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HomeMy WebLinkAbout11/18/2008 Council Agenda Packet• ~" ' 9 ~l~~~ ! 1 .a.. ~ .,.... REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 18, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCII. 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,~lease turn off or put in silent mode all pagers and cell Phones. Meeting Times 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. Speaking at Meetings 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. Accessibility 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 Regular Council Meeting -November 18, 2008 -Page 1 of 164 • special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas 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 Monday, November 17, 2008, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.m,arana.com_ under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING 'CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA • 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. PRESENTATIONS P l: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 "Compensation," Chapter 4 "Employment Benefits" and Chapter 6 "Employee Development" (Suzanne Machain) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS • STAFF REPORTS GENERAL ORDER OF BUSINESS Regular Council Meeting -November 18; 2008 -Page 2 of 164 • CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council. discussion. 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. C l: Resolution No. 2008-152: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase I-B Lots 26 and 97-101 (Kevin ..Kish, AICP) C 2: Resolution No. 2008-153: Relating to Economic Development; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County, the City of Tucson, the City of South Tucson, and the Town of Sahuarita relating to the creation of an enterprise zone, and declaring an emergency. (Josh Wright) C 3; Resolution No. 2008-154: Relating to Public Works and Development; authorizing an application to the U.S. Fish and Wildlife Service for a permit under Section. 10 of the Endangered Species Act (Keith Brann) C 4: Resolution No. 2008-155: Relating to Liquor Licenses; approval and recommendation to the State Liquor Baard for a new No. 12 (Restaurant) liquor license submitted by Mark Harold Evenson on behalf of Chuy's Mesquite • Broiler located at 4499 W. Ina Road (Jocelyn C. Bronson, MMC) C 5: Resolution No. 2008-156: Relating to the Police Department: authorizing full execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force (T VanHook) C 6: Minutes of the November 5, 2008 regular council meeting COUNCIL ACTION A 1: Resolution No. 2008-140: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard (Lisa Shafer) A 2: Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on Land owned by the Town of Marana at the Hartman Hills water reservoir site (Frank Cassidy) A 3: Ordinance No. 2008.23: Relating to Development; approving a rezoning of approximately 0.36 acres of land owned by David Torrez and located at 8380 North Silverbell Road (Kevin Kish, AICP) A 4: Ordinance No. 2008.24: Relating to Development; approving and authorizing a rezoning for the Marana Main Street Specific Plan (Kevin Kish, AICP) • A 5: Ordinance No. 2008.25_Relating to Utilities; adopting wastewater system development impact fees and providing for an effective date (Frank Cassidy) Regular Council Meeting -November 18, 2008 -Page 3 of 164 . A 6: Ordinance No. 2008.26: Relating to Development; approving .and authorizing a rezoning for Marana Mercantile (Kevin Kish, AICP) BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E l :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. E 2: Executive Session pursuant to A.R.S. § 3$-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 (1) the. lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2)pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. 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} ADJOURNMENT • Regular Council Meeting. -November 18, 2008 -Page 4 of 164 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 .COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item P 1 From: Suzanne Machain ,Human Resources Director Subject: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 3 "Compensation," Chapter 4 "Employment Benefits" and Chapter b "Employee Development" Discussion: The Town's Personnel Policies and Procedures were adopted by the Town Council by Ordinance 99.12 and Resolution 99-38 on May l 8, l 999 and have been revised very little since that time.. • Tawn staff has begun a comprehensive review of all of the Personnel Policies in order to update and clarify the policies and to bring them into compliance with current laws and Town procedures. This item proposes changes to Chapters 3, 4, and 6 of the Personnel Policies, covering "Compensation," "Employment Benefits" and "Employee Development" respectively. Staff anticipates that revisions to the remaining chapters will be brought to Council in the coming year. These chapters have been extensively modified, making aredline/strikeout version of the chapters difficult to read and somewhat meaningless. Therefore, staff is bringing forward "clean" versions of the proposed chapters. Chapter 3, "Compensation," has been almost completely rewritten. Policies were revised to correspond to the implementation of the classification and compensation study approved by the Council, including the new classification plan and the Town's total pay philosophy (Policies 3-3 and 3-4). In addition, the policies were revised to reflect the changes to the Town's performance management process (Policy 3-5). The policies have also been revised to include new categories of employment approved by the Council (Policies 3-1 and 3-2), a vehicle allowance/take-home vehicle policy (Policy 3-11) and a policy governing reimbursement of relocation and interview expenses (Policy 3-12). In addition, Policy 3-8, "Holiday Pay," has been amended to clarify the calculation of holiday pay for employees who are required to work on Town-approved holidays. Full-time employees will receive compensation for eight hours paid time for the holiday plus their regular rate of pay for time actually worked on the holiday. Part-time employees will receive a prorated amount based on their official .work schedule. Paid time off for Town- approved holidays will not be counted as "hours worked" for purposes of overtime calculation for the work week, however, if the hours actually worked in a work week exceed 40 hours (including those hours actually worked on a holiday}, the employee would continue to receive pay at time • and-one-half for all hours "actually worked" in excess of 40. Simply put, this means that any time not spent working (sick and vacation leave use, and paid time off for holidays) is not counted toward hours worked. Regular Council Meeting -November 18, 2008 -.Page 5 of 164 • Chapter 4, "Employment Benefits," has been almost completely reorganized and renumbered, but with few substantive changes. The substantive changes include the following: 1. Extension of 40 hours additional personal leave to General Managers and Deputy or Assistant Department Heads (Section 4-3-2) 2. Changes in military leave policy to comply with state and federal law, including providing up to 30 days (240 hours) paid military leave in a two consecutive year period (Policy 4-5) 3. Changes to FMLA policy to include the provisions of the National Defense Authorization Act (NDAA) of 2008, providing for FMLA leave to care for a family member in the armed forces who is receiving medical care (Section 4-7-15) 4. Changes to holiday policy to clarify what happens if a holiday falls on an employee's regularly scheduled day off and how an employee working an alternative or flexible work schedule will be compensated for the holiday (Policy 4-4) Chapter 6, "Employee Development," contains only three proposed substantive changes: 1. The amount of tuition reimbursement for eligible employees is raised from $2,000 per year to $5,000 per fiscal year (Section 6-1-2} 2. The provision for repayment to the Town by employees upon termination of employment has been changed to state that employees who leave employment within 30 calendar days of receiving tuition reimbursement, shall repay the Town for 100°Io of the tuition reimbursement. Previously, the policy had provided that employees who left the Town within l 2 months of receiving tuition reimbursement would repay the Town for 100% of the tuition reimbursement and employees who left the Town within 13-24 months of receiving tuition reimbursement would repay the Town for 50°Io of the tuition reimbursement. (Section 6-1-5) 3. The provision for Town payment of special fees and licenses for employees who are required to maintain a license or certification as a condition of employment has been changed to reflect that where possible, the Town will make such a payment directly to the professional. organization or licensing agency (Policy 6-3) Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the Council meeting where they are first presented, but must be considered and discussed at one Council meeting and then proposed for adoption at a later Council meeting. This is the first presentation of the proposed changes to Chapters 3, 4 and 6. These policies and a proposed form of resolution are proposed to be presented for adoption at the December 2, 2008 Council meeting. ATTACHMENTS: Name.: Description: Type: ^ Revised Personnel Policies Chapter 3 X000_1.1592- Revised Chapter 3 Exhibit 3~ DOC ^ Revised Personnel Pohcies_Chapter_4 (000..11.670- Revised Chapter 4 Exhibit 3)DOC ^ Revised Personnel • Policies Chapter_6...(0001.1.431- Revised Chapter 6 Exhibit 3)DOC Regular Council Meeting -November 18, 2008 -Page 6 of 164 • Staff Recommendation: Staff recommends that the proposed changes be brought forward for consideration of adoption by the Council at the December 2, 2008 meeting. Suggested .Motion: I move to direct staff to bring the proposed Personnel Policy changes forward for adoption at the December 2, 2008 meeting. • • Regular Council Meeting -November 18, 2008 -Page 7 of 164 • r~r~\ ~~~ ~"/1\ TOWNOF MIARANA CHAPTER 3 COMPENSATION Policy 3-1 EMPLOYMENT SERVICE The Town of Marana's employment service is divided .into classified service, unclassified service, term-limited temporary employment and short-term temporary employment. Employees in positions designated as classified service are governed by these Personnel Policies and Procedures. Employees in positions designated as unclassified service, term-limited temporary or short-term temporary are subject to these Personnel Policies and Procedures only where specifically noted herein or in the Marana Town Code. Non-employee positions., as defined by Title 3 of the Marana Town Code, are not subject to these Personnel Policies and Procedures. Section 3-1-1 Classified Service This category of employment is comprised of all regular full- and part-time employees of the Town who are employed in positions other than those designated in Title 3 of the Marana Town Code as unclassified, term-limited or short-term temporary. Section 3-1-2 Unclassified Service • This category of employment is comprised of all employees of the Town who are employed in unclassified positions as designated in Title 3 of the Marana Town Code. Unclassified employees are part of a responsive. management team that exists to carry out the goals and policies of the Town. Section 3-1-3 Term-Limited Temporary Employment This category of employment is comprised of temporary positions, with work related to a specific grant, capital improvement project, technology services project or other non-routine substantial body of work, for a term of six to 36 months. Section 3-1 -4 Short-Term Temporary Employment This category of employment is comprised of temporary positions for a time period that does not exceed six months or 1040 hours in a rolling 12-month period. These positions are used to augment the workforce due to seasonal and other specific temporary workload needs that require additional-staffing. {oooi is92.~oc i 3}3-1 f ~~~ `~.'`~/ 1 TOWN fli MARANA CHAPTER 3 COMPENSATION Policy 3-2 POSITION STATUS Positions within the Town are generally designed for regular full-time employees. However, in certain functions and during some seasons, work schedules and Town needs may :require the services of other than full-time employees. Section 3-2-1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At-will Employment: Employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. B. Exempt Employees: Employees who devote most of their hours to activities that are managerial, administrative or professional. These employees are excluded from specific provisions of federal and state overtime wage and hour laws and are generally not entitled to overtime pay. C. Non-exempt Employees: Employees who devote most of their hours to activities that are not managerial, administrative or professional. These employees are entitled to overtime pay under the specific provisions of federal and state laws. D. Promotional Position: A position to which a current Town employee is promoted. To be considered a promotional position, the position must be in a higher classification than the position that the employee originally served in. Section 3-2-2 Position Categories The Town employs personnel in a number of position categories including, but not limited to, the following. A. Regular Full-Time: A classified or unclassified employee hired for an indefinite period in a budgeted position far which the normal work schedule is at least 40 hours per week. To attain this status, the employee must successfully complete an initial evaluation period, as defined in these Personnel Policies and Procedures, either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. • • {oooi ~s9z_~oc i 3}3-2 • ~,/~ "\ ~~~~~ TOWN~MARANA CHAPTER 3 COMPENSATION B. Probationary Full-Time: A classified employee serving in an initial evaluation period either as a new hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional position are at-will employees.. Employees in this category are eligible for the Town's full benefits package. . C. Regular Part-Time: A classified or unclassified. employee hired for an indefinite period in a budgeted position for which the normal work schedule is at least 20 hours but less than 40 hours per week. To attain this status, the employee must successfully complete an Initial evaluation period either as a new hire or in a promotional position. Employees in this category are eligible for the Town's full benefits package. D. Probationary Part-Time: A classified employee working less than 40 hours per week, but .more than 20 hours per week, who is serving in an initial evaluation period either as anew hire or in a promotional position. Employees serving in an initial evaluation period as a new hire or in a promotional .position are at-will employees. Employees in this category are eligible for the Town's full benefits package. • E. Management/Administrative Intern: A short-term temporary employee who is regularly enrolled as a student in a recognized educational institution or special program for adults and/or seniors during the regular school year. Management/Administrative Interns are at-will employees.. ...Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. F. Executive Fellow: Aterm-limited temporary employee who is in his/her final segment of the regular school year or has graduated from an accredited .college or university in a field directly related to local government management. An Executive Fellow is an at-will employee. Employees in this category are eligible for the Town's full benefits package. G. Seasonal Employee: A short-term temporary employee who works less than 1.040 hours in a rolling 12-month period. Seasonal employees are at-will employees. Employees in this category receive all legally mandated benefits provided by the Town, but are not eligible for paid leave or group insurance benefits or for any cash in lieu thereof. ,00011592.DOC / 3}3-3 ~~ ~~~~ ~'`~/'1\ TOWN OF MARANi1 CHAPTER 3 COMPENSATION Policy 3-3 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, .development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3-3-1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified and compensated, and positions. substantially different in scope and complexity are appropriately classified and compensated. Section 3-3-2 Plan Amendment A. All amendments to the classification plan require the approval of the Town Council. Amendments shall be submitted to the Town Council through the Town Manager. B. The classification plan may be amended by ordinance, resolution, motion or adoption of the Town's annual budget. C. Any position not established by Title 9 of the Arizona Revised Statutes may be abolished by the Town Council Section 3-3-3 Position Classification A. Position classifications shall be maintained. by the Human Resources Department for all regular full-time and regular part-time positions in the classified and unclassified service. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. Regi {ooo11s92.DOC i 3}3-4 tlar Council Meeting -November 18, 2008 -Page 11 of 164 • • r.-T~~~~ ~~~~~A '/1\ TDWNDF MARANq CHAPTER 3 COMPENSATION Section 3-3-4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need fora .new position, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish an Administrative Directive outlining .the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, an employee or a Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted.. Such review shall require the completion of a position description questionnaire. • C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head will provide a completed position description questionnaire to the Human Resources Director. D. An employee whose position is reclassified upward will be promoted to .the higher classification. An employee whose position is reclassified due to reorganization will be transferred, promoted, demoted, or laid off in accordance with applicable provisions in these Personnel Policies and. Procedures. If the reclassification results in a demotion, and if the employee remains in the reclassified position, then the employee will be considered to have taken a voluntary demotion. E. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. F. A position classification review decision is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {oooi is92.~oc i 3}3-5 ~~~' ~V{ARAN~ ~`'~`~/ 1 rawa of anaanNn CHAPTER 3 COMPENSATION Policy 3-4 COMPENSATION PLAN The total compensation program for the Town of Marana is comprised of salary/wages., benefits and other less tangible elements that are of value to employees such as the work environment, security, career opportunities and overall health. Each element plays a role in the Town's pay strategy. Section 3-4-1 Total Pay Philosophy A. Salary: The Town provides pay opportunity (e.g. ranges or steps) that is designed to provide managers flexibility and to provide at- or above-market median cash compensation to those employees who are strong performers and consistently make contributions to the Town's success. The market is regularly assessed to ensure that salary ranges remain competitive. B. Market: The Town's market is defined as public and private sector employers similar to Marana in size and complexity and in locations .where the Town looks to secure labor talent. C. Benefits: The Town's benefits in total are targeted to provide above average value to its employees. Each individual benefit program is designed to provide an employee with security in case of unforeseen events and for retirement. Section 3-4-2 Compensation Plan/Salary Schedule Adjustments All general salary increases, market adjustments, pay for performance increases or other modifications to the compensation plan and/or salary schedule require the approval of the Town Council. Amendments and revisions shall be submitted to the Town Council through the Town Manager. Section 3-4-3 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific grade,. assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. {00011592.DOC / 3}3-6 filar Council Meeting -November 18, 2008 -Page 13 of 164 Reg • • • • ~'~-~ ~~~~ ~"^,~ 1 TOWN'Of NIARANA CHAPTER 3 COMPENSATION Policy 3-5 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and performance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town-wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish .between levels of performance. .The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 3-5-1 Initial Evaluation Period The initial evaluation period is a period of time, as determined by the Town Manager, constituting the final step in the competitive screening process for appointment to a regular • full- or part-time classified service position or for promotion from one classified service position to another. A. All full- and part-time employees hired in positions designated as part of the classified service or promoted from one classified service position to another shall serve in an initial evaluation period for 6 to 18 months from the date of hire. The length of the initial evaluation period shall be set forth in the employee's offer of employment letter. Employees shall be evaluated at least once during this initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. B. A newly hired or promoted employee's appointment to a full- or part-time position designated as part of the classified service will not be deemed final until successful completion of the initial evaluation period as evidenced by a satisfactory rating on the final performance appraisal document completed during this period. Managers and supervisors are encouraged to complete and review this performance appraisal document at least two weeks in advance of the date that the employee's initial evaluation period is scheduled to conclude. