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HomeMy WebLinkAbout06/17/2008 Council Agenda Packet~nWN OR- MARAN~ ~ gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 17, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS PLEASE TURN OFF OR PUT IN SII~ENT MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana. Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the .meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than June 16, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ~~WN OF ;, q MAIZANA ~ gRIZONP A. CALL TO ORDER AND ROLL CALL REGULAR MEETING B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 17, 2008, at or after 7:00 p.m. 1) Presentation: Status of the Silverbell Road Project (Barbara Johnson) 2) Presentation: Discussion/Direction regarding a proposal to adopt a new outdoor lighting code; deleting Marana Land. Development, Title 18, and placing the new code provisions with the building codes (John Huntley) ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS I. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. ~~wN nF .~ 9 h~,aiz~~Na ~ gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 17, 2008, at or after 7:00 p.m. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. 1. Resolution No. 2008-80: Relating to the Police Department; approving and authorizing the Marana Police Department to execute a License Agreement with B.K.W. Farms, Inc. relating to the use of B.K.W. Farms, Inc. property for the purpose of conducting firearms and tactical equipment training for Police Department personnel; and declaring an emergency (Terry Tometich) 2. Resolution No. 2008-81: Relating to Animal Control; approving and authorizing the Mayor to execute Amendment No. 1 to the 1. PUBLIC HEARING. Resolution No. 2008-82: Relating to Budget; adoption of the fisca12008-2009 Final Budget (Erik Montague) 2. PUBLIC HEARING. Ordinance No. 2008.13: Relating to Development; approving and authorizing a rezoning for Qwest Communications (Kevin Kish) 3. a. PUBLIC HEARING. Ordinance No. 2008.14: Relating to Development; approving and authorizing an amendment to the Rancho Marana West Specific Plan (Kevin Kish) b. Resolution No. 2008-83: Relating to Development; approving and authorizing the Mayor to execute a development agreement with the Marana Health center, Inc. (Frank Cassidy) 4. Resolution No. 2008-84: Relating to Development; approving and authorizing a preliminary plat for Camino de Vaquero, Lots 1-24 and Common Area `A' (private street) (Kevin Kish) 5. Resolution No. 2008-85: Relating to Development; approving and authorizing a preliminary plat far Gladden Farms II Blocks 35 & 39 (Kevin Kish) 6. Town Magistrate Selection (Deb Thalasitis) intergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana (Frank Cassidy) J. COUNCIL ACTION K. BOARDS, COMMITTEES AND COMMISSIONS ~pWN nr M1~aizana, gRiZ~iNP REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 17, 2008, at or after 7:00 p.m. L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Resolution No. 2008-86: Relating to Mayor and Council; establishing the compensation of the elective. officers of the town; and designating effective dates (Frank Cassidy) 2. State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat/Stephen Romero) M. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4), discussion and consultation with the Town's attorneys concerning the lawsuit entitled Fidelity National Title v. Town of Marana, Pima County Superior Court No. 020082776. 4. Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-018D, 226-15- 008B, 226-15-017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 5. Executive Session pursuant to A.R.S. §38-431.03 (A)(1), (3) and (4) for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of public officer, appointee or employee of Marana, and legal advice and direction to its representatives concerning negotiations and possible agreement relating to same. 6. Executive session pursuant to A.R.S. §38-431.03 (A)(1) for discussion or consideration of employment, assignment, appointment and salary for the position of Town Magistrate. ~nWN OF a h1A12A~A ~ gRIZONP REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 June 17, 2008, at or after 7:00 p.m. N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three. or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) O. ADJOURNMENT tOWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 MAi~nNA ; INFORMATION >``' gR12UN~' MEETING DATE: June 17, 2008 AGENDA ITEM: E. 1 TO: MAYOR AND COUNCIL FROM: Barbara F. Johnson, Director of Public Works SUBJECT: Presentation: Status of the Silverbell Road Project. DISCUSSION Staff will give a Power P oint presentation on the status of the Silverbell Road project. RECOMMENDATION Information only. SUGGESTED MOTION None required, information only. TOWN COUNCIL MEETING TOWN OF MARANA INFORMATION MEETING DATE: June 17, 2008 AGENDA ITEM: E. 2 TO: MAYOR AND COUNCIL FROM: John A. Huntley, Building Director SUBJECT: Presentation: Discussion/Direction relating to building for a proposal to adopt a new outdoor lighting code; deleting Marana Land Development Title 18, and placing the new code provisions with the building codes. DISCUSSION The greater Tucson region of southern Arizona is considered a premier location for astronomical observation and enjoyment of the dark desert night sky. There are several astronomical observation locations within our region, including Kitt Peak, Mount Hopkins and the Catalina Mountains. Protection of our unique desert environment with its dark .night sky, as well as minimization of wasted energy through adoption of a comprehensive outdoor lighting code, is a high priority within this region and for the Town of Marana. All governmental jurisdictions within the greater Tucson region have adopted outdoor lighting codes. Over time, these codes have been modified, improved and altered to address issues related to an ever-changing outdoor lighting industry as well as outdoor lighting technological advances. The existing Town of Marana Outdoor Lighting Code was adopted in 2003 and revised in December of 2004. The time has come to update this existing code to include provisions addressing the need for appropriate commercial and residential landscape lighting, the illumination of outdoor display lots, as well as changes in the sign lighting requirements to reflect new industry standards. It is the intent of this code to control the obtrusive aspects of excessive and careless lighting while preserving, protecting and enhancing the lawful nighttime use and enjoyment of both commercial and residential properties. Nighttime safety has been considered during the decision making process for every code provision. This newly updated version of the Town of Marana Outdoor Lighting Code incorporates well- vetted and established requirements similar to those found within the lighting codes of other jurisdictions and is designed in the standard international code format. The new format is far' easier to read and interpret and represents a substantial benefit to designers, engineers, plan reviewers and field inspectors. This thoroughly modern, inclusive and user-friendly code will support environmentally sustainable, safe and enjoyable commercial and residential outdoor lighting within the Town for years to come. ~oooo9s69.DOCi} 6/09/08CIH The current code exists as Title 18 of the Town's Land Development Code. Analysis of the enforcement, approval and interpretation components of the outdoor lighting code seem to indicate that is better suited to exist as a part of the Town's building codes. It is proposed that the Land Development Code should be amended, deleting Title 18 and adding the new outdoor lighting code to the Town's building codes. RECOMMENDATION Staff recommends authorization to bring to Council for adoption the proposed code revisions. ATTACHMENT Draft outdoor lighting code. SUGGESTED MOTION I move to direct staff to bring to Council for adoption the proposed outdoor lighting code with other amendments to the existing Town code as needed. • TOWN OF MARANA OUTDOOR LIGHTING CODE ORDINANCE # TABLE OF CONTENTS CHAPTER 1-ADMINISTRATION .....................................................................2 Section 101 Title, Scope and Purpose 102 Applicability 103 Exemptions 104 Permit, Plan Submission and Inspection Requirements 105 Prohibitions 106 Outdoor Lighting Design Standards 107 Violations • CHAPTER 2 -DEFINITIONS .....................................:......................................7 Section 201 General 202 Definitions CHAPTER 3 -LIGHTING AREAS ....................................................................10 Section 301 Description of Lighting Areas CHAPTER 4 -TOTAL OUTDOOR LIGHT OUTPUT, SHIELDING, FIXTURE HEIGHT REQUIREMENTS .........................................................11 Section 401 Total Outdoor Light Output -Table 401.1 402 Outdoor Light Shielding 403 Fixture Height Requirements CHAPTER 5 -SIGN LIGHTING .......................................................................14 Section 501 Outdoor Advertising Signs CHAPTER 6 -RECREATIONAL FACILITIES ....................................................15 Section 601 Illumination of Recreational Facilities . CHAPTER 7 -OUTDOOR DISPLAY LOT LIGHTING ..........................................16 Section 701 Illumination of Outdoor Display Lots • CHAPTER 1 ADMINISTRATION SECTION 101 TITLE, SCOPE AND PURPOSE 101.1 Title. These provisions shall be known as the Outdoor Lighting Code for the Town of Marana. They shall be cited as such and will be referred to herein as "this code". 101.2 Scope. The provisions of the Town of Marana Outdoor Lighting Code apply to the construction, alteration, movement, enlargement, replacement and installation of outdoor lighting throughout the Town. 101.3 Purpose and intent. The purpose of this code is to preserve the relationship of the residents of the Town of Marana to their unique desert environment through protection of access to the dark night sky. Intended outcomes include continuing support of astronomical activity and minimizing wasted energy, while not. compromising the safety, security and well being of persons engaged in outdoor night time activities. It is the intent of this code to control the obtrusive aspects of excessive and careless outdoor Iighting usage while preserving, protecting and enhancing the lawful nighttime use and enjoynlen~ of any and all .property. It is recognized that portions of properties may be required to be unlit, covered,.. or have reduced lighting levels in order to allow enough lumens in the lighted areas to achieve light levels in accordance with nationally recognized recommended practices. 101.4 Conformance with codes. All outdoor illuminating"devices shall be installed in conformance with the • provisions of this code, the building code, the electrical code and the sign code of the authorizing jurisdiction as applicable and under appropriate permit and inspection. SECTION 102 APPLICABILITY 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shalt govern. Where there is a conflict between the general requirements and a specific requirement, the specific requirement shall be applicable.. 102.2 Other laws. Where any provision of federal, state, county, or city statutes, codes or laws conflicts with any provision of this code, the most restrictive shall govern unless otherwise regulated by taw. 102.3 Partial invalidity. If any of the provisions of this code or the application thereof is held invalid, such invalidity shall not affect other provisions or applications of this code which can be given effect, and to this end, the provisions of this code are declared to be servable. 102.4 New uses, buildings, and additions or modifications. All proposed .new land uses, developments, buildings, structures, or building additions, shall meet the requirements of this code. ~ Modification or replacement (other than maintenance) of outdoor lighting fixtures shall meet the provisions of this code. 102.5 Existing installations. All outdoor light fixtures lawfully installed prior to and operable on the effective date of the ordinance codified under this chapter are exempt from all requirements of this code. The installation shall be maintained in accordance with the edition of the Outdoor Lighting Code under which it was installed. • 102.6 Resumption of use after abandonment. If a property or use with non-conforming lighting is abandoned as defined in chapter 2, then all outdoor lighting shall be reviewed and brought into compliance with this code before the use i resumed. 2 102.7 Change of use. Whenever the use of any existing building, structure, or premises is changed to a new • use, all outdoor lighting shall be reviewed and brought into compliance with this code before the new use commences. 102.8 Alternate materials and methods of construction. The provisions of this code are not intended to prevent the use of any design, materials or method of installation or operation not specifically prescribed by this code, provided any such alternate has been approved. The Building Official may approve any such proposed alternate provided he or she finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements of this code and; 2. Is otherwise satisfactory or complies with the intent of this code and; 3. Has been designed or approved by a registered lighting or electrical engineer and is supported by calculations showing that the design submitted meets that intent of the code. 102.9 Appeals. Any person substantially aggrieved by any .decision of the Building Official made in administration of this code has the right and responsibilities of appeal to the Advisory/Appeals Board of this jurisdiction. SECTION 103 EXEMPTIONS 103.1 Gas lighting. All outdoor lighting fixtures producing Light directly by the combustion of natural gas or other fossil fuels are exempt from the provisions of this code. 103.2 Lighting in the public right-of--way. Outdoor lighting 'installed in the public right-of--way is exempt from the provisions of this code. Engineering standards apply and require an approval from the Town of Marana Engineering Department. 103.3 Seasonal decorative lighting. Seasonal decorations using unshielded 50-watt or less incandescent lamps are exempt from Thanksgiving to January 15~h. These fixtures must be turned off between 11:00 p.m. and sunrise except for commercial operations open on a'24 hour basis. 103.4 Neon sign lighting. Neon lighting shall be exempt from the requirements of Chapter 4 of this code when used for sign lighting, but not exempt for any other uses. 103.5 Emergency Egress Lighting. Emergency egress lighting, when required under building regulations and illuminated only during an emergency event; shall be exempt from the requirements of this code. 103.6 Temporary exemption. Any person may submit a written request, on a form prepared by the jurisdiction, to the jurisdiction for temporary exemption request. A temporary exemption shall contain the following information: 1. Specific exemption(s) requested. 2. Type and use of outdoor light fixture involved. 3. Duration of time of the requested exemption. 4. Type of tamp and lamp lumens. 5. Total wattage of lamp or lamps and number of lamps to be used. 6. Proposed location on premises of the outdoor lighting fixture(s). 7. Previous temporary exemptions, if any, and addresses of premises there under. 8. Physical size of outdoor light fixture(s) and type of shielding provided. 9.Other data and information that may be required by the Building Official. 103.6.1 Approval and duration. The jurisdiction shall have five business days from the date of submission of the request for temporary exemption to act, in writing, on the request. If approved, the exemption shall be valid for not more than thirty days from the. date of issuance of the approval. The approval sha}1 be renewable at the discretion of the Building Official upon a consideration of all the circumstances. Each such renewed exemption shall be valid for not more than thirty additional days. 103.6.2 Disapproval and appeal. If the request for temporary exemption is disapproved, the person making the request will have the appeal rights provided in Section 102 of this code. SECTION 104 PERMIT, PLAN SUBMISSION AND INSPECTION REQUIREMENTS 104.1 Permit required. Any owner, occupant or authorized agent who intends to install, construct, enlarge, alter, repair, move, or change any outdoor lighting within Town of Marano jurisdiction, the installation of which is regulated by this code, shall first make application to the Building Official and obtain the required outdoor lighting permit. 104.2 Permit submission requirements. The permit submission shall contain the following: 1. Plans indicating the location and type of illuminating devices, ~xture~,' lamps, supports, reflectors, and other devices. 2. Description of the illuminating devices, fixtures, lamps, supports, reflectors, additional shielding, and: other devices that may include, but is 'not limited to, catalog cut sheets from the manufacturer. 3. If canopy lighting is being proposed, then provide calculations for average maintained levels of horizontal illuminance at 36 inches above grade level irr `foot candles. Provide evidence of the fixtures being hidden from sight at the property line. 4. Photometric data established by the fixture rtianufacturers or credible source, showing the angle of cutoff or light emissions. Photometric data need not be submitted when the full cutoff performance of the fixture is obvious to the reviewer. 5. Additional photomeMc data and site structure information as necessary to assure that there is no light trespass on adjacent properties in excess of that allowed by Section 107.5 of the Design Standards. 6. A stamp or statement on the plans stamped by a registered design professional certifying compliance with the requirements of this Code. The Building Official may waive this requirement for small installations. 7. For sights in Lighting Area E3 that exceed 6 acres, a master lighting study may be submitted that indicates an overall lumen calculation for the entire site. The study shall indicate actual lumens used for lighting being presently installed and an estimate. for future pads, parcels, buildings and phases. The total lumens for the overall project shall be tracked by a single design professional designated by the owner and submitted as a cumulative total to the Town of Marano. The overall project lumens shall be tracked to show current compliance and ability to develop future areas within the limit of the overall allowed lumens. 104.3 Luminaire schedule on plans. There shall be a schedule on the plans. to confirm compliance with the lumen cap per Table 401.1, and which includes the following information: 1. Each exterior Luminaire type with the mean lumens for that type, the quantity of each type and whether the Luminaire is full cutoff or shielded (not full cutoff). 2. The total of full cutoff and shielded (not full cutoff) mean lumens for the parcel. 3. A statement of the lighting area, the size of the permitted parcel, and the maximum allowed full cutoff and shielded (not full cutoff) mean lumens. • Exception: When a submittal includes a statement by a registered design professional stating that the existing site lighting is being modified less that 10 percent, it shall not be necessary to comply with Section 104.3. 4 • 104.4 Additional submissions. The above required plans, descriptions and data shall be sufficiently complete to enable the plans examiner to readily ascertain code compliance. If such plans, descriptions and data are insufficient to enable this ready determination, by reason of the nature of configuration of devices, fixtures, or lamps proposed, the application will be deemed incomplete. The plans examiner may require additional evidence of compliance such as certified reports of tests by a recognized testing laboratory. 104.5 Subdivision plat certification and development plan. If any subdivision proposed to have installed common or public area outdoor lighting, the final plat shall contain a statement certifying that the applicable provisions of this code will be complied with. Specific plans for lighting shall not be included on the`plat but will rather be contained on the building permit plans. 104.6 Lamp or fixture substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted by the design professional to the building official for his/her approval, together with adequate information to assure compliance with this code. 104.7 Inspections. The owner of a property, or the authorized agent of the owner, shall request all required inspections as noted on the permit issued under this code. All inspection requests shall be made at appropriate intervals as noted on the permit and it is the responsibility of the property owner or authorized agent of the owner to assure that all required inspections receive approval from 'the Building Official and that final inspection approval is obtained prior to placing the permitted outdoor lighting into service. . SECTION 105 ` , PROHIBITIONS 105.1 Mercury vapor lamps and fixtures. The installation,. sale, offer for sale, lease or purchase of any mercury vapor lamp for use within the Town of Marana as outdoor lighting is prohibited. 105.2 Bottom mounted outdoor advertising. sign lighting. Bottom mounted outdoor advertising sign lighting is prohibited. 105.3 Other fixtures and lamps. The installation of unshielded lighting that produces glare, or where the unshielded portion. of the lamp can be seen from the property line, except as approved in the design standards, is prohibited. Any lighting not listed in this code is not permitted without the approval of the Building Official. 105.4 Laser source lighting. The use of laser source lighting or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited. 105.5 Searchlights. The operation of searchlights for advertising purposes is prohibited. SECTION 106 OUTDOOR LIGHTING DESIGN STANDARDS 106.1 General design standards. The design shall incorporate at least SO percent of the. allowed lumens or meet the minimum illumination levels recommended in the latest Handbook of the Illuminating Engineering Society of North America (IESNA), whichever is lesser. The design shall be within the recommended illuminance ration for the specific task. 106.2 Spacing. Light poles and luminaires shall be spaced in a manner to provide .lighting distribution as • recommended by the IESNA in areas of frequent use such as parking lots and pedestrian walkways taking height limitations into account. • 106.3 Canopy lighting. Canopy lighting shall have a maximum average maintained horizontal illuminance level at 36 inches above grade of 60 foot candles (fc) in Area E3 and 45 fc in Area E2. 106.4 Shielded (not full cutoff) lighting. All shielded (not full cutoff) light fixtures, including unshielded seasonal decorations, shall be turned off between 11:00 p.m. and sunrise. Exception: Commercial properties that operate on a 24 hour basis. 106.5 Flood and spot lights. Flood and spot lights shall be installed within a shielded housing and aimed no higher than 45 degrees to the horizontal. The source shall not be visible from any adjacent property. 106.6 Lighting types approved. Lighting types shall consist of low pressure sodium (LPS), high pressure sodium (I-3PS), metal halide (MI-1), fluorescent, incandescent, gas filled tubing and any other lighting source approved by the Building Official. The preferred method of lighting is LPS and should be utilized unless color rendering is essential. 106.7 Lighting glare. Glare from all lighting shall be considered an essential part of the design and direct view of any light source from off the property shall not be allowed. Exception: As permitted in section 103.4. 106.8 Lighting required for business operation. Lighting required for business operation may be allowed to remain on until 11 p.m. or until close of business, whichever is later. SECTION 107 VIOLATIONS • 108.1 Unlawful acts.. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, install, use or demolish outdoor lighting equipment as regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 108.2 Notice of violation T`he Building, Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removing, demolition or use of any outdoor lighting in violation of this code or in violation of a detail statement or a plan approved hereunder, or in violation of a permit issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. The property owner or authorized agent of the owner shall comply with the requirements of the notice of violation or file a notice of appeal in accordance with the provisions of Section .102.9 above within the time period given on the notice for abatement of the violation. 108.3 Enforcement and Penalties. Failure to address a notice of violation in a timely fashion may result in the issuance of a civil citation as provided for in Chapter 5-7 of the Marana Town Code. Such citation shall not excuse the need to correct or abate such violation, or to remove or terminate the unlawful use of outdoor lighting in violation of the provisions of this code or of the order or direction made pursuant thereto. Each day a violation continues shall be considered a separate offense. • 6 • CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings indicated in this chapter. 201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS ABANDONMENT. The relinquishment of a property, or the cessation of the use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodeling, maintaining, or otherwise improving or rearranging, a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation` of activities or conditions which constitute the principal use of the property. BUILDING OFFICIAL. The official or other designated authority charged with the administration of this code, or a duly authorized representative. CURFEW. A time established for listed lighting systems to be automatically extinguished. DEVELOPMENT PROJECT. Any residential, commercial, industrial or mixed .use subdivision plan or development plan which is submitted to the jurisdiction for approval or for permit. DIltECT ILLUA'IINATION. Illumination resulting from light emitted directly from a lamp or luminaire, not light diffused through translucent signs or reflected from other surfaces such as the ground or building faces. DISPLAY LOT OR AREA. Outdoor areas where active nighttime sales activities occur, and where accurate color perception by customers is required. To qualify as a display lot, one of the following specific uses must occur: 1. Automotive sales. 2. Assembly Lots. 3. Swap meets. 4. Airport acrd automobile fueling areas. Special condition. Uses not on this list must be approved as a display lot use by the Building Official. FULL CUTOFF LIGHT FIXTURE. Alight fixture shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane, as certified by photometric test reports. Such candela information shall be as determined by a photometric test report from a nationally recognized independent testing labo"ratory and as certified by the manufacturer. Any structural part of the luminaire • provided this cutoff angle shielding shall be permanently attached. 7 GLARE. The definition of glare found in the Illuminating Engineering Society of North America (IESNA) • handbook describes a subjective sense of visual discomfort from viewing a direct light source. It is not measured in foot candles but rather the blinding sensation of an often distant light source.- There are several elements that affect glare such as the type of light source, contrast of tight source to the general environment tight levels, distance, and age of viewer. For the purpose of this code, glare is present whenever the Light source is visible from the property line. INSTALLED. The attachment , or assembly fixed in place, whether or not connected to a power source, or any outdoor light fixture. LUMEN. Unit of luminous flux used to measure the amount of light emitted by Lamps. LUMINAIRE. The complete lighting assembly, less the support assembly. Two or more units with lamps less than three feet apart shall be considered a single luminaire. NET ACREAGE. The remaining found area after deleting alt portions of proposed and existing public streets within a parcel. OUTDOOR LIGHT FIXTURE. An outdoor illuminating device, outdoor lighting or reflective surface, lamp or similar device, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but not be limited to: 1. Street lighting. 2. Parking lot lighting. 3. Building and structural lighting. 4. Landscaping lighting. 5. Recreational Lighting. 6. Billboards and other signs (advertising or otherwise). 7. Product display area lighting. 8. Building overhangs and open canopy lighting. 9. Security Lighting. 10. Searchlight, spotlight, flood lights and laser lights. OUTDOOR RECREATION FACILITY. An area designed for active recreation, whether publicly or privately owned, including, but not limited to baseball, soccer, football, golf,. tennis, swimming pools and race tracks of any sort. PERSON. Any individual, tenant, lessee, owner, or any commercial entity including but not limited to firm, business, partnership, joint venture or corporation. PROPERTY LINE. As relating to seeing the source of light for glare or determining lighting limits, the determination shalt be from 5 feet above grade at any property line. The property line used to determine pole height shall be the actual property line. Common areas, streets, right of ways shall not be used to allow increases in pole heights. PUBLIC RIGHT-OF-WAY. A road, street, alley or highway permanently dedicated to the public for public use. SHIELDED (NOT FULL CUTOFF) FIXTURE. Alight fixture that does not comply with the full. cutoff light fixture requirements of this code, but does comply with shielding requirements. • 8 SHIELDING OR SHIELDED LIGHT FIXTURE. Construction of a luminaire, the location of a fixture, or • the addition of materials to prevent the light source. and the associated glare from being seen at the property line. The shielding must be permanent and non reflective. Care should be taken to ensure additional shielding added to a luminaire does not affect the listing or warranty of the luminaire. The design engineer shall be responsible to ensure glare has been addressed during the design and construction phase. TEMPORARY LIGHTING. Lighting which does not conform to the provisions of this ordinance and which will not be used for more than one thirty day period within a calendar year, with one thirty day extension. Temporary lighting is intended for uses which by their nature are of limited duration; e.g. holiday decorations, civic events, or construction projects. r~ 9 • CHAPTER 3 LIGHTING AREAS SECTION 301 DESCRIPTION OF LIGHTING AREAS 301.1 Lighting areas. Lighting areas shall be as described and defined on the Town of Marana Lighting Area Map incorporated within this code as APPENDEX A, and as further described within this section. 301.2 Lighting area E3. Lighting area E3 is an urban area with primary land uses for commercial, business, industrial activity, apartments and surrounded by suburban residential areas. 301.3 Lighting area E2. Lighting area E2 is rural residential and agricultural areas. Exception: Properties located within lighting area E2 on the Marana Lighting Area Map that are. determined to be a commercial or industrial uses by the Town of Marana Planning and Zoning Director, or otherwise have an allowed commercial uses, shall be deemed to be located within Lighting Area E3. In the case of rezoning, outdoor lighting levels and the purposes and intent of this code shall be a rezoning consideration and outdoor lighting levels may be restricted by the rezoning authority. 301.4 Lighting area. C. Lighting area C is areas designated as land "banks, conservation areas or any environmental areas of special consideration as designated by the Town- of Marana Council. Lighting in these areas shall be limited to lighting for public safety only. 301.5 Properties in more than one lighting area. A property located in more than one of the lighting areas described within this chapter shall be considered to be onlyn the most restrictive lighting area. • 10 . CHAPTER 4 TOTAL OUTDOOR LIGHT OUTPUT, SHIELDING, FIXTURE HEIGHT REQUIREMENTS SECTION 401 TOTAL OUTDOOR LIGHT OUTPUT 401.1 Calculation of total outdoor light output for property. Total outdoor light output shall not exceed the lumen limits given in Table 401.1. In the table, "total" means the sum of emitted light on the site. For determining compliance with this code, the total lumens shall be the sum of the following: 1. One hundred percent of the lumens from outdoor full cutoff and shielded (not ful} cutoff) fixtures installed on grade, on poles, and installed on the top or sides of buildings or other structures, when not shielded from above by the structure. 2. One hundred percent of the lumens from LED and externally illuminated signs. 3. Fifty percent of the lumens from underwater Iight fixtures unless the fixture is aimed at an angle of less than 45 degreed above the horizontal, in which case the lumens shall be calculated at 10 percent of the total lumen output. 4. Twenty percent of full cutoff fixtures installed under canopies, building overhangs or roof eaves. 5. Zero percent of full cutoff light fixtures installed under canopies, building overhangs, or roof eaves in such a manner that no lamp or vertical element of a lens or diffuser is visible at the property line. 6. Zero percent of internally illuminated signs or lights illuminating a US flag when shining downward. 401.2 Calculation of total-light output for fixture lamps. The-`total amount of light, measured in lumens, is • limited to a value per net acre of the site. The output from all outdoor light fixture lamps shall be determined as follows: 1. For lamp types that vary in light output as they age (such as fluorescent or high intensity discharge lamps) the mean lumen output, as defined. by the lamp manufacturer, shall be the lumen value used. For lamps not listed with mean lumens, the initial rating shall be used. 2. The light output for each outdoor light,. fixture shall be based on the largest lamp that the outdoor light fixture is rated to accommodate. Furthermore, the largest Lamp rating for fluorescent and high intensity discharge fixtures shall be based on the installed ballast rating. • 11 • TABLE 401.1 1lZr~XIMUM TOTAL OUTDOOR LIGHT OUTPUT REQUIREMENTS CJ .LUMEN CAPS: MEAN LUMENS PER NET ACRE OF PARCEL OR LOT LIGHTING AREAS (As defined in Section 301 and on Town of Marana Outdoor Li tin Ma .) E3 E2 C COMMERCIAL AND INDUSTRIAL - OPTION l (1) (Mostl 'low ressure sodium fixtures.) Total full cutoff LPS fixtures, plus full cutoff non-LPS fixtures, plus shielded (not full cutoff) fixtures, plus LED sign li tin . (5) 460,000 205,000 SP (4) Limit on non-LPS full cutoff fixtures. 45,000 18,000 SP (4} Limit on shielded (not full cuto fixtures. 5) 12,000 6,000 SP (4) Limit on LED si li htin 10,000 5,000 SP (4} COMMERCIAL AND INDUSTRIAL -OPTION 2 (1) (Mostl non-low ressuresodium fixtures)" Total full cutoff fixtures, plus shielded (not full cutoff) fixtures, lus LED si l ting. (5) 310,000 70,000 SP (4) Limit on shielded (not full cutof fixtures. 5 12,000 6,000 SP (4) Limit on LED si li tin 10,000 5,000 SP (4} ALL RESIDENTIAL ZONING (2) (3) Total full cutoff fixtures, plus shielded (not full cutoff) fixtures. 55,000 24,000 SP (4) Limit on shielded (not full cutoff) fixtures. (5) 12,000 6,000 SP (4 Table footnotes: 1. Use any one of the options for the entire property. 2. This refers to all residential land-use zoning„,.including all densities and types of housing such as single family, detached and duplexes. 3. If LPS is used for residential lighting, then the total lumens in the table for afl areas can be increased by 30 percent of full cutoff LPS lighting. 4. "SP" indicates special permit where-local conditions warrant low level lighting design. 5. Shielded (not full cutoff) fixtures shall .not exceed 3,000 mean lumens output per fixture, and shall meet the shielding requirements of this code. SECTION 402 OUTDOOR LIGHT SHIELDING 402.1 Full cutoff requirements. All outdoor light fixtures are required to meet the full cutoff requirements of this code. Exception: Fixtures described in table 401.1 as shielded (not full cutoff), internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. 402.2 Shielding requirements. All outdoor lighting fixtures are required to meet the following shielding requirements: 1. All outdoor lighting within 200 feet or ten times the mounting height of the fixture, whichever is greater, of residential areas shall have external shields installed.. Additional shielding may be required • by the Building Official when glare intrudes into residential areas or affects visibility of traffic signals or signage. 12 2. Flood or spot lamps shall be aimed no higher than 45 degrees to the horizontal (half-way between straight down and straight to the side). The light source shall not be visible from any adjacent residential property. The fixture shall have a means to be permanently aimed. 3. Light trespass into residential areas shall not exceed 0.3 foot candles measured vertically at 5 feet above the ground. Exception: Internal and LED sign lighting. Seasonal decorative lighting as described within Section 103. SECTION 403 FIXTURE HEIGHT REQUIREMENTS 403.1 Outdoor light fixture height requirements: 1. The height of apole-mounted luminaire shall be measured from finished grade to the bottom of the lens of the luminaire and fixture poles shall not extend more than 2 feet above the allowed mounting height. 2. The height of a pole mounted luminaire above finished grade shall not exceed 42 feet for a property that exceeds 25 acres, 30 feet for a property between 6 and 25 acres, and 20 feet for a property less than 6 acres. For properties that exceed 6 acres, any pole within 200 feet of a property line shall not exceed 20 feet in height. 3. All lighting fixtures on the residential side of commercial or industrial property and adjacent to residential property shall be full cutoff and shall be limited in height to 10 feet at the property line and may increase in height at a rate of 1 foot for every 2ft.-bin. away from the properly line up to the maximum height for the area of the site. 4. All wall mounted luminaires utilizing lamps in excess of 4,00 lumens and/or installed above 9 feet in elevation shall be equipped with external shields and provided with forward throw optical characteristics so as to minimize the reflected light off the wall below the. luminaire. See section 401.1 and 401.2 for additional requirements. • 13 • CHAPTER 5 SIGN LIGHTING SECTION 501 OUTDOOR ADVERTISING SIGNS 501.1 External illumination of on-site signs. External illumination for on-site signs shall conform to all provisions of this code and shall also conform to the lamp source, shielding restrictions and lumen caps of Chapter 4. 501.2 Illumination of offsite advertising signs. Illumination of outdoor advertising off-site signs is prohibited. Exception: The use of lighting fixtures legally installed in Areas E2 and E3 prior to the effective date of this code may continue, provided such fixtures are mounted on the top of the sign structure and -shall not be illuminated between the hours of 11:00 p.m. and sunrise, and comply with all other provisions of the code. 501.3 Internally illuminated advertising signs. Internally illuminated .outdoor advertising signs shall not be counted toward the lumen caps described in Chapter 4. Outdoor internally illuminated advertising. signs constructed with an opaque or colored background and translucenttexi and symbols are strongly preferred so as to reduce any potential detrimental effects. 