site (see Exhibits under I-G.2a for clarification). e. Silverbell Rd. has four travel lanes and bike lanes in each direction. The design speed is 55 miles per hour. The theoretical capacity is 31, 1 00 vehicles per day at a Level of Service D. f. The average daily traffic (ADT) reported by PAG is 20,800 vehicles. g. The existing pavement condition appears to be adequate and maintained by the Town. h. The Town has a programmed project for the signalization of the Silverbell/Wade intersection within Fiscal Year 2004-2005. 3. Intersections Somerton Dr. is the existing intersection within one-mile likely to be used for the proposed project. 4. Bicycle and Pedestrian Ways There are bike routes and a sidewalk along Silverbell Road and Continental Reserve Loop. They 22 N SCALE 1 : 5,000 ""'i - ""'i A 200 0 200 400 600 FEET 23 WILDLIFE CORRIDOR Exhibit I-E.1 b "- . ,:f United States Department of the Interior u.s. Fish and Wildlife Service 2321 West Royal Palm Road, Suite 103 Phoenix, Arizona 85021-4951 Telephone: (602) 242-0210 FAX: (602) 242-2513 FIIIB"~ SItKV)CII ~ In Reply Refer to: AESO/SE 02-21-04- T -0078 January 28,2004 Dr. Kim Perkins 2511 East Greenlee Place Tucson, Arizona 85716 Dear Dr. Perkins: Thank you for your correspondence of January 9,2004. This letter documents our response to your request for information re.garding the potential effects to the cactus ferruginous pygmy-ow] associated with the proposed development of a veterinary clinic on Silverbell Road in Marana, Pima County, Arizona. This project falls within Survey Zone 1 for the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorom) (pygmy-owl), a species that is listed as endangered under the Endangered Species Act of 1973, as amended (16 U.S.c. 1531 et seq.). "- This zone indicates an area where there is a high likelihood of occurrence of pygmy-owls within suitable habitat. The development of this project site could potentially result in two types of impacts to the pygmy-owl. The first type of impact is related to the removal of vegetation in an area that supports pygmy-owl habitat components suitable for nesting or connectivity. The second type of impact is related to potential noise disturbance resulting from the actual development activities, Intense, unfamiliar noise's and an increase in human activities can adversely affect nesting or dispersing pygmy-owls. Noise disturbances could result in altered nesting or dispersal behavior resulting in increased risk of mortality. These impacts could occur if construction occurs during the nesting or dispersal seasons. We have evaluated the information you provided us regarding this project, and we reviewed aerial photography of the project vicinity. Based on this information, we believe that this project will not affect the pygmy-owl with regard to the impacts described above. Habitat components on the site are unsuitable for both pygmy-owl breeding and dispersal. In addition, the surrounding land uses have essentially isolated this project site from adjacent areas of potential pygmy-owl habitat. Based on our current understanding of pygmy-owl occupancy and movement patterns, we do not expect this site to be currently occupied, nor is it probable that it would be utilized by pygmy-owls in the future. Should circumstances regarding this project change from the information provided to us, we recommend that you contact us for further review. If you have additional questions, please 24 Exhibit I -E.1 c Dr. Kim Perkins 2 contact Scott Richardson at (520) 670-4643 or Sherry Barrett at (520) 670-4617. Please note that after February 1, 2004, please call our new number at (520) 670-6144. Thank you for your consideration of endangered species. Sincerely, cc: Town of Maran a, Marana, AZ (Attn: Leslie Liberti) Assistant Field Supervisor, Fish and Wildlife Service, Tucson, AZ Acting Chief, Habitat Branch, Arizona Game and Fish Department, Phoenix, AZ W:\Scott Richardson\perkins.ta.sr.doc:cgg '-. 25 Exhibit I-E. 1 c .~~ ~~/~ :--.'~ Will ''- ~ I' J\I '> \\~ . ',~ '/ 'Ir ~ _ -/ n "./ LL ~-;/Æ 11- J~ (~~ ~~/7 ~~ Jrt=f .-/ '\ \I ~ \,.) ~;~\J H ~ . J"~þ /¿Q '/ 'L~ ~ S 0 ' /" '-0 ;: (~ p / ~g; ~ ;:'U a> '. . :zr ~~ / -~ C) ^ , ~ J:z:s V j h( ~ æv ~. r 'l~ ¡s--J /. If) D~~ ~~ Lr! ~ æ ~ ~~~¡lr~ g ~ !!o.,.__.../G- 7' /: :::?; ~ ~W\ ~~~ ~ K' ~ --1 ',( ~.g I _ :::--- ~./7/. 0 /v-~ ~ r- ~ s..."ð oJ' -il. ..J' 11 ../ ""',¡ r ~ ~ ~ .~ II. _L"A' -.J ì '/-- ~ n¿-~ ~'t C-Pí --f 1, I ¡;:::, "" H 1'-. ,ko ~ t{~.);: '- &[} ~..\I::.....:-( T ~ ¡g '" ~ ~r.:, c.. ~ ' , < þ ~ ~ lfí¡ ~~- "" . ~~ ~ ~ f w II~~ t ( 55 ~ ~ --- r- ~ 7"~ '/ II) 0 L /,'/\} ~ W IrJ I ;r - }( .~ '-Ç: a. ë3 I ~-~--, ^ % '--¿ i ~! ('r ~:.~J/{r~rv-r- )WU '- ,& ~ ( lA', ( ¡~ "I)U ~ ') (~) ? ì E rfiJ LJ I ( :Jr' ,~~ ?/ 4 ~ ~ ~~ ~ r ,\ >~~\\'-' /¿¿ /A ¿- I....:::::::: ~-:J/- IV ~ ~ J.~ "- ~~~ ~¡:::;;;' ') ~ /' r;::::::. J ./ :~ þ .----- i.__."::I--- ~ ~ ~...... - ( ./ r f'.-\..... \ /;:: ..\I:: ~ ~~/· ) I~~/ \\&Jt -) ": ~ ~~' ff;;~ I \ ,( ,: r": '" ~ ~~'~ í¿ ~r] ,~,,17 ¡ h('D\}~~~~~ ~ I . ~·I \ IF ~ S, (¡f; ~ ~Wf,_ --2" i, ~fjl ~~,~~, r,-..r I ( ,r ,> ¿ \ "~_ ~ < 26 (/) CO 3:~ WLL - I >- :-t:= ..c .s=. >< W ~( ~. ~ CD i31 - View looking east across property - View looking north from property along Silverbell Road View looking west from property across Silverbell Road Viewsheds Exhibit I-F.1 b 27 LEGEND /\I Streets . '* Major Intersection. Town limits o Marana ~ Washes .. · Bike Routes . .. . . ~ 2.000 ~ ~ o N LE 1 . 20 000 SCA . I I 2,000 FEET I 6,000 TRAFFIC MAP Exhibit I-G.1 /~ I 4,000 28 _ -HLlfW ,,",,,,"Ll. Q "( ôõ!i ~!I I~~ :¿: I~I i g'.' i ,. .119.:' i , ~~~~ ¡ ¡ ì11~~; II is ¡U~:~ II I~ ~ ~ ¡ ~ì1i~ t: ø ->-, . ," "," ' , ".1' !! ~ '1,1 ,,' f- el¡~ : . i~ìI;~ bl ~! i!I~~1 ~~I~ h!. i ~ ~ ~ ~I:.I ~~I! ~ i:¡~~ Ii! ¡ 11!~i il ~!ì1 ! ~~~~ o. &ã!! - ~ ~ ~ ~ ii 00 3 _ §,,¡ . ., i!' "II! I' '"I' ¡ ¡ I ¡¡II ih b ~ Ij" 'I ¡ '" !¡! , dl !ir': ~ Iii ih¡ i i ¡ ¡ ¡¡:if II: ! " It ' 1'1 ' ~,I ! II' 1,,11,. ~ ~!I' hlä~ iã( ~ã ì ä äli~l~ hi I ~ ;' H' II "II ,,: .I'li:! 'I"" · · " .¡ · · , ~ ",,' ~a~~OI"~ ~ t~ ~I(. b ¡ i ¡ð b Sbt l I ~ ¡II Iii! it i i i äl!i~ ;:- I .,' ~., .1, I. I I I I"'· -,' ! II ~~ i I i".j ¡ I .' . ¡Ii.lii II ~~ II I = III; ; i!!~I·I· II if; Ii ,I ~ ~ ~I! ~~ I il 'ItQI~ I . è-- ~tH!i irl c" I!:! II .¡ 5 I .. ' lIS" 1 t--I~ ~ : II!' ,ill! : II:' ¡, I' ~¡ ~ô -, ~~: ~) ! I ii~:lfll ~',IIIII t! bh. ~ g w; ~U II Ix! It:!.= i IU;,·!· ii II 1=111 ~ ~ ~~ ¡s-r .~ i-I. 'Iilbe. fllD Iii '. ;= 1:10 '" ., i, V)5!1 ~Iì bi I .. II: .11 ¡ ~ =! :I-~ blì1!¡ 'g g ~ì ,." _II II"O'! I ' I'" I HII 00 ' !Ii i1! !: !I Iii!!! !I ¡!iiI! II Ii II! mr ~ ~ i ¡¡ .uh. I d '~5 b¡i¡ ~ ~ ¡;;h ... t.:1 "F:¡ ..~'I z tI' ~:ì .« lju -- ~II~~ ~!~j! ---.J :>- ~ ~ ª Q:: ~ ~:::¡~ ~JiSi!: ~",... -~~ Õ:l's~'" ~§~~ (j~ " ()a:.rë Q....~;!: e~::!§ j!;~", l&...~~l ()~¡¡; ~~~ s!E::! ,'~ .. L;J. ð;- - Q:: ~ 1:1 '~I .ì1 ¡II~ I II I i ìlU ¡¡ I ~I cs hili ----------------.... ~11~i~!1 ~~I ~i~ 01::; ~¡¡.¡, ---' ---' , ---i 01/12/2004 01:39 FAX 520+287+5515 Hilltop Gallery tgJ u.; -1'1" AMERICAN CONTINENTAL REAL ESTATE DIVISION A~ oI_..Coftti'*'W~ Pott OffICII Box 527/Cortero, Ari20na 65852/16021 74-4-488 Yebrua~y 23, 1989 J. Paa.:!. Jobnaon POlt Office Box 541 Patagonia. Arizona 85624 Dear Mr. Johnson, The cOllstructiou of Silverbell Road adjacent to your property is noy comp~ete. Ve are proceeding to· dedicate tbe road and associated right-of~y to the Town of Marana for public use. Attached i6 a deed for you to execute to transfer the property identified in Exbibit A to the IOWD. American Condneutal aud i.A. Homes have alr~ady execute similar deeds for our portion of tbe road. The Steinfeld Trust is curr~nrly preparing a deed for their portion. Aa pare of this dedication, R.A. Romes has already recorded a quit-claim deed in your favor for any ownership interest they might have in the Cor taro Wate~ Users Canal. YOu will also receive ownership of the old Silverbell right-of-wa:r shown on tbe enclosed ~p (identified in Exhibit B) when the Town accepts the new right-of-way and abandons the old Silverbell right-of-way. I Please return tbe executed deed a6 soon a9 possible. If you would like 1:0 discuss'thiEi further or need assistance in executing thie deed, please ca~l me or Jennifer AlberG at 744-4888. Thank you for your continued as&istauce ~ thiB projec": . Sincer.-aþ. .~~~ Kic1uel Project HJG/u~ ~ Attac.h-:nent 30 Exhibit I -G.2a Ul¡1~/~UU4 Ul:JY ~AA a~U+~~/~a~L~ l1iii~UJ:' uC1i..Lt;!J 1.:' .' I I PIMA 'RICHARD PIMA COUNTYT ARIZONA CERTIFICATE OF RECORDING 1:2'/08/88 lL::5~.:OO OF PAGE:::: :004 JENCE: 8El~1784 DOCKET: 08429 'ORDING TYPE: QUIT CLAIM DEED ,~TOR: RA HOMES INC JTEE: .JOHNSON ,J PAUL* + PAGE: 1704 W AMCOR ]NVESTMENTS CORP P 0 BO>: 527 , 4 PAGES AT CONVERSION FEE o AFFIDAVIT AT o COPIES AT 1 POSTAGE AT o SEARCHES AT $ 5.00 3.00 .00 .t)!) 1. t)O .CJO 2.00 EACH 1. (>c). EACH 1.00 EACH 10.00 EACH CORTARí.1 AZ 85652 --------- TOT AL 9, (II) RAB DEPUT'Y RECORDER AMOUNT PAID $ 2002 REC4 AMOUNT DUE $ 9.00 ,1)0 THE ABOVE SPACE FOR RECORDERS USE ONLY TO BE RECORDED AS PART OF DOCUMENT 31 Exhibit I -G.2a 8429 1704 -.-.. ~-- ----- ---....-...- 01112/2004 01: 39 FAX 520+287+5515 HllHoP \:ìalleI'Y -:\'ì!l'T nOH AHAJJAV!T PUR' 1T TO'A1tS - 42-1614, 11-4 4:0 V '"1 .-1. r ¡i ST Å'I'E OF ,uuzONA. I 1 ! h.rtby C<lr\if7 tb~t the wÙl1a !luUWllallt ....1 m,d end recnrd~ I FII ~O.I ~ u. J . ~8_ .' v ¡ Co:!" ~J .f 11' D""Itc~ N._ P"ra----- .~ tll. ~".n 04 Indued: Wi,.n f'eConled mall a: Witnn. m, ll.and aAd nHleW ..Ill. Co_~'¡: PbotO.uted: Joe Paul Johnson P.O. Box 541 Patagonia, ~ BS624 COuaQ' JL"__ TN' , BJ IJoP..c:r -........ I.U.: . rOT tha ear.a!ùnoú'lI of Tel DoUan. IJ!Id othft ...&llabl. .ollJ/darad.1U, lor.., R. A. Homes, Inc. (Jþit..aUnim If!ll J. Paul Johnson aka hanDY ~¡~-cl.ïq, toJoepau1 Johnson. a married man, as his sole and separate property aU rirllt, d~I.. or !.otuM\ La ÙI. followinr ru~ pl<I~ tltuat''¡ (r Pima CowHr, Ar.;o"~: SUi! Exhïb1t ",.Of attached hereto. cc .bo N ....0 -....J o Ul C~UD!'J 0' ARI~ONA Maricopa } 11I- 88 l:v: a~PZ?~a Nevada Corporatio Its: Sec¥t +r¡..,y Thil inltNUIIllt wu admoyledpd tldore ~. tlli- 17th da, øf October u..!!L Dr p~ul A. Katz, secretary of R.A. es, Inc. D~ thl- 17th .I., or October STATE OF 11,. coau:aiølaD wfIl ~Ino --.-...--- oqr.:.LI.L~ . GENEVIEVE B. COUlSON NIl.., N:Ic- ~ II . \ ~"CWßY u,QIoIIII.E'I'M_- ø.~ G"'" PI1b~. Exhibit I -g.2a 32 Ul/~¿/~UU4 Ul.J~ tAA ~¿U+~ö/TJJ1J .tl.lJ...Lt...I.JJ! \.)u..L..L~1 J EXHIBIT "A" WLB No. 186031 June 13. 1988 Page 1. 1t1~ Group IlIe LEGAL DESCRIPTION R.A. HOMES TRADE That portion of the Sout~est One-Quarter (SW 1/4) of Section 27. TDwnship 12 South, Range 12 East, 6ila and Salt River Base and Meridian. Pima County. Ar;~onat described as follows: Crn~MENCING at the Northwest corner of the Southwest carner of said Section t7; : THENCE S 00033136" E. along the West line of the said Section 27, a (,istance of 84.00 feet. to a point on the arc of a non-tangent curve concave to the Northeast, a radial line of said curve through said point ha'f1ng a bearing of S 57033152u W, said point being on the Northeasterly right··cf-way li~e of the realigned Silverbe1' Road; . THENCE Southeasterly along the said Northeasterly right-of-way line, along the arc of said curve, to the left. having a radius of 3.840.00 feet and' a central angle of 004029104" for an arc distance of 300.55 feet to the POINT OF BEGINNING; THENCE Southeasterly along the said Northeasterly right-of-way line, along the arc of said curve. to the left. having a radius of 3,840.00 feet ë~nd a central an91 e of 001046111- for an arc di stance of 118.61 feet to a non-tangent line, said line being the Northeasterly right-of-way line of the Cortaro Water Users Associatfon. Rillito Canal, as recorded in Book 107 þliscellaneous Records at Page 151. Pima County Recorder1s Office. Pima Coun~. Arizona; . .- THENCE N 25002127u W. along the said Northeasterly right-of-way line. a Iii stinee 'of 47.35 feet to a po; nt of curvature of a tangent curve conçave to the Southwest; , THENCE Northwesterly along the said Northeasterly right-of-way 1 ine, along the arc of said curve, to the left, having a radius of 1,964.93 feet and a central angle of 008°2612511 for an arc distance of 289.46 fe!t to a non-tangent line , THENCE S 8904311411 W. 29.96 feet to a point on the arc of a non-tangent I:ur.ve concave to the Southwest. a radi al 1 i ne of sa1 d curve througn sai d pornt having a bearing of N 56°02104" E.. said point being on the Ue,rtheasterly right-of-way line of existing Silverbell Road. as recorded in Ueck 3, Record of Survey. at Page 42. Pima County RQcorder's Office, Pima County. Arizona;' Exhibit I-G.2a 33 8429 1706 U1/!lI¿UU<! Ul:J~ FAA b~U+;¿/i+;);)l;) tilll LUtl lrCi.l.L~l'.) 't:;J v v -,.' WlB No. 186031 June 13, 1988 Page 2. hß1J l;roup Inc THENCE Southeasterly along the said Northeasterly right-of-way line) along the arc of said curve. to the right. having a radius of 1,939.98 feet and a central angle of 006054124~ for an arc distance of 233.86 feet to the POINT OF BEGINNING. Containfng 0.166 Acres or 7,212 square feet more or less. Prepared by: ìHEJ~B GROUP, INC. I~f~~ Xenneth E( z;s~, R.L.S. 34 8429 1707 Exhibit I -G.2a Ull1212004 01::J9 FAX 520+287+5515 li1UlOP Gallery Lt:!.:JI..I I -", --:. .' jJ, . ,STATE of A 11;1 ZONA } ss. ' ~OU)\'TY OF PIMA .,..J; Wilnc$5 my blind :nd Official Snl. \ hereby cmiry \hat \1)c within inllrUmeOI ....al filed for rc;cord in Pima COUP\Y. SlIl1e of Anz.ona Mike Boyd No. Book 0....... 0 . . . . . . . 0 ., Palle ................. Datc: "......,.. ..... 0.'..······················ Requcst of: Jl Indexed Palcd ÐlolIcd Counly, R.ecordtr. By.. ........ ..... ......... ..0.......·....···..· .....0..·.. ..0. 0".···..·········,,· ~~ fu :\ L ,...ì.1 'I aR ¿El £ .e .à J1 THIS INDENTURE, made ~his ~~ day of J. Paul Johnson ~")..'-c' ~............. . 19~:\ be~wcen .n hereinofter known as the part-x- of the first part, and the ·Town of· Marana, Arizona, a bo~y po1;tic~ the part of the second part: - ,~ WITNESSETH: That the said part ;:J- of the first part, be.ing sole owner - of the hereinafter describ<d reaJ pro p.ny. lor and i" eonsider.tion o!the sum 01 One Dollar, and 0 ,ber vaiuablcconsideration', tb. rern pt where 01 is bereby confessed aod acknowledged, do by these presents grant, bargain, seD, convcy and confirm unto th. said pany o!thcsecond P an, and to its successo.. and as,igns I orever, aJl the right, ti~e. interes\. ciaim and demand which th~ said pan J- of ~he first pan haS..- in and to the following describe.d real e.5tatc and property situate in t,he Coun\Y of Pima, State of Amona. to-wi~; !I jl j J ?arcel 5 as shown in Exhibit A I J J ,.- e_ - 35 Exhibit I-G.2a \ form 10-50 I ;j ,J.!.. l 1 ! :1 ,u... ,~ .1 1 ."~ ,] J j j I ~ ~ .-L J UI/HI;¿UU4 Ul:J1/ FlU. 5~U+~lSi+ool;' ;:.P til.lJ. ~U}} utiJ.J.t:~l·'y ? ~u..... . . 'TO HAVE AND TO HOLD the samc. together with all and singular the appunenanccs ¡me: privilegc. thereunto ·,J~longjng. in anywise apperLaining, and all Lhe estate. righl,litle, intercst and claim whatsoever of the 5IIid parl__ of the first pan. either in law or equity. in possession or expectancy, to the only proper use, bendh and behoof clf ¡he said party of the second pan, its successors and assigns forever. I~ W1TNESS W~ EREOF. the said pan ~ of the first pan h~ hereunto set ~'~'I STATE OF ARIZONA } ss. COUNTY OF PIMA T~is instrument was acknowledged before me this ~~ day of ~).. "'<- ~ \.-.. 19~. 'ïJy ~. ~~~ \.. \::..('.'--~,..'~ ~--- and ~ N...~. \.. \. ~ ~ '\. . . 1 My t'omrl1l~O[) t"pITt~; '. Approved and Accepted ATTEST: . Town of Marana Pima County, ~rízona "OTE:: I:o~ adoplc:d ò1nd rc:vised ~o'Y. 25. 1957 Town of Marana Pima County, Arizona .19~. ,19_. 36 Exhibit I -G.2a Form 10-50 Ul¡l¿/¿UU~ Ul.J~ tAA ~LU+¿O/~~J1J 11.LI..I. LUtJ "<:1.1..1.<::1 j EXHIBIT A ... . T~~ lrroup., WLB No. 186031 February I, 1989 No. 5 LEGAL DESCRIPTION JOHNSON PROPERTY RIGHT-OF-WAY DEDICATION SILVERBELL ROAD That portion of the Southwest One-Quarter (SW 1/4) of Section 27, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian. Pima Cour: ty:. Ari zona, described as fall ows: COMMENCING at the Northwest corner of the said Southwest One-Quarter (SW 1/4) of the said Section 21; THENCE N 89043114" E, along the North line of the said Southwest One- Quar·t~r (5\01 1/4). a distance of 352.00 feet to the' East line of that parcel of land as recorded in Docket 6744 at Page 119, Pima County Recorderls Office, Pima Caun~. Arizona; THENCE S 00°33136" E, along the sai d East 1; ne. a di stance of 561. 