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads are responsible for ensuring that. training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation period. C. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies and Procedures. f/~~\ ~At~ANA ~~.v '/ 1 \ T6WN'OF MARANA CHAPTER 3 COMPENSATION As such, during the initial .evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee. shall be notified in writing that they have failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures D. Notwithstanding that employees in an initial evaluation period in a promotional position are at-will employees, an employee who does not successfully complete the initial evaluation period in a promotional position may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the promotion had not occurred. Section 3-5-2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more. time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. Regi {00011592.DOC / 3}3-g dar Council Meeting -November 18, 2008 -Page 15 of 164 • • • C7 ~~~ ~~~ TOWN OFMARANA CHAPTER 3 COMPENSATION D. The work assigned to the employee's :position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's pertormance. Section 3-5-3 Pertormance Management Process A. Classified employees who have completed the initial evaluation period as either a new hire or in a promotional position and whose positions are not on a step pay plan shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance periodcovering the prior fiscal year, beginning on July 1 and ending on June 30. • B. Classified employees who have completed the initial evaluation period as either a new hire or in a promotional position and whose positions are on a step pay plan shall receive a formal performance appraisal document once per year on the anniversary of the employee's completion of the initial evaluation period. This appraisal shall be for the pertormance period covered during the prior year, from anniversary date to anniversary date. C. Department Heads and supervisors shall recommend an appropriate performance appraisal rating based. on the Town's pay for pertormance guidelines. D. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for merit increases are subject to economic conditions and the Town's ability to pay. E. If an employee disagrees with his or her performance appraisal document, the employee may submit a written appeal to the Department Head .within three working days of the employee's receipt of the performance appraisal document. If the employee is not satisfied with the Department Head's response, the employee may submit a written appeal to the Human Resources Director within three working days of the employee's receipt of the Department Head's response. The decision of the Human Resources Director or designee shall be final and is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. F. The original employee pertormance evaluation, the employee's written appeal and the employee's comments, if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length of time required by law. {ooo l is9z.ooc i 3 }3-9 r_ T~~"~ MARANA ~'`~/!\ ,o~~~„ap CHAPTER 3 COMPENSATION Policy 3-6 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 .pay periods in the calendar year. Section 3-6-1 Time Sheets and Payroll Records A. All non-exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. The employee's department shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. B. All exempt employees shall complete leave authorization requests documenting time off from work for the equivalent of one full work day or more in any pay period where such leave is taken. Leave authorization requests shall be signed by the exempt employee's • supervisor verifying the employee's time off work. Leave authorization requests shall be submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town for a minimum of seven years. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3-6-2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period. B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment.. C. In the absence of specific instructions or direct deposit, checks for those who are away on the regular pay date will be held by the Finance .Department until the employee returns to work unless other arrangements are made in writing. • r_r~` ~~~~ ""t/ 1 rowN of aigunwa CHAPTER 3 COMPENSATION D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3-6-3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state-mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. • Section 3-6-4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. • {00011592.DOC / 3}3-11 ,•_r~'~~ I~AR~NA TOWN OF MARANA CHAPTER 3 COMPENSATION Policy 3-7 WORKING CONDITIONS Section 3-7-1 Work Week The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. A supervisor may require any employee to temporarily pertorm service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures and state and federal law shall apply. Section 3-7-2 Overtime Eligibility As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (FLSA). Position classifications shall either be exempt or non-exempt from the provisions of the FLSA, as defined in these Personnel Policies and Procedures and state and federal law. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. All employees in unclassified positions are exempt from the FLSA, as being a part of a responsive management team. Section 3-7-3 Overtime and Compensatory Time It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. Department Heads are responsible for the planning required to minimize the need for overtime. The provisions of this section apply only to non-exempt employees. A. Whenever a nonexempt employee is required to work more than 40 hours in a work week, the employee shall be compensated for the hours worked in excess of 40 at the rate of one and one-half times the employee's regular base rate of pay. In the alternative, the employee may take one and one-half hours of compensatory time off for each hour worked in excess of 40 hours in a work week. • • {oooi is9a.~oc i 3}3-12 • - -~r'.'~---,~~' ~~"^%/ ~ \ TOWNOF:MARANA ''.. CHAPTER 3 COMPENSATION B. The employee shall designate whether he or she desires to receive pay at the rate of one and one-half the employee's regular base pay rate or compensatory time off at the time the overtime is documented on the payroll time sheet. An employee is not required to accept compensatory time in lieu of overtime pay unless the employee agrees to this arrangement before the emplayee pertorms the overtime work. • C. Hours worked for purposes of calculation of overtime shall be defined as time on the job performing a responsible work assignment. D. Time shall begin once the employee is at the work station or at the call origination for emergencies. E. Vacation, sick, holiday and other leave shall not be considered time worked and shall be deducted from hours worked during overtime calculation for each workweek. F. Hours actually worked on Town-approved holidays shall be included as hours worked for the purposes of calculating overtime in a work week. G. Pay for work beyond an employee's regularly scheduled work day or work week will be at the straight time hourly pay rate unless and until the employee has actually worked more than 40 hours in a work week. H. The Department Head must specifically authorize the rendering of overtime services. Employees shall obtain such. authorization prior to working any overtime, unless the overtime is deemed to be an emergency by the Department Head. I. An employee's compensatory time balance must not exceed 80 hours. The .Town Manager may make an exception to the accumulated compensatory. time balance as recommended by the Department Head. J. The following provisions apply to the use of compensatory time: 1. Compensatory time may not be used before it is accrued. 2. An employee must submit a written request in advance to use compensatory time. 3. Requests to use compensatory time will be .approved unless the employee's absence during the period requested will unduly disrupt Town or department operations. 4. Compensatory time must be used during the calendar year in which it is accrued unless this is not feasible due to work demands. The employee may then request, {oooi is9z.~oc i 3}3-13 >~f '~~~A ~^"% ,~~~ CHAPTER 3 COMPENSATION and the Department Head may approve., the carryover of a maximum of 40 hours of accrued compensatory time. 5. Compensatory hours that have been carried over -must be used within the first quarter of the new calendar year. K. Payment for accrued but unused compensatory time is as follows: 1. Employees will be paid in the pay period that includes December 31 for all accrued compensatory time not carried over into the following year. 2. If an employee is terminated or otherwise separates from employment while in a non-exempt position, the employee will be paid for all accrued compensatory time. 3. If an employee is promoted into an exempt position, the employee will be paid for all accrued compensatory time prior to the effective date of the promotion at his or her rate of pay in the non-exempt position. L. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (ELBA). Section 3-7-4 Exempt Employees The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. {ooo~ is92.DOC i3}3-14 • • `~~ TOWN Of MARANA CHAPTER 3 COMPENSATION Policy 3-8 HOLIDAY PAY It is the .policy of the Town to grant paid time off to eligible employees on the Town Council-approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. :However, if anon-exempt employee is required to work on aTown-approved holiday, the employee is also eligible for holiday pay. Section 3-8-1 Calculation of Holiday Pay A. .Full-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated for eight hours paid time for the holiday, plus their regular rate of pay for time actually worked on the holiday. B. Part-time non-exempt employees who are required to work on aTown-approved holiday shall be compensated paid time for the holiday, prorated to the employee's normal work schedule, .plus their regular rate of pay for time actually worked on the holiday. • C. Holiday pay will be at the employee's regular base rate of pay unless the employee works more than 40 hours in the work week that includes the holiday. Hours in excess of 40 flours in the work week shall be compensated according to the overtime and compensatory rules set forth in this Chapter. Section 3-8-2 Exempt Employees FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. Exempt employees will receive their normal rate of pay for the work week regardless of whether or not they work on aTown-approved holiday and regardless of whether they are on a standard or alternative work schedule. {00011592.DOC / 3}3-1$ ~~ ~~~~ "~"`.~' J TOWNOF MARANA CHAPTER 3 COMPENSATION Policy 3-9 ADJUSTMENTS TO PAY Section 3-9-1 Promotion A. The Town encourages succession planning to develop in-house talent for promotional opportunities. Generally, promotions are made using a competitive recruitment process.. With sufficient justification and the approval of the Human Resources Director, a competitive recruitment process may be restricted to internal applicants or waived entirely for promotional opportunities. Internal candidates who are selected for a promotional position must possess all of the minimum qualifications for the position upon hire, unless the Human .Resources Director or designee approves an exception that allows the employee to attain a particular certification or other requirement as a condition of successful completion of the initial evaluation period. B. Pay upon. promotion shall be at the entry level of the new salary range or five percent, whichever is greater. In extenuating circumstances, the Town Manager or designee may consider additional pay at the time of promotion; however, in no circumstance shall the promoted employee's rate of pay exceed the salaries of incumbents in the same or similar positions. Section 3-9-2 Demotion A. An employee may move to a position in a lower classification due to reorganization, reclassification or reduction in force. In these situations, the employee's salary shall be reduced to an amount that does not exceed the maximum of the new classification range. If the employee's salary in the higher classification does not exceed the rate of pay for the new salary range, the employee's salary may remain unchanged upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. B. An employee may move to a position in a lower classification due to performance issues or disciplinary action. In these situations, the employee's salary shall be reduced by the percentage difference between the' mid-point of the higher classification salary range and the mid-point of the lower classification salary range. Section 3-9-3 Lateral Transfer A lateral transfer occurs when. an employee stays in the same salary grade and classification but moves to a different department or moves to a different classification that is assigned to the same salary grade. There shall be no change to the employee's salary for a lateral transfer. • • ,oooi is9z.DOC i 3}3-16 • ~~-~\ ~1~i/1 '~`~/ 1 `~ '. OYJ[I DF MARANA CHAPTER 3 COMPENSATION Section 3-9-4 Reclassification A. When a position is reclassified to a higher classification, employees in that position shall be eligible for the same pay increase as provided upon promotion. B. When a position is .reclassified to a lower classification, the salaries of employees in that position may be "frozen" or "redlined" until the employees' salaries are at or below the top of the salary range for the new classification.. Salaries shall only be frozen or redlined upon the recommendation of the Human Resources Director and approval of the Town Manager or designee. When salaries are frozen or red-lined due to a reclassification to a lower classification, employees may only receive lump sum performance awards until their salary is at or below the top of the salary range for the new classification. Section 3-9-5 Effective Date of Pay Changes • A. Changes in pay rate, benefits, classification, working conditions and employment status shall be documented on a Personnel Action Form (PAF) signed by the Department Head/General .Manager, Human 'Resources Director, Finance Director and Town Manager or designee. The PAF shall be made a part of the employment history record of the employee. No change to an employee's pay rate, benefits, classification, working conditions or employment status shall be .implemented unless accompanied by an approved PAF. B. Unless otherwise specified in these Personnel Policies and Procedures or by Town Council action, the effective date of adjustments to .pay shall be the first day of the next pay period after the adjustment is made.. Adjustments to pay for employees on unpaid leaves of absence shall be implemented upon the employee's return to work. Section 3-9-6 Special Assignment Pay A. Special assignment pay may be provided to employees who are engaged in one of the following activities: 1. Working out-of-classification in a higher level classification 2. Performing additional duties outside of the scope of the employee's regular classification for a limited period of time, such as assuming the responsibilities of a vacant position • 3. Searing in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities {00011592.DOC / 3}3-17 ~"'~ ~~~~ TOWNOFNlAR4NA CHAPTER 3 COMPENSATION B. Special assignment pay begins when the employee is assigned the. additional duties or begins working out of classification. C. Special assignment pay shall be at the rate of five-percent of the employee's regular base rate of pay. However, the Human Resources Director may recommend special assignment pay of up to 10% of the employee's regular base rate of pay in extenuating circumstances. D. The Department Head must request special assignment pay in writing. All special assignment pay must be approved by the Human Resources Director and the Town Manager or designee. Special assignment .pay shall be approved in six month increments, not to exceed a total of one year. E. Any increases to base pay that are made while an employee is receiving special assignment pay, such as pay for pertormance awards, general increases or market adjustments, shall be calculated using the employee's regular base rate of pay before the application of the special assignment pay. The special assignment pay may be recalculated after increases are added to the employee's base rate of pay. Section 3-9-7 Call-Out Pay When anon-exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours overtime each time called out, or the actual overtime worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. The Department Head or designee must authorize all call outs. Section 3-9-8 On-Call/Stand-By Assignments; On-Call/Stand-By Pay The Town Manager may designate .certain non-exempt positions as eligible to receive on-call and/or stand-by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads who have- such positions in their chain-of-command shall determine the length, duration and rotation of on-call or stand-by assignments. The- rate of pay for on-call and stand-by assignments shall be determined by the Town Manager based on budget capacity with consideration given to the rates paid for comparable assignments in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. • • ,oooi is9z.DOC ~ 3}3-18 • ~~~ `"'`^~~ TOWNflf MARANA CHAPTER 3 COMPENSATION Section 3-9-9 Shift Differential Pay Shift. differential -pay shall be provided to non-exempt employees for any hours worked between 6:00 p.m .and 6:00 a.m. Shift differential pay is an hourly amount added to the employee's regular base rate of pay. Shift differential pay shall be determined by the Town Manager based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. • {oooi is9a.~oc i 3}3-19 ~~~ :~'`;~/ 1 rowN of naaRANa CHAPTER 3 COMPENSATION Policy 3-10 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that such an emergency occurs during non-working hours, Department Heads will. be responsible for notifying the affected employees.. Section 3-10-1 Pay During Emergency Closures A. When operations of the Town or any part of the Town are officially closed due to emergency conditions, the time off from scheduled work will be paid. B. Employees in essential operations may be asked to work because of emergency conditions on a day when non-essential operations are officially closed. If the hours worked are within the normally scheduled work day and work schedule, the employee will receive the regular base rate of pay.- Any hours actually worked during an emergency closure shall be included as hours worked for the purposes of calculating overtime in a work week. {oooi is9z.~oc ~ 3}3-20 • L` r_- .~1~ ' 70WNOF MARpNA CHAPTER 3 COMPENSATION .Policy 3-11 VEHFCLE ALLOWANCEITAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town #ake-home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a .position when granting a vehicle allowance or providing a Town :take-home vehicle. Section 3-11-1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take-home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take-home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. .In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-2 Classified Employees The Town Manager may authorize the use of a Town take-home vehicle for. a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take-home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3-11-3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council-approved budgetary limits. B. Employees who receive a monthly vehicle allowance. may not use a Town vehicle as a take-home vehicle and may not request mileage reimbursement for local travel within a one-way direction of 25 miles from the employee's regular work location. Section 3-11-4 Take-Home Vehicles A Town employee who is authorized the use of a Town take-home vehicle may not receive a vehicle allowance during the same time period. • {oooi is9z.DOC i 3}3-21 i l/~ ~' MARA1 .`~ ~/ TOWN OF MARANA CHAPTER 3 COMPENSATION Policy 3-12 RELOCATION AND INTERVIEW EXPENSES Section 3-12-1 Relocation Expenses A. The Town Manager, in his or her sole discretion,. may authorize reimbursement of .relocation expenses for a newly .hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one-time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12-month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3-12-2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. {00011592.DOC / 3}3-22 • • • 1~]ARANA /1\~ TOWN ~'MARANA CHAPTER 3 COMPENSATION Policy 3-13 CONFLICT WITH MEMORANDUM OF UNDERSTANDING Section 3-13-1 Conflict with Memorandum of Understanding If any of the provisions of this Chapter conflict with the provisions of any memorandum of understanding between the Town of Marana and a designated public safety employee organization, as referenced in Title 4 of the Marana Town Code, the memorandum of understanding shall govern for those positions that are subject. to the provisions of the memorandum of understanding. • • {00011592.DOC / 3}3-23 C ~~ N~~~NA .