501.4 Outdoor illuminated sign curfews. Illumination for ail advertising signs, both external and internal, shall be reduced by 50 % or turned off at the. curfew times listed in Table 5.4, or when the business activities cease, whichever is later. Billboards with legally installed lights shall be turned off at 11 P.M. TABLE 501.4 ILLUMINATED SIGN CURFEWS LIGHTING AREAS'(Defined in Section.301 and on Town of Marana Outdoor Li htin Ma .) E3 E2 C COMMERCIAL AND INDUSTRIAL ZONING 12 A.M. 11 P.1VI. X ALL RESIDENTIAL ZONING 11 P.M. 10 P.M. X X =Not allowed • 14 CHAPTER 6 RECREATIONAL FACILITIES SECTION 601 ILLUMINATION OF RECREATIONAL FACILITYES 601.1 Lighting not directly related to athletic areas. All site lighting not directly associated with the athletic playing areas shall conform to the lighting standards described in this ordinance, including but not limited to the shielding requirements of Chapter 4 and the lumens per acre limits of Table 401.1. 601.2 Athletic lighting exempt from lumen limits. Lighting for athletic fields, courts, or tracks shall be exempt from the lumens per acre limits of Table 401.1. All such lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance. Exception: Where full cutoff fixtures are not utilized, acceptable luminaires shall include those which are provided with internal and/or external glare control louvers and installed so as to limit direct up- light to less than 5 percent. of the total lumens exiting from the installed fixture, and minimize offsite light trespass by installing additional shielding for any residential area. Acceptable fixtures must also be installed with minimum aiming angles of 25 degrees downward from .horizontal. This aiming angle shall be measured from the axis of the luminaire maximum beam candlepower as certified by an independent testing agency. 601.3 Athletic lighting curfew. All events shall be scheduled so as to complete all activity before the curfew times listed in Table 601.3. Illumination of the playing field, court or track shall be permitted after the curfew only to conclude a scheduled event that was unable. to be concluded before the curfew due to unusual circumstances. 601.4 Lighting Area C prohibition. No recreational lighting is permitted in Area C. Trailheads or other facilities may have low levels of lighting for security and shall require a special permit. TABLE 601.3 RECREATIONAL FACILITY LIGHTING CURFEWS LIGHTING AREAS {Defined ire Section 301 and on E3 E2 C Town of Marana Outdoor Li htin Ma .} CURFEW TIME 11 P.M. 11 P.M. X X =Not allowed • 15 CHAPTER 7 OUTDOOR DISPLAY LOT LIGHTING SECTION 701 ILLUMINATION OF OUTDOOR DISPLAY LOT AREAS 701.1 Lighting not associated with display lot areas. AlI site lighting not directly associated with the display lot areas shall conform to the lighting standards described in this ordinance, including but not limited to the requirements of Chapter 4. 701.2 Lighting for display lot areas. Lighting for display lot areas shall be exempt from the lumens per acre Limits of Chapter 4. Ail such lighting shall utilize full cutoff luminaires that are installed in a fashion that maintains the full cutoff characteristics. Every such lighting system design shall be certified by a registered Lighting or electrical engineer as conforming to all applicable restrictions of this code. 701.3 Curfew requirements for display lot lighting. Display lot area lighting exceeding the lumens per acre cap of Chapter 4 shall be turned off at the curfew times listed in Table 601.3 or within thirty minutes after closing of business, whichever is later. Exemption: Display lot area lighting used for security and safety purposes is exempt from the curfew requirements of Table 601.3 provided it is in full compliance: with ail requirements of Chapter 4 and all other aspects of this code. • • 16 ~nWN 7F TOWN COUNCIL MEETING TOWN OF MARANA ~'' '' 9 MARANA ~ INFORMATION akiZOrP MEETING DATE: June 17, 2008 AGENDA ITEM: I.1 TO: MAYOR AND COUNCIL FROM: Terry Tometich, Chief of Police SUBJECT: Resolution No. 2008-80: Relating to the Police Department; approving and authorizing the Marana Police Department to execute a License Agreement with B.K.W. Farms, Inc. relating to the use of B.K.W. Farms, Inc. property for the purpose of conducting firearms and tactical equipment training for Police Department personnel; and declaring an emergency. DISCUSSION For several years the Marana Police Department has used a firing range located on property owned by B.K.W. Farms, Inc. for firearms and tactical equipment training purposes. The parties have now reduced this arrangement to writing in the form of the attached License Agreement. The Agreement provides anon-exclusive license to the Marana Police Department for the use of the property to instruct, train and conduct safety classes regarding firearms and tactical equipment, as well as off-road vehicles. The Police Department may schedule training on the range on an unlimited basis during the term of the Agreement, subject to the scheduling of other licensees. The use of the property is critical for the Police Department in maintaining proper levels of firearms training for its personnel ATTACHMENTS License Agreement FINANCIAL IMPACT The Town will pay rent in the amount of $100 per month under the Agreement, for a total of $1,200 for the year. RECOMMENDATION Staff .recommends the adoption of Resolution No. 2008-80, approving and authorizing the Marana Police Department to execute the License Agreement with B.K.W. Farms, Inc. SUGGESTED MOTION I move to adopt Resolution No. 2008-80. {00009563.DOC/} JF 6/9/08 MARANA RESOLUTION N0.2008-80 RELATING TO THE POLICE DEPARTMENT; APPROVING AND ,AUTHORIZING THE MARANA POLICE DEPARTMENT TO EXECUTE A LICENSE AGREEMENT WITH B.K.W. FARMS, INC. RELATING TO THE USE OF B.K.W. FARMS, INC. PROPERTY FOR THE PURPOSE OF CONDUCTING FIREARMS AND TACTICAL EQUIPMENT TRAINING FOR POLICE DEPARTMENT PERSONNEL; AND DECLARING AN EMERGENCY. WHEREAS the Marana Police Department and B.K.W. Farms, Inc. desire to enter into a License Agreement that will allow the Police Department to use certain described B.K.W. Farms, Inc. property for firearms and tactical equipment training on anon-exclusive basis; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the License Agreement between the Ma- rana Police Department and B.K.W. Farms, Inc., attached to and incorporated by this reference in this resolution as Exhibit A, and the Marana Police Department is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the License Agreement. 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, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 17~` day of June, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is entered into, as of this day of 2008 (the "Effective Date"), by and between B.K.W. FARMS, INC., an Arizona corporation ("Licensor"), and THE TOWN OF MARANA, an Arizona municipal corporation ("Licensee"). WITNESSETH: A. Licensor is the owner of real property (the "Property") located in Pima County, Arizona, and more fully described on attached Exhibit "A." B. Licensee, pursuant to agreements with Licensor, has utilized and continues to use the Property for the purpose of conducting firearms and tactical equipment training for its police department personnel (individually and collectively the "Marana Police"). C. The parties are desirous of reducing to writing their agreement pursuant to which Licensee uses the Property, on anon-exclusive basis, to instruct, train and conduct safety classes for the Marana Police with respect to use of firearms, tactical equipment and off-road vehicles. NOW, THEREFORE, in consideration of the following covenants and agreements, the parties mutually agree as follows: Supersedin,~ Arrangement. This Agreement supersedes any and all previous agreements to which Licensee is or was a party, whether written or oral, with regard to the use of all or any portion of the Property. By execution of the Agreement, Licensee hereby surrenders, releases, relinquishes and waives all rights and interests Licensee might otherwise have under or pursuant to any and all such previous agreements. 2. Grant of License. Licensor hereby grants Licensee anon-exclusive license to use the Property, including all fences, earthworks and other improvements now located on the Property (referred to collectively as the "improvements"), in accordance with the terms of this Agreement. 3. Administration and Cooperation. The parties acknowledge and agree that (a) the license granted to Licensee hereunder is non-exclusive, (b) one or more third parties (each an "Interested Party" and collectively the "Interested Parties") have each expressed to Licensor an interest in obtaining a license to use the Property for purposes similar to the Permitted Uses, as {00001908.DOC / 4} defined herein, and (c) Licensor is willing to consider granting non-exclusive licenses to the Interested Parties on terms that may, but need not, be similar to those in this Agreement. If Licensor grants anon-exclusive license (each an "Other License") to any Interested Party, good faith and cooperation between and among Licensor, Licensee and each Interested Party holding an Other License will be necessary for the efficient administration of the Property and to avoid interference in the exercise of rights under the respective licenses. Therefore, the parties agree that the following procedures will apply to Licensee's use of the Property hereunder: (a) Licensee will schedule -its activities on the Property no fewer than 48 hours and no more than 8 weeks in advance. (b) Licensee may schedule use of the Property for periods of up to 5 consecutive days, at any one time. Licensor will act reasonably in scheduling Licensee's access to use the Property in order to coordinate the efficient use of the Property by Licensee and Interested Parties under Other Licenses. In recognition of the right of Interested Parties under Other Licenses, Licensee agrees that Licensor will not be liable to Licensee for performing such scheduling in good faith. (c) If an Interested Party obtains an Other License from Licensor, Licensee will cooperate with such Interested Party to coordinate the use of the Property, and will put forth its best effort to negotiate with such Interested Party to reach an agreement on carrying out their respective obligations as licensees, such as, but not limited to, (i) sharing the costs and responsibilities imposed with respect to maintenance and repair of the Property, and (ii) constructing and using improvements on the Property. Each such agreement will be subject to the reasonable approval of Licensor. (d) Licensee will not take, cause or permit any action to betaken that would unreasonably interfere with the exercise of the Interested Party of its rights under the Other License. By way of illustration, and not by way of limitation, Licensee agrees that it will not install locks or other barriers that are designed to inhabit or prevent the Interested Party holding an Other License or Licensor from entering and using the Property. {00001908:DOC / 4} -2- 4. Term. This Agreement will continue in effect for one (1) year (the "Term"), commencing on the Effective Date and ending on the first anniversary of the Effective Date (which first anniversary is referred to as the "Expiration Date"); provided, however, this Agreement maybe sooner terminated as hereinafter provided. 5. Permitted Uses. During the Term of this Agreement, Licensee agrees to use the Property only to instruct, train and conduct safety classes for the Marana Police with respect to use of firearms, tactical equipment and off-road vehicles (the "Permitted Uses"). At all times during the Term of this Agreement, Licensee agrees to use the Property in keeping with best safety practices for firearms, tactical equipment and off-road vehicle operations.. Under no circumstances may Licensee (a) use or permit the use of the Property for any purpose other than the Permitted Uses, (b) cause or permit waste of the Property, or (c) adversely affect Licensor's title and rights to the Property, including any water rights or any other rights owned or claimed by Licensor. 6. Fee. On the Effective Date, Licensee agrees to pay Licensor a license fee for the Term (the "Fee") in the amount called for in attached Exhibit "B." The Fee will conclusively be deemed earned when paid and no part thereof will be refundable to Licensee if this Agreement is terminated prior to its scheduled Expiration Date. 7. Renewal. This Agreement maybe renewed for an additional term of one (1) year (the "Renewal Term") commencing on the first anniversary of the Effective Date, upon such terms and conditions that the parties agree to in writing. 8. Le a1~Compliance. Licensee agrees to pay all charges with respect to, and agrees to comply with, all governmental laws, rules, regulations and requirements applicable to the Property and/or to Licensee's activities on or with respect to the Property. 9. "As Is" Acknowledgment. Licensee acknowledges that it has inspected the Property and is familiar with the status and condition thereof that may affect Licensee's activities anticipated to be conducted thereon. Licensee agrees to bear all risk of loss, including injury and/or death resulting from the status and condition of the Property and Licensee's activities thereon. 10. Maintenance Obli ag tion. Licensee agrees to maintain the Property and all improvements thereon in a clean and orderly manner, in good repair and ready for activities, {ooooi9os.voc i a} -3- including, without limitations, the Permitted Uses, and agrees to pay, at its sole expense, all costs and expenses involved with the maintenance and repair thereof. Without limiting the generality of the immediately preceding sentence, at the end of each day of its use of the Property, Licensee agrees that it will pick up and properly dispose of all trash on the Property, including, but without limitation, all spent shell casings and other debris at the site of its activities. 11. Waiver. Licensee hereby waives any and all rights of recovery against Licensor, its officers, employees, shareholders, invitees, agents and representatives, for loss of or damage to Licensee or its property or the property of others. Licensee agrees to, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing waiver is contained in this Agreement, and, at Licensor's request, a confirmation that such waiver does not invalidate the insurance policies in place and will be honored by each such insurance carrier. 12. Insurance. Licensee agrees to maintain general liability insurance with a combined single limit of $2,000,000 bodily injury and property damage in the aggregate. Such insurance coverage must extend to any liability of Licensee arising out of the indemnities provided for in this Agreement. Licensor must be named as an additional insured and, as applicable, loss payee, and the insurance must be primary to any insurance maintained by Licensor. Licensee agrees to deliver to Licensor (i) a Certificate of Insurance prior to the commencement of the Term of this Agreement, and (ii) a renewal certificate at least seven (7) days prior to the expiration of the Certificate of Insurance it renews. Said Certificate of Insurance must provide thirty (30) days' prior notice to Licensor in the event of material change or cancellation. Licensee also agrees to maintain broad form property insurance coverage covering all Licensee's personal property to the full replacement value thereof. 13. Indemnification Obli ag tion. Licensee agrees to defend, hold harmless and indemnify Licensor against all liability arising out of, or connected with Licensee's use of the Property. Licensee further agrees to indemnify and hold harmless Licensor from and against any and all claims arising from Licensee's use of the Property, or from the conduct by Licensee of any activity, work or things done, permitted or suffered by Licensee in or about the Property or elsewhere and agrees to further indemnify and hold harmless Licensor from and against any and all claims arising from any breach or default in the performance of any obligation on Licensee's part to be performed under the terms of this Agreement or arising from any negligence of {ooooi9os.noc i a} -4- Licensee, or any of Licensee agents, contractors or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. Licensee, upon receipt of written notice from Licensor, agrees to defend Licensor, at Licensee's expense, by counsel satisfactory to Licensor. Licensee, as a material part of the consideration to Licensor, hereby assumes all risk of damage to property or injury to persons from any cause, in upon or about the Property arising from Licensee's use of the Property, and Licensee hereby waives all claims in respect thereof against Licensor. Licensor will not be liable to Licensee for any loss or damage resulting from (a) the condition or character of the Property; or (b) injury or damage to persons or property upon the Property. 14. Survival of Indemnification Obli ations. All Licensee's indemnification obligations hereunder are expressly agreed to survive the termination or expiration of this Agreement. 15. Certain Improvements. During the Term of this Agreement and the Renewal Term, if any, Licensee agrees to provide and install such improvements that, from time to time, might be deemed prudent, necessary or appropriate to minimize the risk of personal injury and property damage to the greatest extent possible. All improvements installed on the Property pursuant to this paragraph and their locations are subject to the written approval of Licensor, which approval will not be unreasonably withheld or delayed. On or prior to the expiration of this Agreement, as long as Licensee is not then in default hereunder, Licensee will be entitled to remove all of Licensee's movable personal property from the Property and repair all damage to the Property caused by such removal. All property of Licensee remaining on the Property after the expiration or termination of this Agreement will be deemed to have been abandoned and maybe removed and disposed of by Licensor without notice to Licensee; and Licensee agrees to reimburse Licensor for the cost of such removal and disposal. All permanent improvements installed in or attached to the Property by Licensee will be deemed to be fixed additions to the Property and, at Licensor's sole discretion, will become the property of Licensor upon expiration or termination of this Agreement. 16. Notices. Any notice, demand or other communication required or permitted in connection with this Agreement must be given in writing and must be transmitted by United States Mail, postage prepaid, certified or registered, or may be personally delivered, addressed as follows: {00001908.DOC / 4} -5- (a) If to Licensor: B.K.W. Farms, Inc. POB 186 Marana, AZ 85653-0186 Voice No. 520-682-2516 Fax No. 520-682-2517 (b) If to Licensee: Marana Police Department 11555 W. Civic Center Dr Marana, AZ 85653 Voice No. 520-382-2000 Fax No. 520-382-2001 17. Effect of Early Termination. Licensor will be forever wholly absolved of any and all liability for damages that might result to Licensee on account of this. Agreement being cancelled, forfeited or terminated prior to the scheduled expiration hereof. 18. Additional Documents. The parties hereby agree to execute such other documents and instruments as may be required to carry out the provisions of this Agreement, and the obligations of this Agreement will be binding upon the successors and permitted assigns of the parties hereto. 19. Taking. If, at any time during the Term or the Renewal Term, the whole or any part of the Property is taken or sold under threat thereof (jointly and severally, a "Taking"), for any quasi-public or public purpose by any person, private or public corporation, or any governmental agency having the authority to exercise the power of eminent domain pursuant to any law, general, special or otherwise, this Agreement (a) will continue in full force and effect, to the extent the remainder of the Property can reasonably be used as a site for the Permitted Uses, or (b) will terminate on the date of such Taking if the remainder of the Property cannot be so used. Licensor will be entitled to receive any and all awards, including severance damages to remaining lands, that may be made for a Taking, except that Licensee will have the right to remove any temporary buildings placed by Licensee on the portion of the Property that is subject to the Taking. 20. Lien Free Status. Licensee will have no power to do any act or make any contract that may create or be the foundation for any lien upon the Property or upon any building or improvement thereon, and should any such lien be filed, Licensee, at its own cost and expense, {00001908.DOC / 4} -6- agrees to bond or otherwise discharge same within ten (10) days after the filing thereof. Licensor will have the right to post notices ofnon-responsibility on the Property. Licensee herby agrees (i) to keep the Property free and clear of all charges, liens, claims of liens or demands related to Licensee's Conduct, as hereinafter defined, and (ii) to defend, indemnify and hold Licensor harmless from and against, any cost, expenses (including attorney's fees in any action or proceeding that arise out of the matters herein set forth), damages, losses, liability to others that may result from, or arise out of, or in connection with the following (the "Licensee's Conduct"): (a) the performing of any labor of the furnishing of any materials or supplies in connection with Licensee's activities permitted hereunder; (b) the operations of Licensee of the Property, or the exercise of Licensee of any of its rights hereunder; (c) any act or failure to act, whether negligent or otherwise, on the part of Licensee. or any party engaged. by Licensee in performing work for Licensee; (d) the failure of Licensee or any party to comply with any present or future law, ordinance, rule, regulation, requirement, or order whatever of the national, state, county, or municipal government; or, (e) any breach by Licensee or any party of any of the covenants, provisions, or conditions of this Agreement. Licensee agrees to immediately notify Licensor of all claims or demands or the attachment of any lien or charge arising from Licensee's Conduct 21. Inspections. Licensor will have the. right, without hindrance whatsoever, to enter upon, examine, and inspect the Property at any time and from time to time, without notice to Licensee, except that Licensor will have the right to enter upon and inspect any buildings in the sole possession or control of Licensee, only at reasonable times and after reasonable notice to Licensee. 22. Default; Remedies. Failure by either party to comply with all its material obligations under this Agreement will entitle the other party to terminate this Agreement upon notice and to pursue any or all of its other remedies provided bylaw or hereunder. The effective date of such termination will be the date stated in the notice. {00001908.DOC / 4} -7- If any party fails to .perform any of its obligations hereunder (such party is referred to as the "breaching party"), the other party will have all the remedies available at law or in equity as a result of such failure of performance, and if it is necessary to employ attorneys to enforce such obligations, the unsuccessful party in such litigation will pay such reasonable attorney's fees to the successful party as a court of competent jurisdiction may award. The waiver by the breaching party of a breach of any one or more covenants, agreements, conditions, or obligations herein contained or the acceptance of any delinquent payments will not bar the non-breaching party's right to declare a forfeiture or to employ any other rights or remedies in the event of any subsequent breach by the breaching party of any such or other covenants, agreements, conditions, or obligations. 23. .Relinquishment of Property. Licensee covenants that at the expiration or earlier termination of this Agreement, it will relinquish all claim to access, use and possession of the Property, and all improvements thereon and thereto, to Licensor without further demand or notice. 24. Subordination of License to Mortgage Liens. Licensee's rights under this Agreement are, and will always be subordinate to the lien of any existing or future mortgage or mortgages that Licensor has heretofore executed or may hereafter execute at any time. Licensee agrees to execute, upon request by Licensor, such instrument or instruments to evidence the subordinate position of this Agreement to any such mortgage or mortgages. 25. Severability. Licensor may, at its option, in addition to any of the rights given by this Agreement, enforce any provision of the laws of the State of Arizona, or of the United States of America governing the relations of Licensor and Licensee, with the same effect as though the right to enforce such provisions were herein specifically set forth. 26. Assignment or Sublicense. Licensee agrees not to assign this Agreement or create a sublicense without the prior written consent of Licensor. Any purported assignment or sublicense without prior written consent of Licensor will be null and void and will constitute, at Licensor's discretion, an event of default hereunder. In the event Licensor consents to the assignment of this Agreement or the creation of a sublicense, Licensee agrees to continue to be fully liable and responsible for the full and faithful performance of each and all terms, covenants and conditions herein contained; provided, {ooooi9os.voc i a} -8- however, the assignee or sublicensee will also be required to assume, in writing, the full and faithful performance of said terms, covenants and conditions imposed on Licensee under this Agreement. 27. Bindin~Effect. The covenants herein will extend to and be binding upon the heirs, successors, executors, administrators and assigns of the parties to this Agreement. 28. Entire Agreement. This Agreement constitutes the entire agreement between the parties, freely entered into, bargained for, and there are no other agreements existing between the parties orally or in writing. 29. Governing. This Agreement will be construed pursuant to the laws of the. State of Arizona. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE TOWN OF MARANA, an Arizona municipal corporation By: Terry Tometich, MPD Chief of Police LICENSEE B.K.W. FARMS, INC., an Arizona corporation By: Bing K. Wong, President LICENSOR APPROVED AS TO FORM: Town Attorney {00001908.DOC / 4} -9- STATE OF ARIZONA COUNTY OF PIMA ss SUBSCRIBED AND SWORN to before me this- day of , 2008, by BING K. WONG, as President of B.K.W. FARMS, INC. an Arizona corporation, on behalf of that corporation. NOTARY PUBLIC STATE OF ARIZONA ) ss COUNTY OF PIMA ) My Commission Expires: SUBSCRIBED AND SWORN to before me this day of 2008, by ,the of THE TOWN OF MARANA, ARIZONA, an Arizona municipal corporation, on behalf of that entity. NOTARY PUBLIC My Commission Expires: {00001908.DOC / 4} - l U- "EXHIBIT A" LICENSE AGREEMENT B.K.W. FARMS, INC., Licensor, and THE TOWN OF MARANA, Licensee T120S R110E S03 APPROXIMATE ACRES 43 {00001908.DOC / 4} -11- "EXHIBIT B" LICENSE AGREEMENT B.K.W. FARMS, INC., Licensor, and THE TOWN OF MARANA, Licensee Monthly: $ 100.00 Annual Rent: $ 1,200.00 {ooooi9os.DOC i a} -12- ~nWN Op TOWN COUNCIL ~ .~ MEETING TOWN OF MARANA 9 MARANA ~ INFORMATION gR~zuyr MEETING DATE: June 17, 2008 AGENDA ITEM: I.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-81: Relating to Animal Control; approving and authorizing the Mayor to execute Amendment No. 1 to the in- tergovernmental agreement with Pima County for the provision of animal control services within the Town of Marana. DISCUSSION The Town of Marana and Pima County have for many years had an on-going intergovernmental agreement for the provision of animal control services by Pima County within the town limits of Marana. All violations of the Town Code are cited into the Marana Municipal Court and prose- cuted bythe Town's legal department. The town retains all fines imposed in those cases. Pima County Animal Control collects license and kennel fees for animals within Marana and ap- plies those fees to the cost to the Town for animal control services. Unti12005, the intergovernmental agreement provided fora $10,000 cap in the cost of services. Beginning with an amendment approved in 2005 due to a potential funding deficit, Pima County required modification of the financing provisions to account for and reconcile all receipts and expenses each fiscal year beginning in FY 2005-06. Under this intergovernmental agreement, if the Town disbursement exceeds the annual Town receipts, the Town will deposit funds sufficient to cover the Town deficit in the Pima County Rabies Control Fund within thirty days after an official request for funds is made. Should there be a Town surplus in the Rabies Control Fund, the surplus will be refunded to the Town. This intergovernmental agreement continues these services for the period July 1, 2008, to June 30, 2010. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-81, approving and authorizing the Mayor to execute Amendment No. 1 to the intergovernmental agreement with Pima County for Animal Control Services. . ATTACHMENT(S) Amendment No. 1 to the Intergovernmental agreement with Pima County for Animal Control Services. SUGGESTED MOTION I move to adopt Resolution No. 2008-81. -2- MARANA RESOLUTION N0.2008-81 RELATING TO ANIMAL CONTROL; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA. WHEREAS, the Town has been a party to an intergovernmental agreement with Pima County for many years, authorizing the County to perform all animal control services within the Town limits; and WHEREAS, Pima County Animal Control will collect license and kennel fees for animals within the Town and apply those fees to the County's actual costs to provide animal control services for the Town, the difference being the responsibility of the Town; and WHEREAS, this intergovernmental agreement between the Town of Marana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Amendment No. 1 to the intergovernmental agreement between the Town of Marana and Pima County, attached as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17~' day of June, 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney EXHIBIT A AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY CONTRACT NO.O1-O1-M-138307-0806 WHEREAS, the Town of Marana and Pima County have entered into an Intergovernmental Agreement for the provision of animal control services by COUNTY relating to enforcement of leash law ordinances, biting dog ordinances, and animal cruelty ordinances and to provide for the impoundment and sheltering of stray animals, Contract No. 01-O1-M- 138307-0806; and WHEREAS, the Intergovernmental Agreement contains a specific provision allowing the Parties to renew for an additional term of two (2) years upon mutual agreement of the Parties; and NOW, THEREFORE, the Parties to this Intergovernmental Agreement exercise the option contained in Article III.16 -Duration and Effective Date, and renew the Intergovernmental Agreement for a period of two (2) years, beginning July 1, 2008 and ending June 30, 2010. All other provisions of the Intergovernmental Agreement not specifically revised by Amendment No. 1 remain unchanged. PIMA COUNTY TOWN OF MARANA, a Municipal Corporation Richard Elias, Chairman Date Pima County Board of Supervisors ATTEST: Clerk of the Board Date Mayor Date ATTEST: Town Clerk .Date Town of Marana PACC No l.doc APPROVED AS TO CONTENT Department Head Date Pursuant to A.R.S. § 11-952, the undersigned public agency attorney has determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona Attorney, Town of Marana Date Pursuant to A.R.S. § 11-952, the undersigned public agency attorney has determined that this Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona County Attorney, Pima County Date Town of Marana PACC No l.doc 2 b(7 ~~ to "C?~ pW N pR, TOWN COUNCIL .~ MEETING TOWN OF MARANA 9 MArtAN;, ; INFORMATION gkiZONP MEETING DATE: June 17, 2008 AGENDA ITEM: J.1 TO: MAYOR AND COUNCIL FROM: Erik Montague, Finance Director SUBJECT: PUBLIC HEARING. Resolution No. 2008-82: Relating to Budget; adoption of the fisca12008-2009 Final Budget DISCUSSION On May 20, 2008, Mayor and Council adopted a tentative budget for fiscal 2008-2009. In adopting the tentative budget, Mayor and Council established the upper spending limits for the Town for the fiscal year. Adoption of Resolution No. 2008-82, which requires a public hearing, is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to adopt a final budget that shall not exceed $211,500,515. Although Council may choose to reallocate funding among departments and/or programs/services, staff does not anticipate any reallocations from the tentative budget. Including position adjustments made during the current fiscal year, staffing has increased 5 positions from 362 positions to 367. Staff has also attached a summary copy of the budget as well as the official budget forms required by the State of Arizona's Auditor General's office as published for tonight's public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and deparhnent heads a bound budget document that provides more detailed information. ATTACHMENTS Fiscal Year 2009 Proposed Final Budget Summary; Auditor General Forms RECOMMENDATION Staff recommends adoption of Resolution No. 2008-82, adopting the final budget for fiscal year 2008-2009 at $211,500,515. SUGGESTED MOTION I move to adopt Resolution No. 2008-82. FY2009 Adoption of the Final Budget 06/10/2008; 12: 24 PM,• EM MARANA RESOLUTION N0.2008-82 RELATING TO BUDGET; ADOPTION OF THE FISCAL 2008-2009 FINAL BUDGET WHEREAS in accordance with the provisions of Title 42, Chapter 17, Articles 1- 5, Arizona Revised Statutes (A.R.S.), the Marana Town Council did, on May 20, 2008, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real .and personal property of the Town of Marana, and WHEREAS in accordance with said chapter of said title, and following due public notice, the Council met on June 17, 2008, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies, and WHEREAS it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 17, 2008, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates, and WHEREAS it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that that the said estimates of revenues and expenditures/expenses shown on the accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the Town of Marana for the fiscal year 2008-2009. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17a' day of June, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson APPROVED AS TO FORM: Frank Cassidy TOWN OF MARANA PROPOSED FINAL BUDGET FISCAL 2008-09 101 103 105 106 107 204 205 215 -242 General South Desert North Parks Tangerine Transport Revenues Fund Benefit Education Benefit Impact Road ID HELP Capital PAG/RTA Sales Tax Revenues 20,465,605 8,210,067 Property Taxes Other Agency Revenues 7,683,905 24,570,736 Licenses, Fees 8 Permds 3,166,685 380,408 12,000 360,000 571,000 Fines, forfeitures & penalties 695,145 Current Use Charges 513,728 Other Revenues 778,900 Lease Income 493,300 Investment Income 443,000 238,000 2,850 28,742 107,325 172,240 15,478 342,780 System. Development Fees 75,000 Total Revenues 34,315,268 618,408 14,850 388,742 878,325 172,240 15,478 8,552,847 24,570,736 Expenditures General Government Non-departmental Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Department Public Information Office Technology Services Courts Public Safety Police Building Safety Department Highways and Streets Operations & Maintenance Economic and Community Development Development Services Admin Planning Department Public Works Community Development Economic Development Office Culture and Recreation Parks and Recreation Health and Welfare Senior and Therapy Programs Enterprise Funds Water Airport Capital Outlay Debt Service Community Facilities Districts Total Expenditures Excess (deficiency) of revenues over expenditures Other Financing Sources (Uses) Transfers In Transfers Out Bonds Total Other Financing Sources/(Uses) Changes in Fund Balances Beginning Fund Balance* Ending Fund Balance 3,165,504 136, 685 1,794,695 217,308 366,668 1,586,553 672,686 695,584 880, 471 116,661 1,885,687 946, 501 9,717,641 1,584,147 3,739,004 75,000 294, 791 1,376,296 3.067,970 442,500 328,365 272,939 4,049,410 290,000 301,951 2,302,000 8,500,000 0 580,650 4,111,835 3,832,655 500,000 14,265,691 24,570,736 37,568,137 8,500,000 0 580,650 4,401,835 3,969,340 500,000 16,577,886 24,570,736 (3,252,869) (7,881,592) 14,850 (191,908) (3,723,510) (3,797,100) (484,522) (8,025,039) 0 (3,130,357) (2,881,699) 0 (3,130,357) 0 0 0 0 0 0 (2,881,699) 0 (6,383,226) (7,881,592) 14,850 (191,908) (3,723,510) (3,797,100) (484,522) (10,906,738) 0 22,212,636 8,744,781 215,662 958,712 3,727,977 4,479,793 484,522 16,896,938 0 15,829,410 863,189 230,512 766,804 4,467 682,693 0 5,990,200 0 6/9/2008 1 of 4 1:07 PM TOWN OF MARANA PROPOSED FINAL BUDGET FISCAL 2008-09 245 250 246 241 240 201 202 206 1/2 cent Pima County Other CFD Affordable Other Revenues Sales Tax Bonds Aaencv Capital HURF LTAF CDBG Housing Grants Sales Tax Revenues Property Taxes 83,709 Other Agency Revenues 3,470,000 10,784,400 2,311,533 18$460 300,000 500,000 Licenses, Fees & Permits Fines, forfeitures & penalties Current Use Charges Other Revenues Lease Income Investment Income 35,370 12,850 1,640 10,000 System Development Fees 3,750,000 Total Revenues 35,370 3,470,000 10,784,400 3,833,709 2,324,383 190,100 300,000 10,000 500,000 Expenditures General Government Non-departmental Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Department Public Information Office Technology Services Courts Public Safety Police Building Safety Department Highways and Streets Operations & Maintenance Economic and Community Development Development Services Admin Punning Department Public Works Community Development Economic Development Office Culture and Recreation Parks and Recreation Health and Welfare Senior and Therapy Programs Enterprise Funds Water Airport Capital Outlay Debt Service Community Facilities Districts Total Expenditures Excess (deficiency) of revenues over expenditures Other Financing Sources (Uses) Transfersln Transfers Out Bonds Total Other Financing Sources/(Uses) Changes in Fund Balances Beginning Fund Balance" Ending Fund Balance 2,835,575 134,750 300,000 218,000 5,000,000 3,470,000 22,634,400 550, 000 5,000,000 3,470,000 22,634,400 20,627,425 2,835,575 134,750 300,000 218,000 550,000 (4,964,630) 0 (11,850,000) (16,793,716) (511,192) 55,350 0 (208,000) (50,000) 19,725 50,000 11,850, 000 18, 200, 000 0 0 11,850,000 18,200,000 0 19,725. 