21 feet to the POINT OF BEGINNING; THENCE S 00°33136" E, along the said East line. a distance of 169.85 feet to the Northeasterly rí ght-:of-way 1 i ne of the ex; sting Si lverbel1 Road; THENCE N 25°0212711 W. along the said Northeasterly right-of-way line, a distance of 371.77 feet to a point of curvature .of a tangent curve concaie to the Southwest; THENCE Northwesterly along the said Northeasterly right-of-way line, along the arc of said curve, to the left, having a radius of 1,939.98 feet and a central angle of 002001105u for an arc distance of 68.33 feet to a point on the arc of a non-tangent curve concave to the Northeast. a radial line of said curve through said point having a bearing of S 53°04148" W, said 'point being on the Northeasterly right-of-way line of the realigned Sil'(erbell Road; THENCE Southeasterly along the said North~asterly right-of-way ;ine, along the arc of said curve, to the left, having a radius of 3,840.00 feet and a central angle of 004023'35" for an arc distance of 294.42 feet to the POlIn OF BEGINNING. Contdning 0.34 acres, more or less. Prepa red by: THE,)lS GROUP, INC. ßd~~ Kenneth~~ann, R.L.S. 37 .- Ui/ ill ,UU4 U1: J\J l'AA ;)l.U+,1) I -¡-,,;)l" .~l.I..L.L~UJ! \.:Jti.L.!,<::! J III· . ' - \ EXHIBIT A t' /d II é. 2:00' . ,.' . .: -- PAUL JOHNSON ~ C.W.U:A./C.M.I.~. . CANALESM~ Li ABANDONED ,v ~ ~\~ "" tt\ " . £=Ag,q.9þ' ~ ~ \ ¿)~ ¿)Z-¿?/~" ~ -. ¿;¿J. ~?' ~ ,\ ~ -~ - .' .' .'·~1·1').~ T. 1:1 s. R. 12 E. .~ ~O ;0 0\9. ~ ~ . .' ~. ~~c:::o' , " :.¿1 = OJ. #I Z'3 "3J7 ¿. G 2'94.4-2' Exhibit I-G.2a 38 No. 5 CONTINENTAL" RANCH RIGHT-OF-WAY DED[C~JION 01/12/2004 01:39 FAX 520+287+5515 Hill top Gallery EXHIBIT B lß)1l WLB No. 186031 July 20. 1988 No. 3 __ T~~ ~OUP Itv:. LEGAL DESCRIPTION PAUL JOHNSON RIGHT-OF-WAY ACQUISITION Th¡lt portion of the Southwest One-Quarter (SW 1/4) of Section 27. TO'f.'nship 12 South, Range 12 East, Gila and Salt Rfver BasI and Meridian, Pima County. "rhona, described as follows: 'COMMENCING at the Northwest corner of the Southwest One-Quarter (SW 1/4) of said Section 27; THENCE S 00°33'36" E, along the West line of the said Section 27, a di5tance of 84.00 feet to a point on the arc of a non-tangent curve concave to the Northeast, a radial line of said curve through said point hadng a be.iring of S 57033'52" W, said point being on the Northeasterly right-of-way l;n~ of the realigned Silverbell Road; 'THENCE Southeasterly along the said Northeasterly right-of-way line. al.:mg the arc of said curve. to the left. having a radius of 3.840.00 feet and a central angle of 000048'52" for an arc distance of 54.58 feet to the POItIT OF BEGINNING; THENCE Southeasterly along the said Northeasterly right-of-way line, a10ng tñe arc of said curve, to the left, having a radius of 3,840.00 feet and : a central angl e of 003040 12 for an arc di stance of 245.97 feet to a point on the arc of a non-tangent curve concave to the Southwest, a ¡adi al line of said curve through said point having a bearing of N 62°56123" E. said point being on the Northeasterly right-of-way line of Silverbell Road, as recorded in Book 3. Record of Survey, at Page 42, Pima County Reco'tder's Office, Pima County, Arizona; THENCE Northwesterly along the said Northeasterly r1ght-of·way line. along the arc of said curve, to the left. having a radius of 1.939.98 feet and a central angle of 006054'2411 for an arc distance of 233.86 feet to a ncn-tangent line; , THENCE S 8904311411 W, 22.69 feet to the POINT OF BEGINNING. CDnt~ining 0.07 Acres or 3,163 square feet more or less. PrerJa red by: THE W1B GROUP. I NC. :'// <ffI ¡f~ f~'( Kl!nneth .( Zi! nn. R.L.S. 39 U1/12/2004 01:39 FAX 5~0+287+5515 Hilltop Gallery le'jU \ EXijlBIT B . . . S. 89- ¿3'14'\tU. ZZ,tø~' ~~ ~.£:O' cd: 0,,"40' IZ" L ~ Z'4~· t:;,'ì . PAUL JOHNSON t= 1~~~.~5' .J :. ors,-:,a.' Z ¿" ¿.. z~~·sc.:.· AREA·TO BE ACQUIRE BY PAUL JOH"NSON ~ ~ .ffi .1-.1'00' T. 12 S. R. 12 E. - . .. .- . '" .... .' ,.. ...."-.: ',' , " ." -.. .... Exhibit I-G.2a No.3 40 CONTINENT AL· RANCH PAUL JOHNSON PROPERTY I1;1en"l~TT U connect to Coyote Trail School to the southeast. In addition, there are bike and pedestrian paths along the Santa Cruz River Park (see Exhibit I-G. I) pg. 28. I-H. RECREATION AND TRAILS The Picture Rocks Wash Trail runs north/south west of the site and connects to the pedestrian way along Silverbell Road before continuing north to connect with the Santa Cruz River Park (see Exhibit I-H. I). I-I. CULTURAL, ARCHAEOLOGIC, HISTORIC RESOURCES Onsite Resources (........ According to Su Benaron at the Arizona State Museum, students from the University of Arizona inspected the parcel in 1981, and one site- AZ AA: l2:266(ASM) was found. The ASM therefore recommended an "archaeological surface inspection" be conducted on this property proir to any ground modification activities (see Exhibit I-I.1 a). Laurie V. Slawson, PH.D.,RPA, principal investigator of Aztlan Archaeology, Inc., Arizona Antiquities Act Permit No. 2004-2bl, has inspected the entire parcels 226-25-007 A & -6A and recommended archaeological clearance (see Exhibit I-I.lb). I-J McHARG COMPOSITE MAP Exhibit I-J.1 is the required McHarg Composite map showing various characteristics described in the previous section of the Inventory and Analysis. Any restrictions on the site are listed below. Topography a. There are no restricted peaks or ridges on the site. b. There are no rock outcrops on the site. c. There is a manmade slope of 15% or greater. Hydrology a. There are no IOO-year floodplains with a discharge greater than 100 cfs. b. There are no sheet flood areas on the site. c. No portion ofthe site is within a federally mapped floodplain or floodway. Vegetation The site has vegetation belonging to the palo verde- bursage community. There are a few cacti present. Wildlife There is no designated wildlife habitat on the site. Viewsheds There are areas of high visibility from the site. 4] ~ --:- ~ 1;1 ~¡III\I,JI\I\,JiJfl.fliJ- \, \~\ """"" -º-;-;;: - w' = "I!f{~ '" / ,,"- ~m ~ "' jj~~~ ~ u~ A "',~~~ L I. ~mm ~7h C§,¡,¡. ~ /" ~ ~~" - æ ~~~ ',~ r- l HBffiffiffi¥;~.~ w.~ ~ LY""",,>~,: ' J ~~ f &ffi1ffiffilffiffi~~~ ~W~~ ~ /J ',~~ ", ' '<. ~ ~ èS I H.~.. ~ '" I, ""':" I· - ~'~/ _)'I~_,,~ "";, ~" ", rf. 'I / ~P:'~. 1! \f I ),,', ....- ..,~ - , Rffi¡ ;r ~~ = 'f. \., ~ // / I I ffiII!E¡ V' ~ ~ ~~Ii!!tíj ¡¡;¡_ -a¿ ~" ',f""( . ffiII!E, '" , ~ "¡" ~ \. ''1 I, '0 \ ' [09) ~ alus f::0. ' ; ßfflf!fYv ): " ~ " \< 1~~1.~\ ( l~ ~ ¥/:S ¡ ;/ ~ iIDWB&~{I w";;;,~ »n~ ~f!~'-ll ~ ~U - ~\'It c!~~ ~~" 14 (¡ (~~ ~1'~'J~~IIJ® ", '~~ l [ -Í 'Yr p · / ~ \\. :;:Iì.,., A ¡ "",. "''''' '{Uj} r" V ~, ,L ,/!.(> "W¡p I \,~ ;),t-j¿:1" >}y ~I >' ", , ;;<, "'~ L r ~ ~ ~ q'~1 ~~~\ ~~1~. ~y µ ~C/ \ \,!jj' '~ ~ , :6Y)Î:::rH~~ ~ ~ ' ~~~i I I ~·I II~ / _ J. 'bt- cuuS: :..' / I \lIJ~M, ' - lL·Jt~-ll~~_ ~ I ~ ~ I I -IT~ / ./ '\~ ~ L ~ ~ LEGEND r--- ¡----.- ±mlJl River Park rlSb I -1 :1. / í = œ Santa Cruz rc=" /, U I , ~ 0 Marana TO'M1 UmU. 1L=r:::.{-Hll F-jJ 1/ I I/'/~ Trail JU l ~ - - SCALE 1 : 20,000 I 6~ CREATION - I 4,000 ARKS & RE . H 1 ......., 2,000 P Exhibit 1_ , ,............... 0 FEET 4 2 2,000 - F Arizona State Museum PO Box 210026 ucson, AZ 85721-0026 \520) 621-6302 FAX (520) 621-2976 THE UNIVERSITY OF ARlZONA® TUCSON ARJZONA January 13,2004 Dr. Kim Perkins 2511 E. Greenlee PI. Tucson, AZ 85716 RE: Archaeological Records Check for parcel 22625007 A and -6A, located in the town of Marana in T12 S R 12E S27, Gila & Salt River Baseline and Meridian Dear Dr. Perkins: On January 12th, 2004, we received a request for an archaeological records check of the above referenced property. Students from the University of Arizona inspected the parcel in 1981, and one site-AZ AA:12:266(ASM)--was found. Since that time, the parcel has not been surveyed and the site has not been assessed. The ASM therefore recommends an archaeological surface inspection to assess the presence and condition of the site (or other as yet unknown resources), and make recommendations about the need for further work. A list of archaeological contractors is available on our website at http://www.statemuseum.arizona. edu/profsvcs/pennits/penni ttees. asp Archaeological surface inspection required under city or county ordinance, or a federal regulation, will require a written report describing the results of the surface inspection and will include recommendations. The archaeologist you select should prepare your report using the standards titled: Standards For Conducting and Reporting Cultural Resource Surveys. Most contractors in Arizona have a copy of these standards. You are responsible for providing the report to the appropriate office requiring the inspection. When surface inspections are required on private lands under city or county ordinance the archaeologist will also submitted copies of your report to the appropriate archaeological site file office. If you have selected an archaeologist from the list provided, that contractor knows where and when to submit reports. If you have any questions, please do not hesitate to call me, Sincerely, L ¿§e1^- Su Benaron -------- Assistant Pennits Administrator (520)621-2096 sbenaron@emai1.arizona. edu 43 Exhibit I-I.la Abstract '.....-. A2enCY: Town of Marana; Arizona Antiquities Permit No. 2004-2bl .- Proiect Title: A Cultural Resources Inventory of Approximately 2 Acres for a Proposed Veterinary Clinic in the 8300 Block of North Silverbell Road in Marana, Arizona (report dated 1/28/2004) Proiect Description: Class I and III surveys of approximately 2 acres of privately owned land in the 8300 block of North Silverbell Road in Marana, Arizona, were conducted for Dr. Kim Perkins. The purpose of the inventory was to locate and describe any cultural resources that might be adversely affected by proposed construction of a veterinary clinic. Location: NWV.NWV.SWV. of Section 27, Township 12 South, Range 12 East;; U.S.G.S. Jaynes, Arizona 7.5 Minute quadrangle map; Pima County, Arizona Number of Acres Surveyed: 2 acres :::- Number of Sites: One: AZ AA: 12:266 (ASM) Number of National Re2:ister-Eli2ible Sites: None I·:"·~'" Number of National Re2ister-Ineli2ible Sites: One: AZ AA: 12:266 (ASM) Comments: AZ AA: 12:266, a small Hohokam artifact scatter, appears to have been destroyed by a variety of impacts since the time of its original identification in 1981, as no surface evidence remains of this site either within the project area or in the adjoining property. No additional fieldwork is necessary; archaeo!ogical clearance is recommended. No other eligible cultural resources are adversely affected by the proposed undertaking, and archaeological clearance is recommended for the project area. 44 Exhibit 1-1.1 b .~_____.~.,~~,,_.o_.__..,__..__._~ N SCALE 1 : 1,000 ~~~______I - ·'-'---1 50 0 50 100 FEET 150 COMPOSITE Exhibit I-J.t t~ 45 Y'<''''' Part II - Land Use Proposal II-A PROJECT OVERVIEW The following land use proposal develops design concepts derived from the preceding inventory and analysis of the site's unique characteristics. The proposed zoning for this development is CO (Commercial Office). This zoning is consistent with the adjacent uses and zones. II-B TENTATIVE SITE PLAN The Tentative Site Plan Illustrates the design concept (Exhibit II-B. 1). The project will be a one story office. Signage and outside building lighting as per the Silverbell Road Corridor Overlay Regulations. Existing house will be used for hospital storage, i.e. records, x-rays, and equipment. II-C EXISTING LAND USES 1. Zoning boundaries and existing land uses on adjacent properties (Exhibit II-C.l) pg. 48. 2. The proposed office is appropriate for Silverbell Road and offers opportunities for neighboring planned developments in tenns of local employment and services. II-D TOPOGRAPHY 1. Approximately Yz the site will be graded with the exception of those areas, which can be preserved as landscape buffers. 2. The manmade 15% slope on the site will be impacted by site grading. On-site grading will not affect existing manmade drainage features off-site. 3. The cross slope of the total pre-project area of the site is less than 15% making it unnecessary to take advantage ofthe allowances provided for in Title 19. II-E HYDROLOGY 1. The Tentative Site Plan does not affect any wash or floodplain area with a 1 DO-year discharge greater than 100 cfs in a natural condition. Therefore no modifications to washes will occur in conjunction with this development so there will not be any impact on overall drainage patterns. 2. None ofthe project features will encroach into a 1 DO-year floodplain area so mitigation is not required. 3. The proposed project will result in a minimal increase in runoff ( 1.8 cfs increase for lOO-year event). Therefore, there are no drainage impacts as proposed under the Tentative Development Plan and the drainage impacts map has been omitted. 4. This project will not result in any impacts to off site land uses both upstream and downstream of the proposed development. There are no drainage/erosion problems on the site, therefore no special features are provided. Drainage of the site will be to the northeast comer as currently occurs. The existing concrete channel at the northeast comer will drain the site as it currently does. Drainage of the site is shown on Exhibit II-EA. 46 TAX CO/)( 126-25-Jl5() TAX COO[ 126-25-J/60 TAX COD[ 226-25-J25 TAX COO[ 226-25-J/8 TAX CODf 226-25-J/9 z :::~:¡J: f JJ:.gg: f%f~S) ~ :! >- ª TAX COOf 226-25-J26 \rJS ,------------------------------------------------- .--- ! ! ,----------,----_____,__J \\ \\\ \\\ \\\\ ¡: ~. ~ ~ TAX COO[ 226-25-J270 <J> Ý ~ '" ~ '>'-- «': -" <'..... ~ "\ ~ C' ~1b ~ NOTES: Proposed Uses; Veterinary Hospital Storage for Hospital (HoLlse) Scale: 1· = 100' Lot Size: ±2.196 Acres Building Floor Area: ±6000 SF. (Includes House) Building Coverage: ±6000 S. F. (Includes House) Site Coverage: 6.25% Parking Req'd: 17-20 Accessible Parking Req'd: Parking Shown: 3 I Accessible Parking Shown: :2 47 Exhibit II-B. 1 >- 0r- a::: 0 z - z 0 N C W CJ) 0 a.. 0 ~ a.. Z ..J:5 <{Cl. -u u_ 0:: LL I LU- U I ~U Z I- ~~ 0:{ 0:: o UJ a:: 0 00:: ..J Z 00 o:{UJUJ LU I- ~ ~ (9 Z Z 0:: 0:: ~Z<íLU<{o:{ Zz ...J~LLLL (90Cl.1- « o -N UZ«~ Z~>-u:::O~- ~ OeD Ü.UCl.Cl. UJ ~ ~ . -1~ UJ I ~~ __·~..,..N~~'_~'_ ..... MAP II-E.4: DRAINAGE OF PROPOSED PROJECT SITE ...- TAX c:tX:é 'AX c:w£ :z:l6-~.!f8 m-Z-S79 C. CHANNtL ~~i-ì .. \ ').:> ~\J\ì -7 .<')} \0° -7 ' 00\00 TAX Ct)()[ ~-.15-J3S o TAX 000£ m-:1S-J::70 t;ï 11' . J! ~ I~ ! ~ Proposed Site Plan Scale: NTS 49 HYDROLOGY Exhibit II - E.4 5. Engineering features are not required to mitigate drainage and erosion impacts because there are no washes affecting this site and onsite drainage is minimal. There are no basin management plans for the project area. 6. The Tentative Site Plan conforms to all applicable area plans and adopted Town of Maran a drainage policies. This project has no impact upon the Continental Ranch Master Drainage Plan because the project will not result in any changes in flow patterns or downstream peak discharge rates. II-F VEGETATION The majority of the site has been graded previously as shown on Exhibit I-D.lb, pg. 19. Existing, healthy vegetation shall be salvaged for use onsite or preserved in place when feasible. All native plants impacted by development will be dealt with in accordance with the Marana Development Code Title 17, and in accordance with the Arizona Native Plant Law. II-G WILDLIFE / BUFFERING / LANDSCAPE Threatened or Endan!!ered Species There is no critical habitat on the site. Buffers Several landscape buffers are required for this development. One fifteen-foot wide buffer yard is required along Silverbell Road, a twenty-five foot wide buffer yard along the north and east boundaries for such transitional yards (Exhibit II-G. 1). Landscape Guidelines for landscaping buffers, off-street parking areas and roadways will be met per the Town of Marana Land Development Code, Title 17. The landscape buffers will contain the following minimum planting materials; six (6) - 15 gallon trees, fifteen (15) - 1 gallon shrubs and ten (10) - 1 gallon ground cover / accent plants per 1500 square feet of area. Existing natural desert may be utilized to meet or exceed these planting requirements. Landscaping standards for off-street parking areas will have a minimum of fifteen (15%) percent of the gross parking area (includes all paved access and parking areas). All landscape areas within ten (10') feet of the perimeter of the gross paved parking area may be included in the 15% gross parking area. A fifteen (15') foot minimum width landscape buffer will be between the parking area and the public right-of-way. This area shall include a minimum three (3') foot tall decorative masonry wall. At a minimum, every group of ten (10) parking spaces will be separated with a raised curb landscape planter island measuring a minimum five (5') feet in width by the length of the parking stall, containing a minimum of one (1) canopy tree and two (2) groundcover plants per planter island. Every one-hundred fifty (150) square feet oflandscaped area will have a minimum of one (1) tree, five (5) shrubs and groundcover plants as required per the Land Development Code. Plants will be selected from the Official Regulatory Plant List under Title 17. II-H VIEWSHEDS This development may slightly impact the distant views of Stafford Peak from the Continental Ranch homes east of the project site. In addition, the distant views of Rattlesnake Pass trom the Continental Ranch homes south of the project site may be slightly impacted. II -I TRAFFI C 50 TAX COOf 226-25-)150 fA-X COD[ 226-25-J25 TAX COD( 226-25-JI8 TAX COOf 226-25-J'9 TAX COOf 226-25-J26 ~ <'¿.. ~ '" ~ ...