`'/ I ~`~ ?OWN OF MARANq CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-1 VACATION LEAVE The Town of Marana provides vacation leave with :pay to eligible employees. Section 4-1-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn vacation leave as described in this policy. Section 4-1-2 Accumulation of Vacation Leave • A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. B. An employee on any leave of absence without pay shall not accumulate vacation leave during the unpaid leave. C. Vacation leave accumulation is cumulative, up to the maximum number of hours permitted by this policy. Sectiorr4-1-3 Rate of Accumulation A. Eligible full-time employees shall accumulate paid vacation leave at the rate shown in the following schedule: Vacation :Accrual Rate.. Length of Service Vacation Days Each Year 0 to 5 years 10 days (3.08 hrs per pay period) > 5 - 10 years 15 days (4.62 hrs per pay period) > 10 years 20 days (6.15 hrs per pay period)) B. Eligible part-time employees shall accumulate a prorated amount of vacation leave each pay period based on the number of hours per week that they are officially scheduled to work. C. For purposes of determining length of service, the year noted begins on the day after the preceding anniversary. For example, an employee shall be employed for greater than (>) five years on the day after the employee's fifth anniversary; therefore, the employee shall begin earning at the higher accrual rate as of that date. ~~~ ~'/l\ TOWN'OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS G. Military leave shall be credited toward an employee's length of service for purposes of vacation leave accumulation. D. Notwithstanding the provisions of this section, as an incentive to recruit key employees, upon hiring an employee in an unclassified position, the Town Manager may negotiate a vacation accrual rate in excess of the initial vacation accrual rate specified in this section. However, in no event shall the Town Manager negotiate a vacation accrual :rate of more than 4.62 hours per pay period. Section 4-1-4 Maximum Accumulated Hours Permitted A. An employee's accumulated vacation leave balance shall not be permitted to exceed 240 hours. Therefore, employees shall not be credited for vacation leave in excess of 240 hours. Employees who are approaching the 240 hour cut-off shall be notified by the Finance Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. •i B. The Town Manager may approve an exception to this provision under exceptional • circumstances. Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-1-6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential or special assignment pay. Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment A. Upon termination of employment, employees shall be paid at their base rate of pay for any unused accumulated vacation leave earned through the last day of work. B. This policy shall not apply if the Town Manager determines that the employee's termination is the result of gross misconduct. {00011670.DOC / 3}4-2 • • ~~~~ .'~ TOWN ~ tAAR/4NA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-2 SICK LEAVE The Town of Marana provides sick leave with pay to eligible employees. Section 4-2-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to earn sick leave as described in this policy. ' Section 4-2-2 Accumulation of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. The effective date of hire for police officer recruits is when they begin attendance at a police academy. • B. An employee on any leave of absence without pay shall not accumulate sick leave during the unpaid leave. C. Sick leave shall accumulate without limit. Section 4-2-3 Rate of Accumulation A. Eligible full-time employees shall accumulate sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall accumulate a prorated amount of sick leave each pay period based on the number of hours per week that they are officially scheduled to work. Section 4-2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. B. Sick leave is intended solely to provide income protection in the event of illness or injury. Eligible employees shall be permitted to use sick leave for the following reasons: 1. Personal illness, disease or injury and travel time to and from a physician's office 2. Medical conditions that prevent the employee. from pertorming assigned tasks 3. Surgical, medical, dental or optical treatments, examinations or fittings that must be made during working hours {oool ~6~o.~oc i 3}4-3 ~1~r 1V~~f~~I~A TOWNOf MAiLgNA CHAPTER 4 EMPLOYMENT BENEFITS 4. Illness of immediate family member and related travel time to and from a physician's office. For purposes of this policy, the immediate family shall consist of the spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-2-5 Notification to Supervisor A. Employees who are unable to report to work due to illness or injury shall notify their direct supervisor before the scheduled start of their work day. B. The direct supervisor must also be contacted on each additional day of absence unless the employee is on FMLA leave or has notified the supervisor in advance of the number of days the employee will be absent. Section 4-2-6 Medical Verification A. If an employee is absent for three or more consecutive days due to illness or injury, the employee's supervisor or Department Head may request a statement from a licensed health care provider verifying the existence of the illness or injury and its beginning and expected ending dates. B. If an employee exhibits an unusual pattern of sick leave absences., such as recurring Monday and/or Friday absences or recurring absences the day immediately preceding and/or immediately following aTown-approved holiday, the employee's supervisor or Department Head may require a statement from a licensed health care provider verifying the need for the sick leave absence. The supervisor or Department Head may require the verification as a condition to receiving sick leave pay and/or to authorize that the employee may safely return to work. C. If the employee's Department Head determines that the verification provided by the employee is inadequate, the absence may be charged to another category of leave or considered leave without pay. D. The employee's department shall forward medical verification statements to the Human Resources Department. Section 4-2-7 Additional Conditions of Eligibility A. As an additional condition of eligibility for sick leave benefits, an employee on an extended leave must apply for any other available compensation and benefits that the ~: {00011670.DOC / 3,4-4 • ~~ ~~ :""'/ 1 '.. 70WN-OFMARAN. CHAPTER 4 EMPLOYMENT BENEFITS employee may be eligible to receive, such as Worker's Compensation or disability insurance coverage. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from Worker's Compensation or any disability insurance. programs paid for by the Town. C. The combination of any such disability payments and Town-paid sick leave benefits :shall not exceed the employee's normal weekly earnings. Section 4-2-8 No Sick Leave Available An employee who has anon-work related illness or injury and has exhausted accumulated sick leave may request administrative leave without pay. Section 4-2-9 Transfer of Sick Leave Hours to Vacation Leave • A. If an eligible employee who has successfully comple#ed the initial evaluation period uses less than 16 hours of sick leave during a calendar year, the employee may submit a request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transfer in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transfer, the hours will not automatically be transferred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved for use in accordance with the sick leave policies in this chapter. D. The employee's request to transfer sick leave hours to vacation leave shall be denied by the Finance Department if the transferred hours would cause the employee's accumulated vacation leave to exceed the maximum vacation leave hours allowed under this chapter. Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused accumulated sick leave upon termination of employment. B. Unused accumulated sick leave shall be reinstated for an employee who is laid off if the employee accepts re-employment with the Town within two years of the date of layoff. {ooo~ib~o.ooci3}4-5 r_rr I~ARAI~ .".~' 1 T4YtN {~ NAAANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4-3-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for personal leave as described in this policy. Section 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. B. Eligible part-time employees shall receive a prorated amount of personal leave each calendar year based on the number of hours per week that they are officially scheduled to work. C. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring or in connection with an annual performance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the following categories. 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads D. If the Town Manager grants additional personal leave to an employee pursuant to paragraph C of this section, the additional leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the. employee's pertormance and/or workload no longer justify the granting of additional personal leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request for Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. • • ., .~ ~-~-f ~~~ /1\ 70YIN OF MARAiJA CHAPTER 4 EMPLOYMENT BENEFITS B. Employees shall submit personal leave requests to their supervisor before taking any time off. Requests will be reviewed based on a nurnber of factors, including Town needs and staffing requirements. Section 4-3-4 No Accumulation Personal leave does not accumulate and is forfeited if not used within the calendar year that it is received. Section 4-3-5 Termination of Employment Employees shall not be compensated for unused accumulated personal leave upon termination of employment. {000116~o.~oc i s}4-7 ~~~~ `~ "'`~/ 1 7t1WN OF MARkNA CHAPTER 4 EMPLOYMENT BENEFITS :Policy 4-4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council-approved holidays. Regular Town operations are officially closed during these approved holidays. Section 4-4-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for paid time off on holidays as described in this policy. Section 4-4-2 Town-Approved Holidays A. The Town-approved holidays for each calendar year are as follows. 1. New Year's Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents' Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays A. Eligible full-time employees shall receive eight hours paid time off on Town-approved holidays. B. Eligible full-time employees who work an alternative work schedule with work days longer than eight hours shall receive eight hours paid time off for the Town-approved holiday and must use accrued vacation, personal or compensatory leave or leave without pay for the hours in the alternative work day that exceed eight hours. B. Eligible part-time employees shall receive a prorated amount of paid time off on Town-approved holidays based on the number of hours per week that they are officially scheduled to work. • ~~~~ ~~~~ "`~"~/ 1 tOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-4-4 Miscellaneous Rules A. If aTown-approved holiday falls on a day when an eligible employee is on approved paid vacation„ personal or sick leave, the employee shall receive paid time off for the Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances for that day. • B. If aTown-approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive eight hours paid time off for that holiday. Section 4-4-5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following aTown-approved holiday, excluding the employee's regularly scheduled-day off, shall not receive paid time off for the holiday. Section 4-4-6 Work on Town-Approved Holidays If anon-exempt employee is required to work on aTown-approved holiday, the employee shall receive holiday .pay as described in Chapter 3 of .these Personnel Policies and Procedures. {oooi i6~o.DOC i 3 }4-9 ^'j~r NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. Section 4-5-1 Eligibility Employee eligibility for military leave shall be determined in accordance with the .provisions of applicable state and federal law. Section 4-5-2 Paid Military Leave A. An eligible employee ordered to military service shall be granted paid military leave of up to 240 hours in any two consecutive years. For the purposes of this policy, "year" means the fiscal year of the United States government. Leave which occurs on an employee's regularly scheduled days off shall not be charged against the 240-hour allotment. B. For required military service exceeding the 240-hour allotment, an employee shall be granted leave without pay or may use accrued vacation,. personal or compensatory leave. C. An employee ordered to military service shall provide his or her Department Head with written notification of the leave, together with a copy of the employee's military orders. The notification shall be provided at least one week before the start of the leave, if practicable. Section 4-5-3 No Break in Service Time spent in active military service is not a break in service. and shall be counted as credited service. {oooi i6~o_ooc i 3;4-10 • r~r~f ~~ /1\ T6WN-0F MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave to eligible employees. Section 4-6-1 Eligibility Regular full- and part-time employees, :including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive bereavement leave as described in this policy. Section 4-6-2 Amount of Bereavement Leave • A. Eligible employees shall receive up to three days bereavement leave for the death of an immediate family member. B. If travel outside the state is required, .employees may be granted up to two additional days bereavement leave at the discretion of the Department Head. C. An employee may request to use any available paid leave balances for additional time off as necessary.. Section 4-6-3 Request for Bereavement Leave An employee shall submit a bereavement leave request to his or her supervisor as soon as the need for the leave arises or as soon as possible thereafter.. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 4-6-4 Definition of Immediate Family For purposes of this policy, "immediate family" is defined as the employee's spouse, parent, child, brother or sister, .the employee's spouse's parent, child, brother or sister, the employee's child's spouse, grandparents or grandchildren and any other person whose association with the employee was similar to any of the above relationships. • {00011670.DOC / 3}4-l l ~r~`~'~ ~~~~ ~'/ 1 tOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Act (NDAA) of 2008, the Town of Marana provides family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to a serious health condition or disability, who wish to take time off from work duties to fulfill family obligations relating directly to childbirth, adoption or placement of a foster child, who must care for a child, spouse or parent with a serious health condition or who are caring for an eligible member of the Armed Forces as provided by the National Defense Authorization Act of 2008. Section 4-7-1 Definitions A. Health care provider, Health care providers who may provide certification of a serious health condition include: Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country B. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility • {oooi i6~a.ooc i 3}4-12 • ^T~.~' ~~~~ ~^'/1\ TOWN LIF N{AAAN1 CHAPTER 4 EMPLOYMENT BENEFITS 2. A period of :incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health -care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity {or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) 5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any .absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) • Section 4-7-2 Eligibility The following employees may be eligible for FMLA leave as described in this policy: A. Regular full-time employees who have worked for the Town at least 52 weeks (12 months). B. Regular part-time employees who have worked for the Town at least 1,250 hours in the previous 12 months. Section 4-7-3 Leave Entitlement A. Eligible employees shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. • C. If the FMLA leave period is insufficient and the employee is unable to fully perform the essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request in writing to use other forms of leave, including any accrued but unused sick or vacation leave and/or administrative leave without pay. The Town may require updated medical certifications to support the need .for the additional leave. However, in no case shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24-month period. If the {aooi ~b~o.~oc i s}4-13 ..~} ~~~~ /~\ TOWN-DF NiARANA CHAPTER 4 EMPLOYMENT BENEFITS employee is unable to return after this time, the Town may initiate separation of employment. Section 4-7-4 How FMLA Leave is Measured The Town uses a rolling 12-month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. Section 4-7-5 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4-7-6 Request for Leave A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee .requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-7 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or covered member of the Armed Forces shall be required to submit a medical certification form from a health care provider verifying the serious health condition and the need to provide care in the case of a serious health condition of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-8 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave,' paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the • • {oooi 16~o.DOC i 3}4-14 • • ~s~\ ~~~; :.~ .'/ 1 '~i TOWtdOF NIARi4NA CHAPTER 4 EMPLOYMENT BENEf ITS Town shall designate the leave as FMLA and inform the employee of the designation within two business days after receiving the employee's request for'leave. Section 4-7-9 Intermittent Leave Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. • B. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. C. The employee must attempt. to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. D. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-10 Continuation of Health Insurance Coverage During FMLA A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. D. The Town's obligation to maintain .health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is {00011670.DOC / 3}4-15 ,1~.~~,\ ~~~A ^~/ I TOVfNt?FMARANA CHAPTER 4 EMPLOYMENT BENEFITS. exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-11 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4-7-12 Suspension of Accumulation of Other Town-Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is not considered a break in service when determining eligibility for vesting or for participation in a benefit. Section 4-7-13 Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B. The employee shall provide a written release from a health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. B. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. C. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. For purposes of this paragraph, a "key" employee is a salaried eligible employee who is among the highest paid ten percent of employees for the Town. Section 4-7-14 Termination of Employment A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law.. • • {oooi i6~o.ooc i 3}4-16 • ~,--;_~. ~~~~~ :^r:%~' 1 TOWN -0F MARANA CHAPTER 4 E~IAPLOYMENT BENEFITS B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. Section 4-7-15 National Defense Authorization Act (NDAA) A spouse, son, daughter, parent or next of kin may take up to 26 work weeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise in the temporary disability retirement list for a serious injury or illness. • • {00011670.DOC / 3}4-1 ~ -~--,~' MA(~A~JA :/1\ 70WNOf NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-8 MATERNITY/ADOPTION/PATERNITY (MAP) LEAVE The Town of Marana provides maternity/adoption/paternity (MAP) leave to eligible employees. Section 4-8-1 Eligibility Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible for MAP leave as described in this policy. Section 4-8-2 Amount of MAP Leave Eligible employees may be granted up to 12 weeks MAP leave for the birth or adoption of a child. Section 4-8-3 Use of Accumulated Leave Employees shall be required to use any accumulated paid leave time (sick, vacation, personal and compensatory) concurrently with approved MAP leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid MAP leave. Section 4-8-4 Request for MAP Leave Employees shall submit MAP leave requests in writing to the Human Resources Department. The request shall include the purpose and requested duration of the leave. The Human Resources Department may require verification of the need for the MAP leave from a licensed health care provider. Section 4-8-5 Relationship of MAP Leave to FMLA Leave A. tf aMAP-eligible employee is also eligible for FMLA leave, MAP leave and FMLA leave shall run concurrently. B. Employees not eligible for FMLA leave may use MAP leave; however, job restoration is not guaranteed for non-FMLA-eligible employees returning from a MAP leave of longer than 30 calendar days. C. If an employee becomes eligible for FMLA leave while on MAP leave, the employee shall be subject to the FMLA leave provisions of this Chapter. {00011670.DOC / 3}4-1 g dar Council Meeting -November 18, 2008 -Page 48 of 164 Reg • • • • :r ~z=,\ ~~~ .~"'~' t TOY/N.OFMARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-8-6 Maintenance of :Benefits During MAP Leave Vacation and sick leave shall -not accumulate during MAP leave; however., the remainder of Town-provided employee benefits shall continue without interruption during MAP leave. • {ooo i i6~o.~oc i s}4-19 ~/~ ~~ ~.^'.~ TOWN:~:MAAAtJA CHAPTER 4 EMPLOYMENT BENEFITS Palicy 4-9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-9-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees may request administrative leave as described in this policy. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self-employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4-9-2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, .make a recommendation of approval or denial and forward the request to the Town Manager or designee. The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing requirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures Section 4-9-3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4-9-4 Administrative Leave without Pay A. Any regular full-time employee who has completed one year of employment with the Town may request an administrative leave without pay for non-medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit • • {00011670.DOC / 3}4-2~ • • ''~-f ~~ ! \ TOWN OF NIARANA CHAPTER 4 EMPLOYMENT BENEFITS to the Town and the recommendation of the Department :Head and the Human Resources Director. B. Any regular full- or part-time employee who is either not eligible for FMLA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical .purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the .medical necessity for and expected duration of the leave. The, Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform. the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24-month period. C. Employees who have been granted administrative leave without. pay shall not .accrue any vacation or other paid leave time and shall not. receive paid time off for Town- approved holidays during the unpaid leave of absence. • D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment status. E. Employees on administrative leave without pay may elect to continue group insurance .coverage. However, the employee .must bear both the Town's and the employee's share of the cost of the premiums. Payment must be submitted to the Finance Department by the 10th of each month to ensure continued coverage. Section 4-9-5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave request without receiving an extension in advance is considered to have resigned. B. Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMLA absence. ^1-~r MAA~IA TOWNQF MARANA CHAPTER 4 EMRLOYMENT BENEFITS. .Policy 4-10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own catastrophic personal illness or injury or the catastrophic personal illness or injury of an immediate family member. Section 4-10-1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-10-2 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are. receiving benefits through an insurance program paid for by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. Section 4-10-3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour-for-hour basis. B. Vacation leave and sick leave may be donated. {oooi i6~o.~oc i s}4-22 • • .] • --,~~ '~ ~~~ ~:.^^%/ 1 ~~~ CHAPTER 4 EMPLOYMENT BENEFITS C. The receiving employee and the Town are under no obligation to repay fhe donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to perform the essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. Section 4-10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the Human Resources Department. If it has not already been provided, the employee shall • include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4-10-5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town-provided employee benefits shall continue without interruption during the period of donated leave. • Rego {oooli6~o.~ocis}4-23 lar Council Meeting -November 18, 2008 -Page 53 of 164 ~-~'`~ ~~~~ /1~ TOMfN.f#MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-11 GROUP BENEFITS The Town of Marana provides group benefits coverage, including medical, dental, long-term disability, short-term disability and life insurances, for eligible employees. The Human Resources Department is responsible for implementation and administration of all group insurance plans. Section 4-11-1 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation .period, and term-limited temporary employees are eligible for coverage under all of the Town's group benefits programs, depending upon the restrictions and limitations of a particular benefit plan. B. Where applicable, the employee may elect to cover dependents under these programs in accordance with current contract requirements and rate schedules. Normal eligibility rules must be met. Section 4-11-2 Group Insurance Coverage The Town contributes to the costs of providing group insurance coverage for full-time employees and those part-time employees whose normal work week is at least 20 hours per week. The Town may also contribute to dependent coverage for eligible employees. Section 4-11-3 Voluntary Benefits Voluntary benefits such as benefits for dependents, supplemental health benefits and additional employee-related benefits are offered by the Town through the Human Resources Department, depending upon the limitations and restrictions of the particular plans. Voluntary benefits are offered at the discretion of the Town Manager or Town Council. Voluntary benefits are fully paid by the employee. Section 4-11-4- Retirement Plan A. Employees whose normal work week is 20 hours or more and who have met the eligibility requirement of the retirement plan are required to participate in the Arizona State Retirement System (ASRS) or, where applicable for sworn police personnel, the Public Safety Personnel Retirement System (PSPRS). B. Retirement benefits accumulate from both employee and employer contributions. Contributions to the retirement system are mandatory for eligible positions and are deducted from the employee's salary each payroll period. • • {oooi i6~o.coc i 3}4-24 • ~~~ TOWN. NIARANA CHAPTER 4 EMPLOYMENT Bf NEFiTS C. Employees are vested in accordance with the retirement plan in which they are enrolled. D. If an employee terminates service without :retiring, accumulated vested- contributions, with earned interest, are refundable upon :request. Section 4-11-5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part-time employees, including those serving in an initial evaluation period, and term- limited temporary employees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be informed that help has been sought unless the employee requests that the information be released. C, When stress or personal .problems intertere -with job performance, the Town will encourage and may require participation in the EAP to deal with job-related performance issues. When participation is required, confidentiality is maintained. The EAP. will only • verify that the employee has participated as required. D. Use of the employee assistance program may be a condition of continued employment if the Town's drug and alcohol abuse policy is violated. E. No employee will have his or her employment or promotional opportunities jeopardized solely by participation in the EAP, nor will participation in the EAP protect the employee from disciplinary action for substandard pertormance. {oooi i6~o.DOC i 3}4-25 r_r~/~ ~~~~1 /~\ TOWNQFMARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-12 WORKER'S COMPENSATION Worker's Compensation is a program of insurance administered by the Industrial Commission of Arizona to protect workers from loss due to awork-related accident or illness. Section 4-12-1 Reporting Requirement Any employee involved in an on-the job accident or injury as defined by the state Worker's Compensation laws must report the accident or injury to his or her immediate supervisor immediately, but no later than 24 hours after the accident or injury. An employee who has an occupational illness as defined by the state Worker's Compensation laws must report the illness to his or her immediate supervisor immediately upon becoming aware of the occupational illness. If the employee's direct supervisor is not available, the employee shall report the accident, injury or occupational illness to the employee's Department Head. Failure to report the accident, injury or illness within 24 hours may result in the denial of a Worker's Compensation claim. Section 4-12-2 Payments A. If a Worker's Compensation claim is approved for payment, Worker's Compensation pays astate-mandated percentage of the employee's daily wage. B. Worker's Compensation does not pay for the first seven days of time lost from work unless the total number of time off from work exceeds 14 days. If the claim is approved for payment after 14 days and the employee used paid leave balances during the first seven days of time lost, the employee's leave balances shall be reinstated upon receipt of funds by the Town. C. Hours of work lost due to the on-the job injury or illness are reported on the employee time sheet as "industrial disability." Section 4-12-3 Use of Paid Leave A. An employee receiving payments under the Worker's Compensation laws may use accumulated paid leave to supplement any hours not covered by the. payments. The Human Resources Director or designee shall approve such leave usage. B. When sick, vacation, personal or compensatory leave or short-term disability payments are used to supplement any payments that an employee is eligible to receive from Worker's Compensation benefits, the combination of Worker's Compensation payments, disability payments and/or leave benefit payments shall not exceed the employee's normal weekly earning. The purpose of this policy is to ensure that an employee does not suffer an economic hardship as a result of awork-related injury or illness.. However, • • {oooi i6~o.ooc i 3}4-26 • ~-~-~ X11 \ 70WN'~'.MARANA CFIAPTER 4 EMPLOYMENT BENEFITS the employee should :not realize a financial gain as a result ofi injury or illness. If the combina#ion of payment from Worker's Compensation and the use of other paid leave or disability benefits results in the employee being :paid more than his or her normal weekly earning, the Town shall require the employee to reimburse the Town for .the overpayment. • • Reg C. The Town shall not approve the use of sick or vacation leave for an employee who has an injury, illness or disease .incurred while employed by another employer. {00011670.DOC / 3}4-27 filar Council Meeting -November 18, 2008 -Page 57 of 164 MARDI ::~"/ l TOWN DF.AAARANA CHAPTER 4 EMPLOYMENT BENEFITS .Policy 4-13 BENEFITS CONTINUATION/COBRA The federal Consolidated Omnibus. Budget Reconciliation Act (COBRA) of 1985, amended by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a "qualifying event" would normally result in the loss of eligibility. The Town shall follow all applicable federal and state laws in determining what constitutes a qualifying event. Section 4-13-1 Payments Employees or beneficiaries participating in .COBRA benefits shall pay the full cost of coverage at the Town's group rates. plus an administration fee as prescribed by federal law. Section 4-13-2 Written Notification of Eligibility The Human Resources Director shall ensure that each eligible employee and/or beneficiary receives written notification regarding COBRA rights and benefits in accordance with applicable federal and state laws. {oool 16~o.~oc i s}4-28 • r~ ~~ • ~~-/ 1~lARAIA ~'/ 1 TOWN OfMARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-14 CIVIC DUTY The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and provides civic duty leave to eligible employees as described in this policy. Section 4-14-1 Eligibility • Regular full- and part-time employees, including those serving in an .initial evaluation period, and term-limited temporary employees are eligible for the various civic duty leaves as described in this policy Section 4-14-2 Jury Duty A. Eligible employees shall be granted up to 10 days of paid jury duty leave over any 12-month period. B. Employees shall show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence. C. Employees on jury duty shall be paid their regular base rate of pay provided that they submit any juror fee payments received from the court, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to serve on jury duty beyond the period of paid jury duty leave, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees shall report for work while on jury duty whenever the court schedule permits. F. The Department Head may ask the employee to request an excuse or postponement from jury duty if, in the Department Head's judgment, the employee's absence would create serious operational difficulties. Section 4-14-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off per instance when subpoenaed to appear in court. B. Employees shall show the subpoena their supervisor immediately after it is received so that the supervisor may make. arrangements to accommodate the employee's absence. • {oooi i67o.DOC i s}4-29 MAi~A ',~1 iOWNOF MAR/4llA CHAPTER 4 EMPLOYMENT BENEFITS C. Employees under subpoena shall be paid their regular base rate of pay provided that they submit any witness fee payments, excluding mileage and per diem payments, to the Finance Department. Employees may. keep mileage and per diem payments. D. If an employee is required to appear in court beyond the period of paid leave provided by this section, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave without pay. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave .balances for these court .matters. Section 4-13-3 Voting A. Any employee eligible .and registered to vote in any public election held within this state may request time off for voting. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. D. Employees are expected to vote at a time that minimizes impact on the department operations by voting during early or late voting hours. E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. Regi {aooi i6~o.DOC i 3}4-30 lar Council Meeting -November 18, 2008 -Page 60 of 164 r~ ~. • • • ,r~='~ ~~~~ ~^~ '/ 1 \ TC?WNOP AAARANA CHAPTER 6 EMPLQYEE DEVELOPMENT POLICY 6-1 EDUCATION ASSISTANCE The Town of Marana may provide education assistance in the form of tuition reimbursement to eligible employees. Section 6-1-1 Purpose The Town of Marana recognizes that the skills and knowledge of its employees are critical to the success of the organization. The education assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within the Town. Section 6-1-2 Budget Appropriation and Capacity A. The education assistance program is subject to "any limitations imposed by the Town's • budget appropriations and capacity and the availability of funds. If the Town Council is unable to appropriate sufficient funds .for the program, the Town shall be under no obligation to provide tuition reimbursement to employees. B. Available funds shall be disbursed to eligible employees on a first-come, first-served basis for any given fiscal year. Section 6-1-2 Reimbursement A. Employees approved for participation in the education assistance program shall receive reimbursement from the Town far 75 percent of approved tuition costs, as defined by this Policy. The employee shall be responsible for any remaining balances. B. The maximum assistance available to any one employee is $5,000 per fiscal year. C. The employee shall be responsible for all other expenses, including, but not limited to, books, supplies, parking, and application and registration fees. Section 6-1-3 Eligibility for Participation A. All regular full-time employees with satisfactory work and attendance records who have successfully completed the initial evaluation period are eligible to participate in the education assistance program. B. Employees who receive grants, scholarships, or veteran's benefits that cover tuition • costs are eligible to participate, but the Town will only reimburse the employee for those tuition costs that are not covered by these external funds. Reg lar Council Meeting -November 18, 2008 -Page 61 of 164 00011431.DOC / 3 6 - 1 ~~R~~~ /1~. TOWNO€MARANA CHAPTER 6 EMPLOYEE DEVELOPMENT C. Only courses that begin after a new employee's initial evaluation period ends will be eligible for reimbursement. D. Employees participating in the program must earn a grade of "C" or higher in graded courses or a grade of "pass" in pass/fail courses in order to remain eligible. Employees shall provide proof of satisfactory grades in the form of an original grade report or transcript to the Human Resources Department within 45 calendar days of the completion of each course. Section 6-1 -4 Criteria for Approval A. All courses shall be directly related either to the employee's present job or to a position within the Town to which the employee could logically progress in the future or a part of a planned program leading to an undergraduate or graduate degree in a field that has applicability to Town business (e.g., accounting, engineering, criminal justice). B. All courses shall be taken on the employee's own time, during off duty hours. C. All courses shall be taken at accredited colleges, universities or community colleges or at Town-approved vocational and trade schools. Section 6-1-5 Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department, before registering for any courses. B. All applications must have the prior approval of the employee's Department Head, as indicated by the Department Head's signature on the application. C. Applications shall be reviewed and approved or disapproved by the Human Resources Director or designee and the Town Manager or designee. Employees shall not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager or designee. D. If the application is approved, employees must submit a completed request for reimbursement, along with proof of satisfactory grade(s), within 45 calendar days of the completion of each course. Failure to submit the completed request as required within the time limit shall result in disqualification for tuition assistance. E. Requests for reimbursement shall be reviewed by the Human Resources Director and then routed to the Town Manager or designee. Upon final approval of the request for reimbursement by the Town Manager or designee, reimbursement shall be distributed to the employee. • • • Reg lar Council Meeting -November 18, 2008 -Page 62 of 164 00011431.DOC / 3 6 - 2 ., .~ ~~~ . `^%/1\ TOWN DF MARANA CHAPTER 6 EMPLOYEE DEVELOPMENT Section 6-1-5 Termination of Employment A. Employees participating in the education assistance program who separate from Town employment for any reason within 30 calendar days of receiving reimbursement shall be required to repay the Town the full amount of the reimbursement. B. The amount of repayment to the Town shall be withheld from the employee's final paycheck. C. If the amount of the employee's final paycheck is not sufficient to cover the cost of repayment to the Town, the employee shall be required to reimburse the Town for the amount due at the time of termination. • Reg lar Council Meeting -November 18, 2008 -Page 63 of 164 00011431.DOC / 3 6 - 3 ~~~ ~~~~ /1\ TOWN OF N1ARgNA CHAPTER 6 EMPLOYEE DEVELOPMENT Policy 6-2 TOWN-SPONSORED AND REQUIRED TRAINING It is the policy of the Town to encourage and coordinate training opportunities for employees and supervisors to enhance the efficiency and effectiveness of Town services. "Training" is defined as any work-related seminar, conference, convention or workshop attended by an employee when registration and expenses are funded in whole or in part by the Town. Section 6-2-1 Procedures A. The employee's Department Head must approve attendance at training programs within the state prior to registration by the employee. B. The Town Manager or designee must approve attendance at training programs out-of-state prior to registration by the employee. C. Town-sponsored and required training shall generally be arranged during regularly scheduled work hours. A Department Head may change the standard work hours of an employee to accommodate or require attendance at training activities. Required training shall be considered hours worked. D. Employees who acquire training on their own time and expense are encouraged to notify the Human Resources Department so the information can be noted in the employee's personnel file. A copy of any certificates awarded should be forwarded for inclusion in the employee's personnel file. E. The Human Resources Department shall maintain an employee training history and shall periodically audit training attendance and policy compliance. :~ • Reg lar Council Meeting -November 18, 2008 -Page 64 of 164 00011431.DOC / 3 6 - 4 • ~~R~~~ :'` w'1 TOWN OFNIARANA CHAPTER fi EMPLOYEE DEVELOPMENT Policy 6-3 SPECIAL LICENSES AND MEMBERSHIP FEES Membership in outside organizations shall be in the name of the Town, if possible. Section 6-3-1 As a Condition of Employment A. The Town will pay the current annual dues or fees for each employee who is required to be a member of a professional organization or who must maintain current a particular certification or license as a condition of employment. B. The employee must present a dues statement or other verification of the amount due to his or her Department Head. Payment will be made upon approval by the Department Head. C. Whenever possible, the Town will pay the dues or fees directly to the. professional organization or licensing agency on behalf of the employee. If the Town cannot pay the dues or fees directly to the professional organization, the Town will make a lump sum payment to the employee in the amount of the current annual dues or fees. Section 6-3-2 As a Condition of Professional Growth A. Employees who belong to professional organizations that are not required as a condition of employment, but that promote individual professional growth, competence. and effectiveness in functioning as Town employees are encouraged to attend local, state and national meetings subject to approval by the Department Head and budgetary limitations. B. Payment of dues and fees for these non-mandated organizations is the responsibility of the individual employee unless approved for Town payment by the Town Manager. Reg lar Council Meeting -November 18, 2008 -Page 65 of 164 00011431.DOC / 3 6 - 5 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM . To: Mayor and Council Item C 1 From: Kevin Kish, AICP ,Planning Director Subject: Resolution No. 2008-152: Relating to Development; approving and authorizing a final plat for Saguaro Ranch Phase I-B Lots 26 and 97-101 Discussion: History & Request Rick Engineering,. on behalf of Saguaro Ranch Development Corporation requests final plat approval fora 6-lot custom home subdivision on 24.8 acres within the Saguaro Ranch gated home community. The Saguaro Ranch Phase I-B final plat is a resubdivision of Block "A", • Common Area "A" and Lot 26 of Saguaro Ranch South Amended final plat approved by Town Council May 3, 2005, and recorded at Book 59 Page 69. Location The southern end of the site is located approximately one mile north of Moore Road and directly east of Old Ranch House Road, within a portion of Sections 20 & 29, Township 11 South, Range 13 East. Zoning and Lot Size The Saguaro Ranch. Phase I-B subdivision will consist of Lots 26 and 97-101. The zoning for the subdivision is RD-180 (Single Family Residential 180,000 square feet minimum lot size). The minimum lot size within this project is Lot 100 at 180,008 square feet with the average lot size of 180,052 square feet. The maximum allowable building height is 30 feet; however, the Saguaro Ranch CC&R's further restrict the maximum building height to l 8 feet for residential buildings. Transportation Plan Access to this portion of Saguaro Ranch is located within the main gated community along Old Ranch House Road beyond the tunnel through the previously approved Saguaro Ranch South Amended plat. Access to all lots will be off of Common Area "A" (Old Ranch House Road), which comprises the private street network. Disturbance The maximum allowable disturbance for the entire Saguaro Ranch project is 20010. The area of disturbance for each buildable lot will be defined at the time a grading permit is issued; this area will not exceed 27,000 square feet per lot as stated in general note #15. A proposed undisturbed area covenant must be submitted with each building permit application, which stipulates the • future preservation of the undisturbed acreage. The final document will be recorded prior to occupancy of the house. Tracking of total site disturbance will be performed by the Town using the metes and bounds surveys submitted with building permit applications in combination with Regular Council Meeting -November 18, 2008 -Page 66 of 164 • periodic surveillance of the site using aerial photography .and geographic information systems. Benefit Fee Area All home sites with the Saguaro Ranch Development are required to pay a park impact fee of $1.,000 and a school impact feet of $1,200 per lot at the time of building permit issuance per the pre-annexation agreement adopted by Town Council on June 17, 2003, Resolution No. 2003-65. Summary Staff has reviewed the request against the requirements of the Marana Land Development Code, the General Plan and the Pre-Annexation Agreement. The final plat is in conformance with all required development regulations and design guidelines. ATTACHMENTS: 'Name: Description.: Type: ^ Resolution 2008-XX ~uaro Ranch Phase I-B Resolution Resolution FP.doc ^ _Sa~ua_ro_Ranch_1-B FP Ap~lication~d_f Saguaro Ranch Phase {-B Final Plat Application Backup Material ^ PRV-08009f Saguaro _Ranch I-B F_P_pdf Saguaro Ranch Phase i-B Final Plat Location Map Backup Material ^ Saguaro Ranch.