0 0 50,000 (4,964,630) 0 0 1,406,284 (511,192) 75,075 0 (208,000) 0 4,964,630 0 0 0 1,627,723 281,516 21,032 208,162 0 0 0 0 1,406,284 1,116,531 356,591 21,032 162 0 6/9/2008 2 of 4 1:07 PM TOWN OF MARANA PROPOSED FINAL BUDGET FISCAL 2008-09 222 224 225 226 227 228 .230 Auto Local Revenues Rico HIDTA MANTIS Theft JCEF Fill-the-Gap Tech 97 Debt 03 Debt Sales Tax Revenues Property Taxes Other Agency Revenues 20,000 52,000 61,975 61,975 Licenses, Fees & PermRS 13,950 5,000 65,750 Fines, forfeitures 8 penalties Current Use Charges Other Revenues Lease Income Investment Income System Development Fees Total Revenues 20,000 52,000 81,975 81,975 13,950 5,000 85,750 0 0 Expenditures General Government Non-departmental Mayor and Council Town Clerk Town Manager Human Resources Finance and Accounting Legal Department Public Information Office Technology Services Courts 13,950 5,000 65,750 Public Safety Police 94,373 52,000 61,975 61,975 Building Safety Department Highways and Streets Operations ~ Maintenance Economic and Community Development Development Services Admin Planning Department Public Works Community Development Economic Development Offce Culture and Recreation Parks and Recreation Health and Welfare Senlor and Therapy Programs Enterprise Funds water Airport Capital Outlay Debt Service 399,010 1,378,830 Community Facilities Districts Total Expenditures 94,373 52,000 61,975 61,975 13,950 5,000 65,750 399,010 1,378,830 Excess (deficiency) of revenues over expenditures (74,373) 0 0 0 -0 0 0 (399,010) (1,378,830) Other Financing Sources (Uses) Transfers In 399,008 1,378,829 Transfers Out Bonds Total Other Financing Sources/(Uses) 0 0 0 0 0 0 0 399,008 1,378,829 Changes in Fund Balances (74,373) 0 0 0 0 0 0 (2) (1) Beginning Fund Balance" 74,373 83,559 0 18,455 38,884 21,752 113,101 1,985 1,508 Ending Fund Balance 0 83,559 0 16,455 38,884 21,752 113,1111 1,983 1,507 6/9/2008 3 of 4 1:07 PM TOWN OF MARANA PROPOSED FINAL BUDGET FISCAL 2008-09 Other Debt CFD .Water Airport Revenues 04 Debt 7FRID Service Debt Svc Fund Fund Total Sales Taz Revenues 28,675,672 Property Taxes 614,407 698,116 Other Agency Revenues 900,000 9,128,010 60,032,994 Licenses, Fees & Permits 861,400 5,436,193 Fines, forfeitures 8 penalties 695,145 Current Use Charges 2,114,731 2,850,000 240,000 5,718,459 Other Revenues 778,900 Lease Income 493,300 Investment Income 67,740 1,478,015 System Development Fees 3,825,000 Total Revenues 0 2,114,731 900,000 614,407 3,779,140 9,368,010 107,831,794 Expenditures General Government Non-departmental 5,646,884 Mayor and Council 217,308 Town Clerk 366,668 Town Manager 1,586,553 Human Resources 672,686 Finance and Accounting 695,584 Legal Department 880,471 Public Information Office 116,661 Technology Services 1,885,687 Courts 1,031, 201 Public Safety Police 9,987,964 Building Safety Department 1,584,147 Highways and Streets Operations & Maintenance 6,784,329 Economic and Community Development Development Services Admin 294,791 Planning Department 1,376,296 Public Works 3,510,470 Community Development 846,365 Economic Development Office 272,939 Culture and Recreation Parks and Recreation 4,339,410 Health and Welfare Senior and Therapy Programs 301,951 Enterprise Funds Water 2,969,641 2,969,641 Airport 336,030 336,030 Capital Outlay 38,630,000 10,682,243 139,080,210 Debt Service 637,975 2,114,731 1,047,747 5,578,293 Community Facilities Districts 610,551 21,137,976. Total Expenditures 637,975 2,114,731 1,047,747 510,551 41,599,641 11,018,273 211,500,515 Excess (deficiency) of revenues over expenditures (637,975) 0 (147,747) .103,856 (37,820,501) (1,650,263) (103,668,721) Other Financing Sources (Uses) Transfers In 637,975 0 2,881,699 880,235 6,247,471 Transfers Out (235,415) (6,247,471) Bonds 35,000,000 65,050,000 Total Other Financing Sources/(Uses) 637,975 0 2,881,699 0 34,764,585 880,235 65,050,000 Changes in Fund Balances 0 0 2,733,952 103,856 (3,055,916) (770,028) (38,618,721) Beginning Fund Balance* 2,950 0 0 210,581 1,820,000 (490,000) 66,719,232 Ending Fund Balance 2,950 0 2,733,952 314,437 (1,235,916) (1,260,028) 28,100,511 6/9/2008 4 of 4 1:07 PM in n a ~ ~ n v v ~n ~ W~ w o w r aD M M m ro m ro N r M ~ f~ OI P Yf O W~ Z C N ' M O m O C D t0 t0 N (70wo N ir.~ a m o r ~ n N ~ W X m X w w p p Q V N n A OOi ~ r O h v m m w w of v~ Q~~ M < ~ r N r r r O Z go .~ m ~; ~ o 0 0 , LL O N M r m O N Q O ~ h N p ~ h 001 m ~ N r w ~ M 'o a ,; a v " LL Z ~ O o M ~ m m vi M N ,,c` ,~- vi M N r V N V r M N z 0 C p • t .a-. / p Z N N r r Cmf ~ ~ Q' Z ~ tOD Ori O~f COO aOD @A W H N N N w7 m m N m Z p p N w z v U Z 2 p p o N ~' O O O O W W o ~ 0 O 0 O 0 O F Q U 11 o 0 0 Y f 0 K O wA N N ~ O M M M m N p p W W a N r r r o vOJ YOf A F Q=~~ W O aXo ~ e O N N r r r M ~ W ~ o N , m m h m ") m W Z~~ H M M t t ~ r r O W~Oa p p X F" w ~ o, 2, ~w°o W N ~ a W ~~ m E c ~ a ap y p w N o ~ Z m m ' rr vi m .r o r v o A M v 0 o °o O 0 °o O 0 r~ ' W F H ~ Q Z W LL N N N a N N N a OOf M CM9 r tM'f r V N m Q 7 -, «, .n f/1 W~ Qt 01 0 M I~ ~ O O ~ ~'~ < O YOf N ~ N n N N M G 7 W ~FNO e "1 M o ~ m ~~`-. ~ m ~ m ~ w ~ a a ro U 2 W N M N M i~ ~ "; M ~ h 1` ~ Q w ~ i~''. c a xw W p . p p W N M ~ OMi OM1 ~ O O r 0 W ~ ~ N N r N 0 N W F> W N ~ O l F W F fq m 0 (~ A W N m ~ M V a CD' V CD N ~q Yf m 0 O r N ~' a O N p j W . Q m K w W p p ~ ~ ~ =° ~ w a C Q 7 'O D 7 b) C ~ V IL h ~ N w C C LL li ~ O d c ~ p a ~ u; v v c ;, " ~ m v Z j W .a C > LL V i a y m f/1 > LL ; LL i w a E ~ Z LL 7 m OI ~ ~ C y OI ~ e• m J J a C 2 m d a a m a •- m p N C a C) h ~~ m 0 3 C m a m ~a ~ w w ~ c aOi a ~ a ~ a € ai a 9 m ~ ~ N N O Iti J O V F Yl U tG d I` W Op J O Of H G C ~ N Yf N O m If! IH N N d o d d m h i°n om ion o 0 N N N N N p p p n_ n n r= N N N h N N N N G aD m m m O N N N N N p N V! E 0 c e 0 u '~ 0 E ° c ~ r d ~ .+ D 0 C 7 E a x ~ 'v a - m ~ N C N ~ 0/ Q y ~ d « ~ C ~ O C °v~c~~~~ Z •O ? y w ~ ~ n o ~v'y•v axi.O+ ~• e e W K i7 x A~ N m i m E~ o 1=- N a DL y y > p o h m 0 7 0 W O Z •a D v Y7 D. m Q m J Q W X W r r ti .f Lei rd m O C d a s 00 s V1 0 N A d C E W m v ._ n m Z umi m ~ •6 m ~ N '~ C ay m C v •O am. O CI m ~ C w C O Ci N w N N w ~ ~` •d°_. •g a a v A e_ •~ a .d. A E m c u i ° e ~.D°i. ~« R N L ~ ~a,`o~ c ~ W C a E ~ ~ ~ Q a m c m C C '~ ~~a c 3 ~ ` ~ ,~ a v rn d m C •O N .- y a ¢ m Q d d o a~•u ~ Q ~ C O' o. 1° ~ C m m p CI .r3 Ems, c~ 7 ~ 9 LL O 'O m ~ C Q `~ N ~ N O as w O. c A d w ~ c y ~ O ~ d E ~ a a !~ y, u~ arty x v e ~ W A w ~ C 7 ? ~ O N tf V E ~ C C Q O " ~` ~` TOWN OF MARANA Summary of Tax Levy and Tax Rate Information Fiscal Year 2009 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) $ Zoos 2009 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) $ 3. Property tax levy amounts A. Primary property taxes B. Secondary property taxes C. Total property tax levy amounts 551,339 $ 551,339 698,116 $ 698,116 4. Property taxes collected* A. Primary property taxes (1) Current year's levy (2) Prior years' levies (3) Total primary property taxes B. Secondary property taxes (1) Current year's levy (2) Prior years' levies (3) Total secondary property taxes C. Total property taxes collected 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate (3) Total city/town tax rate See second page See second page B. Special assessment district tax rates. Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating two special assessment districts for which secondary property taxes are levied. See the following page for a breakout by district. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. 4/08 SCHEDULE B TOWN OF MARANA Summary of Tax Levy -and Tax Rate Information (Continued) Fiscal Year 2009 Special District and Secondary Rate Gladden. Farms Community Facilities District Vanderbilt Farms Community Facilties District 2008. 2009 $ 2.80 $ 2.80 0.30 0.30 SCHEDULE B TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2009 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2008 2008 2009 GENERAL FUND Local taxes Sales taxes Licenses and permits $ 19,098,627 $ 21,305,177 $ 20,465,605 Building and development fees 4,581,894 2,717,474 2,801,585 Business and license fees 98,100 112,495 112,750 Franchise fees 218,000 235,000 252,350 Intergovernmental State shared sales tax 2,721,756 2,481,205 2,496,844 Urban revenue sharing 3,763,935 3,761,183 3,989,771 Auto lieu 910,000 1,114,173 1,197,290 Charges for services Park and recreation fees 508,722 356,354 513,728 Other miscellaneous charges 27,500 Fines and forfeits Court fines and fees 654,275 686,439 695,145 Interest on investments Investment income 561,000 623,205 443,000 Miscellaneous Other miscellaneous income 728,728 283,203 853,900 Lease. income 493,300 990,444 493,300 Total General Fund $ 34,365,837 $ 34,666,352 $ 34,315,268 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 4 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2009 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2008 2008 2009 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway user revenue $ 2,244,207 $ 2,282,677 $ 2,324,383 Total Highway User Revenue Fund $ 2,244,207 $ 2,282,677 $ 2,324,383 Local Transportation Assistance Fund Local transportation assistance $ 139,711 $ 188,463 $ 190,100 Total Local Transportation Assistance Fund $ 139,711 $ 188,463 $ 190,100 MANTIS $ 61,975 $ 59,587 $ 61,975 HIDTA 52,000 24,824 52,000 Auto Theft 61,975 61,975 CDBG 275,000 730,135 300,000 Affordable Housing Revolving Fund 10,000 .7,352 10,000 Local JCEF 12,250 13,305 13,950 Local Technology Enhancement Fund 59,950 65,740 65,750 Fill the Gap 5,000 5,000 RICO 20,000 57,965 20,000 Other Grants 1,000,000 346 069 500,000 $ 1,558,150 $ 1,304,977 $ 1090,650 Total Special Revenue Funds $ 3,942,068 $ 3,776,117 $ 3,605,133 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 5 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2009 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES" REVENUES SOURCE OF REVENUES 2008 2008 2009 DEBT SERVICE FUNDS Tan Brine Farms Road Im rovement Dist. $ $ $ 2,114,731 Other Debt Service Funds 900,000 900,000 900,000 Gladden Farms CFD Debt 614,407 $ 900,000 $ 900,000 $ 3,629,138 Total Debt Service Funds $ 900,000 $ 900,000 $ 3629,138 CAPITAL PROJECTS FUNDS Transportation Fund $ 9,714,188 $ 7,930,150 $ 8,552,847 1/2 Cent Sales Tax Fund 145,521 103x450 35,370 .Impact Fee Funds 2,780,879 1,323,000 1,700,325 Other_Capital projects funds 41,123,540 19,456,700 38,840,614 Tangerine Farms Road Improvement Dist. $ 287,450 $ 439,214 $ 172,240 Investment Income 72,188 Gladden Farms CFD $ $ $ 73,729 Gladden Farms (Phase I~ CFD 253,000 Vanderbuilt Farms CFD 1,003,980 .Saguaro Springs CFD 2,503,000 Total Capital Projects Funds $ 54,123,766 $ 29,252,514 $ 53,135,105 "` Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 6 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2009 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2008 2008 2009 ENTERPRISE FUNDS Water Fund Charges for services $ 2,870,648 $ 2,495,267 $ 2,850,000 Water I m pact Fees 1,441,253 861,250 861,400 Interest 67,740 $ 4,311,901 $ 3,356,517 $ 3,779,140 Airport Fund User Fees Grants $ 143,658 $ 228,905 $ 240,000 9,309,341 4,512,387 9,128,010 $ 9,452,999 $ 4,741,292 $ 9,368,010 Total Enterprise Funds $ 13,764,900 $ 8,097,809 $ 13,147,150 "` Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. TOTAL ALL FUNDS $ 107.096,571 $ 76.692.792 $ 107 831 794 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 4/08 SCHEDULE C Page 7 of 10 TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and lnterfund Transfers Fiscal Year 2009 OTHER FINANCING 2009 FUND SOURCES <USES> GENERAL FUND Series 1997 Debt $ $ Series 2003 Debt Series 2004 Debt LTAF Other Grants Airport Total General .Fund $ $ SPECIAL REVENUE FUNDS LTAF $ $ Other Grants Total Special Revenue Funds $ $ DEBT SERVICE FUNDS Series 1997 Debt $ $ Series 2003 Debt Series 2004 Debt Other Debt Service INTERFUND TRANSFERS 2009 IN <OUT> $ $ 163,593 1,378,829 637,975 19,725 50,000 880,235- $ $ 3,130,357 $ 19,725 $ 50,000 $ 69,725 $ $ 399,008 $ _ 1,378,829 637,975 _ 2,881,699 Total Debt Service Funds $ $ $ 5,297,511 $ CAPITAL PROJECTS FUNDS Transportation fund $ $ $ $ 2,881,699 Other Agency 11,850,000 Gladden Farms CFD 3,100,000 Gladden Farms (Phase II) CFD 2,100,000 Vanderbuilt Farms CFD 3,000,000 Saguaro Springs CFD 10,000,000 Total Capital Projects Funds $ 30,050,000 $ $ $ 2,881,699 ENTERPRISE FUNDS Water Utility $ 35,000,000 $ $ $ 235,415 Airport 880,235 Total Enterprise Funds $ 35,000,000 $ $ 880,235 $ 235,415 TOTAL ALL FUNDS $ 65,050,000 $ $ 6,247,471 $ 6,247,471 4/08 SCHEDULE D TOWN OF MARANA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2009 ADOPTED EXPENDITUREI BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURESI ADJUSTMENTS EXPENDITURESI EXPENDITURESI EXPENSES APPROVED EXPENSES" EXPENSES FUNDIDEPARTMENT 2008 2008 2008 2009 GENERAL FUND Non-departmental $ 3,169,580 $ (15,000) $ 2,230,917 $ 3,165,504 Mayor and Council 189,608 100 167,697 217,308 Town Clerk 323,726 2500 294,567 366,668 Town Manager 1,195,759 7,576 1,135,532 1,586,553 Human Resources 722,492 (5,250) 560,169 672,686 Finance and Accounting 698,854 (53,500) 510,668 695,584 Legal 678,388 169,417 624,871 880,471 Public Information Office 123,998 73,240 116,661 Technolpgy Serivices 1,884,723 (39,050) 1,491,012 1,885,687 Courts 910,214 808,740 946,501 Police 9,179,231 58,730 8,493,139 9,717,641 Building Safety 1,600,515 100 1,152,543 1,584,147 Operations and Maintenance 2,420,258 (67,039) 2,402,359 3,739,004 Development Services Admin 255,319 (29,806) 235,578 294,791 Planning 1,304,748 2,000 1,250,303 1,376,296 Public Works 2,422,620 14,791 2,805,922 3,067,970 Community Development 429,841 (99,500j 183,449 328,365 Ecomonic Development 128,152 60,000 103,337 272,939 Parks and Recreation 3,730,214 (111,000) 3,070,904 4,351,361 Capital Outlay 3,849,000 217 000 2,745,050 2,302,000 Total General Fund $ 35,217,240 $ (321,931) $ 30,339,997 $ 37,568,137 SPECIAL REVENUE FUNDS HURF $ 2,334,575 $ $ 1,437,235 $ 2,835,575 LTAF 159,436 (4,961) 78,425 134,750 MANTIS 61,975 53,056 61,975 HIDTA 47,653 52,000 Auto Theft 61,975 61,975 CDBG 275s000 158,000 300,000 Afforable Housing Revolving Fd. 50,000 60,000 45,721 218,000 Local JCEF 12,250 13,950 Local Tech Enhancement Fund 59,950 65,750 Fill-the-Gap 5 000 5,000 RICO 108,602 67,900 94,373 Other Grants 1,100,000 177,401 550,000 Total Special Revenue Funds $ 4,276,416 $ 55039 $ 2L017,738 $ 4,393,348 DEBT SERVICE FUNDS Series 1997 Debt $ 404,450 $ $ 404,450 $ 399,010 Series 2003 Debt 1,375,500 1,375,500 1,378,830 Series 2004 Debt 641,500 641,500 637,975 Tangerine Farms ID Debt 2,114,731 CFD Debt 510,551 Other Debt 4,008,482 1,236,598 1,047,747 Total Debt Service Funds $ 6,429,932 $ $ 3,658,048 $ 6,088,844 CAPITAL PROJECTS FUNDS Transportation Fund $ 16,656,032 $ 145,792 $ 6,399,045 $ 16,577,886 1/2 Cent Sales Tax 5,000,000 5,000,000 Impact Fee Funds 10,242,000 120,000 2,305,470 13,482,485 HELP Loan Fund 7,000,000 6,500,000 Tangerine Farms ID 17 186,044 13,205,044 3,969,340 Other Capital Protects 52,223,540 19,456,700 51,175,136 Gladden Farms CFD 3,383,425 Gladden Farms (Phase II) CFD 2,297,000 Vanderbuilt Farms CFD 3,293,500 Sa uaro S rin s CFD 11,653,500 Total Capital Projects Funds $ 108,307,616 $ 265,792 $ 47,866,259 $ 110,832,272 ENTERPRISE FUNDS Water Operating $ 2,680,933 $ 1,000 $ 2,436,595 $ 2,969,641 Water Capital 42,649,000 1,480,236 38,630,000 Air ort O eratin 299,358 100 293,203 336,030 Airport Capital 9,964,676 3,754,236 10,682,243 Total Enterprise Funds $ 55,593,967 $ 1,100 $ 7,964,270 $ 52,617,914 TOTAL ALL FUNDS $ 209,825,171 $ $ 91,846,312 $ 211,500,515 `Includes actual expenditures/expenses recognized on the modified accrual or accrua l basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4108 SCHEDULE E TOWN OF MARANA Summary by Department of Expenditures/Expenses Fiscal Year 2009 ADOPTED EXPENDITURE/ BUDGETED EXPENSE ACTUAL BUDGETED EXPENDITURES/ ADJUSTMENTS EXPENDITURES/ EXPENDITURES/ EXPENSES APPROVED EXPENSES* EXPENSES DEPARTMENT/FUND 2008 2008 2008 2009 Non-departmental General Fund $ 3,169,580 $ (15,000) $ $ 3,165,504 Tangerine Farms ID 146,995 136,685 Transportation Ca~tal Projects 1,794,695 1,794,695 Other Grants 1,100,000 550,000 LTAF 94,725 Department Total $ 6,305,995 $ 15,000) $ $ 5,646,884 court General Fund $ 910,214 $ $ $ 946,501 Local JCEF 12,250 13,950 Fill-the-Gap 5,000 5,000 Local Tech Enhancement Fund 59,950 65,750 Department Total $ 987.414 $ $ $ 1,031,201 Operations and Maintenance General Fund $ 2,420,258 $ (67,039) $ $ 3,961,004 Transportation Capital Projects 75,000 HURF 1,234,575 2,685,575 LTAF 64711 134,750 Department Total $ 3,719,544 $ (67,039) $ $ 6,856.329 Public Works General Fund $ 2,422,620 $ 14,791 $ $ 3,067,970 Transportation Capital Projects 70,792 442,500 Department Total $ 2.422.620 $ 85.583 $ $ 3,510.470 Police General Fund $ 9,179,231 $ $ $ 9,717,641 RICO 108,602 94,373 HIDTA 47,653 52,000 MANTIS 61,975 61,975 Auto Theft 61,975 61,975 Department Total $ 9,459,436 $ $ $ 9,987,964 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 4/08 SCHEDULE F SOWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 Mni~aNA ; INFORMATION 'IHIZONp MEETING DATE: June 17, 2008 AGENDA ITEM: J. 2 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2008.13: Relating to Development; approving and authorizing a rezoning for Qwest Communications. DISCUSSION Planning Commission HearinE A public hearing for this case was held during the May 28, 2008 Planning Commission meeting. Two neighboring property owners came forward to address the Commission, one in support of the request and one in opposition. The Planning Commission voted 5-2 to recommend approval to the Mayor and Town Council with Commissioners Fogel and Winger dissenting. Summary of Application Qwest Communications and Lonny and Joan Catt request approval for a change in zoning on approximately 5.79 acres of land located at the northeast corner of Cortaro Farms Road and Hartman Lane within a portion of the northwest quarter of Section 25, Township 12 South, Range 12 East. Rezoning Request The rezoning area consists of two parcels, one currently owned by the Qwest Corporation and the other by Lonny and Joan Catt. The parcel currently owned by Qwest measures approximately 1.17 acres and the Catt parcel measures approximately 4.62 acres. The applicants propose a change of zoning for the 1.17 acre Qwest parcel from `R-36' (single family residential - minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial). Additionally, a change of zoning is proposed for the 4.62 acre parcel from Zone `C' (Large Lot Zone) to `NC' (Neighborhood Commercial) on the west 2.61 acres, and from Zone `C' to `R-36' on the east 2.01 acres of the parcel. The parcel currently owned by Qwest is the site of a Central Office facility. The Catt parcel contains an existing single-family residence owned by Mr. and Mrs. Catt. The purpose of the rezoning is to allow for the expansion of the existing Qwest facility by creating a new Service Operations Center (SOC). The new Service Operations Center will support Qwest network field engineering that consists of service technicians and management that serve the Town of Marana, as well as surrounding areas. At the request of the Planning Department, Qwest has proposed to rezone the parcel containing the existing facility in order to bring the use into a more suitable zoning district. The use was established prior to the Town annexing and developed under Pima County's jurisdiction. During the annexation, the property was assigned a comparable Town Qf Marana zoning pursuant to annexation laws. The primary intent of the R-36 zoning district is to accommodate single-family 061708 PCZ-07122 Qwest Communications TC residential uses. The existing Qwest facility is a low intensity commercial use. that provides management services and dispatch of service personnel to sites requiring repair and maintenance of Qwest's communication infrastructure. In order to establish zoning on the parcel that specifically entitles, and is consistent with the existing use, the applicant is requesting to rezone the parcel to NC (Neighborhood Commercial). Lonny and Joan Catt, the property owners of the 4.62 acre parcel to the north of the existing Qwest site, have agreed to convey approximately 2.61 acres of their parcel to Qwest to provide for the expansion of the service facility. The existing zoning of this parcel, Zone `C' -Large Lot Zone allows a variety of uses, including residential, commercial and quasi-public uses; however, it requires a minimum lot size of 25 acres. Currently, the parcel does not meet the minimum lot size of the Zone `C' district. By successfully rezoning the parcel and creating two lots via a final plat, this property would be brought into conformance with the Land Development Code. Marana General Plan The Future Development Plan within the Town of Marana General Plan designates the subject .property as Low-Density Residential (LDR) with a density range of 0.51-3.0 dwelling units per acre. This designation is characterized by single-family detached homes on relatively large lots. Commercial development and other community-serving uses may also be accommodated by this designation. Staff finds that the proposed rezoning is consistent with, and conforms to, the approved 2007 General Plan. Traffic Circulation Ingress /egress is provided to the existing Qwest facility via a driveway off of Hartman Lane located approximately 125 feet north of the .south property boundary. The main access is proposed to be relocated to the north approximately 90 feet in order to provide safer and more efficient access to the site. Should the proposed subdivision of the north parcel be approved, the west 2.61 acre parcel (proposed site of the new Qwest SOC) will be provided access from a single drive off of Hartman Lane. The driveway is proposed to align with Carriage Drive, which serves the Cortaro Ranch subdivision west of Hartman Lane. Physical access to the north parcel is currently provided via Freeman Lane; however, legal access is provided from Hartman Lane. The east 2.01 acre parcel (residence of Lonny and Joan Catt) will continue to be provided physical access via Freeman Lane; however, legal access must be established. It is staffs' understanding that the property owners currently served by Freeman Lane have agreed to enter into an access agreement to benefit all property owners utilizing this ingress / egress. A condition has been added to staffs' recommendation stipulating that permanent legal access must be provided to the remaining residential parcel owned by Lonny and Joan Catt. In the interim, Qwest has agreed to provide an access easement through its development area from Hartman Lane to the remaining residential parcel until such time as permanent access is provided. Pursuant to the Major Routes Right-of--Way Plan, as a condition of rezoning, the Town will require dedication of a minimum of 20 feet width of public right-of--way along the east side of Hartman Lane adjacent to the existing Qwest property (parcel 221-14-017F) for a total future Iii right-of--way of 90 feet. ~i 061708 PCZ-07122 Qwest Communications TC Infrastructure The proposed rezoning area is currently served by Tucson Electric Power, Town of Marana Water, and Pima County's regional public sewer system. The area is tributary to the Ina Road Wastewater Pollution Control Facility. Treatment and or conveyance capacity in the downstream public sewer system for new development is currently available. The proposed new development will access an existing 12-inch sewer line within Hartman Lane. Citizen Participation The applicant held a neighborhood meeting on April 16, 2008 at the DeGrazia Elementary School. Property owners in attendance expressed concern regarding potential traffic conflicts with existing traffic on Hartman Lane. The applicant explained that the traffic study performed by the project traffic engineer, Southwest Traffic Engineering, concluded that the increased traffic associated with this development will be minimal, and should not result in .any adverse traffic related conditions in the area. The Town of Marana Traffic Engineering Division concurs with this determination. Concern was also expressed about the aesthetic impact that both the existing site and the proposed site will have upon the neighborhood. The applicant offered to work collaboratively with the Cortaro Ranch Homeowner's Association, and has agreed to enhance the site design in order to address the Association's concerns. Additionally, the applicant attended a Board meeting of the Cortaro Ranch Homeowners' Association on May 13, 2008 at the Cadden Community Management Office in Tucson. The applicant provided a brief presentation to the Board and addressed pending concerns regarding the traffic and aesthetics of the project. A representative of Southwest Traffic Engineering was available to answer additional questions regarding resulting traffic conditions. The applicant explained that the new Qwest Service Operation Center would be subject to a Development Plan review by the Town of Marana, and that a full design review would be preformed and approved prior to any construction. An additional .concern was raised at the meeting with respect to the potential for decreased residential property values due to the proposed development. Qwest is currently seeking the services of a professional appraiser to formally evaluate any potential valuation impact on the nearby residences. As of the date of this report, one letter of opposition to the proposed rezoning has been received by the Planning Department, and has been attached to this report. Waiver Of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions of Rezoning and Waiver of Claims for Possible Diminution of Value Resulting from Town of Marana Ordinance No. 2008.13. Ordinance No. 2008.13. is not operative unless and until the applicant waives any potential compensation claims. 061708 PCZ-07122 Qwest Communications TC If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS Summary Application; Location Map; Site Analysis Report; letter of opposition. RECOMMENDATION The Planning Commission, at its public hearing on May 28, 2008, voted 5-2 for recommending approval of the rezoning to the Mayor and Town Council. Should the Council desire to approve the proposed rezoning request, staff recommends the following conditions: 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The owner/developer shall dedicate, or cause to have dedicated, the necessary right-of--way for Hartman Lane along the frontage of its .existing site, and other right-of--way as determined appropriate by the Town of Marana. Pursuant to the Major Routes Right-of--Way Plan, the Town will require dedication of minimum of 20 feet width of public right-of--way along the east side of Hartman Lane along the existing Qwest property (parcel 221-14-017F) for a total future right-of--way of 90 feet. All public rights-of--way on this project, including roadway dedications, waterline easements, public trail easements, public utility easements, etc. shall be dedicated by separate instrument within 90 days upon demand by the Town. 3. Prior to the dedication of right-of--way along Hartman Lane, the developer must have completed the removal of the existing underground fuel storage tank (UST) and perform any associated remediation work. Per the Town Attorney, removal, relocation and remediation is the responsibility of the applicant. The Town will not assume any expense or liability. 4. The applicant shall comply with any applicable laws and regulations concerning removal (closure) of underground tanks, including without limitation Arizona Revised Statutes, Section 49-1008, Arizona Administrative Code Title 18, Chapter 12 (and A.C.C. Section R18-12-271) and 40 Code of Federal Regulations Sections 280.70 through 280.74. 5. Permanent legal access must be provided to the remaining parcel owned by Lonny and Joan Catt (after the subdivision of parce1221-14-017G). 6. Qwest shall provide legal access from Hartman Lane to the remaining parcel owned by Lonny and Joan Catt (after the subdivision of parcel 221-14-017G) until such time as permanent legal access has been provided via Freeman Lane or elsewhere. If permanent legal access cannot be provided, Qwest shall provide permanent access via their project area. 7. No approval, permit or authorization by the Town of Marana .authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, 061708 PCZ-07122 Qwest Communications TC including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 8. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the Water Plans. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 11. The owner/developer will be required to fund, design, and construct all off-site and on-site sewers necessary to serve the rezoning area, in the manner specified at the time of review of the Development Plan, sewer construction plan, or request for building permit. 12. All cultural resource requirements must be successfully completed. 'The areas is the western portion of the property where deep disturbance is planned, (e.g. detention/retention basins, water, sewer, and storm drains, etc.) should be tested by a qualified archaeological consultant for presence of deposits related to the Dairy Site (AZ AA:12:285:[ASM]). Aplan for this testing must be approved by the Town's Cultural Resource Manager, and must be implemented before construction may proceed. If any human remains or funerary items are discovered during construction, or at any time, all work must stop in the area of the remains and contact must be made with Mr. John Madsen, Repatriation Coordinator, must be contacted immediately at (520) 621-4795, pursuant to A.R.S 41-865. 13. The Rezoning Site Analysis document maybe subject to minor grammatical and illustrative changes prior to submittal of additional plans to the Town. SUGGESTED MOTION I move to approve Ordinance No. 2008.13, a rezoning for Qwest Communications, with conditions. 061708 PCZ-07122 Qwest Communications TC MARANA ORDINANCE N0.2008.13 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR QWEST COMMUNICATIONS. WHEREAS, Qwest Communications and Lonny and Joan Catt are the property owners of approximately 5.79 acres of land located north of Cortaro Farms Road and east of Hartman Lane within a portion of the northwest quarter of Section 25, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on May 28, 2008, and at said meeting voted to recommend, by a vote of 5 to 2 (Commissioners Fogel and Winger dissenting), that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held June 17, 2008, and has 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 rezoning of approximately 5.79 acres of land as described below located north of Cortaro Farms Road and east of Hartman Lane complies with the Town of Marana General Plan. Section 2. 'The zoning of approximately 5.79 acres of land located north of Cortaro Farms Road, and east of Hartman Lane within a portion of the northwest quarter of Section 25, Township 12 South, Range 12 East (the "Rezoning Area"), is hereby changed from `R-36' (single family residential - minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial) on 1.17 acres, from Zone `C' (Large Lot Zone) to `NC' (Neighborhood Commercial) on 2.61 acres, and from Zone `C' to `R-36' on 2.01 acres. Section 3. This rezoning is 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): Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. {ooooxxxx.DOC i} Mauna Ordinance No. 2008.13 2. The owner /developer shall dedicate, or cause to have dedicated, the necessaryright-of--way for Hartman Lane along the frontage of its existing site, and other right-of--way as determined appropriate by the Town of Marana. Pursuant to the Major Routes Right-of--Way Plan, the Town will require dedication of minimum of twenty (20) feet width of public right-of--way along the east side of Hartman Lane along the existing Qwest property (parcel 221-14-017F) for a total future right-of--way of ninety (90) feet. All public rights-of--way on this project, including roadway dedications, waterline easements,. public trail easements, public utility easements, etc. shall be dedicated by separate instrument within 90 days upon demand by the Town. 3. Prior to the dedication ofright-of--way along Hartman Lane, the developer must have completed the removal of the existing underground fuel storage tank (UST) and perform any associated remediation work. Per the Town Attorney, removal, relocation and remediation is the responsibility of the applicant. The Town will not assume any expense or liability. 4. The applicant shall comply with any applicable laws and regulations concerning removal (closure) of underground tanks, including without limitation Arizona Revised Statutes, Section 49-1008, Arizona Administrative Code Title 18, Chapter 12 (and A.C.C. Section R18-12-271) and 40 Code of Federal Regulations Sections 280.70 through 280.74. 5. Permanent legal access must be provided to the remaining parcel owned by Lonny and Joan Catt (after the subdivision of parce1221-14-017G). 6. Qwest shall provide legal access from Hartman Lane to the remaining parcel owned by Lonny and Joan Catt (after the subdivision of parce1221-14-017G) until such time as permanent legal access has been provided via Freeman Lane or elsewhere. If permanent legal access cannot be provided, Qwest shall provide permanent access via their project area. 7. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action. necessary to assure compliance with applicable laws and regulations. 8. The property owner shall not cause any lot split of any kind without the vvritten consent of the Town of Marana. 9. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the Water Plans;. 10. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 11. The owner /developer will be required to fund, design, and construct all off-site and on-site sewers necessary to serve the rezoning area, in the manner specified at the time of review of the Development Plan, sewer construction plan, or request for building permit. 12. All cultural resource requirements must be successfully completed. The areas is the western portion of the property where deep disturbance is planned, (e.g. detention/re;tention basins, water, sewer, and storm drains, etc.) should be tested by a qualified archaeological consultant for presence of deposits related to the Dairy Site (AZ AA:12:285:[ASM]). Aplan for this testing must be approved by the Town's Cultural Resource Manager, and must be; implemented before construction may proceed. If any human remains or funerary items at•e discovered during construction, or at any time, all work must stop in the area of the remains and contact must be {ooooxxxx.noc i} Marana Ordinance No. 2008.13 made with Mr. John Madsen, Repatriation Coordinator, must be contacted immediately at (520) 621-4795, pursuant to A.R.S 41-865. 13. The Rezoning Site Analysis document maybe subject to minor grammatical and illustrative changes prior to submittal of additional plans to the Town. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §")19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. 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. 2008.13. Section 6. 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 17~' day of June, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {ooooxxxx.noc i} Maraca Ordinance No. 2008.13 EXHIBIT A VAUCNN LAND SURV~`ING 1NC. Jaq N. Vaughn, R.L.S. Shane Bateman, R:L.S. Brian D. Warren, L.S.i.T. 1707 E. Weber Drnre, Suife 2 7"empe, AZ 8528E 48Q-92f-f565 TEL 48Q-92f-1567 FAX May 21, 2008 Exhibit 1596-1 LOT 1 DESCRIPTION A portion of the "West Half of the North. Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 12 South, Range 12 East, of the Gila River Base and Meridian, Pima County, Axizana, described as follows; Comr-aencing at the West Quarter Garner of said Section 25, as shown in Book G0 of Surveys, Page 28, Pima County Recorder; Thence-North 00 degrees 37 minutes 21 seconds West, slang the West Line of tl3e Northwest Quarter o£ said Section 25, a distance of 329:86 feet, to the Southwest Comer of the North Half of the Southwest Quarter of the: Southwest Quarter of the Northwest Quarter of said Section 2S, frorri which the Northwest Garner of said Section 25 bears North 00 degrees 37 minutes 21 seconds Nest, a distance of 2309.Q5 feet; Thence North 89 degrees 40 nninutes 27 seconds East, along the South Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 50.00 feet, to the Point of Beginning; Thence North 00 degrees 37 minutes 21 seconds West, parallel with and 50.00 feet easterly of the -West Line of the North Half of tlYe Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 329.86 feet, to the North Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 2S; Thence North 89 degrees 40 minutes 39 seconds East, along the North Line of the North half of the Southwest Quarter of the Sauthvvest Quarter of the Northwest Quarter of said Section 25, a distance cif .344.75 -feet; Thence South 00 degrees 3fi minutes 36 seconds East, a distance of 329.84 feet, to the South Liize of the North 1=lalf of the Southwest Quarter of'the Southwest Quarter of the Northwest Quarter of said Section 25; Thence North 89 degrees 40 minutes 27 seconds West, along the South Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section. 2S, a distance pf 344.68 feet, to the Point of Beginning. ~~, ~~A Containing 113,703 square feet. ar 2.610 acres, snore or less. Subjece to easements, restrictions and right of ways of record. Page 1 of 3 VA~'CHN~G,~Nti S+tJRVi~"YIN~ lhrC ,lay N. Vaughn, R.L.S. Shane Bateman, R:L.S. Brian D. Warren, L.S.I.T. 1707 E. Weber Drive, Suite 2 Tempe, AZ 85281 480-921-1565 TEL 480-921-1.567 EAX May 21, 2008 Exhibit 1596-2 LOT 2 DESCRIPTION The East Half of the North Haif of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 25, Township 12 South, Range 12 East,. of the Gila River Base and Meridian, Pima County, Arizona, also described as follows: Commencing at the West Quarter Corner ofsaid-Section 2S, as shown in Book 60 of Surveys, Page 28, Pima County Recorder; Thence North 00 degrees 37 minutes 21 seconds West, along tl~e West Line of the Northwest Quarter of said Section 25, a distance of 329.86 feet, to the Southwest Garner of the North Half of the Sots#liwest Quarter of the Southwest Quarter of the Northwest Quarter ofsaid Section 25, frarn which the Northwest;Corner ofsaid Section 25 bears North 00 degrees 37 minutes 21 seconds West, a distance of 2309.fl5 -fee#; Thence North 89 degrees 40 minutes 27 seconds East, along the South Line of the North Half of the- Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 394.68 feet to-the Point of $eginning; Thence North 00 degrees 36 minutes 36 seconds West, a distance of329.84 feet, to the North Line of the Forth Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25; - Thence North 89 degrees 40 minutes 39 seconds East, along the North. Line of the North Half of :the .Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 264.75 feet, to the Northeast Garner of the North Half of the Southwest Quarter of the Southwest Quarter of -the Northwest Quarter ofsaid Section 25; Thence South 00 degrees 35 minutes 51 seconds East, along the- East Line ofthe North. Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 329.83 feet, to the Souflteast Corner of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of said Section 2S; Thence South 89 degrees 40 minutes 27 seconds East, along the Saudi Line of the North Half of the Southwest Quarter of the Southwest Quarter of the Northwest. Quarter. ofsaid Section 25, a distance of 264.68 feet, to fife Point of Beginning. ,~~0 t.AND S Containing 87,310 square feet or 2.004 acres, more ar less. ~~~~~~`'~~~~r~~o ~fia Subject to easements, restrictions and right ofways of record, ~ ia2,s ~ ,1t+~ t~. ~' 1(AUG/HNI~ ~~ Page 2 of 3 Y~UGNN L~N~ StlRl~>t"YING INC. Jay N, Vaughn, R,L.S. Shane Bateman, R.L.S. Brian D. Warren, L.S.I.T. 1707 E. Weber Drive, Suite 2 Tempe, AZ 85281 480-921-1565 TEL 48d-929-1567 FAX June 9, 2008 1596QWEST QWEST PARCEL DESCRIPTION A po3•tion of the South Half of t11e South Half of floe Southwest Quarter of the Northwest Quarter of Section 2S, Township 12 South, Range l 2 East, Crila and Salt River Base and Meridian, Pima County, Arizona, as following, described in Docket S 142, Page 244, Pima County Recorder; The South 330 feet of the West 230 feet of file South Half of the Southwest Quarter of file Southwest Qc3arter of file Northwest Quartos of Section 25, Township 12 South, Range 12 East, Gila and Salt River .Base and Meridian, lima County, Arizo3la, except the South 30 feet and except file West 30 feet. More particularly described as follows:. Commencing at the West Quarter Corder of said Sectio3125, as shown in Book GO of Surveys, Page 28, Pima County Recorder; Thence Nottl100 degrees 37 tllinutes 21 seconds West, along d1e West Line of the Northwest Quartel'of said Section 25, a distance of 329.86 feet, to the Northwest. Cooler of the South Half of the South Half of t11c Southwest Quarter of the Northwest Qi3arler of said. Section 2S, from which the Northwest Co3'ncr of said Section 25 bears No3~t1100 degrees 37 3ninutes 2 } seconds West, a distance of 2309.05 feet; 7'he3xce Nort1189 deg3'ces 40 minutes 27 seconds East, along the North Li~1e of the South Halfof the South Half of file Southwest Quarter of the l~lorthwest Quarter of said Section 25, a distance of 50.00 fc-et, to t}1e Point of Beginning; 'fllcnce, continuing North 89 degrees 40 minutes 27 seconds East, along the Nort}1 Line of the South Half of the South Half of the Southwest Quarter of the Na~•tllwest Quarter of said Section 25, a distance of 180.00 feet; '1'11e31ce Sot3t11 {)~ deg3'ees ~~ 3I11nutes 21 seCOllds East, parallel ~vitli and 230.00 feet easterly of t}1e West Line of't11e South .Half of the Soufll Ralf of the Soutllivest Quarter of the Northwest Quarter of said Section 25, a t}ista3lcc of 254.$5 feet, to fife Nortla Line of the South 75..00 feet of the Northwest Quarter of said Sectiai125; 'T'hence South 89 degrees 40 minutes 1 S seconds West, along the North Line of the South 75.00 feat of file Northwest Qua3•ter of said Section 25, a distance of 150.00 feet, to the East Line of the West 50.00 feet of the Northwest Quarter ofsaid- Section 25; Thence North 00 degrees 37 minutes 21 seconds West, ala3lg the East Line of the West 50.00 feet of the Northwest Qua3-ter of said Section 25, a distance of 254.86 feet, to the Point of Begin31i31g. Conta~313ng 45,$7.4 sg33are feet or 1.053 acres, more or less. SLibJeCt tQ eaSeme3llS, restrictions and right of ways of record. page 3 of 3 ,. Nt~RANA • "` 1 "~ »~,.,,~. TOWN OF MARANA Planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520}382-2600 Fax: (520}382-2639 PLANNING & ZONING APPLICATION __ -- - - -~ - - _ l . ''TYPE 4F APPLICAT[ON (Check Qne) , - _ ~- _° _- o Preliminary Plat o Final Plat ~ Development Plan o Landscape Plan o Native Plant Permit Punt Name of Apphcant/A~ent o General Plan Amendment o pecific Plan Amendment Rezone/Specific Plan o Significant Land Use Change o Minor Land Division o Variance o Conditional Use Permit o Other 2 GENERAL-DATA` RE U12ED?_- ---~ _ -=I Assessor's Parcel Number(s) ~? G ~~ ^ ~u ~~ General Plan Designation (To be confirmed b staff) (~T~CH~ {-10t1St tJ(r w Gross Area (Acre/Sq. Ft.) ~,~15 ~aG ~ fp Current Zoning (To be confirmed b sfaf~ C (~Q~ t.C~ ~~~ Development/ProjectNsme ~~~ ~ ~~L Proposed Zoning N C ~ j~, ~3(a Project Location ~C O ~ QD ~ Q. -~- ~ Description of Project V~I~J'T S.S-R ~1C Property Owner Wt~T Street Address ~O E• 1t~IUlA1J $~OOL ~t,U~R Z City State Zip Code Phone umber Fax Number -~35.346~ E-Mail Addt-e,~s_ S~„~ ~ ~ K--n ES PH©E~t tX A~ $5~1g ~Z-t~3cr st~4 ~ r.corn c Contact Person Klmgr/R~Y. ~~'W1cK SlrnltuR.ANA~~ST Phone Number ~Z ?j/~~1~3 -~ •~5~4 Applicant "~'p~ C~t.S SUt.'r~~lvr Street Address 7 -j ~ SU I~ Z~t(J City State Zip Code Phone Number Fax Number E-Mail ~~itdres PGI4R'tNKt6tt1~ 4'Ht~Nt~ A~ ~50t2 ~6Z•2"rt'~7.~ (a0Z-Z~~"~Zt?t TDb Go1JSV 1: G • Gb Contact Person PKI~ ~A~-r~Ri~t~r a~c~ Phone Number 2• a-~~• (~2~ Agent/Representative -t-~ ~ N S ~ ~-~-) e\1G Street Address ~"1 E ~t,bON J E• S U ~T~ 2-1 v City State Zip Code. Phone Number Fax Number E-Mail Address pr,A~~teHre pKOENi x A~ $5012 ~avZ Z-tZ•(o2U0 rvOZ' Z`Il-(~ZOt mG CoNS~I~Ttt~G.t,OM Contact Person IL Gf~R 1ZlCst-fT P~IC~ Town of Marana Business LicenseNo. ~-~- 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my lrnowledge and that I am either the wner to file this application and checklist. (If not owner of th b i i ri e o y n w t ne owner of the property or that I have been authorized itten authorization from the owner.) (~~ A.TC•~ ~ ~~~ ord, attach wr r-ec l ; ~ i t'°t>>~ ~ ~~ t~~~ ~ -~ - NnV t9, 2oy`t P /` b ~ -+ AIG J. GAR1KRt K ~t-tt ~T = . e SiEttature Dat ~:\SHARED FILES\Iteview CheckIist~Application.doc May 200 1 Qwest .Rezoning J ~ ~ J~ ~ < r - r l \ _ 1 ~ ~{ i j ' _ _ ~ _1 ~_ 1'~ ~a a - ~ ~~` ~. e ~~ Legend z J Z Q 2 Z I I ~ 1 O ~ Z ~ D _. o - - I ~ l ~-- - - i - ----------- - ~ W CORTARO F -- - ----- i ARMS RD a 1 , -- C-------- ~ w z ~ j °' i ~ , _ , _ ~ ~- ---W CALLE CAYEUS----- m ---- - - _ ~ \ J i Z~ f ~ a. ~ !~l`` % f l Z~ O 7 ~ E MAVERICK' ~' / -~--Railroad ---------- i ----W CALL 'Fie ~' ~ -C.A.P. Canal .p ~ -Washes -Major ~ -Streets -Major ,~ j ~ Parcels n i D Marana Airport fi~yG, ~---W CALLE PAINT--------------_, ~ ~ Marana Town Boundary Line f, s , ~ ~ ~ • ~ ~ Marana Town Limits L ~ ,\ ~ .\ ` 0 400 800 ft. ~ Scate: 1:7,000 Note: This map was generated from the Town of Marana's GIS Web mapping application MARGIS and is to be used for internal reference use only. GIS data is constantly changing so layers that appear on this map may or may not be accurate or current depending on the date and time this map was created. APR ~ ~ ~a08~~ i ~, April 21, 2008 Jennifer Mangiaiardi Public Works Dept 11555 W. Civic Center Dr. Marana, Az 85653-7003 Dear Ms. Mangialardi, I am writing to voice my sicere concern for the Marana City Council to NOT rezone the intersection of Hartman Rd. and Cortaro Farms for the use of Qwest repair trucks. This intersection is not designed for so .much commercial traffic and causes severe delays in the rush .hour traffic. Right now the lot is zoned for residential use and the idea #o rezone for Qwest to use this space as a neighborhood residential lot is a very inconsiderate idea for any houses in that area. Please have your planners research this road and note how it cannot support more truck use. Who should have the right for safety? 1 believe Qwest can afford to move this facility so the citizens and taxpayers in this area are safe and keep their property values. Do what's right for the people not the corporations please! Sincerely, ~ ~~ ~~ j ~.~~~ Elizabeth A. Healy • SITE ANALYSIS FoR QWEST REZONING FOR PARCELS 221-14-017F AND 221-14-017G LOCATED IN SEC 25-12-12 PROPOSED REZONING FROM ZONE R-36 (RESIDENTIAL) TO NC (NEIGHBORHOOD COMMERCIAL) AND FROM C (LARGE LOT ZONE) TO NC (NEIGHBORHOOD COMMERCIAL) AND R-36 (RESIDENTIAL) PREPARED FOR: QWEST CORPORATION 3460 EAST INDIAN SCHOOL ROAD PHOENIX, ARIZONA 85018 PREPARED BY: TURNER DESIGN GROUP LAND PLANNING 8c CIVIL ENGINEERING 2700 NORTH CENTRAL AVENUE SUITE 810 PHOENIX, ARIZONA, 85004 CONTRIBUTIONS BY: HALLOCK AND GROSS SOUTHWEST TRAFFIC ENGINEERS 517 WEST UNIVERSITY DRIVE 3838 N CENTRAL AVE., SUITE .181 O TEMPE, ARIZONA 85281 PHOENIX, ARIZONA, 85012 SUBMITTED TO: TOWN OF MARANA PLANNING AND ZONING DEPT. 11555 W. CIVIC CENTER DR. A2 MARANA, ARIZONA 85653 REZONING CASE NO: PCZ-07122. 1ST SUBMITTAL NOVEMBER 14, 2007 2ND SUBMITTAL: MARCH 7, 2008 Qwest Marana Facility TDG Project No. 0738.00 0 L u r C~ i n C r C L TABLE OF CONTENTS LIST OF EXHIBITS .........................................................................................ii LIST OF TABLES ........................................................................................ .. ii LIST OF VIEW POINTS ................................................................................ ii Part I. Inventory and Analysis A. Existing Land Uses ..........................................................:.................. . 1 B. Topography ................................................................. ................... 10 C. Hydrology ......................................................................................... 12 D. Vegetation ....................................................................................... 15 E. Wildlife ............................................................................................ 15 F. Viewsheds ........................................................................................ 16 G. Traffic .................................... ....................................................... 23 H. Recreation and Trails .. ............ .................... ............................... ... . . 25 I. Cultural /Archeological /Historic Resources ........................................... 25 J. McHarg Composite (Constraints) Map ............................. .................... 25 Part II Land Use Proposal A. Project Overview ................................................................. .......... 28 B. Development Plan ......................................................................... 31 C. Existing Land Uses ...................._ ...................................................... 31 D. Topography ............................. ....................... ....................... 34 E. Hydrology ..................... ............................................................. 34 F. Vegetation ...................................................................................... 35 G. Wildlife .......................................................................................... 36 H. Viewsheds .............................................................._ ....................... 39 I. Traffic ................................................................... ...................... 39 J. Public Utilities ............................................................................... 39 K. Public Services Impacts ..................................................................... 40 L. Recreation and Trails .... ................................................................. ... 40 M. Cultural, Archeological and Historical Resources .................................... 40 Qwest Marana Facility TDG Project No. 0738.00 u n u i~ ~I' CI u ii n LIST OF EXHIBITS Exhibit I: ALTA Survey and Minor Land Division ..................................... ... iii Exhibit I.A.1 Site Location .................................................................. 5 Exhibit I.A.2 Existing Land Use .............................................................. 6 Exhibit I.A.3a Zoning and. land Use Boundary ........................................ 7 Exhibit I.A.3b Existing Land Within '/4 Mile ............................................. 8 Exhibit I.A.4 WeIIs Within 100 feet of Property ....................................... 9 Exhibit I.B.1 Topography .................................................................. 11 Exhibit I.C.1 Local Drainage .............................................................. 14 Exhibit I.D.1 Vegetation Communities and Associations .......................... 17 Exhibit I.F.1 Photo Point Locations Map ................................................ 18 Exhibit I.G.1 Traffic ................................................................. ...... 24 Exhibit I.H.1 Recreation and Trails ......................... ............................ 26 Exhibit I.J.1 Composite Map ... ........................................................ 27 Exhibit II.C. Zoning and Land Use Boundaries ....................................... 31 Exhibit II.G Treatment Cross Sections .................................................. 38 LIST OF TABLES Table 1 C Peak Discharge Values .......................................................... 11 Table 1 G Existing. Roadway Inventory ................................................... 22 Table II.F Disposition of Significant Vegetation On Site ............................... 32 LIST OF VIEWPOINTS Viewpoint 1. West View from center of Parcel 221-14-07G ............................ 19 Viewpoint 2. West view from northwest corner of Parcel 221-14-07G .............. .19 Viewpoint 3. South view form Parcel 221-14-07G ....................................... 20 Viewpoint 4. North view form Parcel 221-14-07G ....................................... 20 Viewpoint 5. South view form Parcel 221-14-07G ....................................... 21 Viewpoint 6. East view form Parcel 221-14-07G ......................................... 21 Viewpoint 7. South view form Parcel 221-14-07F ....... ................................ 22 Viewpoint 8. West view form Parcel 221-14-07F ........................................ 22 Qwest Marana Facility TDG Project No. 0738.00 0 i n 0 0 ii I~~ ~I C'~ r 7 r PART I -INVENTORY AND ANALYSIS A. Existing Land Use 1. The proposed project is located within section 25T12S, R12E and is situated at the northeast corner of Cortaro Farms Road and Harman Lane Exhibit I.A.1. There are two parcels of land that will be rezoned. Parcel 221-14-017F, is currently the site of an existing Qwest facility consisting of 1.17 acres of land. This site is located at the northeast corner of Cortaro Farms Road and Harman Lane. The zoning for this existing facility is R-36, Single-family Residential Zoning District. The proposed zoning forthis parcel is NC, Neighborhood Commercial The second parcel of land is 221-14-07G, a 4.62 net acres parcel currently owned by Lonny and Joan Catt. This parcel will be split into two parcels. The easterly parcel which contains the existing home and detached garage will be 2.01 acres in size and retained by Mr. and Mrs. Catt. The westerly vacant. parcel .will be sold to Qwest to construct a Strategic Operations Center ("yard"). The new Qwest parcel will be 2.60 acres is size. The existing zoning on the parcel is zone C, Large Lot. The proposed zoning for the westerly (Qwest facility parcel) is NC, Neighborhood Commercial. The proposed zoning for the easterly parcel is R-36, Single-family Residential Town of Marana staff have indicated that the C, Large Lot Residential Zoning District is a carry over from when this property and nearby areas where annexed into the Town of Marana from then., Pima County, and the zoning designation had to be as commensurate as possible as what had existed in the County. This current zoning however permits only one residential, commercial, industrial, orquasi-public dwelling unit per 25 acres. According to the current General Plan the new Qwest Facility is located on land designated as (LDR) Low Density Residential. The General Plan also states in the section titled "Land Use", Commercial Development is allowed that serves the residential development with both pedestrian connectivity and automobile access. Since this is a facility that provides service to the community we are requesting a new zoning designation of NC, Neighborhood Commercial. The remaining parcel of land east of the new proposed Qwest facility (the remaining Catt property) is also located on land designated. as (LDR) Low Density Residential. This Page 1 ' Qwest Marana Facility TDG Project No. 0738.00 L r-, ~_~ ' designation is for relatively large lots where the retention of semi-rural, open character is desired. For this reason we are proposing a R-36 Residential zone, minimum 36,000 square ' foot lot size. The last component of the Rezoning application .involves re-designating the existing Qwest facility (located at the northeast corner of Hartman Lane and west Cortaro Farms Road) currently zoned as R-36, Residential Zoning District. This parcel is also designated as Low ' Density Residential in the General Plan. As stated above the. General Plan allows commercial development there for we are requesting a rezoning to NC, Neighborhood Commercial Zoning ' District. This will allow the existing Qwest #acility to go from the land status of a nonconforming use to that of a conforming use. 2. The current land use for parcel 221-14-017F is an existing Qwest facility. The existing building is located in the southerly portion of the parcel along Cortaro Farms. Road. This existing ' building is approximately 6140 square feet in size with surface parking along the westerly and northerly portions of the site. There is a fuel island located within the northwest corner of the site for the exclusive use of the Qwest service truck fleet. This existing fueling facility currently located within the proposed street right-of-way to be dedicated to the Town of Marana will be ' removed from the site and disposed of per ADEQ tank closure requirements. ' The current land use for parcel 221-14-017G is residential. There are two structures located in the easterly portion of the property along Freeman Lane. See Exhibit I.A.2 for existing land ' usage. ' 3. Property information within 0.25 miles of the subject site: a. Existing Zoning (Exhibit LA.3.a) ' NORTH: Areas enerall north of the sub~ect site are areas designated as Zone C, Large 9 Y J ' Lot Zone. This designation was given when these areas were .annexed into the Town of Marana. ' SOUTH: Areas generally south of the subject site (south of Cortaro Farms Road) are ' Page 2 Qwest Marana Facility O TDG Project No. 0738.00 ' wi hin Pim ount Jurisdiction and are desi Hated as SH Suburban Homestead. t aC y g This designation is typically for residential lots with a minimum size of 36,000 square feet in size (R-36). ' The areas south of the proposed new Qwest facility and east of the existing facility are zoned R-36 Residential (the existing sewer lift station) and R-144 ' residential EAST: Areas generally east of the subject site are designated as R-144, (Residential). This designation is typically for residential lots with a minimum size of 144,000 square feet or roughly 3 and 1/3 acres. WEST: Areas generally west of the subject site are areas designated as R-8, Residential Zoning. Districts. The right-of-way of Hartman Lane and then the Cortaro Ranch subdivision is also west of this project. b. Existing Land use (Exhibit LA.3.b) Located across Hartman Lane to the west is the Cortaro Ranch (R-8) a fully developed single residential subdivision. South of the site is Oshrin Park is Zoned SH (Suburban Homestead) a Single Family Residential subdivision located within. Pima County. These large lots typically contain a single family home with several outbuildings. Located to the southeast of the site is Willow Ridge Commons zoned R-6 a Single Family Residential Subdivision. This subdivision is currently platted however it appears that construction for streets and infrastructure has just recently started. Located to the east across Freeman ' Lane is zoned R-144, a single family subdivision. These parcels are approximately (5 to 10 acres each) with one single family residence and considerable unimproved open space between the homes. Located directly adjacent to the east and south boundary lines of the existing Qwest facility is a Pima County sewer lift station located on property zoned (R-36) ' and (R-144) Single Family Residential. Located to the north is zones C -Large Lot Residential. Currently there is only .one. single family home located in the property adjacent to the north property line. This home is located in the northeast corner of the parcel approximately 630 feet north of the north property line of the project site. Southeast of the site is the Desert Sun Community Church. Page 3 ' Qwest Marana Facili TDG Project No. 0738.00 ~ O c. Number of stories of existing structures: The majority of the surrounding residences to the north,. south, and east are single story homes. The residences to the west within the Cortaro Ranch subdivision are. a mix of single and two story homes. d. Pending Zoning: There are no pending zonings at this time. e. Conditional Rezoning: Currently, the only conditional rezoning able to be obtained from Pima County are Oshrin Park, Willow Ridge Commons and Cortaro Ranch (Ordinance 95.30). f. Subdivision /development plans approved: Subdivision or development plans approved through Pima .County are Oshrin Park, Cortaro Ranch and Willow Ridge Commons. (Ordinance 95.30) g. Architectural styles used in adjacent projects: The area contains a mixture of modern "southwestern" production housing and rambling 197O's to 198O's ranch style homes. The majority of the housing in this area has no common architectural theme. 4. There are no registered wells within 50 feet of the property. Exhibit I.A.4 Page 4 Qwest Marana Facility TDG Project No. 0738.00 m I M1A --rt-,o;,' EXHIBIT I.A.1 Site Location W~St '"' "`` CURRENT ZONING: C -LARGE LOT RESIDENTIAL & R36 KEY SITE LOCATION 1" = 2000 feet PROPOSED ZONING: NC & R36 Parcel Number: 221-14-017G & 221-14-017F 0 1000 2000 3000 4000 SAS T1 ~S R17F C;fL~RRR,M FT RD MARANA Paae 5 ~i u n ii 0 u u i 0 i~ i~ i~ n ii ii '~.l 0 1 ~I IJ n B. Topography 1. There are no hillside conservation areas on the site (Exhibit 1.B.1) a. The site is not located within a Hillside Conservation area b. There are no rock .outcrops on the site c. There are no slopes greater than 15% d. There are no predominate landmark features that could be classified as having a significant grade change that would preclude using normal construction techniques using native materials. In the construction of the proposed site and supporting infrastructure, large cubic yard quantities of excavation or of import fill material are neither required nor anticipated. 2. On average, as determined by taking the elevation difference in three areas (e.g. the middle, the eastern portion of the property and the western portion of the property) the parcel slopes generally from the northeast downward to the southwest at an approximately 4.1 % (calculated on a straight grade basis). Page 10 Qwest Marana Facility TDG Project No. 0738.00 ~I u fl n I~ CJI~ u r U i~ 0 u C. Hydrology 1. Local drainage patterns are shown on Exhibit 1.C.1, which includes topography. obtained from The GeoCommunity web site in a Digital Elevation Model (DEM) format. These USGS Digital Elevation Model (DEM) data files are digital representations of cartographic information in a raster form. DEMs consist of a sampled array. of elevations for a number of ground positions at regularly spaced intervals i.e. 10 meters for this project. Three offsite watersheds impact the site. Exhibit I.C.1 shows the off-site watershed boundaries and concentration points as 100, 200 and 300 and 2O0B respectively. All of the watersheds on Exhibit LC.1 are further detailed in Table 1 Tahle 1 C Peak Discharge Values Watershed Watershed Area Above Site Acres Q1OO enterin the site CFS 100 1.8 11 200 25.1 121 300 10.2 59 2. The parcels are bound by Hartman Lane to the west, open sparsely developed desert land to the north and east and Cortaro Farms Road to the south. There are no significant off-site features, natural or man-made affecting the watershed above the site. 3. Watershed 200 is 25.1 acres in size and the only water basin that will produce runoff in excess of 100 cfs during a 100-year event. 4. All runoff enters and traverses the site in a wide non-defined manner. Water from watershed 100 sheet flows onto the northwest corner of Parcel 221-14-O7G and continues southwesterly to the concrete ditch along the east side of Hartman Lane. Water from watershed 200 sheet flows onto the site near the northeast corner of Parcel 221-14-O7G and continues to sheet flow southwesterly to near the southwest corner of the property. From here water enters an earth lined ditch between properties 221-14-O7G and 221-14-O7H and flows west to the concrete ditch along the east side of Hartman Lane. a. Exhibit I.C.1 shows the inundated extent of the 100-year event for runoff greater than 50 cfs and 100 cfs. Runoff from watershed 200 is 121 cfs and would be characterized as Pa a 12 Qwest Marana Facility TDG Project No. 0738.00 O shallow sheet flow. Runoff from watershed 300 is 59 cfs and. would also be characterized as shallow sheet flow. J i 0 ii ii b. The average depth of sheet flooding from watershed 200 ranges from 0.56 feet to 0.90 feet with an average of 0.71 feet. The average depth of sheet flooding from watershed 300 ranges from 0.23 feet to 0.71 feet with an average of 0.44 feet. c. The Federal Emergency Management Agency (FEMA) publishes Flood Insurance. Rate Map (FIRM) information for communities that adhere to FEMA regulations. FIRM map number 04019C 1605K, dated February, 8 1999 indicates that the site is designated as Shaded Zone X. Zone X is defined by FEMA as follows: Areas of 0.2% annual chance flood,• areas of 1 % annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; areas protected by levees from 1 % annual. chance flood. d. Off site water entering the site from watersheds 200 and 300 are expected to exceed 50 cfs during a 1.00 year storm event. Basin 200 discharge onto the property is calculated to be 1.21 cfs. Drainage basin 300 discharge is expected to be 59 cfs. As part of the new Qwest facility this storm water will be intercepted by cut-off ditches that will channel the flow along the north, south and east boundaries of the project. Storm water will exit the site in the southwest corner and enter an existing concrete lined ditch that is located within the Hartman Lane right-of-way along the east side of the site. 5. Storm drain water sheet flowing from the properties to the east of the project and from the Qwest facilities area collected within a concrete v-ditch that extends along the east side of Hartman Lane. Water then flows within this ditch from north to south to a point approximately 200 feet north of the intersection of Cortaro Farms Road and Hartman Lane. At this point water sheet flows southwesterly across Hartman Lane to an inlet structure that discharges into an earth lined ditch located along the west side of Hartman Lane. Storm water continues in the ditch southerly and then westerly along the north side of Cortaro Farms Road. Qwest Marana Facility TDG Project No. 0738.00 Page 13 Project Location ^ ^ ^ ^ Watershed Boundary 100 Watershed Label 200 ~~ Concentration Point 50-100 cfs Floodplain > 100 cfs Floodplain f Flow Arrow KEY SITE LOCATION MARANA 0 125 250 375 500 FT Page 14 ~l D. Vegetation 1. The project area is located within the Arizona Upland Subdivision of the Sonoran Desert scrub biome. Vegetation in the project area is typically of the Paloverde-Cacti Mixed Scrub ' Series. Exhibit LD.1 2. There are currently no federally listed threatened or endangered species located within the project area. The site contains 10 significant cacti greater than 4 feet tall. The site also contains 20 Native Mesquites, 23 Ironwoods and 14 Palo Verdes dispersed across. This includes the existing Qwest facility the proposed new Qwest facility and the remaining parcel. t 3. Densit was determined throu h examination of the 2005 aerial hoto ra has well as field Y 9 P g P ' visits. Vegetation density across the site is low except around the existing single family resident where it would be considered high. The area where the new Qwest facility will be constructed ' contains several bare areas where the land has been used for motorcycle and ATV activities. The vegetation across the site is considered low to medium with areas of medium density. On the .proposed Qwest parcel 3 percent of the site would be considered medium density. 21 ' percent of the easterly property where the existing home will remain should be considered medium density. The existing Qwest .facility is nearly all covered with either buildings or ' pavement. ' E. Wildlife 1. A site specific Biological Evaluation was conducted by Robert B. Spicer Biologist. A copy of his report has been submitted under a separate cover. ' a. According to this report there are no state-listed threatened or endangered species present on this site. b. There are no high densities of a given species. on the site ' c. The site does not contain any aquatic or riparian ecosystems. 2. No .wildlife concerns were identified by our site-specific evaluation, therefore no map. was created. Page 15 Qwest Marana Facility TDG Project No. 0738.00 O F. Viewsheds For view looking onto and across the site from areas around the site please refer to Exhibit LF.1 for photo-point locations. The view to the north from .properties located to the south, south of Cortaro Farms Road will not be impacted as this view will not change due to the existing Qwest Facility. The view to the east from properties to the west will be slightly impacted from their .second floors. The view from the first floor is blocked by a screen wall along the rear property line located along the west right-of- way line for Hartman Lane. The view to the south from the property to the north will be .slightly impacted as this property is somewhat higher in elevation from the project. This. parcel is also covered with medium density vegetation and the existing home is located approximately 600 feet north of the north boundary line of the project. The view to the west from the property to the east will be slightly impacted as this property is somewhat higher in elevation from the project. This parcel is .also covered with medium density vegetation and the existing home is located approximately 400 feet east and northeast of the east boundary line of the remainder parcel Page 16 Qwest Marana Facility TDG Project No. 0738.00 u C u u fl 1 n u ii Viewpoint 2. West view. from northwest corner of Parcel 221-14-07G Page 19 Qwest Marana -Rezoning Turner Design Group, Inc. Project Number 0738.00 Viewpoint 4. North view form Parcel 221-14-07G Page 20 Qwest Marana -Rezoning TurnerDesign Group, Inc. Project Number 0738.00 ~~ Viewpoint 5. South view form Parce1221-14-07G +J, / ~ i ~'` ~~tla s ~ 4~ G:'i ~.. ,. ~r3 ~.., r.. Y .~_~ ~~ n~~~ ., , .r ~ ' '4l ~~ ~~ ~ ~ ~ t ~I;~ i .~ ~° ~~~ - `~9 ° *~ ',x ~ ~S" j ~! ~~~a ., ~ j, t i j ~ d r~ ~~ J ) +g ..: ~ ~ 1 .. ~ ,. , 4f. s . ~ a ~. Viewpoint 6. E ast view form Parcel 221-14-07G Page 21 Qwest Marana -Rezoning Turner Design Group, Inc. Project Number 0738.00 ~~. ~+. 1 iF .a rri~it 1 / x `~ ~r~ ~~. j~W+~ ~~`. !_ .}.~ ~ r., f ... ~ih~.. "~ .1, ~ Y. .~ ji1' ti p'PW~ ':-~i? y -. +~~~ Yk4.~~~ t _a*- _:~JVd Xl~.a Viewpoint 8. West view form Parcel 221-14-07F Page 22 Qwest Marana -Rezoning Turner Design Group, Inc: ProjectNumber 0738.00 Viewpoint 7. South view form Parcel 221-14-07F G. Traffic 1. Access to the proposed project will be provided at two points. The first point is located at Hartman Lane near the property line between parcels 221-14-017F, the existing Qwest facility and 221-14-017G the parcel to be split for the new Qwest facility and the remainder for the existing residence. This driveway will provide access for Qwest personnel to the existing and proposed facility for there personal vehicles. The second point is the primary access and is aligned with Carriage Drive. This access is for Qwest utility trucks that will enter and exit the secure parking area for the project. Access to the remaining Catt property to the east will be provided through Freeman Lane. 2. There is only one arterial street within one mile of the proposed site, Cortaro Farms Road. 3. There is one Urban Minor Arterial street within one mile of the site, Cortaro Farms Road. The following table lists detailed information for this street Table 1 G Existing Roadway Inventarv RTERIAL (a) EXISTING (a) PROPOSED (b) ROW = (d) ROW JOG (e) No. (e) (e) ROAD ROW WIDTH ROW MIN REQ. (c)JURISDITION R Lanes Peed. DT (FT) (FT) CONTINUOUS Limit Cortaro Farm 150 150 ES own of Marana Continuous EB 35 3332 Road and Pima County B 45 Page 23 Qwest Marana Facility TDG Project No. 0738.00 Z - --- -" ' - = i- g = _--- _ = z .=- _~ w ~ - - . = =- o T .-_. d .'_......__..z F PIMA COUNTY '9 ' H. Recreation and Trails ' There is one secondary trail located within one mile of the site. The secondary trail is the Joplin Lane/Cortaro Farms Road/Cortaro Road Trail. This trails starts at the Santa Cruz Trail on the ' west side of Interstate 10 and extends north and Northeast across the Interstate to a point northwest of the site The trail then turn east Refer to Exhibit I.H There is one recreation area within one mile of the site. This is the Sunset Pointe Detention recreation area. There is one proposed park the Cortaro/ Silverbell District Park to be located ' west of the site across Highway 10 along the Santa Cruz Wash. Refer to Exhibit LH.1 I. Cultural / archeological /Historic Resources ' 1. The results of an Archeological survey for the proposed Qwest site parcel. 221-14-017G was conducted by HRA, Inc Conservation Archaeology. There findings are presented in a report ' Dated October 2007 titled An Archaeological Survey for A Proposed Qwest Maintenance Facility Near Cortaro. Farms Road In Marana, Pima County, Arizona, prepared by Richard ' Ahlstrom. During this survey one archaeological site (AZ AA:12:1049 [ASM]) was discovered on the property. This site contains both prehistoric and historic-to-recent archeological artifacts and ' features. 2. The report as referenced above from HRA, Inc Conservation Archaeology was submitted under a separate cover. J. McHarg Composite (Constraints) Map Refer to Exhibit I.J to view the characteristics of the site. K. Phase I Environmental Site Assessment A Phase I Environmental Assessment was conducted for this site by Applied EviroSolutions, Inc. There findings and conclusion are documented in a report dated October 2007 which has been submitted under a separate cover. In summary there report did not identify and significant environmental conditions at the time of there inspection. They did however identify five 55-gallon drums of unknown content and two trailer mounted tar kettles that should be considered minor environmental conditions that warrant further action. Since the drums and kettles are not labeled they will. be tested and then removed from the site in accordance with ADEQ regulations for disposal Page 25 Qwest Marana Facility TDG Project No. 0738.00 O I~ u J J i 0 ~I u r 0 ~I L n 0 ' PART IL LAND USE PROPOSAL A. Project Overview Town of Marana staff have indicated that the C, Large Lot Residential (northerly portion of the project the Catt property annexed on June 18, 1990) and R-36 Residential zoning (the .existing. Qwest Facility annexed in March 2004) is a carry over from when this property and nearby areas where annexed into the Town of Marana from then, Pima County, and. the zoning ' designation had to be as commensurate as possible as what had existed in the County. This current zoning C (Large Lot Residential) however permits only one residential, commercial, ' industrial, orquasi-public dwelling unit per 25 acres. The R-36 Residential zoning permits one residence on a minimum 36,000 square .foot lot. This proposed rezoning is proposed to ' establish conformance and eliminate any inconsistencies between zoning and existing use. ' This proposed project is to rezone the west portion of parcel 221-14-017G (2.610 acres or 113,703 square feet) currently zoned C, Large Lot Zoning District to NC Neighborhood ' Commercial. The General Plan for this parcel is Low Density Residential. The General Plan however states that a commercial use is permitted that services residential development. The easterly portion of parcel 221-14-017G (2.004 acres or 87,310 square feet) currently ' zoned C, Large Lot Zoning District will be rezoned to R-36, (Residential). The. General Plan for this new parcel is also Low Density Residential. The proposed. R-36 Residential zoning is commensurate with the General Plan Designation. ' The existing Qwest facility Parcel 221-14-017F (1.175 acres or 51,165 square feet) currently R-36, (Residential) will also be rezoned to NC Neighborhood Commercial The General Plan for ' this parcel is Low Density Residential. As stated above the General Plan allows a commercial use that services residential development in this designation. Since this site is currently functioning as a commercial facility this rezoning will establish conformance and eliminate any ' inconsistencies between the zoning and the existing use. i~ Page 28 Qwest Marana Facility TDG Project No. 0738.00 O The new proposed Qwest Service Facility or Strategic Operations Center (yard) is a 2.610 ' acre portion of a parent parcel that is 4.615 acres in size. The existing parent parcel is identified by the Pima County Assessor as parcel number 221-14-017G which has an existing residence upon it, generally located in the eastern portion of the parent parcel. The residential structure is occupied and has an address of 8451 North Freeman Lane. Access to the residential structure is from North Freeman Lane, which runs north to south connecting to West Cortaro Farms ' Road. ' The proposed Qwest facility will .front onto Hartman Lane and is located approximately a little more than 300-feet north. of the northeast corner of West Cortaro Farms Road and Hartman Lane. The Rezoning portion of this proposal involves changing a 2.610 acre portion of the existing 4.615 acre parent parcel, fronting onto Hartman Lane from the existing Zone C, Large Zone to that of a NC, (Neighborhood Commercial) and designating the remaining 2.004 acre ' portion of the site (with the existing residence) as a R-36, (Residential). ' The proposed new Qwest Service Facility will be is a Strategic Operations Center ("yard") that will consist of two parking lots with 133 parking spaces for personal and. professional vehicles. ' It is expected that 40 to 60 persons will operate periodically from this facility each day. Qwest employee will enter the facility from the southerly driveway to park there personal vehicles in the unsecured parking lot. Personnel will enter the building to receive there work assignments for ' the day and leave the building to enter the secured vehicle parking where there service trucks are parked. A small. covered storage area is proposed to provide wire and small items used in ' the installation and repair of facilities serviced by Qwest. In order to minimize impacts to the neighboring residential homes, all of the activities related to service trucks (i.e. loading and ' unloading) will be screened from view by a concrete block wall. See Exhibit III Tentative Development Plan. The proposed new building will only serve as a central location for Qwest employees to pick up work orders associated with the maintenance and improvement of the Qwest telecommunications network throughout the surrounding Pima County area. It is not intended to serve and a maintenance facility for the fleet vehicles. Fleet service such as oil changes, ' lubrication, and repairs will be performed off-site at another Qwest facility. This facility has been strategically located near Highway 10 to serve the northern portion of Pima County and the ' surrounding Town of Marana. ' Page 29 Qwest Marana Facility TDG Project No. 0738.00 O J ~' 0 i, 0 0 n ~~I fl The existing Qwest facility located at the northeast corner of Cortaro Farms Road and Hartman Lane will remain in operation. The existing access to this site will be relocated to the north and be shared with the new facility for employee owned vehicles. The existing fuel island and fuel tanks will be removed from the new right-of-way dedication. The proposed improvements for the new Qwest facility are. intended to be "at grade". Cuts .and fills will encompass most of the project area and are intended to ensure positive drainage to directed storm water away from the new structure and within the parking lots. The topography on the southerly (existing Qwest Facility) will not be altered. Existing vegetation within the project area that is in good condition, will be salvaged and reused in the proposed landscaping. The Town of Marana staff have indicated that the Zone C -Large Lot Zoning vvas assigned to the 4.62 acre parcel owned by Lonne & Joan Catt, during the annexation process which took place in June of 1990. The 1.17 acre parcel comprising the existing Qwest site was assigned a zoning of R-36, which was most equivalent to the existing County zoning as the time of annexation in March 2004. According to the current General Plan the new Qwest Facility is located on land designated as (LDR) Low Density Residential. The General Plan also states in the section titled "Land Use", Commercial Development is allowed that serves the. residential development with both pedestrian connectivity and automobile access. Since this is a facility that provides service to the community we are requesting a new zoning designation of NC, Neighborhood Commercial. The remaining parcel of land east of the new. proposed Qwest facility (the remaining Catt property) is also located on land designated as (LDR) Low Density Residential. This designation is for relatively large lots where the retention of semi-rural, open character is desired. For this reason we are proposing a R-36 Residential, minimum 36,000 square foot lot size. The last component of the Rezoning application .involves re-designating the existing Qwest facility (located at the northeast corner of Hartman Lane and West Cortaro Farms Road) currently zoned as R-36, Residential Zoning District. This parcel is also designated as Low Density Residential in the General Plan. As stated above the General Plan allows commercial development there for we are requesting a rezoning to NC, Neighborhood Commercial Zoning District. This will allow the existing Qwest facility to go from the land status of a nonconforming Pa a 30 Qwest Marana Facility TDG Project No. 0738.00 use to that of a conforming use. ' This project will comply with the Town of Marana Design Standards as defined in Section 08.07 of the Town of Marana Development Code. B. Development Plan Refer to Exhibit II.A TDP for the proposed layout of the site. C. Existing Land Uses ' 1. Exhibit ILC de icts the zonin boundaries and existin land uses ad'acent to the site. Areas p 9 9 1 generally north of the subject site are areas designated as Zone C, Large Lot Zone. This ' zoning was applied when this property was annexed into the Town of Marana. The area north of the site is also presently undeveloped desert land with no noticeable improvements. The area ' generally south of the subject site (south of Cortaro Farms Road) is within Pima County and is designated as SH Suburban Homestead. This zoning is typically for residential lots with. a ' minimum size of 36,.000 square feet, in size. Areas generally east of the subject site are zoned as R-144, Single Family Residential. This zoning is typically for residential lots with a minimum ' size of 144,000 square feet or roughly 3 and 1/3 acres. The area east and within the site has an existing and occupied .residential structure which is a part of this application process and areas ' outside and east of the site are generally undeveloped desert land with no real improvements, except to note that southeast of the site is the Desert Son Community Church. Areas generally west of the subject site are zoned as R-8, Single Family Residential. The right-of-way for ' Hartman Lane and the Cortaro Ranch subdivision is also west of this project. ' 2. The proposed rezoning site Parcel 221-14-O17F is currently a Qwest facility therefore, the existing land uses off site will not be further impacted. The northerly parcel 221-14-O17G where ' the new facility is proposed is currently vacant. The easterly portion.