~ ~ ""-:¡, <'<, .,. -<> G' ~ ~ -z::, Depth of Buffer 15' minimum 25' minimum Plant Count 2.0 per 100 sq. ft. 1.5 per] 00 sq. ft. Scale: 1" = 100' BUFFER PLAN Exhibit II-G. 1 51 1. Silverbell Road. Traffic Impact Statement (see Exhibit 1I-I.l). a. The proposed internal circulation is not required by Traffic Engineering. Two driveways are proposed for access separated by a minimum of230 feet (centerline to centerline). Both driveways are to be right-turn only, for ingress/egress. b. No future off-site road improvements known within one-mile. c. Projected ADT for internal circulation systems at build out and level of service to all streets not applicable to the proposed use. d. The results of the Traffic Impact Statement indicate a maximum of22 trips in the mourning peak hour and a maximum of22 trips in the afternoon peak hour that will not impact the existing development abutting off-site streets. e. Capacity analyses for proposed internal and off-site streets not required for this project. f. Description of improvements to the streets in sub-paragraph "e" above not required. g. Agency responsible for making necessary improvements not applicable. 2. A description of on-site street rights-of-way, roadway sections, and ownership not applicable. 3. The proposed project will provide connection to the existing sidewalk system along the northeast side of Silverbell Road. n-J PUBLIC UTILITIES 1. Sewers Per PCWWM, there is capacity in the existing 18" public sewer at the south end ofN. Sayante Way east to the property (see Exhibit II-J.l). 2. Gas A gas main line running parallel in the east easement of Silverbell Road is accessible (see Exhibit II -1.2). 3. Water Tucson Water has indicated there is capacity for this development. A 12" water main runs parallel in the east easement of Silverbell Road (see Exhibit II-J.3). 4. Electric There are existing electric lines underground running parallel in the east easement of Silverbell Road. Currently, underground lines supply the existing house on the property (see Exhibit II-J.4). II-K PUBLIC SERVICE IMP ACTS 1. Police This development is just one small property in the ever-increasing Marana patrol area. New police officers will not need to be added to patrol this office. 2. Fire Service This site is currently within the Northwest Fire Department service area. The nearest fire station is at 8165 North Wade Road, less than Yo mile away from the project site. 52 65O W. Uncia VISta Blvd. Ora Valley. AZ 85737 Ph: (520) 982-9256 Fax: (520) 797-3153 dmaengineering@comcast.net July 26,2004 Dr. Kim R. Perkins, D.V.M. 2511 E. Greenlee Pi. Tucsan, AZ 85]16-1140 RE: Silverbell Raad Animal Haspital - Traffic Impact Statement - Revised Dear Dr. Perkins: In respanse to. yo.ur request, DMA Engineering, LLC has prepared this Traffic Impact Statement (TI$) far the pro.po.sed Silverbell Ro.ad Animal Ho.spital. The o.bjectives o.f this TIS are: Identify existing traffic co.nditio.ns based upo.n existing Pima Asso.ciatio.n o.f Go.vernments traffic vo.lume info.rmatio.n. Based upo.n discussio.ns with To.wn staff and predicted o.nsite traffic generatio.n, identify po.ssible physical (if necessary) impro.vements to. Silverbell Ro.ad. This TIS has been revised to. respo.nd to. co.mments received from the To.wn o.f Marana an July 22, 20.0.4. Study Area Co.nditio.ns The pro.püsed develüpment cünsists üf 4,90.0. square feet üf animal hüspital use to. be lücated an the east side af Silverbell Ro.ad, narth af the intersectio.n with Wade Rüad. Please refer to. the site plan (Figure I) far graphical depictio.n. Silverbell Rüad is a füur-Iane divided rüadway with bicycle lanes in both directiüns. There is presently a full median o.pening at Wade Rüad and at Sümertün Drive to. the nürthwest. Area land use is predaminantly residential in nature, with same co.mmercial and institutianal (Cüyate Trail Elementary Schaal) develüpments to. the süuth. Analysis o.f Existing Cünditiüns Silverbell Rüad is a thrüugh street with a püsted speed limit o.f 45 miles per hüur. Pima Assaciatiün af Go.vernments reparts a daily valume af 20.,80.0. (repürted 7-21-0.3) far Silverbell Rd. between Wade Rd. and Scenic Dr. Civil Engineering · Public Works · Traffic · Water Resources 53 Exhibit II - 1.1 ~,''''* According to the State of Florida Department of Transportation's "Q!1ality/Level of Service Handbook" (2002) the theoretical capacity of a 4~lane divided roadway can be assumed to be 31,100 vehicles per day under a Level of Service D. The Town's "Sub~Regional Transportation Study" for the Continental Ranch area (CLA February, 1997) states that this segment of Silverbell Road has a capacity of 36,700 vehicles. Projected Traffic Trip generation rates for a broad variety of land uses are set forth in Trip Generation, Institute of Transportation Engineers, 7th edition, 2003. In the absence of the specific proposed land use, a land use of Medical~ Dental Office Bailding (Land Use Code 720) was assumed. The trip rates are: W eekday (Daily) trips: AM peak hour (generator): PM peak hour (generator): 36.13(*) trips per 1,000 sqft 22.35(**) 22.19(**) 500/0 in, 500/0 out 660/0 in, 34% out 400,i) in, 60o,i) out * As determined by applying the Average Rate of 36.13 (the Fitted Curve Equation produces a negative number) ** As determined by applying the following Fitted Curve Equations: AM: T =3.49(X) + 5-25 PM: T = 4.43(X) + 0.48 Where X = 4.9 Application of. the above trip rates (based upon the proposed building square footage) produces the following trip table for the Silverbell Road Animal Hospital: AM Peak Hour PM Peak Hour Area Daily Trips In Out Total In Out Total 4,9°0 177 15 8 :u 9 13 22 Trip Generation Table Peak hour trips to/from this development will be assigned to the street network according to the adopted directional distribution concept. Since no phasing of the animal hospital is proposed, the existing traffic volumes were not increased to represent growth in background traffic. Directional Distribution Given the greater residential population to the north it is estimated that a reasonable directional distribution of trips is 7o~percent to/from the north on Silverbell Road, and 30~ percent to/from the south on Silverbell Road. Proposed Access Two driveways are proposed to be separated by approximately 190~feet (centerline~to centerline). Both driveways are to be right~turn only, for ingress/egress. A separation of 230-feet (centerline-centerline) is required by the Town of Marana based on Pima County's Draft "Subdivision and Development Street Standards". Town staff have indicated they are Civil Engineering· Public Works · Traffic · Water Resources 54 Exhibit II-I. 1 1"- ,>- . .. applying the Draft standards to new development proposals. A minimum of 230~feet of separation should be provided. The northernmost driveway is proposed to be approximately 430~feet south of the Somerton Drive median opening (according to recorded plats and Figure I) based upon the 230~foot driveway separation described above. This separation is considerably greater than the City of Tucson's "Transportation Access Management Guidelines" requirement for a separation of at least 30o~feet. Conclusions Additional maneuvering area is available within the Silverbell Road bicycle lane (when not occupied). As discussed with Town staff, predicted peak hour volumes are not considered sufficient enough to warrant auxiliary lanes on Silverbell Road. Best of Civil Engineering · Public Works · Traffic · Water Resources 55 Exhibit 11-1.1 T"X COD£ 226-25-J'60 T/oX COOC 226- 25- J2S T"X COD£ 226-25-JIB T/oX COOC 22ð-25-J'9 T/oX COD£ 226-25-J26 / JAJÇllØ T/oX COf)[ 226- 2S- J270 ~ ~ ~ ~ ! i Proposed Site Plan Scale: NTS Figure I Exhibit II-I.1 56 .... .... - ~: .... ~ "It co c"i ~ ..- '..... ., ~ .- .---~ :J: ..8 <t: Þ-z at ~l~ ~~ N I~ ~~~b~~w LU~<Z 1f):J: :J: 111) -~.... 0- ;:~ ¡ IOI<O-~IQ z>......... ;:) :cc<~<;:)gz ~~U)~8 Q ozxC)<oÞ- u...... v~.... :z:~cn~~~ u.. oa:wCJ trO _:;:)o~o 0)- .... _ ... \.0. ",ußÞ- w:z*:: i2~ ~S~-~ a: en g: cr: iLl ~ X c ~:~~l~~~ -xx;:) o~o L/Jl-gW ()o~ ï=~ ~C)~E.~ - ." / // / /' ;/ /' ..~// / / .-- / ....',.. .// ~\// ./'/ , ;/ ~//Q)\\ / ;,/ ~~ ( ~\ \ \~~ \ '\.\\ 57 SEWER Exhibit II -J.1 d ~§"~~!!X~ _~::a:o~OQ t; ... t- F ~;:a .. ¡~~~æ;~ oø.......~õ .~ (,,) uJcf) . 0 Þ- C .... . UI z- oa:.,zx-c'¿ z"wzet ø i5~J=ootri- :1O;;!~i~ã ~g~o~§~ c-cu.....;jC-w zU)w:Zo::;)~ <v....õ,..at\IJ w:I:'<Q.;:;c:;¡:: I(/) --.:> -l 4( ... .... :;)U)æ<2....~ oø::D.Slogo xw. m::;Z::C -,~LII>-III)Z:~ ~CI)~g:~8~ --....--.. --- vg,~Q. I"'" .,..",,,,oj HIHQ. CI."'-"'.'''" ,",,"I ~ ~C ;¿§ ~~ C~~ f...~:£ t-..~~ .~~ ~ ~~ ~ ¡,;. r- " o ~Z &nO IØ~ Ia: NW .....:r -to ~cn g~ ~O IØ~ ~::i -W ~~ IgW ~> ;.J .... U) ··P:~ ~i~: z . , -';i::- ~::i:- ...- ~ ~ ~ ::r: ~ ::E ~ ö ~- yv~ ~~ s~4Þ 58 I Gj¡IQ ",-v. "'- GAS Exhibit II-J.2 f"··- \-' CON71H[J(rAL RANCH PARŒL-~- 41/4J - 10' I.' 'jI( 1170;) 1109 15' -= . XI3 "Of .J- ~ + .,# ..pO ~O 1 e'e~ 59 WATER Exhibit II-J.3 UJ../UQ'U't !~'40 J..".U¡) CI\A ¡)"U IIU I¡)U" -.'-'''~ < !~ J. j .... ..... ....Y ':;.' II' ~ ... ~ I ~-~~ y'. '., "0 .~. '\..... '. " C'oI ,,' /" N N ,.., I'- N C'oI N N C'~ .--'- -'J - á' ~ + z:~ I ¡;:;8~~' I\lYJI Y9t- I -........ '....,........- .... ...... . ' I~·;l'" ~;ri 9<j;(I .·1······..,·· ~~.. .",' .·...1 , - , ----- . .' ¡ ..... ~. .," ..,' ." p-Q ~..o ¡ co! ~\ C'oI! ~ Iv (("Iv ('-ø C'oI ..j<& or- ,Iv N"7 Ol:.;)! 1/'1\ 91~IP; 1 ÞOOZ/~I)/ III :O:IJ.LOïr :U va IQJ uUJ. ..... " :;: / aG.. f· J/ ¡ ~ .~ .,. .... ,,~ (;-V'~I -z( ~111!1:J .,,,,\ : ""!'IJ"ri JQ , .LI\~1'4r10:) ", :.f{ I') ...... " -\ 't>- "" .::;.c~ "'/~ ~o ,,..... ~~ ·~·······~../i~ ..~ , , ". t",,) '. ". ". ". .... ... I i ,.. ~'. ..~"'...... . . . ',)# . .- . - .. - . , . \ . .. . 'T · J\,¡- ~ . ...... ~ ~._ II ~ .'.~:':::' - ~..::..:..:.: -:..:..:..:...: - ~- :-..:..:..:'.-=...:....-... ELECTRIC Exhibit II-J.4 60 3. Sanitary Pick-Up SFI or Waste Management should be able to fully serve this development. There will be an enclosed dumpster with gate access. 4. Schools This development will not impact school capacity. 5. Parks This development will not impact parks in the area. II-L RECREATION AND TRAILS 1. No recreation areas will be provided. 2. Ownership of open space within the development or access to off-site trails not applicable. II-M CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES 1-3 This site has been surveyed and archaeological clearance is recommended for the project site (see Exhibit 1-1.1 b), pg. 44. Complete survey reports have been submitted to the Arizona State Museum and the Town of Marana. II-N NEIGHBORHOOD SURVEY Dr. Perkins has gone door to door and personally introduced himself and the proposed project. The area encompassed in the survey were the family residences that lie within 300 feet of the proposed site boundaries. A proposed rezoning letter and the signatures of those family residences either in favor or opposed to the project are shown as Exhibits II-N.1a and II-N.1b. 11-0 ADDRESS CHANGE Since 6845 W. Pima Farms Rd. is no longer an adequate address for the property site it has been changed to an appropriate address of 8300 N. Silverbell Rd. (see Exhibit II-O.I). II-P SIL VERBELL ROAD DEDICATION The Silverbell Road Right-of-Way, WLB No.186031, will be dedicated via Final Plat or by separate instrument coincidently to fmal acceptance of the Rezone or Development Plan by Town Councilor Town Administration. 61 r- .-- Phase I Rezoning Parcel 22625007 A, 6A ,- Dear Neighbors and Perspective Clients: , This is a letter introducing a community service and myself to the town of Marana and your immediate neighborhoods. My name is Kim Perkins and the service I'm offering is health oriented for the unspoken members of your family, your pets. The project is a veterinary hospital approximately 4,500 square feet single story located at 8300 North Silverbell Road, Marana. Hours of operation M-F 7:30am-6:00pm, Sat 8:30am-l :OOpm,.limited emergency hours. Traffic volume estimated to be approximately' 1-4 cars per hour 'except lunch hour.. t"- I'm a native of Arizona, from the southern part of the state, Bisbee. I worked for Phelps Dodge Copper Corp. in the Morenci smelter from 1974-79. It was during this time I realized my destiny to help God's creatures so I moved to Wichita Falls, Texas where I assisted three veterinarians, 1979-83. I returned to Tucson only to find myself working in the anesthesia department of the operating rooms at University Medical Center assisting in elective and trauma surgical cases while earning my undergraduate degree at the University of Arizona. In 1989, I started my graduate studies at Colorado State University obtaining a Doctor of Veterinary Medicine in 1993. The past eleven years r have practiced small animal general and emergency medicine beginning in Sierra , '" Vista, Arizona and returning to Tucson in 1997. r have an adopted son 28 and a daughter 18. Benefits: Close proximity to major neighborhoods Professional, courteous and caring State ofthe art equipment Job opportunity Improved land site while creating a professional office Services: Retail, wellness exams, vaccinations, general medicine, dentistry and surgery This is a survey considering your approval or disapproval for rezoning the property from large lot C residential to commercial office zoning. Thank You ~~ Kim Perkins DVM 62 Exhibit II-N.la ~, - ,.^,"_.~".,.--~"....~_.__.~._-«"'-'--'--'-'---- Phase I Parcel 22625007 A, 6A Signaturµ~ Address 1~ f ~o'ð \ 9"",.Å"L ~ 2. Ilaß JLJ)J€S ~33 \ p~v- ~ -I--e 3. S£tJ¿¡f 0 {I. f}¡.LH/!-~ m~'^--.cl~~ 4.~ ~ ~ z. ~ ~L~\'(Ó q q q S DM<SL.\+o-vt 5. 'Q~ <À- D n2 0 ~rl:i - fo tiI .\ Q ~tA +crv\ I f 6. 'f'1 vi / ( j / ¡::/,.f~ 11/t?0 tv , 114 ¡Y~ Approve Disapprove 9. fJr- 7 AJ ~ cwp7JL ~ lJ(í;;~orv~ fW 63 Exhibit II-N.t b Phase I Parcel 22625007 A, 6A Signature Address Approve Disapprove ~ ~ 7NoJ¿ (jéJSr::-&Cftt.¡ S~~~A~~ ~~ ;;J~g~3}I7JJ,A~ ~ 9~?i i:::L RY~) IJ ('",-W6 /¡)'f ~ 10. --p ~/l-¿cV d -y;;v~.r b 1 ~Ó L/,~ cp ø 11, ~~/ 11 6~~g38¡</' .5f!'JAd17P V/¿, Cf:12 U ~. :~¡,) Ck pr<sG>ov<Í J2, . _ _ .;þ .éL.--,- [Nos tJ. tc~ 13. M'-- Y if 3ò 5~ . k rß.M- f ~ ~ L~\ ~~~S ~ 2, ",,^"",-~uJ .; [ . ~ ~ I vJ, ~O",~çø "6 cJ~" ~0 ,~a j'ð8/ ~ ß~lJj- ~ 4~ "'{ , f/Pt . rorJ (- 14. 64 Exhibit II-N.t b 8300 N SILVERBELL RD MAR DEVELOPMENT SERVICES DEPARTMENT 201 N. STONE AVENUE, 1 ST FLOOR TUCSON, AZ 85701 PHONE: 740-6'480 FAX: 740-6370 ,~ OFFICIAL ADDRESS CERTIFICATE PIMA COUNTY, ARIZONA ADDRESS ISSUING AGENCY ACTIVITY P04AC00260 t',- JURISDICTION: TOWN OF MARANA ASSIGNED ADDRESS: 8300 N 51L VERBELL RD MAR BLDG: T5#: SPECIAL CONDITIONS: ' ,- 1: PREVIOUS PERMIT NUMBERS P04DS00015 AND P04EQ00129 ISSUED UNDER OLD ADDRESS. - LEGAL: BKlPG: 00000 T/B/L: 1 1 PTN W352' NW4 SW4 L YG NEL Y OF REALlGNEDSILVERBELL RD & EL Y OF ABAN WELLSITE #27-L2;1 0 AC SEe 27-12-12 (T/JT 7805/941)(AB 6428/947 AB 8305/2030 AB 9496/534 )(FORMERL Y 221-~0-0070) - LOCATION INFO: TYPE: BOOK: 0 PAGE: 0 BLOCK: LOT: -. TOWNSHIP-RANGE-SECTION: 12-12E-27 TAX CODE NUMBER(S): 226-25-007 A DEED(DOCKET/PAGE): 01 0 -- ZONING MAP NUMBER: NAME OF BUSINESS: OLD ADDRESS: 6845 W PIMA FARMS BLDG: RD TS#: - REASON FOR ADDRESS CHANGE: ACCESS CHANGE ISSUED TO: PERKINS KIM ISSUED BY: AFARENGA DATE: 07/15/2004 NOTE: ASSIGNMENT OF AN ADDRESS DOES NOT ASSURE ZONING APPROVAL OR ISSUANCE OF A PERMIT! 65 Exhibit 11-0.1 BIBLIOGRAPHY The following resources, departments, and companies have contributed to the information included in this analysis: Arizona Department of Agriculture and Horticulture Arizona Game and Fish Arizona State Museum f·- Aztlan Archaeology DMA Engineering J.E. Fuller Hydrology & Geomorphology, Inc. Kurt C. Helmke Survey & Topography Kim Perkins, D.V.M. Pima County Department of Transportation and Flood Control District Pima County Wastewater Management Department Southwest Gas Tetratech and Town of Marana, Marana General Plan, 2002 ¡-"""'"" Tucson Electric Power Tucson Water Department William Paul Stamm Architect 66 .- ,- !""" ,.- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 3 TO: MAYOR AND COUNCIL FROM: Dan Groseclose, Housing General Contractor SUBJECT: Community Development Block Grant Fundin2 (CDBG): Request for approval of priorities for 2005 DISCUSSION Staff is presenting five proposals totaling $205,000 for 2005 Community Development Block Grant (CDBG) funding. The Town has received annual funding through the CDBG program av- eraging $194,000 over the last 15 years. Staff is asking Council to prioritize the recommendations (Exhibit A) and to approve the priority ranking and authorize staff to submit the final list to Pima County for its consideration. ATTACHMENT Exhibit A - 2005 CDBG recommendations. RECOMMENDATION Staff requests Council authorization to submit the approved CDBG requests to Pima County. SUGGESTED MOTION I move to adopt the recommended priority list of 2005 CDBG projects and direct staff to submit the approved requests to Pima County. EXHIBIT A CDBG PROPOSAL 2005 ADMINISTRATION $30,000 Cost to administer programs AFFORDABLE HOUSING $50,000 U sed to purchase lots in the Marana Colonia area. Houses using HOME Program funds would be built as part of the Town's First-Time Homebuyer Program. HOUSING REHABILITATION $50,000 Assist low-to-moderate income homeowners. The primary emphasis is to re- habilitate a home to provide the basic elements of a safe and decent home. HONEA HEIGHTS SEWER $50,000 Will assist the Town in converting the Honea Heights Neighborhood from septic tanks to Pima County sewer. NEIGHBORHOOD SMOKE ALARMS $25,000 Would supply battery-operated smoke alarms (one in each bed- room and one in the hallway) to low-to-moderate homeowners in the Marana Colonia areas. TOTAL $205,000 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 4 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-45: Relating to Real Estate; authorizing the acquisition by negotiation or condemnation of a permanent drain- age easement needed for the construction of Cortaro Farms Road between the Union Pacific Railroad and Star Grass Drive; and de- claring an emergency. DISCUSSION Condemnation proceedings are currently pending in the case Town of Marana v. Tucson Electric Power Company, Pima County Superior Court Case No. C20024896, to acquire right-of-way and other property rights needed for the construction of Cortaro Farms Road. It is now necessary for the Town to file an amended complaint to acquire an additional drainage easement currently owned by Tucson Electric Power Company, described in Exhibit A to the Resolution, for the construction of Cortaro Farms Road between the Union Pacific Railroad and Star Grass Drive. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-45, approving and authorizing the Town At- torney to file an amended complaint in the above-referenced matter. SUGGESTED MOTION I move to adopt Resolution No. 2005-45. {00000657.DOC /} FJC/cds 4/12/05 1:32 PM MARAN A RESOLUTION NO. 2005-45 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF A PERMANENT DRAINAGE EASEMENT NEEDED FOR THE CONSTRUCTION OF CORTARO FARMS ROAD BETWEEN THE UNION PACIFIC RAILROAD AND STAR GRASS DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, condemnation proceedings are currently pending in the case Town of Marana v. Tucson Electric Power Company, Pima County Superior Court Case No. C20024896 to acquire right-of-way and other property rights needed for the construction of Cortaro Farms Road; and WHEREAS, it is necessary for the Town of Marana to acquire an additional drainage easement described and depicted on the legal description and map attached as Exhibit A (the "Needed Property") from Pima County Assessor's Tax Parcel No. 221-18-008G, currently owned by Tucson Electric Power Company, for the construction ofCortaro Farms Road between the Union Pacific Railroad and Star Grass Drive; and WHEREAS, the Mayor and Council of the Town of Marana find that the public health, safety and welfare necessitate the acquisition of the permanent drainage easement and any other property rights associated with the construction of Cortaro Farms Road between the Union Pacific Railroad and Star Grass Drive. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorney to enter into negotiations and if such negotiations fail, to amend the pending condemnation proceedings against Tucson Electric Power Company to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal or based on a determination of just compensation by the Court or jury. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of April, 2005. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00000647.DOC /} FJC4/8/20059:10AM LEGAL DESCRIPTION PROPOSED DRAINAGE EASEMENT CORTARO FARMS ROAD - U.P.R.R. TO STAR GRASS DRIVE ASSESSORS TAX PARCELS 221-18-008G A PORTION OF THE NORTHWEST QUARTER, AND THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, BEING A PORTION OF THAT PARCEL RECORDED IN DOCKET 2510 AT PAGE 184, RECORDS OF PIMA COUNTY, ARIZONA, MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS: COMM:ENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 89<>18'08" EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 26,294.57 FEET; THENCE NORTH 00000'00" EAST, 236.74 FEET TO THE SOUTHWEST CORNER OF LOT 295 OF CORTARO RANCH LOTS 1-297, ACCORDING TO THE PLAT RECORDED IN BOOK 51 OF MAPS AND PLATS AT PAGE 6, RECORDS OF PIMA COUNTY, ARIZONA, AND THE EAST LINE OF SAID PARCEL RECORDED IN DOCKET 2510 AT PAGE 184, SAID POINT BEING ON THE PROPOSED NORTHERLY RIGHT -OF- WAY LINE OF CORT ARO FARMS ROAD TO BE ACQUIRED BY THE TOWN OF MARANA, SAID POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1025.00 FEET, TO WHICH POINT A RADIAL LINE BEARS NORTH 07°10'41" WEST; THENCE WESTERLY ALONG SAID CURVE AND ALONG SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 04°45'32", AN ARC DISTANCE OF 85.13 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG SAID CURVE AND NORTHERLY RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 08°04'04", AND ARC DISTANCE OF 144.21 FEET TO A POINT ON A NON-TANGENT LINE BEING THE WESTERLY LINE OF SAID PARCEL RECORDED IN DOCKET 2510 AT PAGE 184; THENCE NORTH 42°44'51" WEST ALONG THE WESTERLY LINE THEREOF, 2717.54 FEET; THENCE NORTH 47°15'09" EAST, 60.00 FEET; THENCE SOUTH 42°44'51" EAST ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WESTERLY LINE OF SAID PARCEL, 2652.53 FEET; P:\Jobs\126 Cortaro Farms Road\Legal Descriptions\22119008G DE.doc Page 1 of2 LEGAL LOG No. 68 THENCE SOUTH 70038'00"EAST, 147.03 FEET TO THE POINT OF BEGINNING. CONTAINING 166,983 SQUARE FEET, MORE OR LESS. P:\Jobs\126 Cortaro Fanns Road\Legal Descriptions\22119008G DE.doc Page 2 of2 LEGAL LOG No. 68 I .' .. CORT ARO F' ARMS ROAD U.P.R.R. TO STAR GRASS DRIVE PROPOSED D~NGE EASEMENT ASSESSORS TAX PARCEL 221-18-oo8G ~ C'~ O~ «~ ,,~ 13-" ,00 ~ ~ "0 ~,o -<1~)- ~ !i ~ I 'i' ~ ~ ~ ~ ~ S1 i ::> VI i ~ ~O ~ ,0 of. C}~ ~ ~ ~f ~O ~ð VI ::II ~ I CD ... ;;. ~ II:: I i f VI ::II ~ ~ 8 CD ('oj ;;. ~ :> ä: ~ PROPOSED DRAINAGE EASEMENT 166,983 S.F. SCALE: 1"=100' CORT ARO RANCH BOOK 51 PAGE 06 LOT 295 O;Z~ cnO ~ cU -w :::::Ecn CORTARO FARMS ROAD ----- - - SCPE Consultants. LLC ~~~~~í~~ 1555 EAST BROADWA Y :".. ".'¡;"."'¡;:'." TUCSON, ARIZONA 85719 ,u~v"'J"'~ 520.545.7001 TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 5 TO: MAYOR AND COUNCIL FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2005-46: Consideration and possible adoption of a Resolution of the Mayor and Common Council of the Town of Marana, Arizona, a municipal corporation of Arizona, ordering and declaring formation of Vanderbilt Farms Community Facilities District; approving and authorizing the execution and delivery of a District Development, Financing Participation and Intergovernmental Agreement (Vanderbilt Farms Community Facilities District); and declaring an emergency DISCUSSION This action item is related to the November 3, 2004 Mayor and Council study session on community facilities districts (CFDs) and the proposed Vanderbilt Farms CFD. This resolution authorizes the execution of a District Development, Financing Participation and Intergovernmental Agreement (Vanderbilt Farms Community Facilities District) (the "CFD Agreement") concerning matters related to the creation of the Vanderbilt Farms CFD. It also takes all steps necessary to order and declare formation of the Vanderbilt Farms CFD. The Mayor and Council of the Town of Marana will serve as the Board of Directors of the Vanderbilt Farms CFD (the "CFD Board"), the Town Manager will serve as the CFD Manager, the Town Engineer will act as the CFD Engineer, the Town Attorney will act as the CFD Attorney, and other Town officials will act in their same capacity for the CFD. One or more of the CFD positions may eventually be contracted to outside personnel; for example, it is likely that an outside engineering firm will be substituted as CFD Engineer, to accept and inspect public infrastructure acquired or constructed by the CFD. By a resolution of its own, the CFD Board will schedule an election in the near future to authorize the sale of a total of $31,500,000 in bonds over the life of this CFD. The CFD Agreement allows control by the Developer until the first $10,500,000 in bonds are issued or twenty years, whichever occurs first. It is anticipated that this first $10,500,000 in bonds, if the CFD Board decides to sell them, will be used to reimburse the Developer for public infrastructure constructed by it, in and for the benefit of Vanderbilt Farms, including certain infrastructure addressed in Exhibit B to the CFD Agreement, which must be provided by the Developer. The remaining bond authorization will be available to fund later public infrastructure projects to the extent they benefit Vanderbilt Farms. These documents anticipate a maximum secondary tax rate of $2.80 per $100 of assessed valuation, which includes $.30 per $100 for operation and maintenance expenses. The actual rate {00000661.DOC /} Vanderbilt Farms CFD 4/13/200510:52 AM RC/FJC could go higher, if for some reason the total assessed valuation within the CFD falls or some other unforeseen event makes it necessary to raise the tax rate to cover the bond obligations. The Developer's financial obligations under these documents or as a result of forming this CFD include (a) non-refundable application fee of $75,000, (b) an annual obligation to pay up to $100,000 in CFD operation and maintenance costs, to the extent such costs are not covered by the $.30 per $100 operation and maintenance tax, (c) deposit $25,000 with the Town to cover initial costs of the CFD prior to the levy of the $.30 per $100 operation and maintenance tax, (d) the obligation to provide standby contributions to cover any difference in the amount necessary to pay annual financial obligations with respect to all outstanding bonds and the amount generated by a tax rate of no more than $2.50 per $100 of assessed valuation, and (e) the obligation, at the CFD Board's discretion, to deposit twice the maximum annual debt service for any fiscal year (in addition to the reserve fund in the amount of up to one year's debt service paid out of bond proceeds, at the discretion ofthe CFD Board). Michael Cafiso and Mark Reader, bond counsel and financial advisor respectively, will not be in attendance; however, both have been instrumental in providing guidance and direction on this matter and may be contacted if additional assistance or information is needed. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-46. SUGGESTED MOTION I move to adopt Resolution No. 2005-46. {00000661.DOC I} Vanderbilt Farms CFD 4/13/200510:52 AM RC/FJC -2- DRAFT 02/17/05 03/27/05 04/11/05 * Town Council Resolution Regarding Formation of Vanderbilt Farms Community Facilities District Which Provides For: · Granting of Petition for formation of the District · Establishment of District Board and of Chairperson and Vice Chairperson thereof and of District Clerk, District Treasurer, District Manager, District Chief Financial Officer and District Counsel · Establishment of boundaries of the District · Authorization of filing of the Resolution · Approval of District Development Agreement and authorization of execution and delivery thereof · Declaration of No Liability of Municipality · Declaration of Emergency RESOLUTION NO. 2005-46 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, A MUNICIPAL CORPORA- TION OF ARIZONA, ORDERING AND DECLARING FORMATION OF VANDERBILT FARMS COMMUNITY FACILITIES DIS- TRICT; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT); AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: 1. Findings. a. On a date prior to the date of the adoption here- of, there was presented to us, the governing body of the Town of * Summary only; to be removed upon adoption. Marana, Arizona, an incorporated municipality of the state of Arizona (hereinafter called the "Municipality"), a Petition for Adoption of a Resolution Declaring Formation of Vanderbilt Farms Community Facili- ties District, dated as of even date herewith (hereinafter referred to as the "Petition"), signed by the entities which, on the date hereof, are the owners of all real property as shown on the assessment roll for State and county taxes for pima County, Arizona, or, if such per- sons shown on such assessment roll are no longer the owners of land in Vanderbilt Farms Community Facilities District are the entities which are the successor owners which have become known and have been veri- fied by recorded deed or similar evidence of transfer of ownership to be the owners of such real property (including the hereinafter defined "PEl Venture" and "FCD Marana" and hereinafter referred to as, collec- tively, the "Petitioner") described in the Petition by metes and bounds to be in the community facilities district, the formation of which is prayed for by the Petitioner in the Petition, pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"). b. The Petitioner has requested the following: 1. The name of the community facilities dis- trict of which formation is prayed pursuant to the Petition to be "Vanderbilt Farms Community Facilities District" (hereinafter called the "District"), 2 ,.-""....--....._--~.- II. The District to be formed and exist pursu- ant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among the Petitioner, the Municipal- ity and the District, III. The District to contain an area of approxi- mately 494.32 acres of land, more or less, wholly within the corporate boundaries of the Municipal- ity and to be composed of the land included in the parcels described as provided in Exhibit "A" to the Petition, which is made a part of the Petition for all purposes and is all the land to be included within the boundaries of the District (hereinafter referred to as the "Property"), IV. The District to be a special purpose dis- trict for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5, 3 Arizona Revised Statutes, as amended; except as otherwise provided in the Act, to be considered a municipal corporation and political subdivision of the State of Arizona separate and apart from the Municipality; and to be formed for, and to have, all the purposes of a "district" as such term is defined, and as provided, in the Act, V. The formation of the District to result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. The Clerk of the Municipality to accept the filing of a "General Plan for Community Facili- ties District" for the District setting out a general description of the improvements for which the District is proposed to be formed and the general to be improved (hereinafter areas referred to as the "General Plan"), and VII. The Municipality to determine that public convenience and necessity require the adoption of this Resolution. 4 ~ ^.."..,.......-.""..-_-~~-_._-- c. The Petitioner further attested and declared that on the date hereof, as shown on the assessment roll for State and county taxes in Pima County, Arizona, the Property is owned by the Petitioner and shall be benefited from the improvements for which the District is proposed to be formed; that there are no residents on the Property and there shall be no residents within fifty (50) days preceding the first anticipated election of the District; that the District shall be formed and exist pursuant to the terms and provi- sions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among the Petitioner, the Municipality and the District; that public convenience and necessity require the adoption of this Resolution; and that the Municipality shall in no way be liable for the payment of any of the costs of the public infrastructure described in the General Plan, nor liable for any liability, debt or obligation of the District. d. After showing the preceding, the Petitioner respectfully prayed that the Petition be properly filed as provided by law and that, as the Petition is signed by all of the owners of the Property and there are not now, and shall not be wi thin fifty (50) days preceding the first anticipated election of the District, resi- dents on the Property, any requirements of posting, publication, mail- ing, notice, hearing and election otherwise required by the Act in connection with the adoption of this Resolution are waived, the Municipality, on receipt of the Petition, declare the District formed wi thout being required to comply with such provisions for posting, publication, mailing, notice, hearing or election. 