__I-B_Final. Plat L_o_st 26 97 thru 101~d_f Saguaro Ranch Phasa I-B Finai Plat Backup Material Staff Recommendation: • Staff recommends approval of the Final Plat for Saguaro Ranch Phase I-B with the following conditions: 1. Field modification showing the future utility connections for each of the proposed lots to the existing infrastructure within Old Ranch House Road must be accepted by the Town Engineer prior to -the recording of the final plat. 2. No ground disturbance may occur until the Town Staff has reviewed and accepted documentation that the required cultural resource work has been successfully completed. Suggested Motion: I move to approve Resolution No. 2008-152 with the recommended conditions. • Regular Council Meeting -November 18, 2008 -Page 67 of 164 • MARANA RESOLUTION N0.2008-152 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR SAGUARO RANCH PHASE I-B LOTS 26 AND 97-101 WHEREAS, Saguaro Ranch Development Corporation and Sally Gerber Phinny, the owners of Saguaro Ranch Phase I-B have applied for approval of a final plat for bsingle-family custom homes, and is generally located approximately one mile north of Moore Road and directly east of Old Ranch House Road, within a portion of Sections 20 & 29, Township 11 South, Range 13 East; and WHEREAS, the Town Council approved the Saguaro Ranch final plat on September 2, 2003, consisting of Lots 9-52, Blocks 1 through 4 and Common Areas "A" and "B"; anal WHEREAS, the Town Council approved the Saguaro Ranch South Amended final plat, a partial resubdivision of the original Saguaro Ranch final plat, on May 3, 2005, consisting of Lots 1-31, Parcel "A", Block "A" and Common Areas "A", "B" and "C"; and • WHEREAS, the Town Council, at their regular meeting November 18, 2008, has determined that the Saguaro Ranch Phase I-B, lots 26 and 97-101 final plat a partial resubdivision of Saguaro Ranch South Amended final plat, should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Saguaro Ranch Phase I-B final plat, consisting of lots 26 and 97-101, and is generally located approximately one mile north of Moore Road and directly east of Old Ranch House Road, within a portion of Sections 20 & 29, Township 11 South, Range 13 East is hereby approved with the following conditions: 1. Field modification showing the future utility connections for each of the proposed lots to the existing infrastructure within Old Ranch House Road must be accepted by the Town Engineer prior to the recording of the final plat. 2. No ground. disturbance may occur until the Town Staff has reviewed and accepted documentation that the. required cultural resource work has been successfully completed. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. ATTEST: .7 Jocelyn C. Bronson, Town Clerk Regular Council Meeting -November 18, 2008 -Page 68 of 164 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2008-152 MAi2ANA `, ~ .... \\l~ } ~ ,~;a.wu,. Tov~v t1F AZAIt.ANA Planning Department 1 155 1Ar. Civic Centar Dr. Marana ~.~ S~653 1:~2Uj382-2600 Pax: i_520j;fi2-269 PLANNING & ZONING APPLICATION l. TYPE Ol APPLICATION (Check One> o Preliminary .Plat ~ General Plan Amendment o Variance • Final Plat o Specific Plan Amendment o Conditional Use Pern~iit o llevelopmerlt PPan ~ Rezone/Shecific Plan n Other a Landscape Plan n 5i~~nificant Land l:se Change o Native Plant Permit o t`9inor Land Division 2. GENERAL DATA RE UIRED Assessor's Parcel Number(s) ~ General Plan Designation 23.4-10-1160 & 23.~-1Q-1050 ~ i~~oe~conf~n7edt~ sides Gross Area (.Acre~SG. Ft.) Current Zoning 24,:8 AC i9r 1,080,313 SE it'ot~:.oi~ttrm'b statD RD-180 Da~elopmentiProject Namc Proposed Zoning Sa uaro Ranch Lflt 26/BLS Project Location A p,~c>;, 3 .Mile North of Mere Rd. & East of O1~ Ranch House Rd. Description of Project 6 Lat. CtIStOfli Home Su bd 1 V 1 Si t7n Property Owner See Attached G~0 Sd UdrO Ranch COt"p01"dt10n Street Address P 0 Box 7 0 207 City State 7_ip Cade Phone Number Fax Number E-Mail Address Tucson AZ 85737 x+98-200 498-2311 Jerome@sa uarora Contact Person Phone Number Jerome Strack 498-23:00 ,Applicant ~ C r i Street Address. P .0 , Box 70'207 City State Zip Cade Phone Number Fax Number E-Mail Address Tucst~n AZ 85737 448-2300 4...48-2:311 Jerome@sa uarora Contact Person Phone Nun~her Jerome Strack 498-2300 AgentiRepresentative Rick En i neeri n Com art Inc . Street Address 1745 East River Road Suite 141 City State Zip Code Phone Number Fax Number E-Mail Address. Tucsa~ AZ 85718 745-1i?00 322-:6956 dcastro@rclcen i :Contact Person 'Town of Ivlarana Dan Castro Business License No. 114241 3. AUTHORIZATION OF PROPERTY Of~'ER I, the undersigned, certif}~ that till of the facts set forth in this application. are true to the bestof my knowiedbe and that I am either the or~ner ofthe property or that l have been authorized in writinc, by the owner to file this application and checklist, {If not pwner of record, Rtta wrifteq_autharization from the owner.) ~,~,~'~~ ~,?. , ~t. ,~ ~~ Z`~' Print Name ofA licantlA ent Si nature Date X:~SI-TARED FILES\Review Checklist\Apptication:doc May 2005 ch_net ch.nest tiering, com Regular Council Meeting -November 18, 2008 -Page 69 of 164 • ~~ ~ - ~`` ~~~: ~ ~ t~ ~ .~ ~~ ~ r~.-~.. ~` ~ ~ ~~L^d~J t~~F ~~E.~.~r,K'd~. Sa uaro Ranch Phase 1-B Final Plat CASE P RV-08009 ; _ gu Ra n e ~ S~ @Gt ~~ p@I' T B ar W M ARE RD RegUeSt o soo ~soo n. " A request for final plat approval of a 6-lot custom single family residential subdivision. 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 anv 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°r uti°a ~~ouncgft~'ee~ na' -November 18 2008 - Pa a 70 of 164 --_ __ I, 3JVd X009 _ ~ i om _ ~~," '. ~ x~~nme~mwn~ o g p • e' eorwn~~ o~ `k~ ~~ _ -~` ~p F„ ~„ n~ in CQ :x~_`a _ ~~ =~s~ w g~W =~ II LLz x ~~~~ S ovoa _ m 3~aaANaoHi ~ W e~ aa~.>g~= ~° ~ ° ~t~i ° ~ ~8 ~ -. ~ 5~ § ~° :~~o ~sa~ III €~ ~'. j~i ma°~w° a ~Q~~.,. <=g ~ ~ w~ ~ ~~x o - ~~o ~av=~_~a~~e ~ sg ! ~®Nm~"m§a o d m~Pm~= o ~~ _ ~s~ ~ = ~_W az=.`wosW~ ~_ ~I~ .°~~ar$ ~ ~ _~ o Ws s - _sg agaaW~~zg~o s~ z~~~o~~„ w i (p 6~QY ~ ~o€~ ~w ~w wa < m6°a W ~~W I~ ~i Z ~ _m _~YW ~~ ^~r«~a5ns~n ~ I ~= I~ I _. 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J. s ¢ T~ _ .20 21, .6p B ~ `Po,br. .q3. / W 6! 1 ~~\ \ \ .fib \ ~2i % ~~ \ \ m r I \ YA ~~ ~~ I l 1 I'' I 1' ¢~ // ~o$Y i 3'm~ °~"'r ~ 3W3~ OZ NOLlytl NQ1~35-0IW [S] ~ ~ \ 9 v z o.p Lb 4Z 1 V ''~~J~S ~ rcwo ^ ~ '~ R L D4 ~ \ 'N \ ~ C to Li.l x1G ~ ~H _ °~r N moID ~I ~ - ii 9j ~' ~~ '~. ~ ~ I ij ~I j g^ ~¢ ~ ~ o ~~~~ F ~y .~R~ ~ d '. 5p M1 xR'9mL(>j ~ • ~~ ~./` 1 ,.w.. a......,. 1.1555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item C 2 From: Josh Wright ,Assistant to the Town Manager Subject: Resolution No. 2008-153: Relating to Economic Development; approving and authorizing the Mayor to execute an intergovernmental. agreement with Pima County, the City of Tucson, the City of South Tucson, and the Town of Sahuarita relating to the .creation of an enterprise zone, and declaring an emergency. Discussion: This item facilitates the Town of Marana's continued involvement in the Arizona Department of Commerce enterprise zone program. • The primary goal of the Arizona enterprise zone program is to improve the local economy of areas in the State with high poverty or unemployment rates. The program does this by enhancing opportunities for private investment in certain areas that are called enterprise zones. Enterprise zones are designated by the Arizona Department of Commerce. Increased investments in high-poverty or high-unemployment areas tend to strengthen property values anal encourage quality job creation to promote the vitality of the local economy. The Arizona enterprise zone program incentivizes increased investments in these areas through two programs: income or premium tax credits and property tax benefits. Under the income or premium tax credit scenario, businesses that demonstrate net increases in qualified employment positions at a site located in an enterprise zone may be eligible for tax credits up to $3,000 per qualified employment position over three years. Under the property tax benefit scenario, property reclassification is available for qualified manufacturing or printing businesses in an enterprise zone. These types of businesses may be eligible for an assessment ratio of five percent on all personal and real property in the zone for five years. Although additional terms and restrictions apply under both scenarios, the enterprise zone program has the potential to be used as an effective economic development tool in underserved areas. The Tucson-Pima Enterprise Zone was approved by the State of Arizona effective January 1, 1991, and has been reauthorized on multiple occasions since that time, most recently in 2003. This resolution authorizes the Town to join with other regional governments, via an intergovernmental agreement, in renewing an application for participation in the enterprise zone program. ATTACHMENTS: Name: Description: Type: • ~ reso_enterprise._z_one 2008.DOC Resolution Resolution Regular Council Meeting -November 18, 2008 -Page 76 of 164 . ^ INTERGOVERNMENTALAGREEMENT y3.:pdf NEW IGA t 1-4-08 Backup Material ^ _MARANA S~naturePage_pdf signature page Backup Material ~ TREO Zones Ports_ESize .Green R.e..yise.pdf Exhibit A -Map Exhibit Staff Recommendation: Staff recommends approval of the resolution and declaration of an emergency. Suggested Motion: I move to adopt Resolution No. 2008-153. • • Regular Council Meeting -November 18, 2008 -Page 77 of 164 • MARANA RESOLUTION N0.2008-153 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY, THE CITY OF TUCSON, THE CITY OF SOUTH TUCSON AND THE TOWN OF SAHUARITA RELATING TO THE CREATION OF AN ENTERPRISE ZONE, AND DECLARING AN EMERGENCY WHEREAS the Arizona Department of Commerce initiated an enterprise zone program pursuant to A.R.S. Sec. 41-1521, et seq; and WHEREAS this program's intent is to improve economically depressed sections of cities, towns and counties through the development ofjob-creating uses; and WHEREAS Pima County, the Town of Marana, the Town of Sahuarita, the City of South • Tucson, and the City of Tucson have identified an area that meets the State's eligibility criteria for enterprise zone designation which is contained in the map attached as Exhibit A hereto; and WHEREAS .the Town finds that it is in the best interests of the citizens of the Town of Marana to participate in an enterprise zone. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Section 1. The Mayor is authorized to execute an intergovernmental agreement with Pima County, the City of Tucson, the City of South Tucson and the Town of Sahuarita relating to the creation of an enterprise zone, in the form presented to the Mayor and Council concurrently with this Resolution. Section 2. The Mayor is authorized to take all actions necessary and appropriate to carry out his duties in his official capacity as a member of the Enterprise Zone Commission as established in the Intergovernmental Agreement referenced under Section 1 above. Section 3. The Town .Manager and Staff are authorized to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernmental agreement. Section 4. It is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby • declared to exist and this resolution shall be effective immediately upon its passage and adoption. Regular Council Meeting -November 18, 2008 -Page 78 of 164 • PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MA.RANA, ARIZONA, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • • Regular Council Meeting -November 18, 2008 -Page 79 of 164 2 • INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON PIMA COUNTY THE CITY OF SOUTH TUCSON THE TOWN OF MARANA AND THE TOWN OF SAHUARITA for the establishment of a JOINT ENTERPRISE ZONE COMMISSION INTERGOVERNMENTAL AGREEMENT, entered into this day of 2008, pursuant to title 11, Chapter 7, Article 3, A.R.S., by and • between the City of Tucson, a municipal corporation, hereinafter sometimes. referred to as "Tucson", the city of South Tucson, a .municipal corporation, hereinafter sometimes referred to as "South Tucson", the Town of Marana, hereinafter sometimes referred to as "Marana", the Town of Sahuarita, hereinafter sometimes referred to as "Sahuarita", and Pima County. WHEREAS, the Arizona Department of Commerce has initiated an enterprise zone program pursuant to A.R.S. Sec. 41-1521, et seq.; and WHEREAS, the Pima County, the cities of Tucson and South Tucson, and the town of Marana and Sahuarita desire to participate in the state enterprise zone program; and WHEREAS, A.R.S. Sec. 41-1522 provides that a county and adjacent cities, through their respective governing bodies, may. jointly participate in the enterprise zone program by establishing a Joint Enterprise Zone Commission by Intergovernmental Agreement, and • Regular Council Meeting -November 18, 2008 -Page 80 of 164 • WHEREAS, A.R.S. Sec. 41-1524 provides that and Enterprise Zone Commission may apply to the Department of Commerce to designate a qualified area as an enterprise zone; and WHEREAS, the Pima County, the cities of Tucson and South Tucson, and the towns of Marana and Sahuarita have determined that entry into this Intergovernmental Agreement. in order to establish a Joint Enterprise Zone Commission, and to submit an application to the Department of Commerce for the designation of an enterprise zone, is in the public interest, NOW, THEREFORE, PURSUANT TO THE ABOVE AND IN CONSIDERATION OF THE COVENTANTS AND CONDITIONS HEREAFTER SET FORTH, Pima County, the cities of Tucson and South Tucson, and the towns of Marana and Sahuarita do mutually agree as follows: I. PURPOSE OF AGREEMENT The purpose of this Agreement is to establish a joint enterprise zone commission pursuant to A.R.S. Sec. 41-1522, to be known as the Tucson Pima • Enterprise Zone Commission, and define its authority and duties. II. ESTABLISHMENT OF COMMISSION Upon execution of this Agreement by all parties, there is established a Tucson Pima Enterprise Zone Commission ("Commission"), which shall consist of the Chairperson of the Pima County Board of Supervisors, the mayors of South Tucson, Marana, and Sahuarita, and the Mayor and two Council members of the City of Tucson who shall serve as the Tucson Pima Enterprise Zone Commission. III. ZONE ADMINISTRATOR The Senior Vice President for Business Development of Tucson Regional Economic Opportunities (TREO), as the regional representative of the governing bodies participating in this agreement, shall be appointed to serve as Zone Administrator pursuant to A.R.S. Sec. 41-1522. IV. AUTHORITY AND DUTIES OF COMMISSION The Commission shall identify the area described in Exhibit A to this • Agreement as an enterprise zone and shall apply for designation of this area as Regular Council Meeting -November 18, 2008 -Page 81 of 164 • provided in A.R.S. § 41-1524. The Tucson Pima Enterprise Zone Commission is authorized to, and shall perform, all the duties contained in A.R.S. Sec. 41-1522 to 41-1528, except that designation or renewal of designation of enterprise zone boundaries is subject to prior approval by all parties. V. FINANCE AND ADMINISTRATIVE SUPPORT Staff from Pima County, the cities of Tucson .and South Tucson, and the towns of Marana and Sahuarita will cooperatively provide administrative support to the Enterprise Zone Commission under the direction of the Zone Administrator. VI. INSURANCE AND LIMITATION OF LIABILITY Each party agrees to hold the other party harmless by reason of its individual activities hereunder and each party shall be solely responsible for its own acts of omissions by reason of its operations under this Agreement. VII. TERM OF AGREEMENT The agreement shall continue until it is terminated pursuant to section VIII • hereof. VIII. TERMINATION This Agreement may be terminated at any time by any party hereto giving not less than 30 days written notice to the other parties. IX. LEGAL JURISDICTION Nothing in this Agreement is to be construed as either limiting or extending the jurisdiction of Pima County, the cities of Tucson and South Tucson, or the towns of Marana and Sahuarita. X. EFFECTIVE DATE This Agreement shall become effective upon its filing with the Secretary of State pursuant to A.R.S. Sec. 11-952(g). XI. CANCELLATION This Agreement may be canceled pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. XII. Non-Discrimination. The parties shall not discriminate against any employee, or any other individual in any way because of that person's age, race, creed, color, religion, Regular Council Meeting -November 18, 2008 -Page 82 of 164 • sex, disability or national origin in the course of carrying out duties pursuant to this Agreement. The parties shall comply with applicable provision of Executive Orders 75-5, and amended by Executive Order 99-4, which are incorporated into this Agreement by reference as if set forth in full herein. XIII. Compliance with Americans with Disabilities Act. The parties shall comply with all applicable provision of the Americans with Oisabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. • Regular Council Meeting -November 18, 2008 -Page 83 of 164 TOWN OF MARANA A :municipal corporation By: .Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney Town of Marana • :7 Regular Council Meeting -November 18, 2008 -Page 84 of 164 i Pima County z_ . ~..._ ~ ~~~ ._ Spotlight on Transportation & Logistics Tucson MSA • 152 Logistics Service Providers • 3,69@ Workforce ... ~ .,,..,, .. ' i ... : !, ~~ ~ ~ ! ~ , , ~_. ____ ~ r ~. -K•1.i~N~ F a~ \ !9n ,; . ~ ~ ~~ n s r ~. ~~ r~ ~_ ~ ,~~ ~ ~~ 77~ (p~( i 1rI , ~ yfj[g(~ r 1 ^I.. ~ ! ~ 4j 1 ~ffi~ +1.~ ewn i 3~ `e~ r~ ~-. ~i°il .., r~,~, ... ~ E ~' ~ ~i ~.,~ _.~ . ; °''r, x ~ LEGEND ^ '~ Air Service (17) ®Third Party Logistics Service (19) ~ ~ RailroaJ ~ Foreign Trade Zlme Logistics Support Service (7.4) Truck Service (77) Major Roads Empowerment Zone t~ '"~"~r,~~ ~ ~,~ t,, i 5C? Rail Service (4) f~ Warehouse Service (11} f ounly Lme t-nirrpnsra Tone _~ _ ._ _ _ _ .. w_ .,_ ~. _ _.~, _ _ __ ...__. ~._. ., \' >n . ,. .... ~., ~` ~ ~ ui r.!!~!!M1! ~. . ireN(16itf flvFRVIIINIIl1~ Vima Ati~,rrialirrn rrl (nvaminenrs ..,..... ~. ... _.. ,,. .,~-... M, T......,...