( 2.01 acres) will remain as a single family residence. The existing land uses off site will be impacted, however,. the development will minimize #his impact on the view sheds of the existing housing on the western most portion of the proposed site by using a landscape buffer along Hartman Lane and a decorative block wall along the west side of the secured parking lot facing Hartman Lane. Page 31 ' Qwest Marana Facility TDG Project No. 0738.00 O EXHIBIT II A -DEVELOPMENT PLAN Page 32 Qwest Marana Facility TDG Project No. 0738.00 O b ~ ,~j A ~ G W N '~~ O b ~ V o, U A W N .v0 b lb V ~. 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DALLAS PATRICK BR ANNON P.I.N. 227-14-0760 ZONE R-144 (SINGLE FAMILY RESIDENTIAL) ,~ ~ DESERT SCN COMMUNITI' ~' °o CHURCH OF TUCSCN ARIZONA (_j P.LN. 221-14-018A - `jb3 ZONE R-144 (SINGLE FAMILY RESIDENTL4L) ~ _{--L__ ' ~ ir'Xn ,j ~ ti a '~ N n o ^ o - ', fJ a ~~ ~ - iii 1 0 Ln ~ W = ~ ~, ~~\ DEVELOPMENT PLAN ~ -- -.._ __-_ _ ._ ~-~ m o ~z I°= A A<ml.:~\\\ 8426 NORTH HARTMANLANE ~ _ - - - - ~ ~ A PORTION OF THE NORTIIWEST QiJARTER OF SECTION 25, ±~ _ _ _ _ o ~- `'' ~ m~ ~o e `" }~~ T]2S, R12E OF THE GILA AND SALT RIVER BASE AND h, ~ Q o ro ~ ~-° w -- - ---~ I ~, - ~>n ~~~/~1 MERIDIAN, MARANA, PIMA COUNTY, ARIZONA ~ _ __ _ _ ~' \~ I~.~~ %~ -- -- ??00 No 1h Ce l a/ 4v u S to &7C ~' ~~ QWEST MARANA FACILITY ~ - ~ 'r 4 ass"°' _ -- i0 DAiE tINli REVISpNS PPWD DATE ~~~~~' Tel' (FOZJ i-6/00 F (Cr0'.~ ~'?-n%/1 ~~~ 0 ti ~ gci ~_~ ati~ a~x A O~~ g~~ a 0 0 0 ~ n 2 m ~ n A II ~ O III O_ A b g,0 n~ V ~,~°m 0 0 00 0 00 000000000 Om ° ~ Lnv 0°~ ~~ a~ n~L C~ n~ ti a2 2 ~n~ ~ ~ h~ ~ ~ ~ ~( ~~ 2^ni Via; kg ^bia Asa a o a~ nQ~ ~ ~~ m a a~ 2 0 ~a`~~ ng ~ ~~~ ~2° _xc ao a o ao ~o ro ~cY.,n ^°;o Z o T~ ° o ~~io Q a^~ Z anti nm\ n~ ~~ O~^~i ~^"i ~ \^~i m~ 2y p m 2~ i ~ `~~~ _ ~ ~ o x° mo 0 0 0 ~ E~ x ° no a ° ono ~ a`~ ~ oho A~~ oo r°,,~ amg ~`"• `" v`" va ~ ~`"• 'a o ^°'- a ~ y~m fn € m `~a~ a~~ c„n ~,~ x~ ~^~ ^~ ~C 2a A x ~ nx ti p~2 _~ ~;g Y°~ g T$ m~ ti~ ~ ~~ °~ V g ~ ~~ e tiA~ ~ ~ a ~ O O~ OO ° u © O O° lJ O ~ ~ ~ '~ ~ ~ my ~ ~ g~~ cy ag ~A~ ~~ m ~ ~d o a y~ ~. ~yoo va ry no ~~ a ~ ^ ~ 2 w a ~.. m ~~ tioa °Q y ~. v, O ° ~ ~ m ~ ~ '~ a ~~ ~~ °i a~ gx a ti ~ ~ g ~ ~ ° ~ o~ ~ ~m °~~ i o N ~ ~ Mm ~ ~~ c ~ `~ ~ m m = ~ m . DEVELOPMENT PLAN -- m o ~z ~_ - ~ "` "("`° 8426 NORTH HARTMAIV LANE ~' ~ ~ =~,Ae A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, ~ ~. _ , ~ o ~ mz " ° T12S, R12E OF THE GILA AND SALT RIVER BASE AND O 0 0 ° ~ ~~ ~ A°' °% MERIDIAN, MARANA, PIMA COUNTY, ARIZONA _ _ I J, i 27°0 North Cenbal Avenue, Sui(e 87° °' ~ QWEST MARANA FACILITY °h°e"ix. Anz°"° 85°°' 0. OAiE INii. REVISIONS ?PPV'0 ~AiE ~ T l: ~6°2J 277-62°0 f°X.' ~602~ 27i-oZOI I .. _ ~ ___- HARTMAN LANE ~~, s I ~~s~ ~~ `~> ~ ~ I m _ . y ~ - _.. 1, ,~ ~~ v~~ __ ~~~ ~~ o, ~ 2169 -_. ~„ ; ~ ~ $ $ ~~ ~_ =n y 9~ ~ v 's 2768- -~ ~ ~ II ~ 1 \~~ p 7 ~. ._ ~ ~ NOOJT2!"W 2767 ~ 4 L`LV I _ _ -- 2767_ _ _ /`' -c- I " ~.,~ s.~ o ~ os 2168 -~!'~cs I c s 9. 2769 s .. I .c, ___.~ ____ 4190____ -- __-r-.,` .~ I ,~ I ~ .99R ~ 2177 ~_- " ti I s~ - F~c zss LgLp~L 9'~ 4oaF qj ._.. :.-i ~~ /I > ~~: ~ i III ~ o ~, ~,~~ I.-._ I ~, .. o i ~ I is ~m ~,.~~ .~~..' ~ `~°~~ ati~° i ~ I ~ ~ IH ti~ zaoR ~ c ~a$e~8, azoR I ~ ~ p m ~g~I I_ ~~ I j ~~~ ~ ~ ~` ? N ~ I I .y4. \'>1--. `L\ \ql tiL~ q~l ~ tiL~ `~1 ~ ' - i ~ ~ ~ ~ o ~~`~ I - I~,, I ~ ~~tiL yL~titiL ~`Q~'L~ _- ~~<4L ~v~ ,.. ~~~$ ~ 1-. , `I zoos '-vw~~, _ .. oa I til .~ vo ~.~~~ I I-- c `3 I ~ ~-I rn resR _ a ~ ~. . _.. T "' ~ I - » • ~~ o I I ~9~ C ~ I '~~ I ' ~~s \ i+ \ / ~ , - I -___.___-__ !f0 _ggl__ae7R___I ~~'.. ~dtR~ i \q~~;v - %?so I i+ ~?\ lc 050,1 ~~ OSORt~`~ji ~~ \~ .. -; -'~ I. ! I . i+~~ c~~~ QCs /~ 1'~~G~L\ ~~ ~H ~ _/~'~~~~ a H t ig.2~ <aN~ ~q~~ ~=0~ Z g O_- N al A I ^I a 8 4 q\°. \ q r''\ 2P' Iw OL~\ L O ~0 V \ b v / b I° ... 0 ~0 ~. IW b ~. pp.gq b. Np Vf vPp p . oo'a ~~ e~a i•«~ °V $ ~ ~ ti b ~n 2 ~ ~' o ', ~ O ~ ~ N O ~° o Q ~ .. , ~,:~ g~~ g ~; o ~ - v - 112 RETAINING WALL a n I a ,. ~ .~ ? m m ; N DEVELUPMEN"I "PLAN m = ` "'°'`° 8426 NORTH HARTMANLA.NE ~ ~ ~" -- - A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, ~ ° ~ ~ ~ ~' A ~~ w ~ T12S, R12E OF T1iE GILA AND SALT RIVER BASE AND o m I ~~ m , MERIDIAN, MARANA, PIMA COUNTY, ARIZONA m `"' QWEST MARANA FACILITY ~,~ ~_~ j N R~ A ^.'_ op ~I~ ti ~~a rn ~o i~ N i Z n~ Z 0 ~ 1O lam' V ~ ,J 0 ~~ (~ O n O J O'~ m Oh aH v~ h ~ }n ^2i ^2i ~ r2`1 "2i ~ Z ~~ n^ ~~ ~F v F 2~ ~ ~ a o ~ °j Nf 2h ~a F°; m ~ n„iy . n 2 b o~° i0 ~~ ~~ ~m ~ ~ g ~~ a ~~ ~ ~ ~ O " ' c a ~ A ~ ~ ~ ~ n ~ ~ Z $ ~ ~ ^~ ~ m a ~ o ~ ~ Fn m i / `\ ~ ~ ~ ! - ~ 2700 North Centrol Avenue, Suite 8!0 \ ~ Phoenix, Arirono 85004 REVISIONS APPV'D DATE ~ ~.__ __,/~ T l: (602J 277-6200 Fax: (602f 277-620] g o a 2 n p ~m °m o g~ ~ Z o~ m~ '~ m oy ~~ ~~ a~ "`~^ ~~ " ~ ~ ~ ^ ~g z~ ~ ~ o~ ~ a ~ A ~ ~ ~ A Z N 2`' ~ ~d ~a ~ i ~ n~ '~ ~ O Q C ~ n 'N ~ Y "~~ ~ ^~~ ~~ ~ a ~ ti ^t~ ~~ ~ ti ~ ~ ~ ~ O C "'I b g~ ~ ~ ~ ?~ n a = ~ O z o O ~ K'i ~ m~ n m 2 R , ry~y ~{ m ~ Z ~ ~ <~ ~ a o ~, o ~ s ~ m N m ~ ~m DEVELOPMENT PLAN ~--- , ~" = z _ ~ „!"`° 8426 NORTH HARTMANLANE . ~ ~ ~ ~ ~ ~' - - "'" _ ~ A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, °1 ~ oo ~o A=~ ~ ~ T125, R12E OF THE GILA AND SALT RIVER BASE AND _ i Q ~ ~° ~ m ~> `° ~ ~r m ~ ' ' ' MERIDIAN, MARANA, PIMA COUNTY, ARIZONA _ °' ~' g 8 I!•!0 QWEST MARANA FACILITY i 2700 PhoenixenA rzonae085004Ye 810 ~ 0 DAZE INii. ftEN510N5 APPlD DA,E ~~_,~~ T, (602) 277.6200 Fax: (602) 277-6207 i~ 7 i 0 u C ii n u D. Topography 1. The Tentative Development Plan is in harmony with the existing terrain and the Land Development Code. There are no predominate landmarks features on the northerly property that could be classified as having significant grade change that would preclude normal construction techniques using native materials. Proposed improvements are intended to be "at grade". Cuts and fills will only be used to ensure positive drainage to directed storm water away from the new structure and within the parking lots. The topography on the southerly (existing Qwest Facility) will not be altered. 2. There are no areas on this site either existing or proposed that exceed a 15 percent slope. 3. The new average cross-slope values for the project will range between 1 and 5%. At this time it is not perceived that. any allowances will be required under Title 19 of the Town of Marana Land Development code. By inspection of the TDP as presented herein, the site where the new facility will be located is located within an area of very little vegetation. It is our understanding that this area has been used by motorcycles and atv's as a practice area. Therefore the vegetation has been considerable disturbed. The easterly portion of Parcel 221-14-017G where the existing home and the more dense vegetation is located will not be disturbed. Parcel 221-14-017F where the existing Qwest facility is located will not be altered. E. Hydrology 1. Off site water entering the new Qwest facility from watersheds 100, 200 and 300 will be intercepted by cut-off ditches that will channel the flow along the north, south and east boundaries of the project. Storm water will exit the site in the southwest corner and enter. an existing concrete lined ditch that is located within the Hartman Lane right-of-way along the west side of the site. 2. This project will not encroach or modify existing drainage patterns. Storm water will be directed around the proposed project and discharge at or very near the current location. Page 34 Qwest Marana Facility TDG Project No. 0738.00 fl u i~l Llll' u ii 3. There will be no impacts to upstream or down stream off-site land uses. The new facility will incorporate a series of detention ponds to hold the difference between the pre-construction storm water volume and the post construction volume. As a result the down stream facilities will not see. an increase in storm water discharge from this site. There are no proposed changes to the existing Qwest facilities located on the southern parcel adjacent to Cortaro Farms Road. 4. As previously stated in number 3 above the new site will incorporate several detention ponds to capture water and reduce the potential for erosion. 5. The drainage concept proposed by the Tentative Development Plan .provides for collection, conveyance, detention and discharge of storm water in conformance with the Town of Marana and Pima County Floodplain and Basin management requirements and drainage policies. F. Vegetation 1. A native plant inventory has been completed by McGough Kahn Landscape Architects. Using this inventory those trees and. cacti will be boxed for future using in the proposed landscaping or removed from site. Those plants deemed non-salvageable will be removed from the site as most of this project will either be paved for parking, a new building or new landscaping. There are little or no native plants on the existing Qwest facility therefore, no Qwest site. change is proposed for this site. The remaining residential parcel to the east will remain unchanged. Table II.F depicts the disturbance to significant vegetation on the proposed new Table II.F Disposition of Significant Vegetation On Site Common Name Number on- site Number Disturbed by site Development Number Likely Removed From Site Ironwood 12 8 4 Foothill Palo Verde 14 8 6 Native Mes uite 12 3 9 Sa uaro 1 1 0 Barrel Cactus 2 2 0 Qwest Marana Facility TDG Project No. 0738.00 Page 35 2. A native Plant Permit will be re ared for the ro'ect. This Native Plant Permit for the new p p p J development will focus on the transplanting of all viable, transplantable specimens to parking lot ' landscaping and along Hartman Lane. All vegetation removed from the site will be mitigated as required by the Town of Marana Ordinance. A Planting and irrigation plan for this site. has .been developed by MaGough Kahn has been ' submitted under a separate cover. This plan utilizes native tree, shrubs, and groundcover along with'/2" minus "Palomino Gold:" decomposed granite to cover all exposed native soils. As stated ' above viable native trees and shrubs will be salvaged and dispersed through the new site in conjunction with. new plant material ' G. Wildlife ' A Biological Evaluation for this project was prepared by Robert B Spicer and has been submitted under a separate cover. Based on Mr. Spicer's evaluation there are no critical habitat ' or species listed, proposed or candidate under the Endangered Species Act that will be affected by the construction of the new Qwest facility. Several recommendations provided by Mr. Spicer ' will be incorporated into the design of the new facility. Those design alternative incorporated are as follows ' a. We have providing open space along the edges of the project to provide reduction of wildlife-human interactions. b. We will provide openings along the base of the masonry walls to allow movement, ' connectivity and access to habitats needs. ' 1. Buffer area for this proposed project will be in the form of retention areas and areas designed to convey off-site water around the facility. 2. B ff r : A c r in to the Town of Marana Land Develo ment Code Section 05.11.02.1 u erya ds cod g p there are several front, rear and sideyard setback that apply to this project including a special buffer to residential areas. This special buffer is 25 feet as measured from the property line. The following are the buffer dimensions provided: ' Frontyard: 30 feet North sideyard: 28 feet ' South Side Yard: 21.2 feet. Note this side yard is adjacent to the Pima County Sewer Lift Station Rearyard: 21 feet to back of curb Pa a 36 Qwest Marana Facility TDG Project No. 0738.00 u ' Cross sections illustrating treatments adjacent to existing developments and streets are presented in Exhibit ILG . In summary a. The proposed buffer along Hartman Lane has an average width of 37 feet wide. This ' buffer will contain landscaping and the retention pond. ' b. Two types of structural screening wall are proposed for the new facility. A five foot high masonry wall will be constructed along Hartman Lane for the secure area parking and along ' the property line between the Qwest facility and the Catt property (i.e. the new Qwest facility east property line). Access to this secure area will be provided by a five foot high wrought. iron fence. The unsecured parking area will be screen with a 30" high masonry fence. This ' fence will also be located along Hartman Lane. c. The size and type proposed planting is shown on the proposed landscape plan prepared by McGough Kahn has been submitted under a separate cover. d. No earth berms are proposed for this project. 0 Qwest Marana Facility TDG Project No. 0738.00 u Page 37 0 ~F.A I1VG HARTMANLANE CONCRE71 SECTIONLOOKING NORTH ALONG WEST PROPERTYLINE r S'HIGHCHAINLINK - FENCE OR MASONRY BLOCK WALL OPT eEA FOR DRAINAGE SECTIONLOOKING EAST ALONG NORTHPROPERTYLINE NC NOT TO SCALE UNSECURED AREA VEHICLEPARKING PROJECT SITE: MARANA 38 H. Viewsheds 1. How the TDP mitigates impacts to: a. The view from off site to the east will be to the existing residential single family home that is part of this zoning application. The view north is to undisturbed desert. Views to the south are to Cortaro Farms Road. The view to the west is to existing single family one and two story homes. b. The .proposed project consists of at grade parking and one single story building. The secure area where the service trucks will be parked (north of the new building)-will be screened from view from Hartman Lane by a six foot high masonry fence. The unsecured employee parking area (south of the new building) will be screened from the view from Hartman Lane by a 30 inch tall wall. A 27 foot buffer landscape and storm drain conveyance will be provided along the north side of .the proposed new Qwest facility to help provide screening the site. I. Traffic 1. A traffic analysis report for this project was prepared by Southwest Traffic Engineers and this report has been submitted under a separate cover. J. Public Utilities Public utilities for the new and existing Qwest facilities will be provided as follows Sewer: Pima County Sewer District Water: Town of Marana .Electric: Tucson Electric Power Phone: Qwest Gas: Southwest Gas Pa a 39 Qwest Marana Facility TDG Project No. 0738.00 O ' K. Public Service Impacts 1. The impact on public services is expected. to be minimal. The entries to the site have been designed, to allow for turning movements for fire trucks. The northern portion of the ' development (secured parking area) will be gated. The police, fire department emergency services will have access to the site via an Opticom system. Sewer service for the project will be provided by a private connection to the public sewer located ' within Hartman Lane. This sewer service is provided by Pima County Department of Wastewater Management Department. 2. This development is a commercial facility therefore there will be no impact on schools or parks. L. Recreation and Trails. 1. No recreation areas are proposed as part of this new facility.. Qwest employees will enter the facility and park in the unsecured parking area, enter the building to obtain work orders and leave the facility in a Qwest service truck. At the end of the shift this order will be reversed and ' the employees will .leave the facility. 2. Open space is proposed within. the landscaped bufferyards and retention/detention ponds. ' These areas will be owned and maintained by Qwest. 3. Access to off-site trails will be provided via surface streets. ' IVI. Cultural, Archeological and Historic Resources An archaeological Survey for the proposed project was conducted by HRA, Inc. A copy of the ' report has been submitted under a separate cover. ' 1. Based o the report by HRA, Inc. three sites that have been identified on or near the project area. They include the previously recorded Dairy Site (AZ AA:2:285 [ASM] and Canada Canal ' (AZ AA:12:780 [ASM] and a newly recorded site AA:12:1049 (ASM). Of the three sites only the ' Pa a 40 Qwest Marana Facility TDG Project Na 0738.00 Dairy Site is considered to have any archaeologicaF significance. The Canada Canal is considered to have no effect on the site and the newly discovered site is not eligible for the National Register of Historic Places (NRHP). Since the Dairy Site is considered to be of archaeological significance HRA, Inc has recommended that a limited mechanical subsurface testing (excavation) be conducted to determine if significant cultural deposits are present within the westerly portion of the new Qwest site. This testing will be presented to the Town of Marana for approval and conducted by a qualified archaeological consultant prior to construction of the project. During construction of the project if human remains or funerary items are discovered, all work will stop in the area of the remains and the Town of Marana will be contacted immediately. 2. No resources will be incorporated. Page 41 Qwest Marana Facility TDG Project No. 0738.00 0 tpplN OF TOWN COUNCIL MEETING TOWN OF MARANA 5 ti~~,~2ANa, ; INFORMATION ` ~'"``'` gRi[JNP MEETING DATE: June 17, 2008 AGENDA ITEM: J. 3. a TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2008.14: Relating to Development; approving and authorizing an amendment to the Rancho Marana West Specific Plan. DISCUSSION Summary of Application The Rancho Marana Specific Plan was originally adopted by the Marana Town Council on February 6, 1990. Then in May of 1999, the Plan was amended by the Council to divide the Plan into two. parts, the Rancho Marana East Specific Plan and the Rancho Marana West Specific Plan. On October 17, 2000, the Town adopted the Northwest Marana Area Plan and begun. the design and construction of the Marana Town Center which was a key component of the Rancho Marana Specific Plan in 1990. The latest amendment (adopted 2005) was intended to bring the Rancho Marana Specific Plan into compliance with these new documents. These revisions included the area south of Barnett Road for items such as the extension of Tangerine Farms Road through the western portion of the Plan Area, redistribution of open spaces, revised development standards for the Rancho Marana West Specific Plan, new cross sections for Sandario Road, Tangerine Road and Moore Road and a redistribution of residential densities. This request is to change the current land use designation on Planning Areas 2A and 2B from 45 acres of High Density Residential and 32 acres Commercial to 77 acres of Town Center for a total of 99 acres of the Town Center designation for the area bisected by Marana Main Street and Civic Center Drive. This is also to reflect the current Town Center Plans that have been discussed and presented to the Town Council. These include the Town Center plans developed by Swaback Partners for Town of Marana back in 2004, the Marana Main Street Plans presented in 2007 and the Marana Health Center conceptual plans developed in 2008. In addition to the proposed changes to the land use designations for. Planning Areas 2A and 2B, this amendment would also modify the.. general development standards including the essential Design Guidelines and provide additional permitted uses within the Town Center designation. Staff has created a set of comprehensive Town Center Development and Design Standards that 061708 SPA-08027 Rancho Marana West Specific Plan Amendment TC will serve as the primary mechanism for implementation of the Town Center area. The Town Center area is intended to create an activity center with a comprehensive mixed-use environment including commercial, retail, professional office, medical office, institutional, entertainment, and residential uses. The Town Center is planned to be the focus of civic activities for the residents of Marana. A variety of uses is intended to be organized around public open spaces in ahigh-intensity and multi-story development setting. The Town Center area should encourage development of compact; pedestrian-scaled, mixed-use commercial and neighborhood areas. In addition the proposed changes include the necessary separations (landscaped bufferyards) that have been part of the previous concepts between the existing residences and the Town Center .area. The proposed amendment prohibits uses that would be incompatible to the adjacent residents, such as; automotives services, contractor's yards, industrial uses and outdoor storage. ATTACHMENTS The proposed Rancho Marana West Specific Plan Amendment. RECOMMENDATION Staff recommends approval. SUGGESTED MOTION I move to approve Ordinance No. 2008.14, the Rancho Marana West Specific Plan amendment. 061708 SPA-08027 Rancho Marana. West Specific Plan Amendment TC MARANA ORDINANCE N0.2008.14 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING AN AMENDMENT TO THE RANCHO MARANA WEST SPECIFIC PLAN. WHEREAS on February 6, 1990 the Town Council adopted Ordinance No. 90.04, which approved the Rancho Marana Specific Plan; and, WHEREAS the Rancho Marana Specific Plan was amended, in 1999, by Ordinance No.99.13; and WHEREAS the Rancho Marana Specific Plan was amended, in 2005, by Ordinance No. 2005.05; and WHEREAS the Marana Planning Commission held a public hearing on May 28, 2008, and at said meeting voted unanimously to recommend that the Town Council approve said amendments; and WHEREAS amending that portion of the plan known as Rancho Marana West to bring, into conformance with the Town of Marana's adopted updated policy documents by amending the Development Regulations and including the essential Design Guidelines on that property comprising of approximately 99 acres generally located approximately 175 feet south of Grier Road, north of Barnett Road, west of Lon Adams Road and approximately 470 feet east of Sandario Road; and WHEREAS the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held June 17, 2008, and have determined that the amendment to the Rancho Marana West Specific Plan should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The amendment to the Rancho Marana Specific Plan comprising of approximately 99 acres generally located approximately 175 feet south of Grier Road, north of Barnett Road, west of Lon Adams Road and approximately 470 feet east of Sandario Road is hereby adopted. Section 2. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Marana Ordinance No. 2008.14 Page 1 of 2 Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17~' day of June, 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2008.14 Page 2 of 2 ~~~ N v ~ ~ 5~ o A N SANDARIO RD ---r~ N ~ _ ~ C7 ~ '~ ~ Gn= n.-tI ~~ ~ D p - ' n ~ ~p~ '2_ n ~ ~ ~ ~ N . ~' . 1 n~W 1 m --i DpN ° n ~ ALE R D ~ N _ c a ~ C7 N Z n~~ y 5~ ay ~y oy> .p n~ ~ w ''d O ~ _. n ~ ~ b ~i,° t a~~~~~~~ 8 O p r~ o ~~ m ~ ., r ~ ~~ ~ ~; k ~ o ~ a :. ES 9~;IIFf ~n~ P ~ 3 m 0 ~~yy ~~ m N ~ : ~~r;il t1 f{4~ a~ ` 1 d ~ ~ ~ F+ w ~ ~ n.~. { . I~1~~~{ ~ ~ ~ £ ~~~ W in~~ N ~ ~~~~ w <~ .mo D ~ ~, O ~ v D~~ D~~ n ~ N ~ ~,~ y o ~~~ n~ I cn _ .~ 0 n' ,~ Dv~ n ~ .P~-' ~2~ n.Z1A ~~N 1 ~ 1 n ~ i n ~ w N ~ DpN. n ~' /ALE R D ~ w n. A N ~ Dpi ,nom .p Dn~ n w C7 ~ ~ /n~v RD ~ ~ a ~s¢.8 a ~ .~¢g~,8 ~ ~ ~~,g~~~~ ~ ~ -~ x r a ~~~ ~ ~ ° r~ ~~~~ ~ ~ ~. ~ N Pr ~ ~ i• d e 963d~ N ' '~ ~a~~d gg ~ /~~ ~e ~~a.-8 ~25 ~ ~ (n i~ ~j-~, m y\II ~ N r~ ~ E y~Y m V/l. RANCHO MARANA WEST TOWN CENTER DESIGN STANDARDS A. INTRODUCTION AND PURPOSE The purpose of this document is to provide specific design criteria and standards for the Rancho Marana West Town Center. The location of the Town Center is illustrated in Exhibit IV-1 a. Adherence to these Design Standards will ensure that development in the Town center is an asset to the community and can proceed in an orderly, attractive manner that meets expectations of the owners and the Town of Marana. Further, these standards serve to provide compliance .with the 2007 Town of Marana General Plan and the Rancho Marana West Specific Plan. The Town Center is designed as a mixed-use, walkable area with a variety of uses such as education, government, residential, commercial, professional offices, entertainment and social activities. It is designed with intersecting Main Streets (Marana Main Street and Civic Center Drive are referred to as Main Streets in this document) anchored with the Marana Municipal Complex and plaza areas. Buildings in the Town Center should provide opportunities for mixing residential and commercial with a continuous building facade and presence along the main streets. Off-street parking will be located behind the main street buildings with convenient, shaded pedestrian connections. • B. AUTHORITY AND SCOPE Both the developer and the- Town of Marana shall be responsible for the implementation of these Design Standards. They shall be applied, in addition to the Town's applicable zoning, subdivision and development requirements, to the review of all development in the Town Center of the Rancho Marana West Specific Plan. Z. Being specific to the Town Center of the Rancho Marana West Specific Plan, and in the case of a conflict with other regulations, the provisions contained herein shall prevail 3. Minor amendments to these Design Standards may occur with the approval of the developer and the review and approval of the Planning Director. Minor amendments include .changes to setbacks, minor alterations to road alignments, minor alterations to site layout and configuration, and any increases or decreases to parcel size within a 10% margin. 4. Major amendments to these Design Standards shall be subject to the same process used. to amend the zoning far the Rancho. Marana West Specific Plan. Major amendments include: a. Changes to the land use boundaries. • Rancho Marana West Specific Plan Amendment June 2008 -1- b. Any proposed amendment which conflicts with the adopted Rancho Marana West Town Center Specific Plan. c. Reductions to the dimensions of the required-buffer areas. d. Other amendments which modify the zoning stipulations shall be considered a major amendment. 5. If any provision herein is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of these Design Standards. 6. All items not specifically addressed by these Design Standards will automatically be covered by the Town of Marana Land Development Code. C. LAND USE STANDARDS A variety of uses is intended to be organized around public open spaces in a high- intensity and multi-story development setting. 1. The Town Center shall include development of compact, pedestrian- scaled, mixed-use commercial, residential,. government and neighborhood areas. 2. Development in the Town Center shall provide compatible transitions to • adjacent properties. D. CIRCULATION STANDARDS Development in the Town Center will establish vehicular and pedestrian connections with the existing and planned land uses around the site. It is important to make the Town Center a comfortable walking and pedestrian friendly destination. Tree lined streets, arcade building frontages, and pedestrian alleyway shortcuts will make it an easy, safe and attractive destination. To achieve this, development blocks shall have limited vehicle access points. Drives shall be located away from the pedestrian areas along the Main Streets. All off-street parking shall be located behind the buildings and have dedicated, shaded pedestrian pathways. Buildings masses shall be separated by pedestrian alleyways to create regular points of egress and ingress between the off-street parking and the Main Streets. The layout of traffic corridors within the district builds connections to the existing public street network and is specifically designed to unite residential, recreational, and commercial activity areas and public facilities within and adjacent to the Town Center. In addition to roads and parking, the district will include a comprehensive pedestrian and bicycle circulation network. • Rancho Marana West Specific Plan Amendment June 2008 - 2 - Approach and entry shall be effectively designed to announce the transition into the Town Center. Points of entry announce to the homeowner and visitor alike the beginning of a familiar or new experience. By using a variety of materials, accent plantings, accent masonry, and combining placement and scale, a fresh entry expression is projected for the Town Center. The Landscape Design Standards section addresses specific entry feature concepts. Pedestrian and Bicycle Circulation Pedestrian-friendly communities are made possible through well-designed and efficient circulation systems. Pedestrian spaces and routes should be designed to invite non-vehicular traffic throughout the Town Center. Pedestrian and bicycle pathways shall be planned such that they connect all open space and development areas. These circulation routes should be recognized as recreational amenities and as alternatives to automobile circulation. The Town Center provides a variety of pedestrian circulation options including pathways, pedestrian alleyways and streets. They can all weave through the buildings, open spaces and public places to give safe and comfortable access to all areas. The Main Streets shall have sufficiently .wide sidewalks with appropriate shading and pedestrian seating areas to make walking a pleasure even in the desert summer. Continuous building frontage with a variety of retail • uses spit{ing out onto the sidewalks can make streets an active public place. Pedestrian alleyways can serve as short-cuts between buildings and provide. for additional frontage to the retail businesses. Pedestrian friendly .development with a human scale will be achieved with the following standards: a. Building heights shall be proportional to the street width. b. Streets shall have a continuous canopy of trees. c. Buildings with front setbacks shall be built up to the sidewalks by adding arcades, colonnades, awnings, stoops,. balconies and terraces. d. Bicycle and pedestrian paths shall be designed to minimize conflicts with vehicular traffic. e. Bicycle parking shall be provided at focal points, recreation areas and activity centers. Bicycle and pedestrian paths shall be developed to provide links to open spaces, recreational facilities, governmental offices and educational facilities within and adjacent to the .Town Center. • Rancho Marana West Specific Plan Amendment June 2008 - 3 - 2. Street Design The Rancho Marana West development provides new connections to Main Streets that are safe and functional with easy access into the Town Center. Circulation shall include convenient access to and from adjacent neighborhoods, and minimize conflicts between pedestrians and vehicles by strategically controlling. street connections into and out of development blocks. Parking lots shall be organized so they are strategically buffered from the majority of pedestrian storefront activity and are located behind the Main Streets. An active, pedestrian oriented streetscape shall be developed that includes the following: a. On-street parking opportunities shall be included in all streets. b. Way finding and signage locations shall be incorporated as part of the Planned Sign Program for the Town Center. c. Site lighting shall match the existing street and pedestrian lighting on Marana Main Street and Civic Center Drive. d. Streetscapes shall include abundant, street trees and special plantings. e. Building fronts shall have pedestrian friendly store fronts. • f. The street and sidewalk environment shall be cooled with colonnades, trellises and other shade structures. g. Sidewalk areas shall include special paving and pedestrian oriented open spaces. h. Decorative pavement and lighting shall be included at all pedestrian crossings of arterial and collector roadways. i. Driveways serving commercial development shall be shared where .possible. j. Access and interconnectivity shall be provided to and between residential parcels. 3. Local Streets Local streets will serve the residential neighborhoods of the Town Center and will be characterized by a street tree theme specific to each neighborhood with sidewalks on both sides of the street. • Rancho Marana West Specific Plan Amendment June 2008 - 4 - Local streets shall be .built in accordance with the Town of Marana • Subdivision Street Standards Manual within rights-of-way specified in that document. E. GRADING AND DRAINAGE The site for the Town Center is a retired agricultural field with flat grades of less than 0.5 percent. The design concept for the project is to create a minimal 0.5 percent slope across the site to ensure adequate drainage and to retain the 10- year and 100-year stormwater flows on site. This may be accomplished by directing the storm water flows to the Barnett Linear Park which will serve as a temporary retention basin and, when completed, serve as conveyance of storm. water to the Santa Cruz River. The following standards are incorporated in the Rancho Marana West design: The Town Center is designed to accommodate drainage in accordance with the adopted Town policies, standards and ordinances. 2. All retention. areas shall be drained within a 36-hour period of time if they are holding the entire 100-year storm. 3. .All retention basins shall be designed to be as shallow as possible with multiple uses encouraged, particularly recreational and open space. The design shall not preclude or discourage riparian area estab{ishment. • 4. The portion of the Barnett Linear Park along the southern boundary of the development will be excavated and may function as an interim retention area until the final channel is completed to the Santa Cruz River. 5. On-site retention may be required prior to the completion of the Barnett Linear Park to the Santa Cruz River. This retention area will be designed so that 'rt may be altered to provide flow-through to the Barnett Linear Park upon completion of that channel to the Santa Cruz River or reclaimed as buildable area. 6. All erosion protection rock shall be "Apache Brown" color. F. LANDSCAPE DESIGN STANDARDS Rancho Marana West incorporates coordinated landscaping through the entire project and provides landscaping standards for arterial and collector streetscapes, local streetscapes; commercial development areas, and community open space.. The Town Center will be designed with distinctive landscape features to define its identity and relation to other development in Rancho Marana West. Desert sensitive and native landscaping wil{ be a primary influence on the landscape character for the Town Center. Plants shall be selected for their form, • color, drama, stateliness .and shade qualities. Choice and design of planters will be Rancho Marana West Specific Plan Amendment June 2008 - 5 - equally important with respect to overall character and functionality for supporting plant life. • Development shall be subject to the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: General Standards a. Trees -shall be planted to soften the architecture of proposed buildings and provide shade for parking and pedestrian areas. b. Shrubs shall be planted where appropriate to create foundation planting adjacent to the proposed buildings to provide an appropriate transition from the ground plane. Shrubs can also be used to provide visual screening for utility boxes and service items. c. Groundcovers shall be planted to provide continuity within the landscape and tie together other landscape elements. d. All plants shall be selected from the Rancho Marana West Specific Plan plant palette. e. All planting areas shall be irrigated. The developer will provide non- potable, irrigation water lines (purple Gnes) to all development parcels. Non-potable water will be available for landscaped open areas, recreation sites and public facilities from valve connections • at sidewalk. Each development parcel shall utilize non-potable water supplies to irrigate landscaped areas including common areas and individual lots. Special design features such as low walls, trellises and desert sensitive water features shall be encouraged. along .with public art. 2. Street Standards a. Tree species or patterns of multiple species shah be consistent on any given street. b. Street trees are to be a minimum of 24-inch box size. c. Refer to the Circulation Section of the Rancho Marana West Specific Plan for roadway cross sections including landscape areas. 