5 e. Pursuant to the Act and Section 9-500.05, Arizona Revised Statutes, as amended, the Municipality, the District, PEl Capi tal Corporation (hereinafter called "PEl Capital"), PEl Capital Venture I, LLC (hereinafter called "PEl Venture") and FCD Marana Venture I, LLC (hereinafter called "FCD Marana") are entering into a "development agreement" to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infra- structure and subsequent reimbursements or repayments over time. f. With regard to the real property included within the boundaries of the District, the Municipality, PEl Capital, PEl Venture and FCD Marana determined to specify some of such matters in such an agreement, particularly matters relating to the acquisition or construction of certain public infrastructure by the District, the acceptance thereof by the Municipality and the reimbursement or repay- ment of Vanderbilt Farms with respect thereto, all pursuant to the Act. g. Pursuant to the Act and Title 11, Chapter 7, Article 3, Arizona Revised Statutes, as amended, the District, and the Municipality may enter into an "intergovernmental agreement" with one another for j oint or cooperative action for services and to jointly exercise any powers common to them and for the purposes of the plan- ning, design, inspection, ownership, control, maintenance, operation or repair of public infrastructure. h. Pursuant to the Act, the District may also enter into an agreement with PEl Capital, PEl Venture and FCD Marana with 6 respect to the advance of moneys for public infrastructure purposes and the repayment of such advances and to obtain credit enhancement for, and process disbursement and investment of proceeds of, general obligation bonds of the District to be hereafter issued. i. There has been presented to us in connection with the purposes described in paragraphs l.e. through h. a District Devel- opment, Financing Participation and Intergovernmental Agreement (Vanderbilt Farms Community Facilities District), to be dated as of March 1, 2005 (hereinafter referred to as the "Development Agree- ment"), by and among the Municipality, the District, PEl Capital, PEl Venture and FCD Marana. 2. Matters Noticed by the Municipality. a. The Petitioner seeks formation of the District to exercise the powers and functions set forth in the Act as such powers and functions are modified, waived or restricted pursuant to agree- ments to be entered into by and among the Petitioner, the Municipality and the District. b. The General Plan has been filed with the Clerk of the Municipality. c. The Petition and all necessary supporting mate- rials have been filed with us, and the showings in the Petition are each noticed by us and are hereby incorporated at this place as if set forth hereat in whole. d. The purposes for which organization of the Dis- trict is sought are as described in the Petition and are purposes for which a district created pursuant to the Act may be lawfully formed. 7 .,. _.,-,...._"~,--"-~,-,.........-~"...."._.~.~.--~._- e. The public convenience and necessity require us to adopt this Resolution. 3. Granting of Petition; Formation of District. The Petition attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby granted, and the District is hereby formed as a district pursuant to the terms and provisions of, and with the powers and authority established by, the Act, subject to the restrictions and modifications set forth in the Petition, with jurisdiction over the Property and that, as the Petition is signed by the owner of the Prop- erty and there are not now, and shall not be wi thin fifty (50) days preceding the first anticipated election of the District, residents on the Property, requirements of posting, publication, mailing, notices, hearing and election otherwise required by the Act with respect to formation of the District are hereby found to be unnecessary. 4. District Board and Officers. The District shall be governed by a "District Board" comprised of the members of the govern- ing body of the Municipality, ex officio. The Mayor of the Municipal- ity shall be the "Chairperson of the District Board"; the Vice Mayor of the Municipality shall be the "Vice Chairperson of the District Board" ; the Town Clerk of the Municipality shall be the "District Clerk" ; the Town Treasurer of the Municipality shall be the "District Treasurer"; the Town Manager of the Municipality shall be the "Dis- trict Manager"; the Finance Director of the Municipality shall be the "District Chief Financial Officer" and the Town Attorney of the Munic- ipality shall be the "District Counsel." 8 5. District Boundaries and Map. The District boundaries are as described in metes and bounds in Exhibit "A" to the Petition. A map showing the District boundaries is hereby ordered to be drawn and provided by the District Manager. 6. Dissemination of this Resolution. The Petitioner shall cause a copy of this Resolution to be delivered to the County Assessor and the Board of Supervisors of Pima County, Arizona, and to the Department of Revenue of the State of Arizona. 7. Authorization and Approval of Development Agreement. The Development Agreement is hereby approved in substantially the form submi tted herewith, with such changes, additions, deletions, inser- tions and omissions, if any, as the Mayor of the Municipality, with the advice of the Town Manager of the Municipality and the Town Attor- ney of the Municipality, shall authorize, the execution and delivery of the Development Agreement to be conclusive evidence of the propri- ety of such document and the authority of the persons or persons executing the same. The Mayor of the Municipality, with the advice of the Town Manager of the Municipality and the Town Attorney of the Municipali ty, is hereby authorized and directed to execute, and the Town Clerk of the Municipality to attest and deliver, the Development Agreement on behalf of the Municipality. 8. No Liability of or for the Municipality. Neither the Municipality nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the costs of the public infrastructure contemplated by the General Plan and the Development Agreement nor for 9 the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the Municipality, the State of Arizona or any political sub- division of either (other than the District) shall be pledged there- for. 9. Effect of Resolution. a. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceabili ty of such section, paragraph, clause or provision shall not affect any remaining provisions of this Resolution. b. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. 10. Emergency Clause. The immediate operation of the pro- visions of this Resolution is necessary to the orderly development of property within the Municipality and the resulting preservation of the public peace, health and safety, an EMERGENCY is hereby declared to exist. This Resolution shall be in full force and effect from and after its passage, adoption and approval by us, as required by law, and is hereby exempted from the referendum provision of the constitu- tion and laws of the State of Arizona pursuant to Section 19-142(B), Arizona Revised Statutes, as amended, and any applicable provision of the Code or any ordinances of the Municipality. * * * 10 PASSED by the Mayor and Common Council of the Town of Marana, Arizona, this 19th day of April, 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor, Town of Marana, Arizona ATTEST: · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Clerk, Town of Marana, Arizona APPROVED AS TO FORM: · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Attorney, Town of Marana, Arizona REVIEWED BY: · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Town Manager, Town of Marana, Arizona ATTACHMENTS: EXHIBIT A Conformed Copy of Petition for Adoption of this Resolution * * * 1481254.1-4/13/05 11 EXHIBIT "A" CONFORMED COpy OF PETITION FOR ADOPTION OF THIS RESOLUTION A-I DRAFT 02/17/05 03/27/05 04/11/05 THE FULL DOCUMENT IS ON FILE WITH THE OFFICE OF THE MARANA TOWN CLERK. ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X SIGNATURES EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E [AREA RESERVED FOR RECORDING INFORMATION] DISTRICT DEVELOPMENT, FINANCING PARTICIPATION AND INTERGOVERNMENTAL AGREEMENT (VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT) DEFINED TERMS; MISCELLANEOUS MATTERS RELATING TO USE THEREOF..............................············· 5 CONSTRUCTION OF PROJECTS BY THE DISTRICT; ACQUISITION OF PLANS AND SPECIFICATIONS.... ..........13 CONSTRUCTION OF ACQUISITION PROJECTS BY THE OWNER; CERTAIN MATTERS RELATED TO PLANS AND SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 ACQUISITION OF ACQUISITION PROJECTS FROM THE OWNER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 FINANCING OF COSTS OF PROJECTS AND PLANS AND SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 MATTERS RELATING TO THE BONDS AND OTHER OBLIGATIONS OF THE DISTRICT ........... ............. ..26 ACCEPTANCE BY THE MUNICIPALITy.... ... '.' ..... ........34 INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 PAYMENT OF CERTAIN EXPENSES AND COSTS ...... ... ... ....39 MI SCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 LEGAL DESCRIPTION OF THE PROPERTY..................A-1 DESCRIPTION OF CERTAIN INFRASTRUCTURE .......... ....B-1 FORM OF CERTIFICATE OF ENGINEERS FOR CONVEY- ANCE OF SEGMENT OF ACQUISITION PROJECT ..........C-1 FORM OF CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT ................ ... ........ ..D-1 FORM OF DISCLOSURE STATEMENT ...... ... ... ..... ......E-1 DRAFT 02/17/05 03/27/05 04/11/05 GENERAL PLAN FOR THE PROPOSED VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT TO: CLERK, TOWN OF MARANA, ARIZONA For the purposes of Section 48-702(B), Arizona Revised Statutes, as amended, the following is the general plan for the pro- posed, captioned district: GENERAL AREA TO BE IMPROVED WITHIN THE PROPOSED CAPTIONED DISTRICT (THE "DISTRICT"): All that area in the parcels described in Exhibit "A" attached hereto and made a part hereof for all purposes. GENERAL DESCRIPTION OF THE PUBLIC INFRASTRUCTURE IMPROVE- MENTS FOR WHICH THE DISTRICT IS PROPOSED TO BE FORMED: All that "public infrastructure" (as such term is defined in Section 48-701, Arizona Revised Statutes, as amended) described in Exhibit "B" attached hereto and made a part hereof for all purposes. DATED: April 18, 2005 AT.TACHMENTS: EXHIBIT "A" -- Legal Description Of Property To Be Included In The District EXHIBIT "B" -- Description Of Public Infrastructure 1481253.1-4/12/05 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT Parcel I That portion of the South Half of Section 26, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southerly and Westerly of that portion conveyed to Cortaro- Marana Irrigation District in Docket 1985 at page 243. EXCEPT the South 30 feet wi thin the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 126; AND EXCEPT the West 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70; AND EXCEPT recorded in follows: that portion conveyed to the Docket 9014 at page 1524, more Town of Marana by Deed particularly described as BEGINNING at the Northwest corner of the Southwest Quarter of said Section 26, Township 11 South, Range 11 East; THENCE North 89 degrees 45 minutes 37 seconds East, along the North line of said Southwest Quarter of Section 26, a distance of 1605.05 feet to a point in the Southwest right of way line of Interstate Highway 10; THENCE South 49 degrees 36 minutes 21 seconds East, along said Southwest right of way line, 47.90 feet; THENCE Northwesterly along a curve concave to the South having a radius of 25.00 feet and a central angle of 41 degrees 38 minutes 02 seconds, 18.17 feet; THENCE South 89 degrees 45 minutes 37 seconds West parallel 25.00 feet South of the North line of said Southwest Quarter, feet; to and 1569.80 THENCE Southerly along a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 89 degrees 51 minutes 26 seconds, 39.21 feet; THENCE South 89 degrees 45 minutes 37 seconds West, 30.00 feet to a point in the West line of said Southwest Quarter of Section 26; THENCE North 00 degrees 05 minutes 49 seconds West, 49.94 feet to the POINT OF BEGINNING, EXCLUDING THEREFROM any portions previously dedi- cated as public right of way. A-I Parcel II The South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the East 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70; AND EXCEPT the South 30 feet wi thin the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 127; AND EXCEPT the West 30 feet within the right of way of Grier Road #117 (Sandario Road) as shown in Book 2 of Road Maps at page 174; AND EXCEPT the North 25 feet within the right of way of Barnett Road as shown in Book 14 of Road Maps at page 21; AND EXCEPT any portion thereof within Farm Field Five, a subdivision of record in the Office of the pima County Recorder in Book 57 of Maps and Plats at page 2. AND EXCEPT that portion conveyed in Deed recorded in Docket 12459 at page 7508 and re-recorded in Docket 12485 at page 379, described as follows: A portion of the South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Commencing at the South Quarter corner of said Section 27; Thence North 00 degrees 35 minutes 52 seconds West, along the mid- section line of said Section 27, a distance of 30.00 feet to the POINT OF BEGINNING; Thence South 89 degrees 25 minutes 06 seconds West, along a line 30.00 feet North of and parallel to the South line of said Section 27, a distance of 720.01 feet; Thence North 00 degrees 35 minutes 37 seconds West, a distance of 95.00 feet to the Southeast corner of FARM FIELD FIVE, a subdivision of record in Book 52 of Maps and Plats at page 2, records of pima County, Arizona; Thence continue North 00 degrees 35 minutes 37 seconds West along the East line of said FARM FIELD FIVE, a distance of 1325.37 feet to the Northeast corner thereof; Thence North 89 degrees 27 minutes 05 seconds 1271.45 feet to the beginning of a tangent curve having a radius of 2045.00 feet; East, a distance of concave to the North A-2 Thence Easterly, along said curve, through a degrees 15 minutes 06 seconds, an arc distance point of tangency; central angle of 11 of 401.59 feet to a Thence North 78 degrees 11 minutes 59 seconds 218.49 feet to the beginning of a tangent curve west, having a radius of 64.00 feet; East, a distance of concave to the South- Thence Easterly and Southerly angle of 90 degrees 00 minutes feet to a point of tangency; along said 00 seconds, curve, an arc through a central distance of 100.53 Thence 642.08 having South 11 degrees 48 minutes 01 seconds East, a distance of feet to the beginning of a tangent curve concave to the West, a radius of 1955.00 feet; Thence South along said curve, 48 minutes 01 seconds, an arc tangency; through a central angle of 11 degrees distance of 402.64 feet to a point of Thence South 00 degrees 00 minutes 00 seconds West, a distance of 438.54 feet to a point on a line 30.00 feet North of and parallel to the South line of said Section 27; Thence South 89 degrees 25 minutes 03 seconds West, along said line, a distance of 1393.93 feet to the North-South mid-section line of said Section 27, and the POINT OF BEGINNING. Parcel III A portion of the South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows: Commencing at the South Quarter corner of said Section 27; Thence North 00 degrees 35 minutes 52 seconds West, along the mid- section line of said Section 27, a distance of 30.00 feet to the POINT OF BEGINNING; Thence South 89 degrees 25 minutes 06 seconds West, along a line 30.00 feet North of and parallel to the South line of said Section 27, a distance of 720.01 feet; Thence North 00 degrees 35 minutes 37 seconds West, a distance of 95.00 feet to the Southeast corner of FARM FIELD FIVE, a subdivision of record in Book 52 of Maps and Plats at page 2, records of Pima County, Arizona; Thence continue North 00 degrees 35 minutes 37 seconds West along the East line of said FARM FIELD FIVE, a distance of 1325.37 feet to the Northeast corner thereof; A-3 Thence North 89 degrees 27 minutes 05 seconds 1271.45 feet to the beginning of a tangent curve having a radius of 2045.00 feet; East, a concave distance of to the North Thence Easterly, along degrees 15 minutes 06 point of tangency; said curve, through a seconds, an arc