> ~.._, ~.. .............. Regular Council Meeting -November 18, 2008 -Page 85 of 164 ~~jl ~~ ~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item C 3 From: Keith Brann ,Town Engineer Subject: Resolution No. 2008-154: Relating to Public Works and Development; authorizing an application to the U.S. Fish and Wildlife Service for a permit under Section 10 of the Endangered Species Act Discussion: The Town of Marana has completed a draft Habitat Conservation Plan (HCP), which is the first step toward obtaining a comprehensive incidental take permit to comply with the Endangered Species Act of 1973. This permit will facilitate future capital project developments undertaken • by the Town and will also provide the opportunity for private development projects to secure coverage for compliance with the Endangered Species Act. The draft HCP was presented to the Town Council in September. The next step in the process requires the Town to submit an application for the incidental take permit. This application will trigger the U.S. Fish and Wildlife Service to advertise a period of public review and comment in the Federal Register on Marana's draft HCP and draft Environmental Impact Statement (EIS). Following this review and comment period, Marana will make necessary updates to the HCP and EIS. Marana's next update is also anticipated to address funding strategies for environmental mitigation requirements as they relate to the adoption and implementation of the HCP. The funding strategies will be included for Council consideration as part of the final HCP adoption. Financial Impact: Budget is currently in the draft stages. The cost will need to be determined with a funding mechanism. prior to permit issuance. ATTACHMENTS: Name: Description: ~ Resolution 2008-xxx.DOC Resolution Staff Recommendation: Staff recommends approval of Resolution 2008-154. • Suggested Motion: I move to approve Resolution 2008-154. Type: Resolution Regular Council Meeting -November 18, 2008 -Page 86 of 164 MARANA RESOLUTION NO.2008-154 RELATING TO PUBLIC WORKS AND DEVELOPMENT; AUTHORIZING AN APPLICATION TO THE U.S. FISH AND WILDLIFE SERVICE FOR A PERMIT UNDER SECTION 10 OF THE ENDANGERED SPECIES ACT WHEREAS the Town of Marana recognizes the need, in connection with future Town capital improvement projects, to obtain a comprehensive incidental take permit to comply with. the Endangered Species Act of 1973; and WHEREAS the Town has developed a draft Habitat Conservation Plan (HCP) and draft Environmental Impact Statement (EIS) in anticipation of obtaining a comprehensive incidental take permit; and WHEREAS the incidental take permit will also provide the. opportunity for private development projects to secure coverage for compliance with the Endangered Species Act; and • WHEREAS the Town must submit an application for the incidental take permit before the U.S. Fish and Wildlife Service will advertise in the Federal Register to request public review and comment on the draft HCP and draft EIS. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, authorizing and directing the Town Manager and staff to prepare, sign, and pay filing fees associated with the submission of an application to the U.S. Fish and Wildlife Service for an incidental take permit under Section 10 of the Endangered Species Act, as necessary to bring forward the HCP anal EIS for public review and comment. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,. this 18~' day of November 2008. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~P~tl~c~i~ l~~ti~g -November 18, 2008 -Page 87 of 164 Ed Honea, Mayor • ~..~~~~~ .. ~~~fi-1 ~ 1 1 `~; ,~.. 4~ .~,~... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson, MMC ,Town Clerk Item C 4 Subject: Resolution No. 2008-155: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license subnutted by Mark Harold Evenson on behalf of Chuy's Mesquite Broiler located at 4499 W. Ina Road Discussion: Mark Harold Evenson, on behalf of Chuy's Mesquite Broiler is applying for a new No. l 2 (Restaurant) liquor license for premises located at 4499 W. Ina Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". • The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -November 18, 2008 -Page 88 of 164 • A copy of the application is on file with the Town Clerk and is not contained with. these materials. ATTACHMENTS: Name: Description: Type: ^ Reso_-Approval-Chu~%s_d_._oc Ghuy's Liquor I_ic-Approval Resolution Resolution ~ Re§o.-Disapproval- Chuy`s Liquor Lic-Disapproval Resolution Resolution Chuys_.doc Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2008-155. or I move to disapprove Resolution No. 2008-155. • • Regular Council Meeting -November 18, 2008 -Page 89 of 164 • MARANA RESOLUTION N0.2008-155 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD-FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY MARK HAROLD EVENSON ON BEHALF OF CHUY'S MESQUITE BROILER LOCATED AT 4499 W. INA ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Mark Harold Evenson has applied for a new No. 12 (Restaurant) liquor license on behalf of Chuy's Mesquite Broiler, for premises located at 4499 W. Ina Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 4499 W. Ina Road for 20 days along with. a statement requiring any bona fide resident residing, owning, or leasing • property within a one mile radius in favor of or opposed to such issuance of the license to file, written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on November 18, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Chuy's Mesquite Broiler, filed by Mark Harold Evenson for premises located at 4499 W. Ina Road, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license for Chuy's Mesquite Broiler, filed by Mark Harold Evenson for premises located at 4499 W. Ina Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: • Jocelyn C, Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -November 18, 2008 -Page 90 of 164 • MARANA RESOLUTION N0.2008-155 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY MARK HAROLD EVENSON ON BEHALF OF CHUY'S MESQUITE BROILER LOCATED AT 4499 W. INA ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Mark Harold Evenson has applied for a new No. 12 (Restaurant) liquor license on behalf of Chuy's Mesquite Broiler for premises located at 4499 W. Ina Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 4499 W. Ina Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing • property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on November 18, 2008, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Ghuy's Mesquite Broiler filed by Mark Harold Evenson for premises located at 4499 W. Ina Road, be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends disapproval of the application for a new No. 12 (Restaurant) liquor license for Chuy's Mesquite Broiler filed by Mark Harold Evenson for premises located at 4499 W. Ina Road. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: • Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -November 18, 2008 -Page 91 of 164 • ,'~''"~~L.~.~ ~~H ~~''" i '" 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item C 5 From: T VanHook ,Community Development Director Subject: Resolution No. 2008-156: Relating to the Police Department: authorizing full execution of a grant agreement with the Arizona Criminal Justice Commission. for funding of Marana's participation on the Southern Arizona DUI Task Force Discussion: Marana participates in the Southern Arizona DUI Taskforce under an Intergovernmental Agreement with Tucson, Pima County, and other area agencies. Taskforce deployments coincide with major holidays and special events like Rodeo Week and the prom graduation season. The • Taskforce coordinates a regional DUI abatement effort that includes both enforcement and media coverage targeting holiday partiers. DUI Taskforce deployments allow the Marana Police Department to increase the number of officers on the roads by providing additional staffing to targeted DUI enforcement in trouble. areas without reducing the department's ability to respond to calls. Each deployment utilizes two (2) to four (4) officers on an eight (8) hour shifts for a total of 32 hour of overtime. Coordinated efforts between the Marana Police Department and the Southern Arizona DUI Taskforce to reduce the number of impaired drivers along the I-10 corridor and other targeted areas within the Town of Marana have been extremely successful and Town officials recognize the value of deployments. The grant award from the Arizona Criminal Justice Commission through the Oversight Council on Driving or Operating Under the Influence Abatement initiative offers Marana the ability to be active on a regional basis and play its part to save lives and provide safer roadways for its neighbors, friends, and visitors. The $19,000 award will cover the hourly wage ($15,000) and employee related expenses ($4,000) for officer overtime expense. As a participant on the Taskforce, Marana will be responsible for reporting statistics to the Arizona Department of Transportation related to deployments, and the blood alcohol content test results of each driver involved in a fatal cash . Financial Impact: This Grant Agreement provides funding for overtime and ERE.. The cost of operating vehicles and other deployment costs are not covered by the funding. ATTACHMENTS: Name: Description: Type: Resolution ~ Police -DUI Abatement Police DUI Grant Agreement Resolution Regular Council Meeting -November 18,2008 -Page 92 of 164 Resolutio_n_i__1-2008.doc Staff Recommendation: Staff recommends authorization full execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation bn the Southern Arizona DUI Task Force. Suggested Motion: I move to approve Resolution No. 2008-156 authorizing full execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the Southern Arizona DUI Task Force. • r~ ~. Regular Council Meeting -November 18, 2008 -Page 93 of 164 • MARANA RESOLUTION N0.2008-156 • • RELATING TO THE POLICE DEPARTMENT: APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR FUNDING MARANA'S PARTICIl'ATION ON THE SOUTHERN ARIZONA DUI TASK FORCE WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to reduce the number of DUI related collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of impaired drivers on Arizona roadways; and WHEREAS, The Arizona Criminal Justice Commission has awarded the Marana Police Department a grant to help further these goals; and WHEREAS, grant funding will support overtime pay for police officers during a period from December 1, 2008 to June 30, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to overtime pay for police officers related to Southern Arizona DUI Taskforce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -November 18, 2008 -Page 94 of 164 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 5, 2008, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING • CALL TO ORDER AND ROLL CALL. All Council Members were present except Vice Mayor gai, who was excused PLEDGE OF ALLEGIANCE/INVOCATION/1VIOMENT OF SILENCE. Mayor Honea led the pledge and asked for a moment of silence. APPROVAL OF AGENDA. Motion to approve as amended by moving Item CS to Al made by Council Member McGorrav, second b1~ Council Member Clanagan. Motion passed 6-0. CALL TO THE PUBLIC PRESENTATIONS P 1: Presentation: Relating to Transportation: A presentation by Union Pacific Railroad on grade crossings and key infrastructure elements in the Town Luis A. Heredia, Director of Public Affairs for Union Pacific Railroad, 1301 E. Harrison, Phoenix, AZ 85034 addressed Council and introduced his colleague Aziz Aman, Manager of Industry & Public Projects. Mr. Heredia presented a PowerPoint (attached and made a part of the record)emphasizing the impact of railroad on 23 states and also the Sunset Route which runs from El Paso to Los Angeles and how it impacts Arizona and Marana. He noted that he will be presenting to the Arizona Corporations Commission what is being proposed between Union Pacific and Marana. He further noted that in Arizona there are over 1200 employees and 691 miles of track. Union Pacific is • investing in Arizona to improve service. There is a significant movement toward a Regular Council Meeting -November 18, 2008 -Page 95 of 164 capital investment plan including the double tracking and the network to expand the yard and terminal capacity to better serve the region to take the finished goods to major markets like Phoenix. He then proceeded to discuss double track project benefits. He noted that Marana does experience slow movements at the side tracks, so the double track will move the trains faster. The State of Arizona has three segments -the Wilcox segment, which is the eastern edge to Tucson, and the core segment of Maricopa to Tucson and then west to Yuma. This is described on the Sunset Route 1997-2010 slide. The main goal is to complete all 700 miles of double track from West Colton to El Paso this year. A lot of resources have been shifted to California to benefit Arizona. They are doing preliminary grading work. Aziz Aman then addressed that the major part of the doubt track is the grading. They want to make sure everything is in compliance with the permits that were issued. The same is true for drainage work forthe bridges and culverts. Union Pacific will replace 60% of the existing structures. There will be J 4l new bridges and 70 culverts. The second portion of major work is the track construction. The ties are provided by a local fabricator in Tucson which brings benefit to the local economy. Another component of the double track is the compliance with. the Arizona Corporations Commission (ACC) for safety features - a collective effort of Marana, Pirna County and ACC staff to be safe and have efficient crossings. Mr. Heredia continued by discussing proposed work and design plans which is part of the application process to the ACC. Rail Efficiency was addressed by Mr. Aman, noting that the major asset that the Town has is being connected to a • network to the nation's economy. Mr. Heredia discussed what has been the topic between Union Pacific and town staff -the need to develop a 25-year agreement between the parties which ~s the fiirst step m building an MOU with the Town. Both parties have agreed to meet and cooperate to expedite the review of utility and easement rights of way in this regard. He believes Union Pacific is significantly improving their relationships with municipalities. Union Pacific will cooperate and coordinate with the Barnett channel, cooperate on inspection and maintenance of existing and proposed structures including the Tangerine Road overpass. He listed a variety of projects on which Union Pacific will cooperate and the level of financial contribution. On this subject, he noted the Union Pacific is trying to eliminate public crossings. Union Pacific will ask the Town to provide support on their behalf to ACC for the crossings within Marana's jurisdiction. Mayor Honea asked if the railroad trip was still on. Mr. Heredia said they are finalizing. the details but expect the trip to go forward as planned on Monday afternoon. This will be a shuttle to Casa Grande and then eastbound. Council Member Ziegler raised the issue of `expediting' in the agreement, noting that her prior experience with the railroad. She also asked if the town has everything it needs from the railroad. Barbara Johnson responded that we do have everything. There are single points of contact for review and requests. She commended the railroad on a tremendous cultural change. Mr. Aziz represented this is one of their goals - to solve problems and look forward and move forward. Mr. Heredia discussed the historical path where communication had broken down that they are now trying to repair. He further noted that the territory was too large to adequately respond to the concerns. • Regular Council Meeting -November 18, 2008 -Page 96 of 164 • P 2: Presentation: Relafing to Streets: A presentation on the naming of three major routes roadways in the Town of Marana. Kevin Kish presented this .item. He noted that several streets were planned as part of the Major Routes 1?~lan. Staff is looking at three specific routes and direction on naming the streets to tie into branding of the town. Staff desires to have a single street name for the three street segments. Mr. Kish distributed two route maps to Council to refer to during the presentation. The eastern side road from Lambert on the south to Pinal County is one area. The second .area is the new Twin Peaks interchange and the alignment from Dove Mountain extension to Linda Vista; and the third is the Thornydale Loop Road extension west that ties into Dove Mountain and Heritage Club Drive. He then showed aerial topography of the areas referred to and the Eastern Parallel Arterial and the projects within the area. He noted that staff recommends using Adonis Road for the first route as it has ties to the origins of the .community. For the Thornydale Connector which runs from Dove Mountain Boulevard to Thornydale, staff recommends Cay~ton Ranch Road, and he described the significance of the name and the historical tie to the area. Staff would like to come up with other names to make sure there are no conflicts. The Dove Mountain Extension is the third route. There is some right of way within Pima County. Staff recommends setting the name to Dove Mountain Boulevard from Tangerine to the intersection with Linda Vista Boulevard. He noted staff is looking for direction and comments on the proposed street naming and indicated that staff would likely be bringing back individual resolutions on each segment. • Council Member McGorray stated that there is overuse of "Tortolita" which causes confusion. She likes Adonis, Dove Mountain Boulevard, and believes Cayton for the historical ranch area is another good name. Council Member Ziegler asked where the Cayton Ranch area is located. Upon motion b~~ Council Member Clanagan, second by .Council Member Zieb ler, sta. ff was directed to move forward as requested. Motion passed 6-0. ANNOUNCEMENTS/UPDATES -Jocelyn Bronson updated Council on the filing dates for candidate papers for the spring Council elections. PROCLAMATIONS - MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS - Council Member Clanagan noted that the section of Silverbell between Ina and Cortaro opened on Saturday. He was very pleased with the condition of the project. No major problems that he was aware of -many kudos to staff. Council Member Ziegler attended the first Marana Heritage Festival on October 26 - it was a nice day and will become something that people will go in years to come. She also congratulated Barbara Johnson on the Thornydale project. Council Member McGorray also extended her congratulations on the Heritage Park. Mayor Honea echoed the previous comments on the Heritage Park festival and noted that the Halloween Spooktacular had lots of kids of various age levels - a safe and fun place for people to take their children. He indicated that he and Deb Thalasitis had been at the Grand Canyon for a Town Hall regarding affordable housing for several days. He said that it was a very intense program but also a very productive session. Regular Council Meeting -November 18, 2008 -Page 97 of 164 • ~ MANAGER S REPORT: SUMMARY OF CURRENT EVENTS - Gilbert Davidson extended his congratulations to the CIP teams on the roads and the new park. He noted that after the solid waste study session a couple of weeks ago there was some private sector response which is good news for residents. He will continue to present information as the issues progresses. STAFF REPORTS - GENERAL ORDER OF BUSINESS CONSENT AGENDA -Upon motion by Council Member Post, second by Council Member Comerford, the ConsentAgenda was approved as amended by moving item C-5 to the Action calendar. Motion passed 6-0. C 1: Resolution No. 2008-145: Relating to Town Facilities; approving and authorizing the Mayor to execute a use agreement between the Town. of Marana and OId Pueblo . Archaeology Center regarding the use of portable buildings at the Marana Operations Center; and declaring an emergency C 2: Resolution No. 2008-146: Relating to Streets; authorizing the renaming of Street A along Tangerine Farms Road to "Rillito Village Trail'' and the renaming of Street B along Tangerine Farms Road to "Crossroads Trail" C 3: Resolution No. 2008-147: Relating to Development; acceptance of public improvements for maintenance for Butterfly Mountain C 4: Resolution No. 2008-148: Relating to Development; approving and authorizing a final plat for Safeway #1749 Lots 7-9, a resubdivision of Lot 7 C S: Resolution No. 2008-149: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the Marana Police Department and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center regarding the statewide terrorism liaison officer program Jane Fairall presented this;item and described the programs and the revisions to the IGA which was contained in the Council packets. Department of Public Safety (DPS) provided a different version. She described the changes noting that the final version is a better agreement, highlighting the areas of change: equipment -there is a different funding mechanism which is the state Homeland Security Grant Program. In that same section 2 they included a new provision that the MPD is insured within the scope of the agency's (town) coverage. The biggest change is section 3 for reimbursement of travel expenses to and from an emergency incident by DPS or the appropriate agency. The last change is in section 7 -termination and cancellation -giving back equipment upon termination. That section was removed and now reads "Upon termination, equipment. will be returned to DPS." Upon motion by Council Member Comerford, second by • Council Member McGorray, the resolution was passed 6-0. Regular Council Meeting -November 18, 2008 -Page 98 of 164 • C 6: Resolution No. 2008-150: Relating to Liquor Licenses; approval and. recommendation to the State Liquor Board for a person and location transfer of a No. 06 {Bar) liquor license submitted by Kenneth Willard Depew on behalf of The Ritz-Carlton Golf Club, Dove Mountain located at 6501 Boulder Bridge Pass C 7: Minutes of the September 3, September 16, October 7, October 21, 2008 regular council meetings and the September 9, and October 14, 2008 special council meetings COUNCIL ACTION A 1: Resolution No. 2008-151: Relating to Intergovernmental Relations; authorizing the Town of Marana to join and participate in the Centra] Arizona .Association of Governments. Barbara Johnson presented this item and introduced Maxine Brown from the Central Arizona Association of Governments (CAAG). Ms. Johnson noted that when she attempted to get two 208 permits from Pinal County she found that the Town was not a member of the CAAG. Ms. Brown gave some history of CAG, and Ms. Johnson was recommending that the Town become a member of CAAG. CAAG is an 18-member organization established in 1970 to bring entities together. Regional planning, social services and public participation and facilitation for members are among the issues they. attempt to seek resolution on. CAG is similar to PAG. There. are six meetings a year and each entity has one vote and she welcomed Marana to their organization. The general membership dues are $100 for Marana's population.. The planning assessment is $5500. . Upon motion by Council Member Clanagan, second by Council Member Post, the motion to joint CAAG x~as approved 6-D. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation forl'egal advice with the Town Attorney concerning any matter listed on this agenda. E 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 (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. FUTURE AGENDA ITEMS • Regular Council Meeting -November 18, 2008 -Page 99 of 164 ADJOURNMENT. Upon motion by Council Member Clanagan, second by Council Member McGorray, the meeting was adjourned an a vote of b-0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 5, 2008. L further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -November 18, 2008 -Page 100 of 164 • ~"--- t'I~~ W IYMY 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, November 18, 2008, 7:00:00 PM • To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Item A 1 Subject: Resolution No. 2008-140: Relating to Development; approving and authorizing a conditional use permit to allow the development of a new wireless communication facility at 5541 W. Linda Vista Boulevard Discussion: History and Request: Crown Communications requests approval of a conditional use permit for the development of a new wireless communication facility at 554] W. Linda Vista Boulevard. This request was presented to the Planning Commission in a Public Hearing held on September 24, 2008. The Commission forwarded the conditional use permit to the Town Council with a recommendation for approval by a vote of 4 to 2, with Commissioners Winger and Le Page- Wood dissenting. The Town Council heard the request in a Public Hearing held on October 21, 2008, and after two failed motions to approve, voted unanimously (Councilmember Ziegler absent) to continue the item to the November 18, 2008 meeting. Two area residents, one representing the Hartman Vistas Neighborhood Association, spoke regarding the request at the October 21, 2008 meeting stating that they were in opposition to the request, as presented; however, were willing to work with the applicant and Town Council to mitigate their concerns. The primary points of opposition were the visual obtrusiveness of the site and the proposed height of the tower. Neighboring. property owners were concerned about the 65-foot tower height initially proposed, as well as the visual integration of the tower into the surrounding area. In an effort to alleviate these concerns, Crown Communications has agreed to evaluate a reduction in the height of the tower to a maximum of 55 feet, and incorporate a minimum of two (2) live palm trees at an approximate height of 45 feet into the site area. Location• Subject to Council approval of the communication tower site lease, which is also on tonight's agenda, the proposed tower would be located on the Town of Marana water reservoir and pump station site on the south side of Linda Vista Boulevard approximately 980 feet west of Hartman Lane. Ingress/egress for the site is provided from Linda Vista Boulevard. • Project Description: The requested use includes the construction of a new antenna tower measuring 55 feet in height as well as the installation of ground-mounted equipment cabinets within a 1000 (25' x 40') Regular Council Meeting -November 18, 2008 -Page 101 of 164 • square foot lease area. The entire lease area is proposed to be enclosed with a block wall structure measuring eight (8) feet in height and constructed of materials to match the existing wall structure of the pump station.The 55-foot monopole structure will be designed as a "Monopalm." This simulated palm tree will be engineered to accommodate athree-sector antenna array for AT&T wireless communication service, as well as to provide a co-location option for an additional future carrier. The antenna array will be concealed within the artificial foliage of the simulated tree. The applicant has also agreed to evaluate the feasibility of the Town of Marano Utilities Department locating its SCADA (Supervisory Control and Data Acquisition) antenna on the tower in order to facilitate the operation of its utilities communication software. It is anticipated that the SCADA antenna could be located at height of approximately 30 to 40 feet above surface grade. The SCADA antenna is not proposed to be screened; however, efforts would be taken to minimize its appearance such as painting to match the color of the tower. The applicant will be required to plant a minimum of two (2) live palm trees within the lease area in order to add a realistic context to the site. The live trees will be approximately 45 feet in height, which should add sufficient context to the site without interfering with signal transmission. The equipment cabinets will be contained within the enclosure and will not be visible from surrounding properties or from the adjacent right-of-way. Site lighting will be installed for use only by a service technician, in the event that service of the site is required after dark. The enclosure has been designed to accommodate the equipment of one additional carrier. The applicant has taken an inventory of existing vertical tower structures within one (1) mile of the proposed site and has confirmed, to the best of his knowledge, that there are no existing vertical tower structures, equal to or greater in height, than the proposed structure that are. capable of meeting the needs of the carrier. There are no existing Crown Communications or AT&T wireless facilities within 1/4 mile of the proposed site. The applicant has confirmed to the Town that the proposed site is necessary to provide the majority of the voice and data call volume in the • area and relieve congestion on other sites that are burdened with diminishing coverage area. Neighborhood Impact: The proposed site is a portion of the Hartman Vistas subdivision that was dedicated to the Town of Marano for use as a water reservoir and pump station. The site is currently zoned MR-1 (Multi-Family High Density). The property east of the site is designated as Common Area (Natural Open Space) for the Hartman Vistas subdivision. The property south and west of the site is utilized as common area (Natural Open Space) and designated flood zone for Hartman Vistas. The proposed location of the facility is approximately 500 feet (across natural open space) from the nearest residence within Hartman Vistas. The site borders Pima County SR (Suburban Ranch) zoning to the north (across Linda Vista). The proposed location is approximately 400 feet to the nearest residential structure north of Linda Vista. Public Notification The October 21, 2008 public hearing for this request was properly advertised and all property owners within 300 feet of the subject property were notified by mail informing them of the proposed use. Given that this agenda item was continued to a date specific meeting, additional advertising.was not required for tonight's hearing. As of the date of this report, two letters have been received by the Planning Department in opposition to the proposed use. A Resolution of the Hartman Vistas Homeowner's Association to oppose the wireless communication facility was also received by the Planning Department. Two citizens (one being the author of one of the aforementioned letters) spoke at the Planning Commission hearing in opposition the request. Two neighboring residents spoke at the October 21, 2008 Town Council hearing in opposition to the request. The letters and Resolution have been attached to this report. ATTACHMENTS: ~?ame: Description: Type: • ^ Resolution 2008_140 Crown Communications.doc Resolution Resolution Regular Council Meeting -November 18, 2008 -Page 102 of 164 -. *,. • ^ Applicatonpdf Application Backup Material ^ Location _map 2_pdf Location Map Backup Material ^ DP1_pdf Site Plan 1 Backup Material ^ D_P_3~df Elevations Backup Material ^ Letter 1._pdf Letter 1 Backup Material ^ Letter 2,pdf Letter 2 Backup Material ^ Photo 1~df Photo t Backup Materiai ^ P_hoto_2pdf Photo 2 Backup Material ^ Hartman_ Vistas Resol..pdf Hartman Vistas HOA Resolution Backup Material Staff Recommendation: Staff recommends approval of the Conditional Use Permit with the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code, that are current at the time of development. 2. The tower shall. be limited to a maximum height of Fifty-Five (55) feet above surface grade. 3. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department and must obtain all required permits prior to development of the wireless communication facility. 4. The developer will be required to plant a minimum of two (2) live palm trees at an approximate height of 45 feet, and similar in appearance to the simulated tree, in order to add realistic context to the site. The trees must be provided with permanent irrigation and be maintained for as long as the site is in operation. 5. 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, but not limited to, 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. Suggested Motion: I move to adopt Resolution No. 2008-140, approving a conditional use permit for Crown Communications to allow for the development of a wireless communication facility subject to the conditions recommended by staff. • Regular Council Meeting -November 18, 2008 -Page 103 of 164 C7 MARANA RESOLUTION N0.2008-140 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW .THE DEVELOPMENT OF A NEW WIRELESS COMMUNICATION FACILITY AT 5541 W. LINDA VISTA BOULEVARD . WHEREAS, Crown Communication has applied to the Town of Marana for approval to develop a new wireless communication facility at 5541 W. Linda Vista Boulevard, generally located on the south side of Linda Vista Boulevard approximately 980 feet west of Hartman Lane; and WHEREAS, the subject property is the site of an existing Town of Marana water reservoir and pump station, and is currently zoned as "MR-1" (Multi-Family -High Density); and WHEREAS, the development of the site will include the construction of a new fifty-five (55) foot antenna tower as well as a block enclosure to contain the associated ground-mounted • equipment cabinets; and WHEREAS, the Marana Planning Commission considered the request to approve the conditional use permit on September 24, 2008, and voted 4-2 to recommend that the Mayor and Town Council approve the conditional use permit; and WHEREAS, the Marana Mayor and Town Council had heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held October 21, 2008, and after two failed motions to approve, voted unanimously to continue the conditional use permit request to the November 18, 2008 meeting; and WHEREAS, the Marana Mayor and Town Council has heard from the representative(s) of the owner, Town staff, and members of the public at the regular Town Council meeting held November 18, 2008, and has determined that the conditional use permit should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of Marana, Arizona that the request filed by Crown Communications for a conditional use permit to allow for the development of a new wireless communication facility to be located at 5541 W. Linda Vista Boulevard is hereby approved subject to the following conditions: 1. Compliance with all applicable provisions of the Town of Marana Codes and Ordinances including, but not limited to, Title 23 of the Land Development Code, that are current at the time of development. • 2. The tower shall be limited to a maximum height of Fifty-Five (55) feet above. surface grade. Regular Council Meeting -November 18, 2008 -Page 104 of 164 • 3. The applicant or designated representative must obtain site plan approval from the Town of Marana Planning Department and must obtain all required permits prior to development of the wireless communication facility. 4. The developer will be required to plant a minimum of two {2) live palm trees at an approximate height of 45 feet, similar in appearance to the simulated tree, in order to add realistic context to the site. The trees must be provided with permanent irrigation and be maintained as long as the site is operational. • 5. 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, but not limited to, 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 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank .Cassidy, Town Attorney Regular Council Meeting -November 18, 2008 -Page 105 of 164 ~~,~ TOWN OF MARANA • ^ Planning Department MARANA 11555 W. Civic Center Dr. Marana AZ 85653 ~/ { ~ (520} 382-2600 Fax: (520} 382-2639 ~~ PLANNING & ZONING APPLICATION • ~~ 1. TYPl~ QF APPLICATION'(Che~k One} I~ o Preliminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment Conditional Use Permit o Development Plan o Rezone/Specific Plan o Other o Landscape Plan o Significant Land Use Change A T~TA+ISJP Plant PPrml+ n Adinnr T and Tli~ncinn 2. GENT~RAL DATA REQUIRED - Assessor's Parcel Number(s) ~,j ~'~ ~ ®~ ^ r0~~ General Plan Designation (To be confirmed by staff} Gross Area (Acre/Sq. Ft.) ~, 3 t9 s •~. Current Zoning (To be confirmed by staff) ~"~ Development/Project Name ~ t CI"D4+w ~ct~KG ~,++'lc~a- ~t ~ r- Proposed Zoning /~/~' j Project Location W . G : ,.d U,sl~a, B~va/ . Description of Project N~ ~~ Y ` _ _ ~~G~ ~~ ~ ~~' W r`~, ~ 6,S' ~~dyK+~a(M ,. 7~ /f++~. Property Owner Ta ~ K, o~ /+~l~.s>R. Street Address r f,!'s'j' (,V , G,`v~'a. ~'GK-7~.- ,~, City /mt~~ca- State ~Z Zip Code . $5(oS3 Phone Number Sao-~d}-o~~ Fax Number .s'dv-3Sa ~S' E-Mail Address bd~pu;ti®l~la~• Contact Person Phone Number Applicant C ~~~ ~~~ p,~ ~,~~,c.s~ ,gyp <+ Street Address ~5-~ ~ • tt!$ ~ f<`~C • ~ 5u ~~ 3p,S City G~le~- State f12 Zip Code gs~~` Phone Number 5~ -Sri-qs~ Fax Number ~-,~a~-3 E-Mail Address r s~~ ate a ~ .~: Contact Person Phone Number AgentlRepresentarive -~-~c C ~ LL ~,~, p~ Street Address ~DG~~ ~/, ~~~iG.~ /Qms~S /C9cce-VQ.S City ~r» U~GI~ State f~-Z Zip Code 85?3'7 .Phone Number Sao-991-9 Fax Number Sdo-~~t-3 E-Mail Address / s'><evcolsrw.•2~g Contact Person ~~' ~ t~° ~ Town of Marana Business License No. ~. ALITHURIZATION OF PRt3PP RTI' 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 file this application and checklist. (If not owner of record, attach written authorization from the owner.) ~/,®~,~ ~7~ivG D~'SF~I~ ~~~~U!'(.L. ~ ~ ~jIG"~ "- ` i~~~ O S Print Name of ApplicanbAgent y Signature Date 5'bG,s ~.~ 'l. X:\PLAIdIdZNG\FORMS\PROCEDURES&GUIDES\ConditionalUsePermit07.doc Page 9 of 9 (Rev. 11/15/07) Regular Council Meeting -November 98, 2008 -Page 106 of 164 • • • ~~ Crown Communications Conditional Use Permit ~;~. ~~~'`~ ~'~'~` CASE CUP-08047 T~,~'~~'UF~ ~~F ~?tr,~~~~ln ~~ ~ -' ~~I~ Z Q~ I Z ~ ~ ~~ ~~~ ~~~ ~ Q ~ ~ ~ Z ~ s: ~ m ~ ~ 3, I ~ ~ ~ S " ~ W LINC3AVISTA BL CANY'ON•TO\~JHEE•ST 1N Subject Property , / - ~ ~ - - ~~ - ..>. oR >" ~ ~R a : I r; ~PG ~0 ~ • .- ~~O .., j,1 R - ~ P~-~A - - '' ~ z ~ ~ T~ ~ lg w,OOG O ~ - ~ W. ~ . -_ '- ~ ~ ' '' 1Q - ~c, , ~~', _ ~ _ ~ GO ~ z ~OtES-~O~E LP ~~QQ' ~,~ ppERHEADG~- _ ~ ~., m z SSE ~ Y_ ~~,~ ~~~ - o , ~ N G,RO~ ~ ev . 'I N ~ ;. o z ` vrc ~ ~ W COTTONMOUTH ST ~-- '- ~ -- + - _-~PJOVERTONRD -,------ ~---------- - ~ - - - - ~ ,~,~_.~ ~ir- z ~. ~ ~ ~~02 ~ ~ ~ ~~~ ~ ~ z ' ~ - SCi ~~ ~~° <c. ~{P tt,-t ~ ~ 1 ` ~ sso 1~oon " RegUeSt o A request for a Conditional Use Permit to allow for the development of a wireless communication facility. 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 anv other party, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the f use°f u5°a ~~ouncg lu~'eetin ° -November 18 2008 - Pa a 107 of 164 C~ • m ~ ~ ~ ~ ~ I j ~L m ~~`sa:k 5z 8~ ~ I~ m i ¢ I i ~ +-+; ~4Y= ^~ } m~~4~s ~ asgg ' <~o I m w ~ N ~ T f6e a€$t !Vzi'''' J v §~'~4' § 3 3~3 .,, ~ u¢¢i W ~' ~ °a d ~ o~ 'pp(N.~ n ~ N~ R ~ Y~ S\3wri0J 1~:80(ro0/801 > I m0 ( m i N O I ~ Z¢ ~I N ~ ^ ~ ~Il~~- ~ §sp~ vtt S1n3NRC In ~ EO/60/[0 L I m O D ¢ S '~ Z t- ~~®~~ e~ ~ slnaNnx 1N ~: w/m/<o z~ i r k loi a~ = S 3 D H Y S$€Ag ;e~'' ~vu;Nens°e-3a~~ao/zz/=o. ; ~waK3 ~z ~u z D, '" ~u c~'i< w: w N ~ SNOISIn3N OU^ UI~ W J V,,,~ (q ~t~i l=-m N':, ~ ~gc~~cg€~ ~~ng~ ~4x u ~~ _ eys€ ~ ~ ~ ~~ ~ ~ g ~~ r\ s M~M I: ~~ €~ a Y ~ e -~ ~ s G ~ 8 ~g ~- ~ /( '' -$ ~~~ r zg sr ~~ y ~ $s ~h = ~ ~ ~~ d s -s $~c~ ~~ R i i it ~ i i z ~i IO O !V ,,~ Z 1'. ~ Z ION ~~ '`~ of \ 1 'z ii!, io- m, !a i i < °~ b ~!, ~ " /f I o !< m D Z I Z Z~~,,: O ~ ___ 1 ~~~ ~ / ~~ 1 `~ kLL ~ g I v''$c 3 ~I-~~----- ~~ -- ~ «~+,+ o 0'1 ° m - c°~I W ~ s z vii 3 ~~.. . a m 0 m rn a 0 • ~° ~s~ • • 9 I I 11 $ ~ ~ ~ __ _ _ ~ V I au m ~ ~ ~ I ` 54: ~~ -, er~ ~ r ~d¢`55~ ~ g - -_ ____ ~ ~ aao m i a ~ j ~ y I I. ~ ~ r m z ~ ~"• 55 ~: Ri~~ ~ ~ J U ~~ ~ ~j ~ ~ ~~~e , ~I 7f W Sik3ittt ..LI -BO/>0/EG > ¢ ' W ~ m `! {O ~ f IU ~ I N q W 2 ~ ~ iw ~ g ~ N ~. © ~ tlw S1e3rvrtOJ n b0/EO/LO f ~ Y m N h ~ W N I I ~ ~ W ~ ~~~~ ' (\ ~ ~ E EY 51\=rvrvOJ 1fI0 , EL/ZO/[0 Z Z s Z ~ 2 Q z `'' I Q o ~ \ k \ ~l ~ y( GJ # Fn~Y'E (Etl 'H_1WEf•5 ddY are { B0./ZZ/ 0 Q¢3 W Q = SHOLSIl3Y '.,. OUO ~ F = !O'; 4~1 J {Ui ' N W ~ V ° ~ ~rm W i W ly y ' ~~ I ` I .e-w ~ N ~ O ( ~~' _ ~~ a ~ _ i ) a32n3J 4t2~ 1 ~ ; )U ~~~ _ r 1 ~ I -x. - s~ ~~a I x< ~- :. _. ~. 4 ~ a I i -~ ~ ^ ~r ~ I~~. ~ ~ ~ ~{ ' - ~ ~~ .4 f _ '~ a ~ ~ ~ 7J~ ~ _ // r W I W ~ _ I S~~ o~ ~~ ~_ ~ I _ \~ 2 Y ci ~- ~ - c~ Y§ .~. Z . +t / 'n•ca :s Ir q F i- i " aam+o o zr..,n, ~~I ~-~ _~1 -' -I I _ i f ~~ _ { ~ _ _ - \, f ~ I , I{ 1! I I I ++c: ~~ __ __ I_ _ _ _ <~ ~ ~ m r~ o& g I a j &3 _ _~ i II I' I } I '1'F ~~ K ~ ~~~'~'~ Sel~tcnlber 24., 208 Maratla Municipal Canlple~ Plaluzilig Cozlunission 13.555 Vd. Civic Cetlter Dri~~e Maralla, t1Z SS653 To WhnI11 It May Conccz•11~ ThaI1lC you fol' aCCept111g atld {:On51dC1'l11g these C(>111111ei1tS 1'egai'd111~ the pY01)OSaI foI' a wireless facility site at SS~II W Li11da Vista L3oulevard. I x111 a board lnenlbel° for Flal°tnlan Vistas and 11ave spoken to several neigllbol's affceted by this p1•oposal. We are ouposecl not to the project cruel alltezl>.~ae per se but to the loe-anon of the pI•oposat • on the basis, as outlil)ed i11 Title 23, t11at it infringes on the integrity of orlr nci.l;hborhood. I'urt}ie1•lnore fhe visual illlpact could be n1i11izniied, pursuant to Title 23, by relocating it to a nearly alternative site. During a presentation ly Crown Casile at our 1•roarcl lnec;tizlg on Jt11~e 2b, 200$ w11eI1 asked about altclzlative sites Mr. Q«fens cited a ctearby utility pole as a suitable location for the project. Tl1e boatel has also cliscusscd negotiating a nearby 1)iece of our co111n1on area with less visual ilul)act as a potelttial tocation for the pl'oposal. Tl1c board is vested ruitll authority to lllake this offer. I3ecanse there are at: least t«~o afarecl•1e11tlanecl a}.terz~ative sites foi• the pl'oposal that would protect the integrity of our neiglllo~•llood and n~inilnize the visual impact pursuant to Title 23 vvL resl)ectfttlly ask these alternative sites be considered and utilized, 1"I1ank you for your attention to t11is lnattel•. Respc;ctful~,, • -j :~ ,:,. ~1dan1 Pearce Regular Council Meeting -November 18, 2008 -Page 110 of 164 • The Town of Martina 11555 West Civic Center Drive, Building A2 Martina, Arizona 85553 Attention : Brian Varney .This is a protest letter in regard to the proposed cell phone tower that is planned at 55411111. Linda Vista Bau#evard. # have boked at the ceI# phone rawer simulation pictures and it is very high and unattractive. It dyes not match the #ive palm trees and will be very naticeab#e. # #ive across the street to the NW and my home property value will decline with the new rawer across the street, I request the Martina Tawn Council to not approve this conditionaFuse permit for the towe€. John Harkey • 9590 N. Linda Vista Mace Tucson, Arizona 85742 • Regular Council Meeting -November 18, 2008 -Page 111 of 164 • n i1 ': o' C A D n 0 2 0 N i 3 C D 0 ~ ~. z m 5, n E., N 0 • "r rf,~ ~ ~ ,; R ~ r. ~ Fti- _~~~. ~ ~ ~e,'t6 ~ . ~ Ax ~ ~ ~ '~ " ~ ` ' ~ ~ < ~ ~~~ ~, t,a ~ s ~ ' ~` ~ +S2 i '"i ~ ~~ ~~ ~k~ ~ ~~-~ ' ` ry , ~y r~r ~ q ~ a t ^^~; F } ~ ~~~~~X~~.~~~ ~«~~~ ,~ ~~y ~ ~ ~ ~ ~ ~ r J~~~ ~ ~ ~ ~ k w~'~ae"1"}W'td~y~~~d` f ~~!.x . 4 ~ 1* ''"~ ~~~r~~~ pS, r, k/J }-~. ~ ° ~. 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D ~ ~I m 'n C n ^ z D N ~ ~_ N m 0 0 m • A RfSC}LUTIDN TD OPPOSE THI= CRQVI/N COMMUNICATIQNS WIREL>=SS COMMUNICATION FACILITY AT 5541 W LINDA VISTA #CUP-08047 Whereas, the Hartman Vistas Horrleowner's Association Board of Directors recognizes the importance of developing infrastructure in the Town of Marano to promote and susta'sn growth. Whereas, the CROWiVCOMMUNICATIONS WIRELESSCOMMUNiCATION FACILfTYAT5541 W LINDA VISTA#CUP-08047 is in front of the Marano Town Council for approval of a conditions! use permit. Now there#ore, it is hereby resolved as follows: The Hartman Vistas Homeawner's Association Board of Directors opposes the proposed location site at 5541 W Linda Vista for the Crown Communications wireless facility. The Board's opposition is based on the fact the proposed location does not adhere to or uphold the standards of the Town of Marano Development Code Title 23. Specifically, the Board recognizes the location would NOT conform to the following requirements under Title 23: • • The design does NOT "protect the integrity of the single family neighborhoods and maintain the character, identity and image of scenic areas", (23.01.01) • The design does NOT "blend with the existing characteristics of the site" and exceeds the height restrictions and violates our design guidelines, (23.04.08) • The design does NOT "minimize visual impact" (23.04.08) The Board further recommends the project site be relocated to a nearby location that DOES protect the integrity of our neighborhood and minimizes visual impact. The Board urges The Town Council to act on the aforementioned recommendations. Resolved, adapted and effectiive this 1fit" day of October, 2008. t um s, President Attest: Adam P rce, Director Regular Council Meeting -November 18, 2008 -Page 114 of 164 ~~ 1 ta.. ~.....«. 