3. Vehicular Access The Town Center shall have both on-street and off-street parking. Off- street parking facilities shaA be shared between uses such as offices, retail and residential. Parking shall be designed behind the main street buildings and accessed away from the central pedestrian zone, minimizing any conflicts between vehicular and pedestrian traffic. • Rancho Marana West Specific Plan Amendment June 2008 - 6 - • a. Service parking can be provided during non-business hours within the parking areas. For short term service needs, on street. sites can be designated. 4. Decorative Paving. and Walls a. Decorative paving Hardscape materials available for the paving of special activity areas, vehicular and pedestrian areas are numerous in their choice of colors, patterns and textures. Interlocking brick pavers, colored or textured concrete surfaces are encouraged for use throughout the Town .Center. The following standards are incorporated in the Rancho Marana West Town Center design: 1) The selection of materials shall be based on the established architectural theme of a given project area. 2) Areas of intense pedestrian activity shall be delineated with accent pavement and specialty lighting. 3) Materials and colors (reds and browns} for hardscape .and paving shall be approved by the developer and the Planning Director. b. Wall design shall be in accordance with the exhibits' in this section. Alternative wall designs may be approved by the developer and the • Planning Director. 1) Alternative wall designs may be approved by the Planning Director and the developer. 2) Alternative walls and fences within a project area shall be consistent with the architectural theme including materials and design. of the project and any developed areas located adjacent to such wall or fence. 3} Walls shall be of adequate height to function as a screening device as determined by the Planning Director and the developer. 4) Screen walls or fences of sheet or corrugated metal, asbestos, or chain-link fencing are specifically prohibited. C Rancho Marana West Specific Plan Amendment June 2008 - 7 " e1Ci!CK L' b^ FtC'ktd~ C~7~1%?~F. - Ea1t,K. C:a? HEJ~d?KR ~~r.,K,w ;E _ BNx..h CgF`b1RT0 l~2' ~'aCyvFG Ei - ~"T ~. ' .. • f L ~ . ~.} r S ~~ r, ..,, - . 2`SCZ11I4R£f5t5LUMtiS'iY3NE ti~tiEER - ~ Lei Ti3 E~ NTH TOt~ ~~; APPR6VED BY [3E~CER o ~ ~- 4 ~ t 1 r ~~ " 4tA! ~:~t1CK ';1,.'--r?';x - t~CYLC5R3'O'6~EAf#T4~1+CfidE . , . . ~ :,°+:• - AF~RCN?E~! ~i'l LIEV~LC:~ER • _ !Ydn M1 Exhibit VII-1: Commercial and Perimeter Wall Elevation 5) Interior residential wall design shall be in accordance with Exhibit VII-2 and 3. Alternative wall designs may be approved by the Planning Director and the developer. 6) Interior residential walls shall be utilized along the side property Lines of individual residential lots and where the rear yards of two individual residential lots abut one another. 7) .Alternative. walls and fences within the project area shall be consistent with the architectural theme of the planned area, reflecting materials and design of the architectural theme and must be approved by the Planning Director and the • developer. 8) The Planning Director and the developer shaft determine where walls and fencing may be placed with the ideal to eliminate walls and fencing where appropriate. 8x2xt6 SOLID CAP COLOR TO BE EARTH TONE APPROVED BY MASTER DEVELOPER. Sx6x16 PILASTER `H' BLOCK COLOR TO BE EARTH TONE APPROVED BY MASTER DEVELOPER. _ OI 4x6x16 INTERLOCKING FENCE ~ BLOCK COLOR TO BE EARTH TONE APPROVED BY MASTER DEVELOPER. Exhibit VII-2: Interior Residential Wall Elevation • Rancho Marana West Specific Plan Amendment June 2008 - $ - • TUBULAR STEEL VIEW FENCE. a p ~ DESIGN TO BE APPROVED BY iV MASTER DEVELOPER. 0 y . ~ ~ STUCCO FINISH. . 0 . . I COLOR TO BE EARTH TONE ~ i7 .:<• . • -=~ •: •' ~ , 't ;, , ~. APPROVED BY MASTER ~ ~, ,. DEVELOPER. Exhibit VII-3, Open Space Boundary Wall Elevations 5. Amenities Site amenities may include trash. receptacles, ash ums, benches, planters, bicycle racks, bollards, drinking fountains and information displays. Additional amenities may be approved by the developer. The following principles and standards shall be applied to the selection and placement of outdoor amenities: a. Amenities shall be located so as not to impede the flow of pedestrian traffic and shall conform to applicable Americans with Disabilities Act (ADA) standards. b. Design shall reflect the character of the project area. • c. Amenities shall be constructed of long-wearing,. vandal resistant materials. d. The final selection of amenities shall be based on appropriate materials and design and their consistency with adjacent architectural features. Approval regarding materials and consistency of these elements shall be deferred to the developer. e. Outdoor amenities shall be .incorporated to some degree in the majority of open space areas within a given development. 6. Commercial Parcels The following landscape requirements apply to commercial development in the Town Center: a. A minimum of 50 percent of the trees within a commercial development are to be 24 inch box size and the balance shall be 15 gallon size minimum. b. Plant selection shall conform to the Rancho Marano West Specific Plan plant palette. • Rancho Marano West Specific Plan Amendment June 2008 - 9 - c. Parking lot trees shall be geometrically arranged in regularly spaced planter bays to create a formal look. Additional trees may be • planted in front of stalls. d. Trees shall be located in planter bays to provide a shading effect to the adjacent parking bays. Additional shrubs can be planted in planter bays to further reduce large areas of unbroken paving. e. Shrubs are to be used in planter bays to screen cars from street frontages, property lines, entry drives and pedestrian walkways. All other surfaces within planting areas are to be covered by organic or inorganic groundcover. No trees or large shrubs shall be planted within 10 feet of any entry driveway. g. Shading of asphalt areas will be in accordance with the Marana Land Development Code. h. Informal groups of trees shall be planted next to structures. Landscape berms are allowed and, if used, shall be undulating and no more than 4 feet in height. Visitor parking and drop-off areas shall be clearly defined with distinct landscape materials and decorative paving. • k. Service areas shall be screened from views from. public streets with a minimum 5-foot wide densely planted landscape screen and a 5- foot wall Required commercial streetscapes may not be phased. For phased commercial development the required streetscape for the entire development, including shrubs used for parking lot screening and street trees, shall be installed when the first phase of development occurs. 7. Residential Open Space Open space is a vital amenity contributing to and. enriching the quality of livable spaces. It provides a refuge from urban development, creates recreational opportunities and establishes buffers between varying land use intensities. Open space shall be configured according to the following standards: a. Pedestrian paths Landscape designs should recognize the importance of pedestrian use areas and incorporate treatments to enhance these particular experiences. Pedestrian paths shall be laid out in such a manner • as to permit free and safe access for all residents to amenities Rancho Marana West Specific Pfan Amendment June 2008 - 10 .within the project area. Pedestrian paths shall be an 8-foot wide • minimum hard surface. b. Land scaping. 1) Vegetation within the open space areas shall consist of-low water use plants. Limited use of more water intensive plants may be used in oasis areas. 2) -Trees shall be minimum 15 gallon size with 30 percent in a 24 inch box size. 3) Shrubs shall be minimum 5-gallon size. 4) Groundcover and accents shall be minimum 1-gallon size. 5) Landscape berms, if utilized, shall be undulating and no more than 4 feet in height. 6) The use of shallow basins is encouraged for the purpose of water harvesting to provide plants with supplemental water. 7) Orchard -Trees shall be planted in an orchard grid arrangement in various locations throughout the open space areas (see Exhibit VII-4). Orchard areas shall contain a .minimum of 12 trees and shall consist of a single species per orchard area. Trees permitted in the orchard areas are listed in the Rancho Marano West Specific Plan Appendix E. 8} Mesquite Bosque -Trees shall be planted in a loose grid arrangement in various locations throughout the open space areas (see Exhibit VII-4}. Bosque areas shall contain a • minimum of 12 trees and shall consist of a single species per Bosque. Trees permitted in the Bosque areas are limited fisted in the Rancho Marano West Specific Plan. 9} Plant Palette - Open space planting design shall be compatible with adjacent development improvements. Plant materials shall visually identify and separate individual use areas while blending them into the overall visual environment. With the exception of the "orchard" .planting areas and accent points, the trees and shrub.- planting groups shall be informal. Permitted plant materials are {isted in the Rancho Marano West Specific Plan. MESQUITE BOSOUE PLANTING WITH LOOSE, ORGAINC GRID PATTERN. Exhibit Vll-4: Orchard and Bosque Concept Rancho Marano West Specific Plan Amendment June 2008 - 11 "ORCHARD" TREE PLANTING WITH REGULARLY SPACED GRID PATTERN. GRID MAYBE RECTILINEAR OR MAY FOLLOW SITE CONTOURS OR PATHWAYS. 10} As development progresses, open spaces shall be designed in a manner that is consistent and compatible, as determined by the developer, with adjacent existing open space areas. This includes the use of similar and compatible plant materials, hardscape elements and drainage features. 11) A minimum of twenty-five percent of a site's land area shall be developed as pedestrian open space. 12) At least twenty-five percent of the pedestrian open space of the site shall be landscaped. G. SITE PLANNING General Site Design Standards a. The building design and elevation plans shall be sensitive to the pedestrian scale of the overall Town Center. b. The building frontage along the main streets shall be as continuous as is practicable leaving spaces for normal vehicular and pedestrian access and other functional open space needs. c. Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on mixed-use and adjacent residential properties. When appropriate an acoustical • analysis will be required as part of the review process. d. At least one pedestrian access shall be provided for every 150 feet of building frontage along the main streets. The access shall provide for connections between the parking lots and the street. e. The pedestrian access shall be a minimum of 10 feet. All building frontages shall be sensitive to pedestrian circulation and human scale. g. Corner buildings shall have the main entrance along the primary street. Secondary entrances may be allowed along the non-primary side. h. Buildin g articulation and configuration shall consist of: 1) Varied building facades 2} Strong continuous built influence along street fronts 3} Generous first floor heights 4) Architectural detailing 5) Special corner treatments • Rancho Marana West Specific Plan Amendment June 2008 - 12 i. Covered and shaded walkways may consist of one or more of the • following: 1) Colonnades 2) Awnings 3) Trellises 4) Canopies 5) Other shading devices as accepted by the Planning Director }. Retail buildings shall include one or more of the following: 1) Multi-sided shopping 2) Varied shops 3) Continuous shop frontage k. Alleyways and street corners shall be enhanced by one or more of the following: 1) Framed views 2) Features that convey an element of surprise 3) Walk through show windows • 1. Parking integration into he Town Center shall contain: 1) Pedestrian friendly and inviting entry points to Main Street 2) Parking behind buildings 3) Parking structures where appropriate 2. Sidewalks a. A licensing agreement that is applicable to the district shall be required to assure continuous and safe sidewalks. The agreement shall address the following: 1} Maintenance 2) The property owner's options in sidewalk construction and integration with any existing sidewalks 3) Safe walkways 4) Permitted display and use of walkway areas 5} Signage Rancho Marana West Specific Plan Amendment June 2008 -13 H. ARCHfTECTURE The Marana Town Center takes its inspiration from the history of Spanish • influence and its current presence in the regional architecture as the basis for its own architectural style. The suggested style will be Spanish Renaissance Revival Vernacular. It creates a more informal character and may be symmetrical or, more typically, asymmetrical in its composition. It is considered to be best suited for urban design gestures -and mixed .use situations. The revival styles are actually a mix of Spanish, Italian and French styles that are carefully composed to create attractive buildings. These styles are well suited to the Arizona climate, history and culture and will extend a small town feel to the Town Center. The vernacular style is a "dress down" version of the high style. It is less ornate and therefore more suited to current building practices, expertise, efficient and economical construction. It is less formal and allows for much needed flexibility in building design and articulation. 1. General Architectural Standards a. Mixed-use buildings shah provide residential entryways, on the first floor. Residential units are not allowed on the first floor. b. Maximum building height shall not exceed 55 feet. Buildings along • the main streets shall be at least 25 feet in height with two stories. c. A tower, pole, cupola, dome or similar structure erected as an accessory building or feature to a principal building on a site may be a maximum of 66 feet upon approval by the Planning Director. The feature or structure shall be subject to the following criteria: 1) The structure creates a varied appearance of height among a group of buildings within a development. 2) The .structure provides a focal point from public spaces within the Town Center. 3} The structure provides a unique architectural feature among Town Center buildings. d. Any building or structure erected on a site shall conform to the established architectural styles., these Town Center Design Standards,. and the Commercial Design Standards in the Land Development Code.. BUILDING MASSING AND ARTICULATION The character of building mass should provide a community oriented scale of development with friendly retail, office, lodging, residential and civic opportunities. • Rancho Marana West Specific Plan Amendment June 2008 - 14 1. Buildings shall be articulated to have a varied appearance in their heights, • features, roof styles and colors that work to create a sense of evolution and growth over time. This discontinuity in facade design and arrangement is complimented by eliminating. or largely reducing the side yards to allow continuous rows of shops. This idea reinforces the pedestrian scale and creates a vibrant mix of uses. 2. The building masses shall be broken at specific points far scale providing shortcuts and invoking curiosity. The edge treatment at these corners should be dealt with using. great sensitivity. 3. Building Massing and Articulation features may include the following: a. Shade canopies b. Relief islands in parking lots c. Show windows along side alleys d. Public art and landscaping at strategic points e. Safe and shaded pedestrian path connections to shops Multi use congregation spaces J. LIGHTING Street {ighting shall be designed for safety and to unify the Town Center development in accordance with the Marana Lighting Code. Standards have been designed to respond to the requirements of a variety of land uses and activities in the Town Center. Street, parking lot and structural lighting fixtures shall provide adequate illumination for the safety and comfort of vehicular and pedestrian traffic. All lighting shall protect the night skies, and shall employ "full-cutoff' techniques where possible. All lighting in the project shall acknowledge the recommended lighting practices of the Illuminating Engineering Society of North America. Street and parking tot light fixtures. shall match the existing type and pattern of street and pedestrian lighting on Marana .Main Street and Civic Center Drive. Use of other lighting elements may vary from one area to the next, but levels of illumination shall remain consistent in quality and clarity. The use of special lighting elements and accent lighting is encouraged. 1. Lighting Applications a. On-site street and parking tot light. standards b. Pedestrian sidewalks and transition zones (bollard/walkway lights) Rancho Marana West Specific Plan Amendment June 2008 - 45 c. Landscape accent, spot or flood lights (concealed to reduce glare) • d. Signage and monumentation (concealed to reduce glare) e. Architectural facade accent, spot, or flood lights in commercial zones (concealed to reduce glare) 2. Lighting Design Standards a. Street lighting fixtures along major and primary roads shall be consistent in design style. b. Street lighting fixtures on secondary .and internal roads shall be consistent in design style and match those of adjacent parcels. c. Luminaries and poles shall have a durable finish. d. Lights shall be constructed of vandal resistant materials, recessed, or otherwise designed to reduce potential problems associated with damage and replacement of fixtures. e. Lighting elements shall have controls to allow their selective use as an energy conservation measure. f. Exterior lighting designs shall develop a hierarchy by varying • heights and fixtures. This defines the organization of pedestrian and vehicular circulation patterns. g. Creative lighting design shall be placed at focal areas such as entrances (both pedestrian and vehicular), plazas, public art and courtyards to provide a sense of place and arrival. h. Parking areas, pedestrian walks, courtyards, plazas, seating and building entrances shall be well lighted for security purposes. i. Service area lighting shall be contained within the service yard boundaries and enclosure. walls. Light sources shall not be visible from the street. j. Architectural lighting should be used to articulate structural design elements (i.e., wall washing, etc.) and emphasize community focal points. k. Area lighting includes building entries and other public plazas and courtyards. I. Building entries may be illuminated with soffit, bollard, step or other comparable lighting. L Rancho Marana West Specific Plan Amendment June 2008 - 16 • m. Bollards used for pedestrian areas shall not exceed 42 inches in height. 18 inches is the minimum height for bollards. n. Steps, ramps, and seating walls shall be illuminated with built-in fixtures. o. Pedestrian area lighting shall utilize subdued warm-white mercury or incandescent lamps. p. All .exterior architectural lighting shall utilize indirect or hidden light sources. q. Allowable lighting includes wall washing, overhead down lighting and interior lighting that spills outside. r. Roof mounted light fixtures are not permitted. s. Freestanding fixtures shall be painted the same as street and parking area fixtures. t. Pedestrian lighting shall be used along walks and neighborhood parks when independent of streets. v. Lighting fixtures for parking lots that are located adjacent to any residentially zoned parcel shall be limited in height to prevent light trespass and glare into residential areas. w. Lights shall not be placed. or directed in a manrier causing glare or excessive light to fall on adjacent sites. x. A uniform. fight color shall be used within. project areas. 1) Levels of illumination shall remain consistent throughout the project area. 2) Incandescent lighting is permitted for residential applications only. 3) The- use of color lenses is permitted subject to approval by the Planning Director. y. The design of freestanding tight standards and their accompanying structural supports shall be architecturally compatible with surrounding structures. z. Security lighting: 1) Security lighting fixtures shall not project above the fascia and/or roofline of the attached structure. 2) Fixtures shall have shields that are painted and designed to be compatible with attached structure. • aa. All parking lot and driveway lights shall. provide uniform illumination. Rancho Marano West Specifrc P{an Amendment June 2008 -17 bb. Electrical connections or junction boxes shall be concealed either • within the structure of the light or in a below-grade structure. cc. Accent illumination is recommended to be located. at key positions within each project area such as entrances, exits, drives and loading zones. 1) Accent lights shalt be positioned to be hidden from pedestrian view using plant .material and a dark color scheme that matches adjacent fixtures. 2) The position of light thrown by accent lights shall be adjusted at regularly maintained intervals to reduce glare thrown on adjacent traffic. dd. Transformers or other electrical feeder apparatus shall not be located at the primary en#rances to the project. They shall be screened from public view and painted to match the building or wall color. ee. Appropriate shielding or design techniques shall be used to remove direct lighting sources from residential uses within mixed-use buildings. ff. Lighting shall be designed to afford safety and security along with enhancement of general appearance of the area. • • Rancho Marana West Specific Pfan Amendment June 2008 - 18 • V. RANCHO MARANA WEST TOWN CENTER DEVELOPMENT STANDARDS A. PURPOSE AND INTENT These Development Standards will serve as the primary mechanism for implementation of the Town Center. The Town Center is intended to create an activity center with a comprehensive mixed-use environment including commercial, retail, office, institutional, entertainment, and residential uses. The Town Center is planned to be the focus of civic activities for the residents of Marana. A variety of uses is intended to be organized around public open spaces in a high-intensity and multi-story development setting. The Town Center should encourage development of compact, pedestrian-scaled, mixed-use commercial and neighborhood areas. B. DEFINITIONS 1. Main Street: Marana Main Street and Civic Center Drive within the Town Center. 2. Mixed-use building: A building with a combination of residential and non-residential uses. • 3. Outdoor atherin area: A public congregation space such as g g plazas, squares, pavements, walkways, dining areas, and similar pedestrian areas that are designed exclusively for pedestrian activity and where no vehicular movement is permitted. C. PERMITTED USES The following uses are permitted in accordance with the Town Center standards: 1. Open Spaces -Public spaces including outdoor gathering areas, plazas, courtyards, and park areas. 2. Residential -Dwellings within the upper story of a mixed use building, attached dwellings, townhomes, condominiums, apartments, congregate care facilities, and assisted living. facilities. 3. Single family detached residential, subject to the requirements of the Residential Design Standards in the Land Development Code and subject further to the standards in Section V.I. 4. Offices - Professional, semi-professional, medical, dental, business, • sales, counseling, consulting, and similar uses requiring an indoor office. 5. Retail -Apparel, appliances, bicycles, pharmacies, gift shops, • variety stores, food and dry goods markets, antique dealers, hardware, stationery, office equipment, florists, jewelry, newsstands, bookstores, art galleries, furniture, packaged liquor, pet shops, office supplies, sporting goods, and similar sundry items. 6. Personal services -Barber shops, beauty salons, health clubs, copying services, clothes cleaning, tailoring, Laundromats, picture framing, private postal services, shoe repair, video rentals, watch repair, small domestic machine repair, bicycle repair, and similar indoor services. 7. Financial services -Banks, credit unions, investment services, financial planning and similar financia{ institutions, not including drive-through facilities.. 8. Day care services -Child and adult day care institutions. 9. Food and beverage services -Restaurants, bars, cafes, bakeries, coffee shops, butchers, delicatessens, candy stores, food preparation centers, catering services, and similar uses, not including drive-through facilities. 10. Entertainment services -Theaters, concert halls, museums, visitor centers, art galleries and similar uses. • 11. Clinics/therapy services -Medical and dental clinics, laboratories, small animal veterinary clinics, bodywork therapy, and similar clinical and therapeutic services. 12. Institutiona{ uses -Government uses, libraries, arts and cultural centers, post offices, nonprofit community facilities, and similar civic or institutional uses. 13. Churches -Churches,. synagogues, and similar place of worship. 14. Educational uses -Public, private and charter schools, colleges, art schools, dance schools, martial arts schools, yoga studios, and similar uses providing educational services. 15. Transient lodging - Hotels, motels, bed and breakfast establishments, hostels, and similar transient lodging establishments. 16. Other uses -Any use similar in nature and intensity to a use Lis#ed within the above categories as approved by the Planning Director. • Rancho Marana West Town Center Specific Plan Amendment. May 2008 • D. ACCESSORY USES The following accessory uses are permitted so long as they are associated with the principal permitted use: 1. Outdoor seating, courtyards, and recreational facilities. 2. Parking structures. 3. Covered parking. 4. Garages as part of a residential development. 5. Swimming pools and. recreation facilities as part of a residential development. 6. Outdoor reta1 and service display areas shall be approved as part of the development plan. E. CONDITIONAL USES All conditional uses shalt require a Conditional Use Permit reviewed and approved as prescribed in the Land Development Code. The request must be consistent with the purpose and configuration of the Town Center, and • may be subject to additional special conditions and limitations. Conditional uses that may be permitted include the following: 1. Any commercial use with a first story single tenant space floor area greater than 45,000 square feet. 2. Drive-through facilities for a bank, restaurant, pharmacy, and similar uses with the following criteria: a. The design precludes vehicular access conflicting with an existing ar planned adjacent use. b. The .drive-through is Located away from the front and does not interfere with easy pedestrian movement along the Main Streets. c. The facility is located to eliminate noise and odors beyond the property lines. F. PROHIBITED USES The following uses are prohibited in the Town Center: 1. Automotive services including gasoline sales, automotive. repair, bodywork, and automotive parts or vehicle retail. Rancho Marana West Town Center Specific Plan Amendment May 2008 2. Contractor yards. • 3. All types of warehousing. 4. Recreational vehicle or manufactured home parks. 6. Industrial uses. 7. Heavy equipment sales. 8. Recreational vehicle or boat storage. 9. Any commercial outdoor storage uses. 10. Other uses -Any use similar in nature and intensity: to a use listed within the above categories as determined by the Planning Director. G. GENERAL DEVELOPMENT STANDARDS Commercial and institutional development- will be subject to the requirements of the Commercial Design Standards in the Marana Land Development Code and subject further to the following standards: 1. Street Frontage • a. The building frontage along the Main Streets shall be as continuous as is practicable leaving spaces for normal vehicular and pedestrian access and other functional open space needs. b. Buildings along the Main Streets shall have entrance doors that are unlocked during normal business hours. 2. Sidewalk Maintenance a A licensing agreement that is applicable to the Town Center may be required to assure continuous and safe sidewalks.. The agreement. shall address maintenance, the property owner's options in sidewalk construction and integration with any existing sidewalks, safe walkways, and permitted display and use of walkway areas. b. Walkways connecting parking lots to the buildings and the Main Street shall be shaded, pedestrian friendly and safe. 3. Front Setback a. There shall be no setback for the first floor of building • frontage along any street. Rancho Marana West Town Center Specific Plan Amendment May 2008 • b. The first floor front setback may be increased and designed as an outdoor gathering area with the following criteria: 1) A shaded walkway that may be a colonnade, arcade, awning, pergola, first level floor overhang, recessed ground level floor and other similar design feature. 2) The shaded walkways may encroach into the front setback and will be provided along the building edge facing the main streets. 3) The continuity of shade structures can be interrupted for a structural reason, change in form, change in materials, and an aesthetic reason in such a way that the intent of apedestrian-oriented streetscape is not lost. c. Building upper floors (above first floor) may have zero minimum setbacks. 4. Side and Rear Setback a. For buildings with frontage along any street, no minimum side or rear setbacks are required provided minimum building -code requirements are met. • b. All buildings in the Town Center shall provide a landscape setback with a minimum of 25 feet from the property lines of existing residences located .adjacent to the Town. Center District with an increase of 1 foot of setback for each foot of height over 20 feet. c. .Sidewalk setbacks may be occupied by the first floor tenants provided a clear sidewalk is left which is at least six feet in width with no obstructions that may interfere with pedestrian movement or emergency functions. 5. Building Separation a. ~ A minimum of one pedestrian access shall be provided for every 150 feet of building frontage along the Main Streets for connections between the parking lots and the street. b. The pedestrian access shall be a minimum of 10 feet. c. The minimum distance between a principal building and an accessory building or two accessory buildings shall be per building and fire codes. 6. Building Height a. Maximum building height shall. not exceed 60 feet. FZancfio Marana West Town Center Specific Ptan Amendment May 2008 b. .Buildings along the Main Streets shall be at least 25 feet in • height and two stories. c. A tower, pole, cupola, dome or similar structure erected as an accessory building or feature to a principal building on a site may be increased to a maximum height of 75 feet. The feature or structure shall be subject to the following criteria: 1) The structure creates a varied appearance of height among a group of buildings within a development. 2) The structure provides a focal point from public spaces within the Town Center. 3) The structure provides a unique architectural feature among Town Center buildings. 7. Underground Utilities All exterior on-site utilities such as water lines, gas lines, sewer and drainage systems, electrical and telephone wires and equipment shall be installed and maintained underground. Necessary above ground utilities shall be screened by a visual barrier as approved by the Planning Director. H. ATTACHED RESIDENTIAL DEVELOPMENT STANDARDS • Residential development of attached and multi-dwellings will be subject to the foNowing standards: 1. Minimum site area shall be 5 acres. This area refers to the area encompassed by the development plan or subdivision plat. 2. Minimum site perimeter setbacks: All buildings shall provide a landscape setback with a minimum of 25 feet from the property lines of existing residences located adjacent to the Town Center District with an increase of 1 foot of setback- for each foot of height over 20 feet. 3. Maximum lot coverage: 75 percent. 4. Maximum building height: 40 feet. 5. Minimum common open space: 15 percent of the site excluding parking and driveway areas. The- open space includes common areas either landscaped or developed for recreation. 6. Minimum private open space per dwelling unit: 100 square feet for patios, 50 square feet for balconies. • Rancho Marana west Town Center Specific Plan Amendment May 2008 • 7. Minimum distance between principal buildings: per applicable building and fire codes. 1. DETACHED SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS Residential development of detached dwellings will be subject to the requirements of the Residential Design Standards in the Marana Land Development Code and subject further to the following standards: 1. Minimum lot area for each dwelling unit shall be 3,500 square feet. 2. Minimum lot width: 35 feet. 3. Minimum lot depth.: 75 feet. 4. Minimum front yard setback: ZO feet. Where front entry garages. are recessed 10 feet or more from the livable. portion of the dwelling, the front setback may be reduced to 10 feet except where garages open or .face directly onto an abutting street, in which case the garage setback shall be a minimum of 20 feet. A maximum of 50% of the lots may have a reduced setback. 5. Side yard setback: 5 feet,. 10 feet with a street side yard. Zero lot line siting of dwelling units is permitted subject to building and fire codes. -The setback for an attached patio structure that is open on three sides may be reduced to 5 feet. 6. Rear yard setback: 10 feet. The setback for an attached patio structure that is open on three sides may be reduced to 5 feet. 7. Alf buildings shall provide a landscape setback with a minimum of 25 feet from the property lines of existing residences located adjacent to the Town Center District with an increase of 1 foot of setback for each foot of height over 20 feet. 8. Maximum lot coverage: 75 percent. 9. Maximum building height: 25 feet. 10. Multi-story dwellings: No more than 60% of the dwellings may be two stories. 11. Minimum common open space: 15 percent of the site excluding parking. and driveway .areas. The open space includes common areas. either landscaped or developed for recreation. 12. Minimum distance between principal buildings: 10 feet. J. ACCESS AND TRAFFIC CONTROL STANDARDS Ranch° Marana West Town Center Specific Plan Amendment May 2008 1. Additional pedestrian access from the rear end. or from the side of the building is encouraged, if applicable. 2. Blocks shall have vehicular access limited to side streets. 3. All vehicular access shall be designed to locate parking in the rear of the development. 4. All facilities shall include adequate service and emergency access. When appropriate, pedestrian and .bicycle routes shalt be highlighted through use of special paving materials and textures. K. PARKING STANDARDS Unless mentioned herein, the Parking Standards in the Land Development Code shall govern the parking requirements. Some parking requirements are reduced to account for shared use of parking spaces and to minimize the impact of paved parking areas. 1. For purposes of the Town Center, a parking lot is defined as the parking area within a specific development plan. 2. Parking areasshall be located at the rear of the building. 3. No parking shall be permitted in the front of the building except on- • street parking. 4. Parking standards shall be as prescribed in the Land Development Code. 5. Off-street loading: Front, side or rear retail (customer) entrances shall also serve the dual purpose of service access for deliveries and other similar business necessities. 6. On street ..delivery shall be permitted only between 6 A.M. and 10 A.M. The use of streets and driving aisles for truck movement and parking for delivery shall take place between 6 A.M. and 10 A.M. and shall not be in conflict with regular movement of shoppers and business operations. 7. Individual Parking Plan An individual parking plan may be submitted to reduce the total spaces required by Town of Marana standards. provided the following standards are met: a. The .plan shall be reviewed and approved by the Planning Director and the Town Engineer. Rancho Marana West Town Center Specific Plan Amendment May 2008 • b. The plan .shall include a parking analysis for the development. c. On-street parking along the building .frontage may be included in the parking calculations. d. The plan shall document that the reduced parking wilt ensure sufficient parking. for the proposed uses. e. The plan does not cause traffic safety or operational problems. f. A future revision to land or building uses may require submittal of a revised plan or an increase in parking spaces. g. Covered. parking shall not be applied toward the total buildable area or building ground coverage. L. SIGN STANDARDS All sign locations and sign designs through a detailed review of a Planned Sign Program submittal that includes the following standards: 1. Sign requirements in the Land Development Code shall guide the • development of the Town Center sign plans. 2. No freestanding pole sign or ground monument sign is permitted for individual businesses or a development complex. 3. A maximum of two projecting signs are allowed for each .building facade of a retail establishment. 4. .All signs shall incorporate colors, textures, and building materials that complement the architectural theme of the principal building. 5. Signs shall be designed so as to allow safe pedestrian movement. 6. Signs shall be designed to keep the source of illumination not visible from nearby residential uses. Design examples include light being transmitted through translucent material that is not white, yellow or a similar highly reflective color, internally lit signs with an opaque background panel, and a neon sign using anon-white, low reflective color. M. STORAGE STANDARDS Open storage of equipment and materials is prohibited. Storage areas, • including areas. used for dumpster of private garbage facilities, shall be subject to standards. as follows: Rancho Marana West Town Center Specific Plan Amendment May 2008 1. Storage areas shall be screened from all streets and adjacent property. 2. The screening shall form a complete opaque screen up to a point eight feet in vertical height. Storage within the screened area may not exceed the height of the screen. 3. Screening material shall be compatible in color, texture, and material with the overall architectural design of the building. N. LANDSCAPING STANDARDS The landscaping plan for each site shall be reviewed for the appropriateness of the variety, mass, and size of plants. All landscape plans shall be subject to the requirements of the Marana Land Development Code and subject further to the following standards: 1. The landscaping plan for each development shall emphasize drought resistant plants, pedestrian friendly textures, and colorful groundcover elements. 2. All plants shall conform to the Rancho Marana West approved plant List. 3. The landscaping plan shall include water-harvesting features • whenever practicable. 4. All landscaped areas shall be irrigated and maintained in a well-kept condition in accordance with the Marana Land Development Code. 5. ~ A minimum ten foot buffer shall be placed against adjoining residential development and public rights-of--way. A combined perimeter buffer plan may be permitted with a joint written agreement between the development site developer and residential plat developer and approved by the Planning Director. 