distance central angle of 11 of 401.59 feet to a Thence North 78 degrees 11 minutes 59 seconds 218.49 feet to the beginning of a tangent curve west, having a radius of 64.00 feet; East, a distance of concave to the South- Thence Easterly and Southerly along angle of 90 degrees 00 minutes and 100.53 feet to a point of tangency; said curve, 00 seconds, through a central an arc distance of Thence 642.08 having South 11 degrees 48 minutes 01 seconds feet to the beginning of a tangent curve a radius of 1955.00 feet; East, a concave distance of to the West, Thence South along said curve, 48 minutes 01 seconds, an arc tangency; through a central angle of 11 degrees distance of 402.64 feet to a point of Thence South 00 degrees 00 minutes 00 seconds West, a distance of 438.54 feet to a point on a line 30.00 feet North of and parallel to the South line of said Section 27; Thence South 89 degrees 25 minutes 03 seconds West, along said line, a distance of 1393.93 feet to the North-South mid-section line of said Section 27, and the POINT OF BEGINNING. Parcel IV Lots 1 through 248 and Common Areas "A" through "K" of FARM FIELD FIVE, a subdivision of Pima County, Arizona, according to the map of record in the Office of the Pima County Recorder in Book 57 of Maps and Plats at page 2, as amended by Declaration of Scrivener's Error recorded in Docket 12369 at page 1453. A-4 EXHIBIT B DESCRIPTION OF PUBLIC INFRASTRUCTURE (a) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge. (b) Drainage and flow control systems, including collec- tion, transport, diversion, storage, detention, retention, dispersal, use and discharge. (c) Water systems for domestic, industrial, irrigation, municipal or fire protection purposes including production, collec- tion, storage, treatment, transport, delivery, connection and disper- sal, but not including facilities for agricultural irrigation purposes unless for the repair or replacement of existing facilities when required by other improvements. (d) Highways, streets, roadways and including all areas for vehicular use for travel, parking. parking ingress, facilities egress and (e) Areas for pedestrian, equestrian, bicycle or other nonmotor vehicle use for travel, ingress, egress and parking. (f) Pedestrian malls, parks, recreational facilities other than stadiums, and open space areas for the" use of members of the public for entertainment, assembly and recreation. and other systems. (g) Landscaping water features, including earthworks, structures, lakes plants, trees and related water delivery (h) Public buildings, public safety facilities and fire protection facilities. (i) Lighting systems. (j) Traffic control systems and devices including signals, controls, markings and signage. (k) School sites and facilities with the consent of the governing board of the school district for which the site or facility is to be acquired, constructed or renovated. (1) Equipment, vehicles, furnishings and other personality related to the items listed hereinabove. B-1 DRAFT 02/17/05 03/27/05 04/11/05 PETITION FOR ADOPTION OF A RESOLUTION ORDERING AND DECLARING FORMATION OF VANDERBILT FARMS COMMUNITY FACILITIES DISTRICT STATE OF ARIZONA COUNTY OF PIMA TOWN OF MARANA ss. THE UNDERSIGNED OWNERS OF ALL OF THE LAND (hereinafter referred to as, collectively, "Petitioner") in the parcels hereinafter described, acting pursuant to the provisions of Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (hereinafter referred to as the "Act"), respectfully petitions The Honorable Town Council of the Town of Marana, Arizona (hereinafter referred to as the "Municipality"), to adopt a resolution (hereinafter referred to as the "Resolution") declaring and ordering formation of a community facili ties district (hereinafter referred to as the "District") and would respectfully request the following with respect thereto: I. The name of the District to be "Vanderbilt Farms Community Facilities District," II. The District to be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among Petitioner, the Municipality and the District, III. The District to contain an area of approximately 494.32 acres of land, more or less, wholly within the corporate boundaries of the Municipality and to be composed of the land included In the parcels described as provided in Exhibit "A" hereto, which is made a part hereof for all purposes, IV. The District to be a special purpose district for purposes of Article IX, Section 19, Constitution of Arizona, a tax levying public improvement district for the purposes of Article XIII, Section 7, Constitution of Arizona, and a municipal corporation for all purposes of Title 35, Chapter 3, Articles 3, 3.1, 3.2, 4 and 5, Arizona Revised Statutes, as amended; except as otherwise provided In the Act, to be considered a municipal corporation and political subdivision of the State of Arizona, separate and apart from the Municipality; and to be formed for, and to have, all the purposes of a "district" as such term is defined, and as provided, in the Act, V. The formation of the District to result in the levy of ad valorem taxes to pay costs of improvements constructed by the District and for their operation and maintenance, VI. Before the Resolution is adopted, the Clerk of the Munici- pality to accept the filing of a "general plan" (as such term is defined in the Act and hereinafter referred to as the "General Plan") 2 for the District setting out a general description of the improvements for which the District is proposed to be formed and the general areas to be improved, and VII. The Municipality to determine that public convenience and necessity require the adoption of the Resolution; WHEREFORE, Petitioner attests and declares that on the date hereof, as shown on the assessment roll for State and county taxes in Pima County, Arizona, all of the land to be in the District is owned by Petitioner or, if a person listed on such assessment roll is no longer the owner of land in the District, that the name of the succes- sor owner has become known and has been verified by recorded deed or other similar evidence of transfer of ownership to be Petitioner; that there currently are no residents on the land to be in the District and there shall be no residents within fifty (50) days preceding the first anticipated election for the District; that the land to be included in the District shall be benefited from the improvements for which the District is proposed to be formed; that the District shall be formed and exist pursuant to the terms and provisions of the Act as such terms and provisions are modified, waived or restricted pursuant to agreements to be entered into by and among Petitioner, the Munici- pality and the District; that public convenience and necessity require the adoption of the Resolution; and that the Municipality shall in no way be liable for the payment of any of the costs of the public infrastructure described in the General Plan, nor liable for any lia- bility, debt or obligation of the District; 3 WHEREFORE, as this Petition is signed by the owners of all the land to be in the District and there are not now, and shall not be within fifty (50) days preceding the first anticipated election of the District, residents on the land in the District, any requirements of posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with adoption of the Resolution are waived, and the Municipality may, on receipt of this Petition, adopt the Resolution to declare the District formed without being required to comply with such provisions for posting, publication, mailing, notice, hearing or election; and WHEREFORE, Petitioner respectfully prays that this Petition be properly filed as provided by law; that the Municipality adopt the Resolution and declare and order the District formed without being required to comply with the provisions for posting, publication, mailing, notice, hearing and election otherwise required by the Act in connection with the Resolution; and that such other orders, acts, procedure and relief as are proper, necessary and appropriate to the purposes of organizing the District and to the execution of the purposes for which the District shall be organized be granted as The Honorable Town Council of the Municipality shall deem proper and necessary. [BALANCE OF PAGE LEFT BLANK INTENTIONALLY] 4 RESPECTFULLY SUBMITTED this 18th day of April, 2005. PEl CAPITAL VENTURE I, L.L.C., an Arizona limited liability company By.........·························· . Donald M. Edwards, Manager FCD MARAN A VENTURE I, L.L.C., an Arizona limited liability company By.........·························· . Donald M. Edwards, Manager U.S. DEVELOPMENT LAND, L.L.C., an Arizona limited liability company By.........·························· . Its: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VANDERBILT FARMS, L.L.C., an Arizona limited liability company By..........························· . Brandon Wolfswinkel, Member Manager . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Thomas A. Clark .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Miley Clark 5 ""'m._."'-_"__·_·__ " The undersigned, as beneficiary and trustee, respectively, pursuant to the following encumbrance, hereby consent to and join in the foregoing Petition and to the provisions thereof: Deed of Trust, dated December 30, 2004, from FCD Marana Venture I, LLC to Lawyers Title Insurance of Arizona, Inc. for the benefit of PEl Capital Venture I, L.L.C., recorded on December 30, 2004, in Docket 12459, page 7514, in the records of the Office of the Recorder of Pima County, Arizona Dated April 18, 2005 BENEFICIARY: PEl CAPITAL VENTURE I, L.L.C., an Arizona limited liability company By................................... . Donald M. Edwards, Manager TRUSTEE: LAWYERS TITLE INSURANCE OF ARIZONA, INC., an Arizona corporation By................................... . Its: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 STATE OF ARIZONA ss. COUNTY OF .............. The foregoing instrument was acknowledged before me this ...... day of ..............., 2005, by Donald M. Edwards, as Manager of PEl CAPITAL VENTURE I, L.L.C., an Arizona limited liability company, on behalf of the limited liability company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public My Commission Expires: . . . . . . . . . . . . . . . . . . . . . . STATE OF ARIZONA ss. COUNTY OF .............. The foregoing instrument was acknowledged before me this ...... day of ..............., 2005, by Donald M. Edwards, as Manager of FCD MARAN A VENTURE I, L.L.C., an Arizona limited liability company, on behalf of the limited liability company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public My Commission Expires: . . . . . . . . . . . . . . . . . . . . . . 7 ,.".""-<~- STATE OF ARIZONA ss. COUNTY OF .............. The foregoing instrument was acknowledged before me this . . . . .. da y 0 f ..............., 2 005 , by.........................., as Member Manager of U.S. DEVELOPMENT LAND, L.L.C., an Arizona limited liability company, on behalf of the limited liability company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . My Commission Expires: Notary Public . . . . . . . . . . . . . . . . . . . . . . STATE OF ARIZONA ss. COUNTY OF . . . . . . . . . . . . . . The foregoing instrument was acknowledged before me this ...... day of ..............., 2005, by Brandon Wolfswinkel, as Member Manager of VANDERBILT FARMS, L.L.C., an Arizona limited liability company, on behalf of the limited liability company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . My Commission Expires: Notary Public . . . . . . . . . . . . . . . . . . . . . . 8 STATE OF ARIZONA ss. COUNTY OF . . . . . . . . . . . . . . . . . . . . The day of foregoing instrument was ..............., 2005, by acknowledged before me this THOMAS A. CLARK and MILEY CLARK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public My Commission Expires: . . . . . . . . . . . . . . . . . . . . . . STATE OF ARIZONA ss. COUNTY OF . . . . . . . . . . . . . . The foregoing instrument was acknowledged before me this . . . . .. day of ..............., 2005, by ............................., as ......................... of LAWYERS TITLE INSURANCE OF ARIZONA, INC., an Arizona corporation, on behalf of the corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notary Public My Commission Expires: . . . . . . . . . . . . . . . . . . . . . . ATTACHMENT: EXHIBIT A Legal Description Of Property To Be Included In The District 1481252.1-4/12/05 9 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT Parcel I That portion of the South Half of Section 26, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southerly and Westerly of that portion conveyed to Cortaro- Marana Irrigation District in Docket 1985 at page 243. EXCEPT the South 30 feet wi thin the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 126; AND EXCEPT the West 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70; AND EXCE PT recorded in follows: that portion conveyed to the Docket 9014 at page 1524, more Town of Marana by Deed particularly described as BEGINNING at the Northwest corner of the Southwest Quarter of said Section 26, Township 11 South, Range 11 East; THENCE North 89 degrees 45 minutes 37 seconds East, along the North line of said Southwest Quarter of Section 26, a distance of 1605.05 feet to a point in the Southwest right of way line of Interstate Highway 10; THENCE South 49 degrees 36 minutes 21 seconds East, along said Southwest right of way line, 47.90 feet; THENCE Northwesterly along a curve concave to the South having a radius of 25.00 feet and a central angle of 41 degrees 38 minutes 02 seconds, 18.17 feet; THENCE South 89 degrees 45 minutes 37 seconds West parallel to and 25.00 feet South of the North line of said Southwest Quarter, 1569.80 feet; THENCE Southerly along a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 89 degrees 51 minutes 26 seconds, 39.21 feet; THENCE South 89 degrees 45 minutes 37 seconds West, 30.00 feet to a point in the West line of said Southwest Quarter of Section 26; THENCE North 00 degrees 05 minutes 49 seconds West, 49.94 feet to the POINT OF BEGINNING, EXCLUDING THEREFROM any portions previously dedi- cated as public right of way. A-1 Parcel II The South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the East 30 feet within the right of way of postvale Road #28 as shown in Book 1 of Road Maps at page 70; AND EXCEPT the South 30 feet wi thin the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 127; AND EXCEPT the West 30 feet within the right of way of Grier Road #117 (Sandario Road) as shown in Book 2 of Road Maps at page 174; AND EXCEPT the North 25 feet within the right of way of Barnett Road as shown in Book 14 of Road Maps at page 21; AND EXCEPT any portion thereof within Farm Field Five, a subdivision of record in the Office of the pima County Recorder in Book 57 of Maps and Plats at page 2. AND EXCEPT that portion conveyed in Deed recorded in Docket 12459 at page 7508 and re-recorded in Docket 12485 at page 379, described as follows: A portion of the South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, pima County, Arizona, described as follows: Commencing at the South Quarter corner of said Section 27; Thence North 00 degrees 35 minutes 52 seconds West, along the mid- section line of said Section 27, a distance of 30.00 feet to the POINT OF BEGINNING; Thence South 89 degrees 25 minutes 06 seconds West, along a line 30.00 feet North of and parallel to the South line of said Section 27, a distance of 720.01 feet; Thence North 00 degrees 35 minutes 37 seconds West, a distance of 95.00 feet to the Southeast corner of FARM FIELD FIVE, a subdivision of record in Book 52 of Maps and Plats at page 2, records of Pima County, Arizona; Thence continue North 00 degrees 35 minutes 37 seconds West along the East line of said FARM FIELD FIVE, a distance of 1325.37 feet to the Northeast corner thereof; Thence North 89 degrees 27 minutes 05 seconds 1271.45 feet to the beginning of a tangent curve having a radius of 2045.00 feet; East, a distance of concave to the North A-2 Thence Easterly, along said curve, through a degrees 15 minutes 06 seconds, an arc distance point of tangency; central angle of 11 of 401.59 feet to a Thence North 78 degrees 11 minutes 59 seconds East, a distance of 218.49 feet to the beginning of a tangent curve concave to the South- west, having a radius of 64.00 feet; Thence Easterly and Southerly along said angle of 90 degrees 00 minutes 00 seconds, feet to a point of tangency; curve, through a central an arc distance of 100.53 Thence South 11 degrees 48 minutes 01 seconds East, a distance of 642.08 feet to the beginning of a tangent curve concave to the West, having a radius of 1955.00 feet; Thence South along said curve, through a central angle of 11 degrees 48 minutes 01 seconds, an arc distance of 402.64 feet to a point of tangency; Thence South 00 degrees 00 minutes 00 seconds West, a distance of 438.54 feet to a point on a line 30.00 feet North of and parallel to the South line of said Section 27; Thence South 89 degrees 25 minutes 03 seconds West, along said line, a distance of 1393.93 feet to the North-South mid-section line of said Section 27, and the POINT OF BEGINNING. Parcel III A portion of the South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Meridian, pima County, Arizona, described as follows: Commencing at the South Quarter corner of said Section 27; Thence North 00 degrees 35 minutes 52 seconds West, along the mid- section line of said Section 27, a distance of 30.00 feet to the POINT OF BEGINNING; Thence South 89 degrees 25 minutes 06 seconds West, along a line 30.00 feet North of and parallel to the South line of said Section 27, a distance of 720.01 feet; Thence North 00 degrees 35 minutes 37 seconds West, a distance of 95.00 feet to the Southeast corner of FARM FIELD FIVE, a subdivision of record in Book 52 of Maps and Plats at page 2, records of pima County, Arizona; Thence continue North 00 degrees 35 minutes 37 seconds West along the East line of said FARM FIELD FIVE, a distance of 1325.37 feet to the Northeast corner thereof; A-3 "'--~ Thence North 89 degrees 27 minutes 05 seconds East, a distance of 1271.45 feet to the beginning of a tangent curve concave to the North having a radius of 2045.00 feet; Thence Easterly, along said curve, through a degrees 15 minutes 06 seconds, an arc distance point of tangency; central angle of 11 of 401.59 feet to a Thence North 78 degrees 11 minutes 59 seconds 218.49 feet to the beginning of a tangent curve west, having a radius of 64.00 feet; East, a distance of concave to the South- Thence Easterly and Southerly along angle of 90 degrees 00 minutes and 100.53 feet to a point of tangency; said curve, 00 seconds, through a central an arc distance of Thence South 11 degrees 48 minutes 01 seconds East, a distance of 642.08 feet to the beginning of a tangent curve concave to the West, having a radius of 1955.00 feet; Thence South along said curve, through a central angle of 11 degrees 48 minutes 01 seconds, an arc distance of 402.64 feet to a point of tangency; Thence South 00 degrees 00 minutes 00 seconds West, a distance of 438.54 feet to a point on a line 30.00 feet North of and parallel to the South line of said Section 27; Thence South 89 degrees 25 minutes 03 seconds West, along said line, a distance of 1393.93 feet to the North-South mid-section line of said Section 27, and the POINT OF BEGINNING. Parcel IV Lots 1 through 248 and Common Areas "A" through "K" of FARM FIELD FIVE, a subdivision of pima County, Arizona, according to the map of record in the Office of the pima County Recorder in Book 57 of Maps and Plats at page 2, as amended by Declaration of Scrivener's Error recorded in Docket 12369 at page 1453. A-4 ~.. _.._._~~-_.---------- TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: April 19, 2005 AGENDA ITEM: IX. B. 6 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Legislative Issues: Information only 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 12 and 13. RECOMMENDATION Information only. SUGGESTED MOTION Information only. JCB/041l3/2005/l 0: 16 AM ,\ ~ -~ ~::.~ IN THIS ISSU E Cable Bill Passes Senate Committee ............ 1 Tax Incentives Bills Moving Through House Committees. . . . . . . . . . . . 1 Committee Hearings Nearing End.. . ... . . . . . . . . . . . . 2 Seeing Double? Harmful Billboards Legislation Pops Up in Both Chambers .... 2 Development Fees Reporting Mandate Passes Senate Committee Unanimously. . 3 One Down, One to Go on Photo Radar ........... 3 Last Minute Surprise on League Bond Resolution .. 3 Transit Audit Bill is Resurrected . . . . . . . . . . . . 3 Tax Code Commission Continuation Bill Headed to Governor's Desk ........ 4 Anti-Inclusionary Zoning Bill Passes House Committee. . 4 Lcaguc or Ari:ol1a ~a~ ClUeS \\[10\vns Legislalive Bulletill is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix. Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Internet: www.azleague.org LEG ISLA TIVE BU LLETI N Issue No. 12 April 1, 2005 Cable Bill Passes Senate Committee Rally & Press Conference Planned for Monday After a very long committee hearing, H. 2563, Cable Television; Services passed the Senate Finance Committee yesterday. Our thanks to Scottsdale Councilmember Wayne Ecton, Surprise Information Technology Director Randy Jackson and Tucson Principal Assistant City Attorney Tobin Rosen for coming to the Capitol and waiting over four hours for this bill only to be denied the opportunity to be heard in the committee. The bill's passage now sets the stage for a Senate floor vote next week. All indications are that the vote next week will be extremely close. With the stakes so high and vote so close, both sides have been relentlessly lobbying on the bill. As a reminder on the harmful effects of this legislation, H. 2563 will limit your license fees to the lesser of 50/0 or 1 % plus your TPT rate once your current license agreement expires and preempt your ability to require in-kind services as part of your next license agreement. In the event that you do negotiate for in-kind, you would be required to credit the value of the in-kind at fair market value against the level of license fees owed by the cable company. All cities and towns are invited and encouraged to attend a rally on Monday, April 4th at 12:45 pm on the lawn in front of the House of Representatives to oppose H. 2563. Additionally, we strongly encourage each city and town to work with their local media on coverage of the press conference and to invite any public, education and government (PEG) channel users to the rally. Please contact Barb at the League for more information. In addition to attending the rally, please keep up the pressure on your senators on this bill. We will keep you posted as soon as we know when it is scheduled for Senate floor debate. Tax Incentives Bills Moving Through House Committees There was a lot of activity regarding the tax incentive bills this week as all three received committee hearings, some of which were very contentious. The two primary bills, S. 1201 sponsored by Senator Ken Cheuvront and S. 1274 sponsored by Senator Jay Tibshraeny were considered in both the House Ways & Means and Counties, Municipalities & Military Affairs Committees. S. 1201, which preempts tax incentives in urbanized Maricopa County with exemptions for infrastructure, redevelopment, historical district and brownfields projects, appeared to be defeated in Ways & Means as the initial vote was 4-4 after very lengthy testimony and debate. However, after heavy lobbying from some of her colleagues, Representative Ann Kirkpatrick was persuaded to change her vote and requested a reconsideration of the bill resulting in a 5-3 vote. The debate on the bill was equally contentious in Counties, Municipalities & Military Affairs, where after an hour of debate, Senator Cheuvront requested that the bill be held rather than voted on, presumably because its defeat in the committee was looking more likely. After some lengthy behind the scenes wrangling, it appears that Senator Cheuvront has given up on S. 1201 as he has allowed a strike everything amendment completely unrelated to tax incentives to be considered on the bill next week. However, he has not given up on the concept as his preemptive language will be offered as a strike everything amendment to H. 2499, sponsored by Representative Steve Huffman, which will be considered back in the Senate on Tuesday in the Appropriations Committee. - continued - Lengthy testimony and close votes also occurred with S. 1274, which mandates the process to be used when awarding local tax incentives including a super majority council vote, a preemption on using emergency measures and third party auditing provisions. The bill passed 5-3 in Ways & Means and 7-4 in Counties, Municipalities & Military Affairs. The bill is now ready for consideration by the House Rules Committee along with S. 1287, another Senator Tibshraeny bill that is specifically limited to the emergency measure preemption. The debate on these bills has been very spirited and contentious from day one. We are faced with a bipartisan effort to limit our local tax incentive authority. The fact that many republicans and democrats alike are supporting one or both of these bills means that there is a very strong possibility that at least one of these bills will pass. While this week's activity suggests that S. 1274 is the most likely to be enacted, Senator Cheuvront has made it very clear that he has not given up on passing the language in S. 1201, now likely to be added on to H. 2499. Please contact your legislators and once again express your opposition to these bills which will erode some of your local tax authority. Committee Hearings Nearing End The House and Senate are approaching an important deadline in the legislative session this week and are anticipated to adhere to it, with only a few exceptions. At the beginning of each session, the Senate President and Speaker of the House set deadlines for the last date that bills can be heard in the opposite chamber. This year the deadline is set for Friday, April 1 st. Although there is pressure in each chamber to extend the deadline for a week because of the delay caused by budget work, the President and Speaker appear to be staying firm with this deadline. The Speaker is allowing House committees to meet for one extra day next Monday and the President has not made a similar announcement yet. This deadline means that the Legislature has now shifted into the next phase of wrapping up the legislative process. After this deadline, any bill that has not received a committee hearing is considered dead and the focus will shift to floor action on bills and conference committees to work out differences between House and Senate versions of legislation. So far, only a few budget-related conference committees have been scheduled, but more are expected in the next week or two as the House and Senate work their way through floor action and return bills to their chamber of origin. With the deadline passing this week, we would like to extend our thanks to all the city and town elected officials and staff that have taken the journey to the Capitol this year to offer your expertise in committee testimony. As always, your travel and effort made a big impact with the legislators and helped League resolutions pass out of tough committees and assisted in defeating some really bad bills. As the number of live bills continues to dwindle, the Legislature's as well as our focus will shift more and more toward the passage of the state budget. We will be watching closely to ensure that state shared revenue is not considered as a possible means of augmenting state revenues and will keep you updated on any new breakthroughs between the Governor and Legislature on budget negotiations. Seeing Double? Harmful Billboards Legislation Pops Up in Both Chambers This week, cities and towns were treated to not one, but two, strike everything amendment that would cause serious negative impacts on your ability to regulate the billboard industry. This legislation is being pursued by Clear Channel Communications, which has hired a team of lobbyists to support their bills. If the team of lobbyists isn't a big enough obstacle for local governments to overcome, the legislation was introduced in identical form in both chambers and assigned to the two committees where it had the highest potential of passage. The strike everything amendment cover many different areas and would directly affect an Arizona Supreme Court ruling regarding the City of Tucson and Clear Channel. Rather than phasing out nonconforming billboards when they fall into despair, the legislation would allow major repairs and reconstruction so that the structure meets the code standards that were in place at the time of original construction rather than current code standards. This will allow the noncompliant billboard use to remain in perpetuity. The amendment also allows billboards to get around lighting codes by deeming billboards to be in compliance of codes if they meet the lighting standards that were in place when the billboard was built. The legislation was introduced as strike-everything amendments to S. 1193 and H. 2144. The amendment to S. 1193 was heard in the House Federal Mandates & Property Rights Committee on Monday and passed by a vote of 3-2. Our thanks to Representative Tom Prezelski for his insightful comments on the bill's negative effects and for his no vote on the bill. We are disappointed that Representatives Chuck Gray, Judy Burges and David Burnell Smith all made comments regarding problems and unanswered questions they had with the bill, but still voted in favor of it, encouraging Clear Channel to pursue amendments on the House floor. The Senate Government Accountability & Reform Committee passed the same amendment to H. 2144 on Wednesday. It passed by a vote of 3-0 with Senators Jack Harper, Bob Burns and Thayer Verschoor voting in favor. Both of these bills now make their way to the Senate and House floors. Because they were introduced so late and there are clearly a number of unanswered questions regarding the legislation, we hope this will be an incentive for strong opposition on the floor. Please make sure to contact your legislators regarding these bills and let them know how negatively they will impact your ability to regulate billboards. LEGISLATIVE BULLETIN April 1 , 2005 PAGE 2 Development Fees Reporting Mandate Passes Senate Committee Unanimously A bill that we reported about in last week's Bulletin that requires cities and towns to report on the assessment and use of development fees passed the Senate Government Accountability & Reform Committee unanimously this week. The bill is being pursued by the Central Arizona Homebuilders Association. As originally introduced by Representative John Nelson, H. 2066 would have required the information to be provided to various state offices including the Governor and Legislature and preempts the ability of municipalities to collect impact fees if they have failed to submit reports to the State. Representative Nelson eventually decided to scale down the mandates and preemption by amending out the reporting requirement to the State and replacing it with language that requires the additional information to be filed with the city or town clerk. While much information regarding development fees is already compiled by cities and towns, the bill would likely mandate some new reporting for most municipalities as the intent of the bill is to obtain greater specificity in how development fees are used such as a specific list of capital projects funded by each development fee. The amount of time provided to compile the new reporting requirements will also be problematic. Make sure to contact your senators in opposition to this bill. The bill moves next to Senate Rules and caucus and then to the Senate floor. One Down, One to Go on Photo Radar This week, cities and towns were able to defeat one of the worst photo radar bills that was introduced this year, yet were unable to stop another one from moving forward. The defeated bill is H. 2260, Photo Enforcement Traffic Complaints, which would have required cities and towns to demonstrate at a hearing on a photo radar citation that the defendant was driving the vehicle and the photo enforcement device was in proper working order at the time of the violation. It also would have placed additional mandates on police departments to manually sign photo radar complaints, which is a provision that would have been a giant step backward as technology advances. Along with other provisions, the bill would have made it extremely burdensome for any city or town to use photo radar. H. 2260 was considered in the Senate Transportation Committee on Tuesday. It failed by a vote of 2-2 with Senators Rebecca Rios and Victor Soltero voting against. We thank them for their strong support of cities and towns this session, as this committee has consistently voted down bills that would harm local governments' ability to address transportation safety. Unfortunately, the House Transportation Committee passed a bill on Thursday that would preempt cities and towns from using photo radar on freeways. S. 1164: Photo Radar; Controlled Access Highways would harm efforts by the city of Scottsdale in coordination with DPS to use photo radar on the Loop 101 Freeway. The future effects of the ban could