6. Parking lot landscaping shall be subject to the following standards: a. Landscaping planters no Tess than six feet wide shall be placed at the ends of parking rows to define driveways with at least one tree per parking aisle and appropriate shrubbery and groundcovers. b. Canopy trees shall be placed every eight parking stalls in planters having a minimum of four sides with no dimension less than six feet. c. When the placement of trees in the required location among • single or double row parking stalls is made impracticable by Rancho Marana West Town Center Specific Plan Amendment May 2008 • the location of a building, access area, drainage area or similar site constraint, the Planning Director may determine whether the required parking area trees may " be placed elsewhere on the site based on the approved landscaping plan. O. NOISE STANDARDS Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on mixed-use and adjacent residential properties. When appropriate, an acoustical analysis will be required as part of the plan review process. 1. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: a. Noise levels in excess of 55 decibels during the hours of 7:00 a.m. to 10:00 p.m. b. Noise levels excess of 45 decibels during the hours of 10:00 p.m. to 7:00 a.m. r 1 U • Rancho Marana west Town Center Specific Plan Amendment May 200& ~~wN na TOWN COUNCIL .>~. MEETING TOWN OF MARANA 9 n~AUa,NA ; INFORMATION gRIZOKp MEETING DATE: June 17, 2008 AGENDA ITEM: J. 3. b. TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2008-83: Relating to Development; approving and authorizing the Mayor to execute a development agreement with Marana Health Center, Inc. DISCUSSION This item brings forward for Town Council adoption the Marana Health Center development agreement presented for discussion at the June 3, 2008 Town Council meeting. For several months, staff has been in discussions with representatives of the Marana Health Cen- ter concerning a possible development agreement for the construction of Marana Health Center's new medical campus on Marana Main Street, across from the Marana Municipal Complex. At- tached for your consideration is a proposed development agreement, as prepared by Town staff. The key deal points are: 1. The Town will pay with existing discretionary funding the first $200,000 of building review and inspection fees for the project. To avoid arguments from other fee payers concerning re- distribution of the costs associated with the medical campus fees, these fees should not be waived. Town payment of the fees provides the same benefit to Marana Health Center as waiver. Any out-of-pocket Town costs and fees associated with outside or special reviews performed by non-Town employees are not included in the $200,000, and must be paid by Marana Health Center. 2. Marana Health Center must pay all other fees applicable to the project. Current fees include Town water infrastructure and water resources development impact fees, Town water meter fees, and Pima County sewer connection fees. 3. Marana Health Center is permitted to use any fill material from the Barnett Channel as nec- essary for the development of the site, provided that the excavation is done in a manner con- sistent with the ultimate Barnett Channel design and assuming that the material has not pre- viouslybeen removed for other projects. 4. In lieu of on-site detention and retention requirements, the project is permitted to drain into the Barnett Channel area, and to use the Barnett Channel area for retention/detention, subject to engineering and hydrology approval. Upon completion of the Barnett Channel project, any on-site retention and detention requirements will be satisfied by draining the site into the Barnett Channel. {oooo9s9o.noc i} 5. Marana Health Center will not be required to underground the Cortaro Marana Irrigation Dis- trict channel located along the north side of Barnett Road and along the south side of the medical campus site. If the channel is required to be undergrounded, the Town will be re- sponsible for those costs in connection with the Barnett Channel project. 6. The Town will provide regulatory-designed directional signage to the medical campus on Clark Farms Boulevard, Tangerine Farms Road, Marana Main Street, and Sandario Road, in a design consistent with the regulatory signs directing motorists to the Marana Municipal Complex, the Marana Police Headquarters, and the Marana Municipal Court. The medical campus site is part of the Town Center area that was removed from the 2005 Ran- cho Marana Specific Plan amendment in anticipation of a separate Town Center planning and specific plan amendment process being done for that area. The amendment to the Marana Spe- cific Plan dealing with the Town Center planning area is on tonight's Town Council agenda for consideration and adoption. Among other things, the amendment accommodates the Marana Health Center medical campus. If the Town Council adopts the Rancho Marana Specific Plan amendment this evening, staff re- quests that the Marana Health Center development agreement be adopted tonight as well. FINANCIAL IMPACT Direct financial impact is $200,000. However, according to the Marana Health Center represen- tative who spoke at the June 3 meeting, construction sales tax alone generated by the medical campus will significantly exceed this contribution. ATTACHMENT(S) Marana Health Center Development Agreement RECOMMENDATION Staff recommends adoption of Resolution No. 2008-83, approving and authorizing the Mayor to execute the Marana Health Center development agreement. SUGGESTED MOTION I move to adopt Resolution No. 2008-83. {00009590.DOC/} -2- FC/cds 6/11/2008 3:59 PM MARANA RESOLUTION N0.2008-83 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH MARANA HEALTH CENTER, INC. WHEREAS staff has been in discussions with representatives of the Marana Health Center concerning a possible development agreement for the construction of the Marana Health Center's new medical campus on Marana Main Street, across from the Marana Municipal Complex; and WHEREAS the Mayor and Council find that the terms and conditions of the Marana Health Center 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, that the development agreement between the Town of Marana and Marana Health Center, Inc. attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's .Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17a' day of June, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {oooovssv.DOCi} FJC/cds 6/11/2008 4: 01 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA This Development Agreement (this "Agreement") is entered into by and between the TowN OF MARANA, an Arizona municipal corporation (the "Town") and MARANA HEALTH CENTER, INC., an Arizona non-profit corporation (the "Health Center"). The Town and the Health Center are collectively referred to in this Agreement as the "Parties," and each is sometimes individually referred to as a "Party." RECITALS A. The Health Center is amulti-service health care clinic and community services center that has served rural and metro Marana and northwest Pima County for over 50 years. B. The Health Center currently owns and operates a medical facility located just north of Grier Road on Sandario Road. C. The Health Center has acquired a vacant parcel of property consisting of approximately 25.76 acres, located immediately west of the intersection of Marana Main Street and Civic Center Drive (the "Property"). D. The Health Center intends and desires to develop a new medical campus (the "Medical Campus") on the Property. E. The Property is located directly across the street from the Marana Municipal Complex, in an area known as the "Town Core," which is planned for high density downtown commercial and mixed-use pedestrian-oriented development. F. Establishing clearly defined expectations, rules and regulations is necessary to ensure that the Parties' vision for the ultimate development of the Medical Campus can be carried out as construction of the Medical Campus occurs in phases. over the course of many years. G. The Property is included in and subject to the provisions of the Rancho Marana Specific Plan, originally adopted February 6, 1990 by Ordinance No. 90.04, and amended on May 18, 1999 by Ordinance No. 99.13, on February 15, 2005 by Ordinance No. 2005.05, and on June 17, 2008 by Ordinance No. 2008.14. Collectively, these ordinances are referred to in this Agreement as the "Rancho Marana Specific Plan." H. The Property is legally described in Exhibit A attached to this Agreement. I. The Town and the Health Center desire to establish certain agreements pursuant to A.R.S. § 9-500.05 to facilitate development of the Medical Campus by providing for, among other things, the conditions, terms, restrictions, and requirements for development and public infrastructure. J. The Medical Campus will have a substantial positive economic impact on the Town because, among other things, (i) it will jump-start development in the Town Core, (ii) it will {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -1- assure that high-quality professional employment opportunities will continue to exist and will expand in the Town Core area, and (iii) the employees and the many and diverse clients. of the Health Center will be drawn to the commercial and housing opportunities in and near the Town Core. K. The short-term and long-term benefits of the development of the Medical Campus on the Property will offset and significantly outweigh the Town's financial obligations under this Agreement. L. The development of a Medical Campus on the Property is in compliance with the Town's adopted and approved General Plan (as defined in A.R.S. § 9-461). AGREEMENT Now, THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties agree as follows: ` Article 1. Background 1.1. Incorporation of the Recitals. The foregoing .Recitals are incorporated here by this reference. 1.2. Proposed Uses. The Medical Campus will consist of medical and dental clinics, a behavioral health center, a pharmacy, administrative offices, and accessory supporting uses including but not limited to dining facilities and shops. Exhibit B attached to this Agreement is a conceptual description of the master site plan for the Medical Campus. 1.3. Definitions. The following definitions shall apply to this Agreement: 1.3.1. "Development Regulations" is defined in paragraph 2.1 below. 1.3.2. The "Medical Campus" is defined in recital D above, conceptually described in Exhibit B attached to this Agreement. 1.3.3. The "Property" is defined in recital C above and described in Exhibit A attached to this Agreement. 1.3.4. "Rancho Marana Specific Plan" is defined in recital G above. Article 2. Development of the Property. 2.1. Development Regulations. The development of the Property shall be governed by the Rancho Marana Specific Plan, as clarified and supplemented by this Agreement. The Marana Development Code, including the written rules, regulations, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the effective date of this Agreement shall apply to the extent not covered by the Rancho Marana Specific Plan or this Agreement. In the event of any express conflict, the terms of this Agreement and the Rancho Marana Specific Plan shall control over the Marana Development Code. The requirements of this paragraph are collectively referred to as the "Development Regulations." 2.2. Development. Review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Health Center's compliance with the applicable development review and {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -2- approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the development of the Medical Campus as maybe requested by the Health Center. 2.3. Barnett Channel Dirt. The Health Center may at its own cost and using its own contractor excavate dirt from the Barnett Channel for use on the Property in connection with the development of the Medical Campus, provided that the excavation is consistent with the ultimate design of the Barnett Channel and has not previously been excavated. The. Health Center shall demonstrate to the satisfaction of the Town Engineer that the resulting pit will drain within 36 hours. 2.4. Retention/Detention. In lieu of on-site detention and retention requirements, the Medical Campus shall be permitted to drain into the Barnett Channel area, and to use the Barnett Channel area for retention/detention, subject to engineering and hydrology approval. Upon completion of the Town's Barnett Channel project, any on-site retention and detention requirements will be satisfied by draining the site into the Barnett Channel. 2.5. CMID Channel. Any undergrounding or modification of the CMID channel that lies between the Property and the future Barnett Channel shall occur at no cost to the Health Center. This paragraph does not create an affirmative Town obligation to modify or underground the CMID channel. 2.6. Directional Signage. The Town will install and maintain directional signage to the Medical Campus from future Clark Farms Road, Tangerine Farms Road, Marana Main .Street and Sandario Road in a design consistent with the signs directing motorists to the Marana Town Hall and Marana Municipal Court. 2.7. Bill Gaudette Road. The Health Center shall dedicate to the Town at no cost that portion of the right-of--way that lies within the Property for the road linking Marana Road to Sandario Road (identified in previous documents as "Bill Gaudette Road"). Bill Gaudette Road is anticipated to have a 62-foot wide right-of--way and to be constructed by third parties, as described in the Amendment to Real Estate Exchange and Development Agreement recorded in the Pima County Recorder's office at Docket 12846, Page 4712. Article 3. Fees 3.1. Obligation for Payment of Existing_Fees. The Health Center shall be required to pay all fees that are in place as of the date of this Agreement, including the following: 3.1.1. The Gravity Storage and Renewable Water Resource Fee and the Water System Infrastructure Impact Fee, adopted by Marana Ordinance No. 2005.25, including any increases in those fees as maybe adopted from time to time. 3.1.2. The Santa Cruz Levee Fee adopted by Marana Ordinance No. 99.02. 3.1.3. Pima County sewer connection fees, and any other fees adopted by entities other than the Town. 3.1.4. Town building, grading, and other existing development-related fees, including any increases in those fees as maybe adopted from time to time, to the extent they exceed or are not covered by the Town contribution set forth in paragraph 3.3 below. {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -3- 3.2. Other Fees. No new Town surcharge, development fees or impact fees, exactions or impositions of any kind whatsoever for water, sewer, utilities, streets or other transportation systems, parks, preserves, storm sewers, flood control, public safety or other public services or any other infrastructure cost or expense shall be chargeable to the Health Center or to any owner, lessee or occupant of the Medical Campus during the term of this Agreement. 3.3. Town Contribution of Buildin Fees. The Town shall pay the first $200,000 of building, grading, and other existing development-related fees applicable to the construction of the Medical Campus. Any out-of-pocket Town costs and fees associated with outside or special reviews performed by non-Town employees are not included in the $200,000, and must be paid by the Health Center. Article 4. Cooperation and Alternative Dispute Resolution. 4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the development of the Medical Campus, the Town and the Health Center each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Health Center. The initial representative for the Town (the "Town Representative") shall be the Planning Director, and the initial representative for the Health Center shall be Clarence Vatne or a replacement to be selected by the Health Center. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Medical Campus. 4.2. Non-Performance; Remedies. If either Party does not perform under this Agreement (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party") shall be entitled to give written notice in the manner prescribed. in paragraph 5.28 below to the Non-Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non-Performing Party shall then have (i) twenty days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the non-performance if action other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this Article. The Parties agree that due to the size, nature and scope of the development of the Medical Campus, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Health Center's development and improvement work, once. implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, remedies, or causes of action that either Party may have at law or in equity. 4.3. Mediation. If there is a dispute under. this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -4- commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Health Center and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Health Center shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Health Center. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 4.4. Arbitration. After mediation, as provided for in this Article, any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) maybe entered in a court having jurisdiction. Article 5. General Terms and Conditions. 5.1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the seventh anniversary of the Effective Date. If the Parties determine that a longer period is .necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. 5.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Health Center of the non-performance of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 5.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any non-performance of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 4.4 above, requiring disputes to be resolved by binding arbitration. 5.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from the counterparts and attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5.5. Headings. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 5.6. Recitals. The recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here by reference. {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -5- 5.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 5.8. Further Acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other. necessary approvals relating to the development of the Medical Campus. 5.9. Time Essence. Time is of the essence of each and every obligation by the Town and Health Center under this Agreement. 5.10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties pursuant to A.R.S. § 9-500.05 (D). 5.11. Lender Provisions. Notwithstanding paragraph 5.10 above, the Town is aware that financing for development, construction, and operation of the Medical Campus may be provided, in whole or in part, from time to time, by one or more third parties (collectively, "Lender"), and that Lender may request a collateral assignment of this. Agreement as part of its collateral for its loan to Health Center. The Town agrees that such collateral assignments are permissible without the consent of the Town. In the event of non-performance by Health Center, the Town shall provide notice of non-performance to any Lender previously identified in writing to the Town at the same time notice is provided to Health Center. If a Lender is permitted under the terms of its agreement with Health Center to cure the non-performance and/or to assume Health Center's position with respect to this Agreement, the Town agrees to recognize the rights of Lender and to otherwise permit Lender to assume such rights and obligations of Health Center under this Agreement. Nothing contained in this Agreement shall be deemed to prohibit, restrict, or limit in any way the right of a Lender to take title to all or any portion of the Property, pursuant to a foreclosure proceeding, trustee's sale, or deed in lieu of foreclosure. The Town shall, at any time upon request by Health Center or Lender, provide to any Lender an estoppel certificate, acknowledgement of collateral assignment, or other document evidencing that this Agreement is in full force and effect, that it has not been amended or modified (or, if appropriate, specifying the amendment or modification), and that no non-performance by Health Center exists under this Agreement (or, if appropriate, specifying the nature and duration of any existing non- performance) and certifying to such other matters reasonably requested by Health Center or Lender. Upon request by a Lender, the Town will enter into a separate assumption or similar agreement with the Lender consistent with the provisions of this paragraph. 5.12. No Partnershib. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Health Center and the Town. 5.13. Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. This Agreement is made and entered into for the sole protection and benefit of the Parties and their permitted assigns, and no person other than the Parties and their permitted assigns shall have any right of action based upon any provision of this Agreement. {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -6- 5.14. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 5.15. Imposition of Dut,~,~. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it bylaw. 5.16. Entire Agreement. This Agreement, including the attached exhibits, constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 5.17. Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 5.18. Names and Plans. Subject to customary reservations by the architects and other design professionals of copyrights to plans and specifications, the Health Center shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Health Center in connection with the Property. 5.19. Good Standing; Authority. The Health Center represents and warrants to the Town that it is duly formed and validly existing under the laws of the state of Arizona. The Town represents and warrants to the Health Center that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 5.20. Severability. If any provision of this Agreement is declared illegal, invalid or unenforceable, in whole or in part, under present or future laws, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. In lieu of the illegal, invalid or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to the illegal, invalid, or unenforceable provisions as may be possible and still be legal, valid, and enforceable, and this Agreement shall be deemed reformed accordingly. 5.21. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 4.4 above, requiring disputes to be resolved by binding arbitration. 5.22. Interpretation. This Agreement has been negotiated by the Town and the Health Center, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -7- 5.23. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Health Center. 5.24. No Health Center Representations. Nothing contained in this Agreement shall be deemed to obligate the Town or the Health Center to commence or complete any part or all of the development of the Medical Campus. 5.25. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 5.26. Force Majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute an event of non-performance under this Agreement so long as such Party shall use its commercially reasonable efforts to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure" as used in this paragraph means any condition or event not reasonably within the control of such Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies;. orders or restraints of any kind of government of the United States or any state or subdivision thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes;. storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is, in the judgment of such Party, unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 5.27. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 5.28. Notices and Filings. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally, sent via overnight national courier, or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town Manager Town of Marana Marana Municipal Complex 11555 West Civic Center Drive, A3 Marana, Arizona 85653 To the Health Center: Clarence G. Vatne, Executive Director MARANA HEALTH CENTER, INC. 13644 North Sandario Road Marana, Arizona 85653 [Remainder of page intentionally left blank.] {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -8- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TowN: THE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA SS County of Pima ) HEALTH CENTER: MARANA HEALTH CENTER, INC., an Arizona non-profit corporation By: Clarence G. Vatne, Executive Director Date: The foregoing instrument was acknowledged before me on , 2008 by Clarence G. Vatne, Executive Director of MARANA HEALTH CENTER, INC., an Arizona non- profit corporation, on behalf of the corporation. My commission expires: Notary Public (00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -9- LIST OF EXHIBITS A. Legal description of the Property B. Conceptual description of the master site plan for the Medical Campus {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT -10- Exx~iT A Legal description of the Property {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT EXHIBIT A Exxisrr B Conceptual description of the master site plan for the Medical Campus {00008112.DOC / 4} 6/11/2008 4:03 PM MARANA HEALTH CENTER DEVELOPMENT AGREEMENT EXHIBIT B 1 '~ ~~... ~~ `- '+~a. tMs` _.~ '~ 4 % .~ ~ ar -~~ ...._ ''z". `v~ ~~ ~ ~~ [~? ~~ 1 ~ .z ~ :. 1 ~8 Vii, y ,i ~~ ~ ~F - -- r ~~ ~._.~ I ~ 1 /'~ S ~ ~ ,YM~ t' k~ ~ ~ _. °' r ~...~.~f r z ~ ~ s~~ ~ h ~~ i f ti~ 4r r'.i,~ i ~'\ '~~ f ~ ? ~' t ~ 1 #'r: ~ t ~. M ~ ~ ~ ~q ~ iC. i V(}!F[[ s { AM S i Ylw { t $. U~~f' F id°:~ (~~;7 i 1 ;, 9 0 a v N p ... p IOWN OF TOWN COUNCIL MEETING TOWN OF MARANA v MAIZANA INFORMATION gk1ZONa MEETING DATE: June 17, 2008 AGENDA ITEM: J. 4 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-84: Relating to Development; approving and authorizing a preliminary plat for Camino de Vaquero, Lots 1-24 and Common Area `A' (private street). DISCUSSION History and Request The applicant is requesting approval of a preliminary plat fora 24-lot single-family subdivision, comprising Lots 1-24 and Common Area `A' (private street). The preliminary plat was presented to the Planning Commission on May 28, 2008. The Commission recommended approval to the Town Council by a vote of 4-3, with Commissioners Fogel, Winger, and Le Page-Wood dissenting. On January 21, 2003, the Mayor and Town Council adopted amended Ordinance No. 2002.18 to abandon the Hartman Hills Specific Plan, and rezone the area to "R-36" (Residential, 36,000 square feet minimum lot size). The approved rezoning encompassed approximately 19 acres of the 28.44 acres contained within this preliminary plat application. Additionally, on December 20, 2005 the Mayor and Town Council adopted Ordinance No. 2005.28, approving a rezoning for Camino de Vaquero, approximately 18.54 acres from Zone "C" (Large Lot Zone) to "R-36" (Residential, 36,000 square feet minimum lot size). Approximately 9.5 acres of the 18.54 acres rezoned is contained within this proposed preliminary plat. Location The proposed subdivision is located on the northwest side of Camino de Manana, approximately 1/4 mile north of Lambert Lane, east of Decker Drive. Proiect Descriution The applicant is requesting preliminary plat approval of a 24-lot single-family subdivision, comprising Lots 1-24 and Common Area "A" (private street). The Camino de Vaquero project contains a gross area of 28.44 acres prior to right-of--way dedication for the Dove Mountain Extension / Camino de Manana realignment and Blue Bonnet Road. The preliminary plat proposes 24 single-family lots ranging in size from 36,000 square feet (Lot 14) to 54,593 square feet (Lot 15). The average lot size proposed is 42,107 square feet. Current zoning of the property is "R-36". Total site disturbance for the Camino de Vaquero project will be limited to 30% exclusive of the dedications associated with the major roadways. After public right-of--way dedications, the resulting net site area will be 24.78 acres. Thirty percent of this area, less the 061708 PRV-07049 Camino de Vaquero PP TC -1- common area and easement for the private. access and drainage spillways, will yield building envelopes averaging 10,024 square feet per lot. The on-site sewage disposal systems may be constructed outside of the building envelopes and will not be counted as disturbance; however, all such disturbance shall be re-vegetated with native plants prior to the final inspection of the construction of each respective residence. The applicant is currently processing a Native Plant Permit for the project, which will be completed prior to any site disturbance. Access and Circulation The primary access for the proposed subdivision is a private, gated, access located off of Decker Drive along the west subdivision boundary. The roadway will include a 28-foot wide entrance into a roundabout and transition to a 24-foot wide (back of curb to back of curb) street section within a 36-foot wide common area. Due to the narrow roadway width, Northwest Fire has precluded parking on both sides of the street and will require standard signage. The homeowners association will be responsible for parking enforcement. Given this restriction, each lot must provide four additional parking spaces to accommodate guest parking. A note.. stating such has be added to the original mylar of the preliminary plat. Asecondary/ emergency access will be provided via a 20-foot wide emergency access and public utility easement located between Lots 13 and 14. The access will be constructed of a stabilized surface and will be equipped with a security gate accessible by emergency service personnel. The applicant will be dedicating, by separate- instrument, the necessary right-of--way adjacent to this development for the Dove Mountain Extension / Camino de Manana realignment, as well as for Blue Bonnet Road. Approximately 3.49 acres will be dedicated to the Town for the Dove Mountain Extension and an area of approximately .17 acres will be dedicated for Blue Bonnet Road. The Applicant submitted a request for a Design Exception from the Subdivision Street Standards related to the maximum length of a cul-de-sac and the minimum width for a local private street section. The Planning Commission heard the request at their regular meeting held on May 28, 2008. The request was approved by a vote of 4-3, with Commissioners Fogel, Winger, and Le Page-Wood dissenting. Infrastructure The development is proposed to be served water by .the Town of Marana. The developer is currently in discussions with the Town of Marana, as well as other development entities in the area to plan for adequate service and meeting an assured water supply. Evidence of an assured water supply must be submitted and accepted by the Town prior to approval of a final plat. A water service agreement with the Town. of Marana and an agreement for construction of facilities under private contract must be obtained before any water utilities are installed within the subdivision. The development is proposed to be served by individual on-site sewage disposal systems. The nearest point of possible connection to the public sewer system is roughly 2.0 miles southwest of the project area. Acost/benefit analysis performed by the owner's consultant estimated off-site sewer infrastructure costs to total approximately $2 million. All surface disturbance associated with the installation of the on-site disposal systems will be re-vegetated with native plants. 061708 PRV-07049 Camino de Vaquero PP TC Parks. Recreation and Trails The developer is not required to provide any improved on-site recreation areas due to the fact that this subdivision consists of less than 50 residential units (per Marana Land Development Code, Section 06.03.02.I.1). It has been required by the Town that the development includes a preservation easement of varying width to be granted via the final plat along rear portions of Lots 14 through 23, as well as on Lots 4, 5, and 7 through 12. Additionally, a natural desert buffer varying in width between 20 feet and 40 feet will be provided around the entire perimeter of the proposed subdivision. Impact Fees The developer will be required to pay all applicable park and transportation development impact fees at the time of building permit issuance. The impact fees of the Northeast Transportation Impact Fee Area become effective July 1, 2008. ATTACHMENTS Application, location map, and preliminary plat reduction. RECOMMENDATION Staff has reviewed the application for compliance with Marana Amended Ordinance No. 2002.18, adopted by the Mayor and Town Council on January 21, 2003, Marana Ordinance 2005.28, adopted by the mayor and Town Council on December 20, 2005, the Marana Land Development Code and the Marana General Plan. The proposed preliminary plat is in substantial conformance with all required development regulations and the approved Design Exception. Staff recommends approval with the following conditions: 1. All public rights-of--way associated with this project, including roadway dedications, easements, etc. shall be dedicated by separate instrument within 90 days upon demand by the Town. 2. The project area contains potential foraging habitat for the listed endangered Lesser Long- Nosed Bat. Due to the potential presence of jurisdictional washes on-site, the Town of Marana will not issue a grading permit until it is confirmed that the washes are not jurisdictional. If washes are jurisdictional and will be impacted by development, consultation for the Lesser Long-Nosed Bat maybe required as part of the 404 permitting process and prior to grading permit issuance. The Town of Marana shall be provided with a copy of the approved jurisdictional delineation and applicable Section 404 permit once received. 3. If the Corps of Engineers takes jurisdiction of this project and requires further archaeological work, a grading permit will not be issued by the Town of Marana until the work has been completed and the Corps issues its approval for ground disturbance. SUGGESTED MOTION I move to approve Resolution No. 2008-84, subject to stafFs recommended conditions. 061708 PRV-07049 Camino de Vaquero PP TC MARANA RESOLUTION N0.2008-84 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR CAMINO DE VAQUERO, LOTS 1-24 AND COMMON AREA `A' (PRIVATE STREET). WHEREAS, Floerchinger, Sadler, Steele and Baker, Inc., representing the property owner, Richard Neter, has applied for approval of a preliminary plat fora 24-lot single-family residential subdivision on 28.44 acres, including lots 1 through 24 and Common Area "A" (private street), and generally located on the northwest side of Camino de Manana, approximately .25 miles north of Lambert Lane, east of Decker Drive within a portion of the southeast quarter of Section 11, Township 12 South, Range 12 East; and WHEREAS, the Marana Planning Commission at their regular meeting held on May 28, 2008, voted 4-3, with Commissioners Fogel, Winger, and Le Page-Wood dissenting, to recommend that the Town Council approve said preliminary plat; AND WHEREAS, the Marana Town Council, at their regular meeting on June 17, 2008, determined that the Camino de Vaquero Preliminary Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Camino de Vaquero Preliminary Plat is hereby approved subject to the following conditions: 1. All publicrights-of--way associated with this project, including roadway dedications, easements, etc. shall be dedicated by separate instrument within 90 days upon demand by the Town. 2. The project area contains potential foraging habitat for the listed endangered Lesser Long- Nosed Bat. Due to the potential presence of jurisdictional washes on-site, the Town of Marana will not issue a grading permit until it is confirmed that the washes are not jurisdictional. If washes are jurisdictional and will be impacted by development, consultation for the Lesser Long-Nosed Bat may be required as part of the 404 permitting process and prior to grading permit issuance. The Town of Marana shall be provided a copy of the approved jurisdictional delineation and applicable Section 404 permit once received. 3. If the Corps of Engineers takes jurisdiction of this project and requires further archaeological work, a grading permit will not be issued by the Town of Marana until the work has been completed and the Corps issues its approval for ground disturbance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17~' day of June, 2008. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • ~~~ MARAN ..~~.F ~~~~ TOWN OF MARANA planning Department 11555 W. Civic Center Dr. Marana AZ 85653 (520)382-2600 Fax: (520)382-2639 PLANNING_&_ ZONING APPLICATION _ _ _ _ __ __ __ _-- _ --- -_ - - - - t . TI'F'F_OF APPLICATION {Check One) Plat o General Plan Amendment o Variance Preliminary o Conditional Use Peirnit o Final Plat o Specific Plan Amendment o Rezone/S cific Plan o Other o Development Plan ~ o Landscape Plan o Significant Land Use Change o Native Plant Permit o Minor Land Division 2. GF^TER ~L DA7 A RECJIIIRFD _- - _______ _` - General Plan. signa ion Assessor's Parcel Number(s) 21to-,~~ - Q,.l ~ ~.~~~ ~ _ 0~6 ~ (robe eaifumed b staff) Gross Area (Acre/Sq. Ft.) Current Zoning ~-3{e 2 ~j , ~~ PL . (To be confirmed b staff} Development/ProjectNarne Proposed Zoning C,pt~')tt-~o clle ~PQ~~-s~ Project Location ~ , ~, j ~ ~ 5~~, 11 ~ 'T:12 S, 'Q-1.2 £ - DescriptionofProject S1i-X'aL'£ F~~1L~1 ~7~G13t'~ ~~51~~~~1' S~~V1S1~r-~ Property Owner ~ ~ypQ~ t-~ ~`rC ~ Street Address t O ej 1 ~ t~ • gP0 Ab~~' fly' x Number E-Mail Address F City State Zip Code Phone Number a Phone Number Contact Person Applicant ~1-~~i MGR. ~~-~` -' ~E1~E • $l~~Et2 ~ '!~•1C- Street Address 7~ ~ ~-~ ~~ j Phone Number il Fax Number City State TucsA-~ !sue Zip Code $S'to1 t~2~.~1~ c~2$.13°i5 ~ ~~~' ~ `~ $ _ Phone Number Contact Person ~~~A~LJO~ Agent/Representative Street Address State Zip Code Phone Number E-Mail Address Fax Number City Town of Marana Contact Person Business License No. ~ ~ -- - ~- -- - ~ 3 AI?"I`HOI21G~~TION OF PROPERTY' OWNFR ____ _ ___ ___ _._-- 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 to file this application and checklist. (If not owner of h e owner owner of the property or that I have been authorized in writing by t ~; record, attach written authorization from the owner.) °, / I ~l(C,1,11 ~ Si tore ~-Pnn~t 'N`ame of A licant/ ent Date i ~ r~s~t8ci !~~ ~'~V- ~'7G~Iq doc tion li \A . ca pp X:\SHARED FILES\Review Checklist Ma~2 ~ . ~ .~- fJ(~U-~?os-o~~ • • Approval of a preliminary plat for asingle-family residential subdivision including Lots 1-24 and Common Area 'A' (private street). Data Disclaimer. The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the use or modification of the data. Request o sso 1700 ft. • • • ..- w N N ~'p q N W O o>' V P(tM CAUNTY ~~ TOWN AF MARANA i c J ~ V ~ Ol , ` to ~ J ~ ~ 3 - ., I I I ( I I I I 4 tl ~a ~~ m "~ O z z m '~ a A ~- a ~' 0 ~ a N .a ''...,~ \,~N N W ~~#. p (~ g m~ N ~NO ~.\ $ ~p p~rp )\, ,~ o GCC W w ~ `~ a11°' i 'q ~ ~~' N ', i QQ m ~'~. .. An ~T ?p~ i ~" ~.. ..... ~ ......,... 4... rr / ~, ~ N l (° O Q ,mod .. _. Future s a m~ ~ -...., _. ~.,._ Future Camino de Manana Blue ~ ~ - .~aN'r• aQ ~• - - - - -~onnet sol•29~1TE 22601 , ,.501°29'19"C 10t1.65~ 3 ~-~... ~ Fi 41,x" ~ ~~'~ a~ ..._. _..... ., d ,: . ............ Road „~ __ ~ a °' ~ ~' ~ ~ :~ ~~~ ~ -• ;~oCD ~ ~" ~ A r , ~s O ~ ~ ~ ~ Y'~'^ } N~ t 2 Q~ t' I4rn ~ 2 ~ ~ Z N \1~• \~ Gn 01 N2 t V~ 3 -I ? 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S A d d R I as aN .~ - ~ ~ ~n T s gn m "'~ N N I 2 N N O O 1 ~O r rnz rn e ~~~ d~ $ ~~ 0 ~~a u ~w ~ U~ ~ ~ 9 $~ ~~ ~ ~ ~., G ~ ~s, fb z0 c ~s~og ~O _~~i ~?9~~~~a 5~ ~~~~I 5~~~ ~ °' ~a~ ?mow d 3€ ~ ~b ~a~~ ~~~~ 5• `" N ~~ ~r ~~~: ~'9 i' i~t+ ~ OWN OF TOWN COUNCIL MEETING TOWN OF MARANA 9 M~i~ANn ; INFORMATION _' ^~kIZONP MEETING DATE: June 17, 2008 AGENDA ITEM: J. 5 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: Resolution No. 2008-85: Relating to Development; approving and authorizing a preliminary plat for Gladden Farms II Blocks 35 & 39. DISCUSSION Request The applicant requests preliminary plat approval fora 206-lot single family detached home subdivision on approximately 70.11 acres within the Gladden Farms II development. Location The proposed subdivision will be located in Blocks 35 & 39 of the Gladden Farms II block plat at the northwest corner of Tangerine Farms Road and Midfield Road. Zoning and Builder Information The zoning for Blocks 35 & 39 is F (Specific Plan -Gladden Farms II). The land use designation for Block 35 is SFD-8 (single family detached - 8,000 square foot minimum lot size). The minimum lot size within Block 35 is 8,510 square feet (lot 112) with an average lot size of 9,136 square feet. The. land use designation for Block 39 is SFD-7 (single family detached - 7,000 square foot minimum lot size). The minimum lot size within Block 39 is 7,292 square feet (lot 10) with an average lot size of 7,776 square feet. Forest City Land Group does not yet have a builder for this subdivision. Once a builder has committed to this block, staff will review the proposed floor plans and elevations for conformance with the adopted residential design standards and those within the Gladden Farms II Specific Plan. Transportation and Trail Connectivity All roads are proposed to be public. This project will have one access from each block (for a total of two) from Midfield Road. There is also internal vehicular access to Block 30 to the north. Blocks 22 & 24 to the west in the original Gladden Farms .development can be accessed from Benz Drive and Blocks 18 & 20 from Street M. The typical street section is a 46 foot wide right-of--way, with 32 feet of pavement. The entry street section is a 60 foot wide right-of--way with a divided entry and 20 feet of pavement on the ingress and 16 feet of pavement on the egress. 061708 PRV-07084 Gladden Farms II Block 35 & 39 PP TC This subdivision provides pedestrian trail access to Tangerine Farms Road to the south, the original Gladden Farms development to the west, Block 30 to the north as well as to Midfield Road to the east. Park Reauirements and Impact Fee Area Blocks 35 & 39 require a minimum of 38,110 square feet of improved recreation area. The active recreation area has been planned for a portion of Common Area "B-4", which is located west of the entrance into Block 39. The builder will be responsible for all applicable park, bank protection and transportation impact fees along with a voluntary school contribution of $1,200 per unit, payable at building permit Issuance. ATTACHMENTS Application, location map and plat reduction RECOMMENDATION Staff has reviewed the request against the requirements of the Marana Land Development Code and the Gladden Farms II Specific Plan and development agreement: This preliminary plat is in conformance with all required development regulations and design guidelines. SUGGESTED MOTION I move to approve Resolution No. 2008-85. 061708 PRV-07084 Gladden Farms II Block 35 & 39 PP TC MARANA RESOLUTION N0.2008-85 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A PRELIMINARY PLAT FOR GLADDEN FARMS II BLOCKS 35 & 39. WHEREAS, on May 16, 2007, the Town of Marana adopted Resolution No. 2007-75, approving the final block plat for Gladden Farms Blocks 26-43, Book 62 Page 64; and WHEREAS, Forrest City Land Group, the owner of Gladden Farms Blocks 35 & 39, has applied for approval of a preliminary plat fora 206-lot single-family home subdivision on 70.11 acres, including lots 1 through 206, Blocks A, B, and C and common areas "A-1' ="A-17" and "B-1"-"B-10", and is generally located at the northwest corner of Tangerine Farms Road and Midfield Road ,within Section 35, Township 11 South, Range 11 East; and WHEREAS, the Marana Town Council, at their regular meeting on June 17, 2008, determined that the Gladden Farms II Blocks 35 & 39 preliminary plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Gladden Farms II Blocks 35 & 39 preliminary plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17a' day of June, 2008. ATTEST: Jocelyn C. Bronson Town Clerk Ed Honea, Mayor APPROVED AS TO FORM: Frank Cassidy, Town Attorney i , ~~~ MARANA ••••/t\ .~ ~~ b ~.~ TOWN OF MARANA Planning Department t 155 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION I. TYPE OF APPLICATION-(Check onej, X Preliminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment a Conditional Use Permit o Development Plan o Rezone/Specific Plan a Other o Landscape Plan o .Significant Land Use Change o Native Plant Permit o Minor Land Division 2. GENERAL DATA REQUIRED ' ': Assessor's Parcet Number(s) General Plan Designation 217 - 5 4- 010 F To be confirmed b staf e d. D e n s i t Res . Gross Area (Acre/Sq. Ft.) Current Zoning 7 0.11 AC 3 0 5 3 9 9 (To be confirmed by staff) F SFD- 7 SFD- 8 Devetopment/Project Name Proposed Zoning 1 Project Location B 1 s & Description. of Project Res i (~211t1 a i Property Owner Forest Cit La d Street. Address 33 E City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85705 520 888- 6 tact Person Phone Number Jimm Gaulin 520 888-3962 Applicant Same as ro ert owner Street Address Same a o City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number Agent/Representati ve Rick E i i Street Address 1745 E. River Road S i 101 City State Zip Code Phone Number Fax Number E-Mail Address mhromatka@ri Tucson AZ .85718 520 795-1000 520 2- engineering. Contact Person Town of Marana Mirela Hromatka Business License No. 3. AUTHORIZATION OF PROPERTY OWNER 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 fete this application and checklist. (If not owner of record attach written authorization from the owner.) - ~ ~~~ ~~" ~ ~ , ~ s ~~iC~~Q ~ ~~C.~~ ~ ~~ J ~. ~~,Q? ~1~`" Mirela Hromatka "'-" Print Name of A licant/A ent Si nature Date \SHARED FILES\Review Checklist\Application.doc Ma., ~nn5 f~ i ;k :om • • • N N L N N N ~+ + + + + •~ + W - V OI YI #. 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Council members serving on the sub-committee are Carol McGorray, Russell Clanagan and Roxanne Ziegler. A total of 16 individuals applied for the position, and 14 of those met the minimum qualifications estab- lished bythe council at its May 13, 2008 meeting. The council is scheduled to discuss the candi- dates' qualifications in Executive Session on June 17, 2008 and then direct staff in the public session to contact those candidates who have been selected for an interview. Candidate inter- view are currently scheduled for the June 24, 2008 council meeting. RECOMMENDATIONS Council's pleasure. SUGGESTED MOTION I move that staff contact the selected candidates for interviews and to initiate the reference check and background process. The candidates selected for interview are: (to be determined during Executive Session). {00008536.DOC /} 3/26/2008 6:15 PM FJC ~(w''N OF TOWN COUNCIL .~ MEETING TOWN OF MARANA 9 A~zaN,a ; INFORMATION . "~'` gRl[c7NP MEETING DATE: June 17, 2008 AGENDA ITEM: L. 1 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: Resolution No. 2008-86: Relating to Mayor and Council; establishing the compensation of the elective officers of the town; and designating effective dates. DISCUSSION Members of the public and elected officials requested that a review of Mayor and Council compensation be conducted in recognition of the increasing responsibilities held by these elected offices. On April 1, 2008, Mayor and Council authorized and appointed six community members to a Citizen's Task Force to review Mayor and Council compensation. The members of this Task Force are Thom Cope, .David Morales, Larry Steckler, Jack Noble, Clay Parsons, and Dan Sullivan. The Task Force selected David Morales as the Chair and met on April 14 and 21, 2008 to review data and develop recommendations. The Task Force reviewed several elements of compensation including Mayor and Council annual salaries, vehicle allowances, and cellular telephone allowances. Below is a summary of current monthly Mayor and Council compensation: Salary Cell Phone Vehicle Total Mayor: $950 $80 $125 $1,155 Vice Mayor: $750 $80 $125 $955 Council Members: $750 $80 $125 $955 The Task Force compared current compensation for similar-sized Arizona municipalities using data from a League of Arizona Cities and Towns compensation survey completed in October 2007. Two. cities were used for comparison purposes and the monthly data is as follows: Salary Cell Phone Vehicle Total El Mirage Mayor: $2,230 $0 $0 $2,230 El Mirage Council: $1,170 $0 $0 $1,170 Buckeye Mayor $1,750 $0 $0 $1,750 Buckeye Council $1,200 $0 $0 $1,200 The Task Force also contacted the Marana .Mayor and Council to determine their workload. Specifically, the following questions were asked of each elected official: {00009558.RTF/} • How many hours a week, on average, do you commit to Town Council activities (meetings, events, programs, time spent in your office)? • What is your average monthly car mileage going to and from Town activities? • Do you have any out-of-pocket expenses for which you do not ask the Town for reimbursement? The Task Force learned that all council members, other than the Mayor, commit approximately 10-15 hours a week or more to Town Council activities. In addition, vehicle allowances are being consumed earlier in the month than planned as allowances have not been indexed regularly to match current market fuel prices. Furthermore, Council members were found. to have out-of- pocket expenses for which they do not seek reimbursement. As a point of comparison, Task Force members also analyzed the Council members' hourly wages and compared these wages to the lowest classification of employment with the Town. Town employees in the range 24 category receive a wage of $9.72-14.08 an hour. Task Force members noted that Council members committing at least 30 hours a week to Town-related business receive the equivalent of $6.25 per hour. The Task Force thus concluded that the current Mayor and Council compensation packages are insufficient. TASK FORCE RECOMMENDATIONS After two meetings, the Task Force reached consensus that the Mayor and Council compensation should be increased to reflect the responsibilities of these offices- in a growing and mature community. Regarding salary, the Task Force recommends an increase in the Mayor's annual salary to $21,000 ($1,750 per month) and an increase in Council member annual salaries to $16,400 ($1,367 per month). The Task Force noted that Council member salaries are 78 percent of the Mayor's salary and recommends keeping this ratio. Regarding phone and vehicle compensation, the Task Force recommends that the Town purchase a town vehicle for the Mayor for official business use, in lieu of a vehicle allowance. Additionally, it is recommended that the mileage allowance for Council members be established at $250 per month, or the same rate as that which is provided for department heads. The Task Force recommends that the Vice Mayor receive a 10 percent increase over the $250 vehicle allowance, for a monthly vehicle allowance of $275. It is finally recommended that the Mayor and Council members receive an increase in cell phone allowance from $80 per month to $125 per month. The Task Force's recommendations are summarized in the following table (figures are monthly): Salary Cell Phone Vehicle Total Mayor: $1,750 $125 (Town) $1,875 Vice Mayor: $1,367 $125 $275 $1,767 Council Members: $1,367 $125 $250 $1,742 {00009558.RTF/} -2- 6/11/20088:01 PM LEGAL CONSIDERATIONS The Task Force's recommendations were reviewed by the Legal Department for consideration of any legal implications. Article 4, Pt. 2, § 17 of the Arizona Constitution provides that the compensation of a public officer shall not be increased or decreased during the public officer's term of office. For purposes of the provision in question, the term "compensation" is broadly interpreted, and includes the monthly cell phone and vehicle allowances. To satisfy the Arizona Constitution, the Task Force recommendations relating to the compensation of Council members and the Vice Mayor (who is chosen at large from among the Council members) may not go into effect until after the next regularly scheduled Council election and the seating of the new Council, in June 2009. For budgeting simplicity, the legal .staff recommends that the Task Force's recommendations as to the Council members go into effect on July 1, 2009. The Arizona Constitution allows all members of amultiple-member body to receive a compensation increase when any new member's term begins, so all Council members may receive the increased compensation on July 1, 2009, including those members whose terms do not end unti12011. Implementing the Task Force's recommendations for the Mayor's compensation is somewhat more complicated. The Mayor's current term of office ends in 2011, so a compensation increase that applies only to the Mayor cannot be made effective until July 1, 2011. To avoid the incongruous result of the Mayor's compensation being lower than the rest of the Council from July 1, 2009 to June 30, 2011, the legal staff suggests that if the Council wishes to implement the Task Force's recommendation, the Mayor's compensation should be increased in two steps. The first step would be to treat the Mayor the same as the rest of the Council for purposes of the July 1, 2009 compensation increase. The second .step would be to increase the Mayor's compensation to the levels recommended by the Task Force, effective on July 1, 2011. The Vice Mayor's extra $25 vehicle allowance should be implemented in the same way, to avoid having a higher vehicle allowance for the Vice Mayor than for the Mayor from July 1, 2009 to June 30, 2011. The following table summarizes the legal staff s recommendation of the monthly compensation as of July 1, 2009, if the Council chooses to implement the Task Force's recommendations: Salary Cell Phone Vehicle Total Mayor & Council: $1,367 $125 $250 $1,742 {00009558.RTF/} -3- 6/11/20088:01 PM The following table summarizes the legal staffs recommendation of the monthly compensation as of July 1, 2011, if the Council chooses to implement the Task Force's recommendations: Salary Cell Phone Vehicle Total Mayor: $1,750 $125 (Town) $1,875 Vice Mayor: $1,367 $125 $275 $1,767 Council Members: $1,367 $125 $250. $1,742 SUGGESTED MOTION Council's pleasure. To adopt the Task Force recommendations: Imove to adopt Resolution No. 2008-86. {00009558.RTF/} -4- 6/11/20088:01 PM MARANA RESOLUTION N0.2008-86 RELATING TO MAYOR AND COUNCIL; ESTABLISHING THE COMPENSATION OF THE ELECTIVE OFFICERS OF THE TOWN; AND DESIGNATING EFFECTIVE DATES. WHEREAS Marana Town Code Section 2-1-8 provides that the compensation of elective officers of the Town shall be fixed from time to time by resolution of the Town Council; and WHEREAS a Citizen's Task Force appointed to review and make recommendations regarding Mayor and Council compensation has recommended that the Mayor's annual salary be increased to $21,000, that Council members' annual salary be increased to $16,400, that Mayor and Council members receive a cell phone allowance of $125 per month, that the Vice Mayor receive a vehicle allowance of $275 per month, that Council members receive a vehicle allowance of $250 per month and that the Town purchase a Town vehicle for the Mayor for official business use, in lieu of a vehicle allowance; and WHEREAS the Town Council finds that the recommendations of the Citizen's Task Force will provide fair and adequate compensation for the performance of the Mayor and Council's official duties; and WHEREAS Article 4, Pt. 2, § 17 of the Arizona Constitution provides that the compensation of a public officer shall not be increased or decreased during the public officer's term of office, but that when a member of amulti-person public body begins a new term of office, all members of the public body may receive the same increase or decrease in compensation; and WHEREAS the two-step process set forth in this Resolution to adopt the Task Force's recommendations meets the requirements of Article 4, Pt. 2, § 17 of the Arizona Constitution and is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the recommendations of the Citizen's Task Force. {00009601.DOC /} - 1 - 6/11/2008 8:22 PM JF FC SECTION 2. Effective July 1, 2009, the monthly compensation of the Town's elected officials is established as follows: Salary Cell Phone Vehicle Total Mayor & Council: $1,367 $125 $250 $1,742 SECTION 3. Effective July 1, 2011, the monthly compensation of the Town's elected officials is established as follows, where "(Town)" means that aTown-owned vehicle is provided for the Mayor for official business use, in lieu of a vehicle allowance: Salary Cell Phone Vehicle .Total Mayor: $1,750 $125 (Town} $1,875 Vice Mayor: $1,367 $125 $275 $1,767 Council Members: $1,367 $125 $250 $1,742 SECTION 4. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of June, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00009601.DOC /} - 2 - 6/11/2008 8:22 PM JF FC ~nWN 7R, TOWN COUNCIL MEETING TOWN OF MARANA q n~Ar~aNa ; INFORMATION gkIZUN~A MEETING DATE: June 17, 2008 AGENDA ITEM: L. 2 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager/Stephen Romero, Intergovernmental Affairs Administrator SUBJECT: State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the state and federal Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report maybe given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issues 21 and 22. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/06/12/2008/8:52 AM IN THIS. ISSUE Budget Update ............................. 1 Session Update ............................ 2 Impact Fees Bill Passes House By A Narrow Margin ........................ 2 Gun Bills Vetoed ......................... 2 Solar Permit Bill Signed Into Law ......................................: 3 Out-Of--State Vehicle Sales Bill Passes, Signed .............................. 3 Reminder: Resolutions Due By June 16th By 5:00 p.m ................. 3 1'he Weekly Spotlight .................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd 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@azleague.org Internet: www.aaleague.org Bulletin -Issue 21-May 30, 2008 BUDGET UPDATE According to sources, it appears legislative leaders are .making an attempt to have serious and focused discussions regarding the budget. There were two separate budget talks at the capitol yesterday. The first was a meeting between the Governor, President Bee and Speaker Weiers - at the Governor's request. Sources say that Speaker Weiers mentioned that the meeting was brief, but went well. The second meeting was between leadership of the four legislative caucuses. That meeting lasted over an hour and the topic of discussion was about how to proceed with negotiations. As a result of the second meeting, a follow up has been scheduled for next week, leading us to believe that a proposal will be drafted soon. More insight on budget discussions emerged during. a recent television interview on KAET, Channel 8, with President Bee. Topics discussed included the budget, university economic stimulus proposal, and driving while texting. President Bee mentioned that people should not be impatient at the Legislature, because during the past five weeks there has been actual progress on the budget. He also noted that this year, unlike most, the Legislature has to produce two budgets instead of just one (Legislation balancing the current 2007-08 fiscal year was passed earlier this session and signed by the Governor). The Senate President also reasoned that the slow pace of negotiations has resulted in at least one positive development-the ability of leadership to know what their caucuses want and don't want in regards to a final budget, which would potentially enable them to put together a feasible budget proposal. These are a few of the sticking points President Bee mentioned during the interview: . What levels of overall reductions must be made to leave the state with a sustainable budget in the future; . How many one time solutions (like bonding) should be part of the solution; and . What should be the precise levels of reductions for state agencies. On the issue of bonding, he stated that some members of his caucus have brought forward alternatives, but he did not specify what those alternatives might be. Regarding agency reductions, President Bee said that he does not wish to micromanage their budgets, but would like to help agency directors in achieving their missions while at the same time reduce their. spending. As budget negotiations and discussions continue, the League will monitor any action and update you as details become available. We still have not heard of any serious budget proposals to cut shared revenues, and we continue to remind our friends in the Legislature that cities use those revenues for services that the state does not provide. Cutting shared revenues while our sales tax revenues are down would doubly punish cities and towns and the citizens we serve. We're continuously encouraged by our friends' assurances that the message has been received and understood. May 30, 2008 SESSION UPDATE Recent activity on the Senate floor resulted in visible frustrations that many observers attributed to the length of session. Tuesday night, when the Senate reconvened after 7:00 p.m., everyone present was expecting debate to pick up where it left of earlier in the day on an amendment to the bill that would ban texting while driving. But, instead of returning to the Committee of the Whole, the Senate attempted to adjourn -leaving Democrats feeling frustrated and angry. The bill was then moved back in status to "awaiting COW" which effectively puts it in the same place as if a vote had been taken to retain it on the calendar, and if it does reappear on COW, it will be regarded as if no debate had occurred. What followed was a string of disjointed actions and motions, contributing to an appearance of disorder. A Senator moved to adjourn the Senate, causing Democrats to object, and when a vote was taken, it revealed that there was no quorum -not enough members present to do anything but entertain a motion to adjourn. President Bee proceeded to adjourn the Senate after a manual roll call vote was taken due to the refusal of some member to register their vote electronically. As President Bee was closing the day's session, Senator Jorge Garcia (D-Tucson) was standing and waving to be recognized -wishing to make a Call of the Senate. That motion would have required absent Senators to return to the floor, allowing the Senate to reconvene. But, President Bee did not recognize the Senator, and the Senate finally adjourned for the day. The following day both chambers came back to work for one more day, adjourning for the rest of the week. For the fourth week in a row, both chambers have adjourned for a four or five day weekend. It seems clear the length of the session-now in its 138` day-has caused significant stress on both the leadership and members. IMPACT FEES BILL PASSES HOUSE BY A NARROW MARGIN. The House voted on House Bill 1406 this week, passing the bill 36-23 with little discussion. Representative Nancy Young Wright (D-Oro Valley) expressed her. concerns about the bill's impact on cities' ability to have growth pay for itself. This concern stems from the grandfathering provisions in the bill, which protect developments from new fees or increases in existing fees for 24 months after the city or town approves the development's final plat or site plan, depending on the type of development. The protection does not apply to changes in fees due to annual indexing, which was included in last year's impact fee legislation. Indexing helps impact fees keep pace with the cost of infrastructure. The League remains neutral on this bill, which is the product of lengthy negotiations with the development community. While the changes are a substantial departure from current practice, they represent a reasonable compromise that provides some cost assurances for the building community. Due to a technical amendment in the House, the bill will now go back to the Senate, where we expect the sponsor, Senate President Tim Bee (R-Tucson) to concur with the changes and bring the bill to the Senate floor for a final vote. GUN BILLS VETOED On Tuesday the Governor vetoed two gun-related bills, House Bill 2629 and Senate Bill 1106. H.B. 2629 would have created a justification for a person to brandish a firearm if they felt that they were in danger of being physically harmed. In her veto letter the Governor stated that this law is unnecessary as current law already allows someone to respond this way if the threat of physical harm is imminent, whereas HB. 2629 would additionally allow the showing of a weapon in a verbal dispute. She wrote, "No one wants a war of words to escalate into a battle of bullets." S.B. 1106 would have allowed for lifetime permits for concealed weapon permits. The Governor said that because of the current system of background checks and renewals every five years, the Federal Bureau of Investigation accepts Arizona's concealed weapons permit in lieu of its own permits and procedures. Therefore, she wrote, changing Arizona's current system to the provisions of this bill would actually make it harder for Arizonans to carry concealed weapons outside of the state. She also cited that Arizona food handlers have to renew their licenses every three years, and "If we believe protecting the public from food poisoning is important enough to require testing and renewal, it is impossible to justify a lifetime permit for the carrying of a concealed weapon." Due to the relatively close vote counts on both of these bills, Legislative overrides of the vetoes are unlikely. 2 May 30, 2008 SOLAR PERMIT BILL SIGNED INTO LAW Governor Napolitano signed House Bill 2615 into law this week-a measure that the League was initially opposed to, but moved to neutral after working with the solar industry on some key amendments. As enacted, the bill requires cities, towns and counties to make permit fees for solar panel and solar hot water heater installations attributable to the cost of the service for which the fee is assessed. The original bill sought to cap the fees cities, towns and counties could charge for solar installation permit fees. The bill also establishes a legislative study. committee to review the best practices regarding local government permitting standards and permitting fees associated with solar energy features. The League looks forward to participating. OUT-OF-STATE VEHICLE SALES BILL PASSES, SIGNED A comprehensive bill addressing sales of motor vehicles to out-of--state residents finally made it through the Legislature and was signed by the Governor this week. After some contentious discussions among stakeholders including the League and some of the affected cities, House Bill 2732 passed out in final form from the Senate by a 28-0-2 vote and through the House on a rare 60-0-0 vote. Current law exempts from state and local sales tax sales made by a dealer to non-residents. The bill adds further clarification as to how individuals establish their non-residency in order to qualify for the tax exemption. Additionally, the measure requires the Department of Revenue to design a new form for all dealers to use to ensure the individuals who claim non-residency are actually what they claim. The League and several cities have been asked by the Department to provide input in creating the form, which will begin in the interim. REMINDER: RESOLUTIONS DUE JUNE 16th BY 5:00 PM Just over two weeks remain until League resolutions are due. As a reminder, resolutions must be sponsored by at least two municipalities and must be properly formatted. All the documents that have been distributed for the resolutions process can be found on our website (www.azleaQUe.ore) under the Legislative Advocacy tab. Please contact Cheyenne Walsh at cwalsh a~azleaQue.org or (602) 258-5786 with any questions about proposals or the resolutions process. The Weekly Spotlight - Senator Jorge Luis Garcia This week we feature Senator Jorge Luis Garcia (D- Tucson). Born in Nogales, Sonora Mexico, Senator Garcia .has been married to his wife Maria for 31 years and has three grown children: Yvette, Dominique and Rolando. He has resided in Tucson since 1973. The senator earned his BA from the University of Arizona in 1975 and his Masters from Arizona State University in 1981. When he is not at the capitol he is employed as a social worker. Senator Garcia was first elected to the State Senate in 2003. Previously he served in the House of Representatives from 1993 to 1997. He is the Assistant Minority Leader and a member of the Appropriations, Government and Rules Committees. What prompted you to run for the legislature? There was an open Senate seat in 2002. Prior to that I had been involved in campaigns as a volunteer and precinct committee person. Iran once unsuccessfully for the House before being elected in 1992. I actually lost the primary election for an open Senate seat in 1996 to my seatmate. How would you get more people interested in the legislative arena? We need to increase exposure to community-active people who want to make a difference and can forgo personal income. What's your proudest legislative achievement? Getting ASDB (Arizona School for the Deaf and Blind) school personnel to be eligible for Proposition 301 monies (educational programming fund increases). What do you think is the proper role of state government? Of local government? May 30, 2008 To provide for the statewide infrastructure (educational, legal, occupational, transportation) that maintains and grows the State; to provide a safety net for all Arizona residents including maximizing opportunities for everyone to gain from Arizona's prosperity. Local government's role is to provide the infrastructure and services that maintains and grows the local government. What kinds of things do you do to relax -favorite music, books, etc.? I like to work in the yard. My kids will tell me which movie I will like. I want to be entertained not moralized. Thank you for your time. You're welcome. 4 May 30, 2008 Arizona To~Tns IN THIS ISSUE Budget & Session Update ............ 1 New DUI & Liquor Bill Goes To Governor ...................................... 1 Impact Fee Bill Awaits Final Action ................................. 2 Resolutions Deadline Quickly Approaching ................................ 2 The Weekly Spotlight .................. 3 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@azleague.org Interne[: www.azleague.org Bulletin -Issue 22 -June 6, 2008 BUDGET & SESSION UPDATE Continuing the past month's trend, the Legislature had another short week with limited floor activity. And for the fifth consecutive week, they adjourned for a four day weekend as non-public budget discussions continued. Senate President Tim Bee (R-Tucson) stated from the dais that budget meetings were planned for the rest of this week. According to sources, Representative Tom Boone (R-Peoria) also mentioned that bipartisan discussions regarding the budget would continue this week, and would determine the need for further discussion. As budget discussions continue, the League will monitor any action and update you as details become available. Some observers believe a budget proposal that doesn't affect shared revenues is currently in the works and could be presented by the end of next week. NEW DUI & LIQUOR BILL GOES TO GOVERNOR On Tuesday, the sponsor of House Bill 2643, Representative Rich Crandall (R- Mesa) concurred with the Senate changes to his bill. Originally, H.B. 2643 only provided for. a continuation of the "grill license" program, which gives the Department of Liquor License and Control (DLLC) the ability to approve up to 15 modified restaurant licenses each fiscal year for establishments that derive between 30 and 40 percent of their gross revenue from food sales. The League was neutral on the bill. , However, the Senate added a major amendment in response to an earlier veto. The amendment essentially adds the contents of House Bill 2395; the comprehensive driving and operating under the influence bill that the Governor vetoed at the end of April.. In her veto letter she cited the reduction for ignition interlock device (IID) usage as being problematic The Senate amendment did not include the IID provision. After Rep. Crandall concurred with the Senate amendment, the entire House verbally adopted the amendment and then voted 45-8-7 to send the bill to the Governor. No word yet on whether the Governor will sign the bill or not. IMPACT FEE BILL AWAITS FINAL ACTION As expected, Senate President Tim Bee (R-Tucson) concurred with the technical changes made by the House to Senate Bill 1406. This leaves the bill ready for Final Read in the Senate, in which it receives one fmal vote on the Senate floor. There was no discussion about this bill in the Republican caucus, and discussion in the Democratic caucus focused on concerns with the provisions pertaining to county impact fees and charter schools. The League's position is .neutral, as agreed to in the early negotiations, recognizing cities' differing positions on the bill. According to recent published sources, other political factors may yet :play a part in the outcome of this bill. June 6, 2008 RESOLUTIONS DEADLINE QUICKLY APPROACHING Just over a week remains to fine tune your proposed resolutions and get them to the League office. Proposals are due on Monday. June 16"' by 5:00 p. m.. whether sent by email, .fax or mail. As a reminder, resolutions must be properly formatted and be sponsored by at least two municipalities to be considered by the Resolutions Committee. Information about the resolutions, as well as the proper format sheet, can be found on our website at www.azlea ug e.org under the legislative advocacy tab.. If you have any questions about the process or your proposals, please contact Cheyenne Walsh at (602) 258-5786 or cwalsh~na,azlea ug e.org. The Weekly Spotlight - RepresentativeAndy Tobin Memberships have included Chambers of Commerce, YMCA board of directors, Sharlot Hall executive board of directors and the Knights of Columbus. A volunteer with the Muscular Dystrophy Association and St. Jude's Hospital, he and his wife Jennifer have five children. He is Vice-Chairman of the Education (K-12) Committee, and a member of the Environment, Human Services and Public Institutions and Retirement Committees. What prompted you to run for the legislature? I have had a lifetime of public service as it was really part of how my parents raised all their 6 children. They were raised the same way. We learned that community service was a responsibility not an option. It was inherent upon us to make the community better, so we all grew up knowing that we would get involved. I served as National President of the United States Junior Chamber of Commerce after years of chamber work and community service for charitable groups. All four of my brothers have had board experience if not leadership experience in charitable and community service organizations. I was also fortunate in that I was able to be involved with many political races so I had an idea of what the commitment for service was going to be and the sacrifices that it would require. The urging of many friends and business acquaintances is what pushed me into the election for office two years ago. I, like most legislators, felt most honored to even be considered and hope to contribute positively to a better Arizona. It seemed natural for me to get involved as a public official How would you get more people interested in the legislative arena? I think that we leave many good people out of the process. I recognize that the salary and expense issues are difficult; those of us who are here now knew what the pay was when we got elected. I wouldn't complain over the salary I agreed to, however, I feel that there are many qualified citizens who either can't leave their own business or the employer can't spare them to leave the company. I feel that the pool of perspective new legislators is unfortunately never going to get a chance to serve at the capital. We can do something that could help. I suppose a salary increase would not be a bad start. We need to admit that this service is no longer a part time job and find ways to improve the chances to get more candidates for office by discussing a 90 day session and then have some limit on short special sessions. Business people prefer more certainty and we should look to provide a more efficient process that more efficiently allocates our time on critical issues. With term limits it is even more important that we "think outside of the box," and look into ways which will improve the image of the legislature, helping to attract strong future candidates. What's your proudest legislative achievement? I have been proud to represent Arizona's most beautiful district. I don't feel that I can take credit for legislation I authored as those success stories are only made possible through the support of the many friends and good people in my district, around the state, fellow law makers, lobbyists and staff, who I have had the pleasure to work with to improve policy in Arizona. I worked hard on education scholarships but I was more proud of the students on the day that those scholarship checks were handed out. I hope to be proud, enough of the work I have done when it comes time to leave and that I can say it is a better place then when I had arrived. June 6, 2008 What do you think is the proper role of state government? Of local government? I believe it is the role of State Government to provide the services necessary that local jurisdictions and municipalities can't provide themselves. I feel that the state of Arizona can be most helpful when they don't over burden the local communities with mandates and restrictions. "All politics are local" is a very true statement. I stay close to 10 Mayors and City Councils in my district and as you might imagine they are most interested in sharing their communities' largest and most pressing issues with me. We don't like the federal government pressing mandates upon our state government and likewise we need to be sensitive to doing the same to our local communities. While we are not always expected to agree on public policy we should still hope to "do no harm" to those who are trying to serve in their communities. What kinds of things do you do to relax -favorite music, books, etc.? I have five children, my third now graduating from High School and working her way into college, one in high school and my youngest in 7th grade. We try and spend a lot of family time together and most of my relaxation time is being a part of their lives. I enjoy fast reading books and rock and roll. I enjoy sport fishing and a good baseball game at the stadium and a golf game with people who don't care how many golf balls I use. Thank you for your time. Thank you for the opportunity. June 6, 2008