be felt by many municipalities that are concerned with the safety of freeways within their borders. The Committee passed the bill by a vote of 3-2. Thank you to Scottsdale Councilmember Kevin Osterman for testifying in Committee about the bill's negative impact. Our thanks also go to Representatives Meg Burton Cahill and Tom Prezelski for their comments against the bill. S. 1164 moves next to House Rules and caucus. Last Minute Surprise on League Bond Resolution On Wednesday, S. 1380, Local Obligation Bonds; Amount passed the House Government Reform & Government Finance Accountability Committee unanimously. This bill is a League resolution brought forward by the City of Scottsdale, which removes the limitations on General Obligation bond premiums and will allow the additional revenue from the premiums to be used as part of the debt service on the bond, lowering the interest owed by the municipality. Despite the universal support this bill has received in the Senate and House, S. 1380 was reassigned at the last minute yesterday to the House Natural Resources & Agriculture Committee and a strike-everything amendment to the bill has been posted, which would erase the bond language and change it to a bill on solar energy. This has apparently been done with the blessing of the bill sponsor, Senator Dean Martin. This is particularly disappointing, considering this was a rather non-controversial League resolution and was moving along smoothly. However, with the end of committee hearings approaching, last minute surprises can always be expected. Transit Audit Bill is Resurrected A bill that would needlessly expand the auditing requirements for the Maricopa County Regional Transportation Plan has been brought back after failing in a House committee earlier this year. The original bill, H. 2292, Regional Transportation Plan; Performance Audits, failed the House Transportation Committee by a vote of 3-6 on February 17'h. However, those legislators that were against the Maricopa County Regional Transportation Plan, specifically the light rail portion of the Plan, managed to revive the legislation in a more favorable committee this week. - continued - LEGISLATIVE BULLETIN April 1 , 2005 PAGE 3 The legislation was introduced as a strike-everything amendment to H. 2122 in the Senate Government Accountability & Reform Committee by Senator Thayer Verschoor. It is odd that although Senator Verschoor is chairman of the Senate Transportation Committee, which would be the appropriate committee to discuss the Regional Transportation Plan, he pursued the amendment in this committee. We suspect it is because the amendment had a much better chance of passing the Government Accountability & Reform Committee. The legislation passed the Committee by a vote of 4-1 with Senators Jack Harper, Bob Burns, Thayer Verschoor and Albert Hale voting in favor and Senator Richard Miranda casting the lone "no" vote. H. 2122 moves next to Senate Rules and caucus. Please make sure to let your senators know that the current Transportation Plan audit requirements are adequate and that new standards and audits do not need to be added. Tax Code Commission Continuation Bill Headed to Governor's Desk On Tuesday, the House unanimously approved S. 1080, which continues the Municipal Tax Code Commission for another 10 years. This Commission provides oversight for the Model City Tax Code and must approve changes to that code before they can be implemented. Nine city and town elected officials serve on the Commission. Because S. 1080 was not amended in the House, it does not need to go back to the Senate for a final vote. With its passage on Tuesday, the bill will go to the Governor's desk for approval. With the Legislature in session, the Governor has five days to act on the bill. We have spoken to the Governor's staff and have no reason to believe that she will not sign the bill into law. Anti-Inclusionary Zoning Bill Passes House Committee The House Government Reform & Government Finance Accountability Committee considered and passed an anti- inclusionary zoning bill on Wednesday that directly contradicts the efforts of the League's fair housing resolution. S. 1477: Local Planning; Residences; Fee Prohibition forbids a county, municipality or special taxing district from requiring that certain housing be designated for sale to a specific class of pu rchasers. S. 1477 passed the Committee by a vote of 6-2. Our thanks to Representatives Phil Lopes and Ted Downing for their arguments in favor of local control and against this preemption and for voting no on the bill. S. 1477 moves next to House Rules and caucus. LEGISLATIVE BULLETIN April 1 , 2005 PAGE 4 ,\ ~ -~ ¡.'.'~....... ~~'~,.' "....¡.·l.~..¡.'." iT/'/;, . . V",',',:, ; ..J" · ,~, .. IN THIS ISSUE Senate Amends and Passes the Cable Bill .......... 1 Senator Cheuvront Resurrects his Tax Incentives Preemption ............ 1 Cutting Revenue Sharing - It's Back ................. 2 Billboards Legislation Still Lurking Around House and Senate Floor ........... 2 Tax Refunds Bill Clears Senate ............... 2 Sine Die Potentially a Week or Two Away.. . . . . . . . . . 3 League or Arizona ~a~ Cities \¡To\vns Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix. Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@mg.state.az.us Internet: www.azleague.org LEG ISLA TIVE BU LLETI N Issue No. 13 April 7,2005 Senate Amends and Passes the Cable Bill Despite an all-out lobbying campaign against the cable bill by local governments, schools and other public access television stakeholders, the Senate this week amended and then passed the cable bill, H. 2563. This is particularly disappointing, considering a very positive press conference that was held on Monday to oppose the cable bill. There was a floor amendment offered by Senate President Ken Bennett and was very similar to the compromise that was previously offered during earlier negotiations. The amendment gave the legislation a delayed effective date of July 1,2007; a cap of 4% on license fees provided that any jurisdiction whose license expires before July 1, 2010 would get a phase in of the lower fee over three years with a reduction of one-third each year; two PEG channels would be provided without charge and any other in-kind services could be negotiated with the cable company but could not be required as a condition of license renewal. The bill passed the Senate by a vote of 16-12 with some very curious votes. In an interesting turn of events this afternoon, Senator Linda Aguirre, who originally voted for the bill, made a motion for the bill to be returned from the House for reconsideration. This is because after H. 2563 passed the Senate, it was immediately transmitted back to the House for the bill's sponsor to reject or accept the Senate amendments. It is up to House Speaker Jim Weiers whether or not to return the bill to the Senate. If the bill is returned to the Senate, any senator that voted on the prevailing side (in favor of the bill) can make a motion to have the bill be reconsidered. This means that there is potentially another shot to kill H. 2563 in the Senate, while another vote in the House is definitely needed in order to pass the bill with the Senate amendments. We would like to sincerely thank Avondale Mayor Ron Drake, Chandler Mayor Boyd Dunn, Mesa Mayor Keno Hawker, Paradise Valley Councilmember Virginia Simpson, Peoria Vice Mayor Pat Dennis, Phoenix Mayor Phil Gordon, Prescott Valley Councilmember Tom Steele, Scottsdale Mayor Mary Manross, Tempe Vice Mayor Mark Mitchell, Winslow Mayor and League President Jim Boles and Yuma Mayor Larry Nelson for making the trip to the Capitol to attend the press conference. In addition, a big thank you to all of the city and town staff members for helping with and attending the event. We will keep you posted on any new developments on H. 2563. Although it passed the Senate this morning, the motion to bring it back to the Senate means that the cable bill's fate is not sealed yet. As new developments on the bill could occur quickly and the House, Senate and Governor could all take action within the next week, please contact your state elected officials to express your opposition to the bill. Senator Cheuvront Resurrects his Tax Incentives Preem ption Senator Ken Cheuvront was able to salvage his tax incentives legislation in the Senate this week as a strike-everything to H. 2499 after he gave up in the House last week on S. 1201, where it was held in the Counties, Municipalities and Military Affairs Committee and the bill was used as a vehicle for a strike-everything amendment on a different issue. H. 2499, originally sponsored by Representative Steve Huffman, was amended with a strike-everything amendment in the Senate Appropriations Committee on Tuesday, where it passed u nan i mously. - continued - The strike-everything amendment offered by Senator Cheuvront contains nearly the same provisions as S. 1201, including a preemption of tax incentives in urbanized Maricopa County with exemptions for infrastructure, redevelopment, historical district and brownfields projects. However, the one difference is that H. 2499 now contains a conditional enactment and will take effect unless the Maricopa Association of Governments (MAG) develops and implements a regional plan to eliminate excessive incentives approved by the joint Legislative Budget Committee before August 2006. The bill went through Senate caucus on Wednesday and is expected on the floor shortly. In addition, S. 1274 is expected to be voted on by the full House soon. S. 1274 is the bill sponsored by Senator jay Tibshraeny that mandates the process to be used when awarding local tax incentives including a super majority council vote, a preemption on using emergency measures and third party auditing provisions. Please contact your legislators and once again express your opposition to these bills, which will erode some of your local tax authority. Cutting Revenue Sharing - It's Back Senator Bob Burns continues to wage his anti-city campaign to cut revenue sharing. His earlier bill to do so was pulled by the underlying sponsor so he came back today in his Appropriations Committee with another strike-everything amendment to zero out from the urban revenue sharing program any city with a population over 100,000. Unfortunately, a majority of his Committee agreed with him so the bill now moves to the floor of the Senate for a vote. The latest version of the cut is on H. 2624, which until today was a bill which had the State paying back the highway user revenue fund for last year's raid on the state portion of the vehicle license tax. It is ironic or perhaps "par for the course" that Senator Burns actually used a bill we supported for his vehicle to decimate the urban revenue sharing program. The bill reduces urban revenue sharing (the city share of the state income tax) to all cities over 100,000 in population beginning in 2006-2007 until 2014-2015 when no city or town in that population category would receive any of the funds. The bill does not specify how much the funds would be cut each year during the phase down. The legislation directs the joint Legislative Budget Committee and the Governor's Office of Strategic Planning and Budgeting to jointly compute an amount for distribution to these cities which provides for an annual uniform reduction. The bill also includes a provision calling for a minimum distribution for towns under 1,500 in population of $100,000 per year from both sales tax and income tax sharing. The bill couples the cut in revenue sharing with a reduction in state income taxes on both the individual and corporate side. This no doubt is good politics, but it also avoids the need for an extraordinary vote in the Legislature since the bill will result in no net gain of revenue to the State. The immediate effect of the cut is on the large cities and towns, but Senator jake Flake put it best when the first version of the revenue sharing cut was in caucus earlier in the session. He indicated that although the bill did not directly impact cities and towns in his District, that his mayors understood "divide and conquer" and that he vigorously opposed the bill. We hope all of you regardless of size will join him in his opposition to this bill and call your Senators to oppose H. 2624. Billboards Legislation Still Lurking Around House and Senate Floor The very harmful legislation that was introduced as nearly identical strike-everything amendments in the House and Senate last week is still alive, although it has not advanced to the House or Senate floor yet. Both bills, H. 2144 and S. 1193, were skipped on their respective floor debate calendars this week, which could mean that further amendments are being prepared, or that the bills lack the votes to pass. The bills cover many different areas and would directly affect an Arizona Supreme Court ruling regarding the city of Tucson and Clear Channel. Rather than phasing out nonconforming billboards when they fall into disrepair, the legislation would allow major repairs and reconstruction so that the structure meets the code standards that were in place at the time of original construction rather than current code standards. This will allow the noncompliant billboard use to remain in perpetuity. The amendment also allows billboards to get around lighting codes by deeming billboards to be in compliance of codes if they meet the lighting standards that were in place when the billboard was built. Please continue to keep in touch with your senators and representatives on this bill and let them know that you are opposed to last minute attacks on local governments' authority to regulate billboards. Tax Refunds Bill Clears Senate This week the Senate approved a bill that would change the way cities and towns handle sales tax refunds and the interest rates charged on delinquencies or paid on refunds. This issue was originally considered at the Municipal Tax Code Commission, but supporters of the concept decided to pursue this change at the Legislature instead. - continued - LEGISLATIVE BULLETIN April 7,2005 PAGE 2 H. 2055, Municipal Sales Tax; Refunds principally affects the 12 cities that collect and administer their own sales tax, rather than contracting with the State Department of Revenue. It specifies a different procedure for the payment of refunds prohibiting cities from requiring the taxpayer to give the money back to their customers. It would also specify that the interest rate charged or paid by cities would be calculated using an IRS index rather than the standard 1 % charged today. Amending the model city tax code at the Legislature is a bad idea. First, it further erodes local taxing authority and the ability of local officials to determine local tax policy. In addition, it creates confusion when state law preempts local code provisions because state law then says one thing while the code says another. On one good note, the bill was amended to remove the retroactive effective date. Originally, H. 2055 would have applied to any pending litigation on June 30, 2005. The bill will now only apply to future refund cases. H. 2055 passed the Senate by a vote of 18-11 and now moves back to the House for the sponsor, Representative Steve Huffman, to accept or reject the Senate changes. If he accepts the changes, the bill will have a final vote in the House and if he rejects the Senate changes, the bill will be sent to a conference committee. Sine Die Potentially a Week or Two Away While that may seem hard to believe, the word from both House and Senate leadership is that they are looking at a final adjournment date within a couple weeks. Reports from the budget negotiations with the Governor have been positive, and Senate President Ken Bennett reported on Wednesday that they are "close to being close" on the budget. The only details that President Bennett would reveal is that he is negotiating on four key issues to keep his caucus on board, which are no additional bonding, spending within the State's means, not taking money from the "Rainy Day Fund" and no additional borrowing. Earlier in the week, House Speaker Jim Weiers announced that the House would be working on Friday in an attempt to finish action on bills by April 15th, the target Sine Die date. However, on Wednesday, he said that the House will not be working on Friday. Both the President and the Speaker have been very committed to the April 15th Sine Die date, however, given the cancellation of Friday's meetings, this date might be pushed back by a week or two. All indications remain that legislative leadership is aiming to adjourn as soon as possible. We will keep you up to date should any budget breakthroughs occur. LEGISLATIVE BULLETIN April 7,2005 PAGE 3