11555 W. CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item A 2 From: Frank Cassidy ,Town Attorney Subject: .Resolution No. 2008-141: Relating to Real Estate; approving and authorizing the Mayor to execute an Option and Ground Lease Agreement with Crown Communication, Inc., for the lease of a cellular telephone tower on land owned by the Town of Marana at the Hartman Hills water reservoir site Discussion: This is the proposed lease of a 1,000 square foot (25' x 40') communication tower site with Crown Communication, Inc., at the Town's Hartman Hills reservoir site on Linda Vista • Boulevard. Tonight's agenda also includes an application by Crown for a conditional use permit for the same communication tower. Both agenda items were continued to tonight's agenda from the October 21st Council meeting. The Council should only consider the lease. (this agenda item) if the conditional use permit is granted. The proposed terms of this communication tower lease are similar to the terms of the Town's 2004 Nextel tower site lease of an approximately 600 square-foot site adjacent to the Parksand Recreation building at the corner of Lon Adams and Barnett. The Nextel lease provides for monthly rent of $1,500 for afive-year initial lease term, with four additional five-year renewal options at a set rent increase of l5 percent for each five-year term. Nextel's monthly rent will increase to $],725 if it exercises its option to extend the lease for the second five-year period. This lease starts with cone-year "option" or "due diligence" period, during which Crown will determine the technical feasibility of the- site for an option price of $500. If Crown exercises its option and begins construction of the communication tower, the lease will begin and rent of $1,620 per month will be paid for the first five-year lease term. This monthly rent is adjusted upward from Nextel's initial $1,500 monthly lease because the Crown lease term will begin closer to Nextel's first renewal which includes the 15 percent increase for the next lease term. The Crown site is also 40 percent larger than the Nextel site, but as tower sites they are functionally equivalent. Like the Nextel lease, the proposed Crown lease includes four five-year options at a set rent increase of 15 percent for each five-year term. The lease document presented in the agenda materials is identical to the lease provided for the • October 21 meeting with the exception of paragraphs 19 and 27, dealing with mortgages and liens, which have been added. Regular Council Meeting -November 18, 2008 -Page 115 of 164 Use of the tower for the Town's SCADA antenna and possible Town. purchase of the tower upon lease termination have been the subject of ongoing negotiations and are NOT provided for in the lease_ Crown representatives have indicated that the SCADA antenna can be accommodated at approximately the 33' height level of the mono-palm (about ten feet below the "pineapple" structure, attached to the pole itself). But Crown representatives have indicated that the Town "will need to follow procedure and complete an application. with Crown for the antenna installation, and pay for that installation" and will need to pay rent for placing the antenna on the mono-palm. The proposed lease is also silent about any Town right to acquire the tower upon termination of the lease. Crown representatives have stated that this tower, together with other towers Crown builds, are subject to lien rights held by Crown's lender, making Crown unable to grant the Town a right to purchase the tower. Financial Impact: If this agreement is approved and the lease option is exercised by Crown Communication, this lease will generate $19,440 in general revenues to the Town for each of the first five years. If all four lease extensions are exercised, this lease could generate total general revenues of $655,359 (before adjustment to 2008 dollars). ATTACHMENTS: Name: Description: Type: ^ Resolution 2008-141 Grawn_Communicaton • LeaseDOC Resolution for Crown Communication, Inc. Lease Resolution ^ Crown Communications Tower Site Lease. (00011180_. Grown Communication, Inc. Lease Agreement Exhibit 21 DOC ^ Crown Communication Site Hartman Reservoirpdf Exh B Communication Site Sketch Exhibit Staff Recommendation: If the Town Council approves the Crown Communication application for a special use permit for a communication tower at the Town's Hartman Hills reservoir site on tonight's agenda, then. staff recommends approval of the Crown Communication Option and Ground Lease Agreement. Suggested Motion: I move to adopt Resolution No. 2008-141. • Regular Council Meeting -November 18, 2008 -.Page 116 of 164 MARANA RESOLUTION N0.2008-141 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN OPTION AND GROUND LEASE AGREEMENT WITH CROWN COMMUNICA- TION, INC., FOR THE LEASE OF A CELLULAR TELEPHONE TOWER ON LAND OWNED BY THE TOWN OF MARANA AT THE HARTMAN HILLS WATER RESERVOIR SITE WHEREAS Crown Communication, Inc., seeks to lease a 1,000 square foot communication. . tower site at the Town of Marana's Hartman Hills water reservoir site on Linda Vista Boulevard; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed lease is in the best interests of the Town and the public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Option and Ground Lease Agreement between the Town of Marana and Crown Communication, Inc., attached to and incorporated by this reference in this resolution as Ex- hibit A is hereby approved, and the Mayor is hereby authorized to execute it for anal 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 this agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November; 2008. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -November 18, 2008 -Page 117 of 164 • OPTION AND GROUND LEASE AGREEMENT TOWN OF MARANA, ARIZONA THIS OPTION AND GROUND LEASE AGREEMENT (this ``Agreement") is made by and between the TowN of MARANA (Federal Tax Identification Number 86-0331775) having a mailing address of 11555 W. Civic Center Drive, Marana, AZ 85653 {"Lessor") and CROWN CO1vIMLJNICATION, INC., a Delaware corporation, with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564 ("Lessee"). Lessor .and Lessee are sometimes collectively referred to in this Agreement as the "parties." 1. Definitions. "Agreement" means this Option and Ground Lease Agreement. "Approvals" means all certificates, permits, licenses and other approvals that Lessee, in its sole discretion, deems necessary for its intended use of the Leased Premises. "Commencement Date" means the first day of the month following the month in which the Option is exercised pursuant to Section 4(C) of this Agreement. "Defaulting Party" means the party to this Agreement that has defaulted asprovided for in Section 29 of this Agreement. "Due Diligence Investigation" has the meaning set forth in Section 3 of this Agreement. • "Easements" and "Utility Easement" have the meanings set forth in Section 10 of this Agreement. "Hazardous Material" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials. "Environmental Law(s)".means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Material. ``Improvements" means a wireless communications facility, including tower structures, equipment shelters, meter boards • and related improvements and structures and uses incidental thereto. "Initial Term" means a period of five (5) years following the Commencement Date. "Lease Term" means the Initial Term and any Renewal Terms. "Leased Premises" means that portion of Lessor's Property consisting of a parcel of approximately 25 feet by 40 feet as described in the sketch attached hereto as Exhibit "B". The boundaries of the Leased Premises may be subject to modification as set forth in Section 9. "Lessee's Notice Address" means c/o Crown Castle USA Inc., E. Blake Hawk, General Counsel, Attn: Real Estate Department, 2000 Corporate Drive, Canonsburg, PA 15317- 8564, 1-866-482-8890. "Lessor's Notice Address" means 11555 W. Civic Center Drive Marana, AZ 85653. "Lessor's Property" means the parcel of land located at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as shown on the Tax Map of said County as Tax Parcel Number 221.-06-4010, being further described as Block II of Hartman Vistas, a subdivision recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 42, a copy of said instrument being attached hereto as Exhibit "A". "Non-Defaulting Party" means the party to this Agreement that has not defaulted as provided for in Section 29 of this Agreement. "Option" means the exclusive right granted to Lessee by Lessor to lease the Leased Premises pursuant to Section 2 of this Agreement. "Option Fee" means the sum of $500.00. "O_ption Period" means the twelve (12) month period commencing on the date of this Agreement. "Renewal. Term" means a period of five (5) years commencing upon the expiration of the Initial Term or prior Renewal Term, as the case may be. "Rent" means the consideration payable by Lessee to Lessor in exchange for the Leased Premises in the amount of $19,440.00 per year to be paid in equal monthly installments of $1,620.00. Rent shall be increased at the commencement of each Renewal Term by an amount equal to fifteen percent (15%) of the Rent in effect for the previous Term or Renewal Term. 2. Grant of Option to Lease. In consideration of the Option Fee paid by Lessee to Lessor upon Lessee's execution of this Agreement, Lessor hereby grants to Lessee the exclusive Option during the Option Period to lease, on the terms and conditions set forth in this Agreement, the Leased Premises. 3. Due Diligence Investigation. (A) Inspection Rishts. During the Option Period, Lessee shall have the right to analyze the suitability of the Leased Premises for its intended use. Lessee and its employees, agents, contractors, engineers, and surveyors shall have the right to enter upon Lessor's Property to inspect, conduct, perform and {OOff3~06tIr&;ilIDAI~~Iing -November 18, 200Bovli9r8ne6(1$rWn Communications Lease Agreement -1- 10/21/2008 6:36 PM • • examine soil borings, drainage testing, material sampling, surveys and other geological or engineering tests or studies of Lessor's Property, to apply -for and obtain all licenses and permits required for Lessee's use of the Leased Premises from all applicable governmental or regulatory entities, .and to do those things on or off Lessor's Property that, in the sole opinion of Lessee, are necessary to determine the physical condition of Lessor's Property, the environmental history of Lessor's Property, Lessor's title to Lessor's Property and the feasibility or suitability of the Leased Premises for Lessee's use as defined in this Agreement, all at Lessee's expense (the "Due Diligence Investigation"). Activities conducted in connection with Lessee's Due Diligence Investigation shall not be deemed to constitute exercise of the Option or commencement of construction of the Improvements. (B) Temporary Access Road and Easement for Due Diligence Investi a~ flop. To facilitate Lessee's Due Diligence Investigation, Lessor hereby grants Lessee and its employees, agents, contractors, engineers and surveyors the right and an easement to construct and use a temporary pedestrian and vehicular access roadway from a public road, across Lessor's Property, to the Leased Premises. The location of .said temporary pedestrian and vehicular access roadway on Lessor's Property is shown on Exhibit "B". Such construction shall not be deemed to constitute exercise of the Option or commencement of construction of the Improvements. 4. Termination and Exercise of Option. (A) [Reserved.] (B) Richt to Terminate Option. Lessee shall have the right to terminate this Agreement at any time prior to the expiration of the Option Period by sending written notice of termination to Lessor. (C) Expiration of Option Term; Exercise of Option. If, upon expiration of the Option. Period, Lessee has not exercised the Option, this Agreement shall terminate. Upon such termination, neither party shall have any further rights or duties hereunder. Lessor shall retain the Option Fee. Prior to expiration of the Option Period, Lessee may exercise the Option by either (i) providing written notice to Lessor of such exercise or (ii) commencing construction of the Improvements. Upon the Commencement Date, the Lease Term shall commence and the Easements shall become effective. requirements thereof may require Lessor's cooperation, which Lessor hereby agrees to provide. Lessor shall not "knowingly" do or permit anything that will interfere with or negate any Approvals pertaining to the Improvements or Leased Premises or cause them. to be in nonconformance with applicable local, state or federal laws. Lessor agrees to execute such documents as may be necessary to obtain and thereafter maintain the Approvals, and agrees to be named as the applicant for said Approvals. Nothing in this Agreement shall in any way interfere with Lessor's regulatory authority over the Leased Premises and the Improvements, and Lessor shall have the same right to consider and approve or deny land use, building code, floodplain, and other applications for the Leased Premises and the Improvements as if Lessor were dealing with real property not owned by Lessor. 6. Authorized Personnel List. Lessee acknowledges that Lessor's Property is used for the storage and delivery of potable water and other sensitive municipal purposes. For security purposes, Lessor shall provide Lessor with a list of the names of all personnel who are. authorized to enter onto the Leased Premises pursuant to this Agreement. The list shall be updated whenever a change of personnel occurs. Lessor is authorized to block entry to any personnel whose name is not on the list. This Section shall be interpreted as a right, but not an obligation, of Lessor to police or restrict entry onto the Leased Premises. 7. Lease Term. Effective upon the Commencement.. Date, Lessor leases the Leased Premises to Lessee for the Initial Term. The term of this Agreement shall automatically be extended for five (5) successive Renewal Terms, unless this Agreement is terminated pursuant to the provisions set forth herein. 8. Rent. Beginning on the Commencement Date, Lessee shall pay Rent for the Leased Premises. 9. Leased Premises; Survey. Following exercise of the Option and completion of construction of the wireless communications facility on the Leased Premises, Lessee shall provide Lessor with a copy of an "as-built" survey, which shall depict and identify the boundaries of the Leased Premises and the Easements, and replace and supersede the sketch attached hereto as Exhibit "B". The "as-built".survey shall be deemed to be incorporated into this Agreement as Exhibit "C" even if not physically affixed hereto. The description of the Leased Premises set forth in Exhibit "C" shall control in the event of discrepancies between Exhibit "B" and Exhibit "C". Lease Term Lessor h 11• (') t 'th L 't 5. Lessor's Cooperation. During the Option Period and the s a t coopera a vut essee m t s efforts to perform its Due Diligence Investigation and to obtain all of the Approvals, including all appeals; and (ii) take no action that would adversely affect the Leased Premises. Lessor acknowledges that Lessee's ability to use the Leased Premises is contingent upon Lessee obtaining and maintaining the Approvals. Additionally, Lessor grants to Lessee and its employees, representatives, agents, and consultants a limited power of attorney to prepare, execute, submit, file and present on behalf of Lessor building, permitting, zoning or land-use applications with the appropriate local, state and/or federal . agencies necessary to obtain land use changes, special exceptions, zoning variances, conditional use permits, special use permits, administrative permits, construction permits, operation permits and/or building permits. Lessor understands thatRr cif@~Rov~4~,@d'1$~00t49~ oP~6~Y {00011180.D0C / 2}(BOOS) Town of Marana/Crown Communications Lease Agreement -2- 10. Easements. Conditioned upon and .subject to commencement of the Lease Term Lessor grants the following easements and rights-of--way over, under and upon Lessor's Property to Lessee, Lessee's employees, agents, contractors, sublessees, licensees and their employees, agents and contractors: (i) an easement over such portions of Lessor's Property as is reasonably necessary for the construction, repair, maintenance, replacement; demolition and removal of the facility to be located upon Leased Premises, (ii) an easement over such portion of Lessor's Property as is reasonably necessary to obtain or comply with any Approvals, (iii) a thirty foot (30') wide easement in the location shown in Exhibit "B", as may be amended by Exhibit "C", for construction, use, maintenance and repair of an access road for ingress and egress seven (7) days per week, twenty-four (24) hours per day, for 10/21/2008 6:36 PM pedestrians and all types of motor vehicles, to extend from the nearest public right-of--way to the Leased Premises; and (iv) a • utility easement {the "Utility Easement") in the location shown in Exhibit "B", as .may be amended by Exhibit "C", for the installation, repair, replacement and maintenance of utility wires; poles, cables, conduits and pipes, provided that in the event that any public utility is unable or unwilling to use the Utility Easement in the location shown in Exhibit `B", as may be amended by Exhibit "C", at the sole option of Lessee Lessor shall grant an alternate easement either to Lessee or directly to the public utility at no cost and in a location acceptable to Lessee and the public utility (collectively, the "Easements"). TO HAVE AND TO HOLD the Easements for the purposes provided during the Lease Term and thereafter for a reasonable period of time for Lessee to remove its improvements. 11. Lessee's Right to Terminate: Effect of Termination by Lessee. Lessee shall have the right, following its exercise of the Option, to terminate this Agreement, at any time, without cause, by providing Lessor with one hundred eighty (180) days' prior written notice. Upon such termination, this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except that any monies owed by either party to the other up to the date of termination shall be paid within thirty (30) days of the termination date. 12. Use of Property. The Leased Premises, the Easements shall be used for the purpose of constructing, maintaining and operating the Improvements and uses incidental thereto. Lessee may place a security fence, around the perimeter of the Leased • Premises. All Improvements shall be constructed at Lessee's sole expense. Lessee will maintain the Leased Premises in a safe condition. It is the intent of the parties that Lessee's wireless communications facility shall not constitute a fixture. 13. Removal of Vegetation. Lessee has the right to remove vegetation from Lessor's Property which may encroach upon, interfere with or present a hazard to Lessee's use of the Leased Premises or the Easements. Lessee shall dispose of any removed vegetation. 14. Hazardous Materials. • (A) Lessee's Obligation and Indemnity. Lessee shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Materials on or from the Leased Premises in any manner prohibited by law. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement.. of claims, attorneys' fees, and consultants' and experts' fees) from the release of any Hazardous Materials on the Leased Premises unless caused by Lessor or persons acting under Lessor. Premises if caused by Lessor or persons acting under Lessor. 15. Real Estate Taxes. Lessor is a government entity that is not obligated to pay real estate taxes pursuant to current Arizona law. Lessee shall pay any and all real estate, personal property, or in-lieu taxes relating to Lessee's use of the Leased Premises, including without limitation any Government Property Lease Excise Taxes (see Arizona Revised Statutes § 42-6201 et seq., as they may be amended) attributable to the Leased Premises and/or the Improvements constructed by Lessee. Violation of this Section by Lessee is a material breach of this Agreement. 16. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Leased Premises and on the Improvements, bodily injury and property damage insurance with a combined single limit of at least $1,000,000.00 per occurrence, which shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Leased Premises, all as provided for in this Agreement. Within thirty (30) days following the date this Agreement is entered into, Lessee may, at its option, (i) provide Lessor with a certificate of insurance evidencing the coverage required by this Section, or (ii) provide electronically to Lessor a uniform resource locator link to access Lessee's memorandum of insurance web site evidencing in order for Lessor to review the coverage required by this Section. In addition, at all times during the performance of its Due Diligence Investigation and during the Lease Term, Lessee, at its sole expense,° shall obtain and keep in force insurance which may be required by any federal, state or local statute or ordinance of any governmental body having jurisdiction in connection with the operation of Lessee's business upon the Leased Premises. 17. 1Reservedl . 18. Eminent Domain. If Lessor receives notice of a proposed taking by eminent domain of any part of the Leased Premises or the Easements, Lessor will notify Lessee of the proposed taking within five (5) days of receiving said notice and Lessee will have the option to: (i) declare this Agreement null and void and thereafter neither party will have any liability or obligation hereunder; or (ii) remain in possession of that portion of the Leased Premises and Easements that will not be taken, in which event there shall be an equitable adjustment in rent on account of the portion of the Leased Premises and Easements so taken. With either option Lessee shall have the right to contest the taking and directly pursue an award. 19. Mortgages. This Agreement, Lessee's leasehold interest and the Easements shall be .subordinate to any mortgage given by Lessor which currently encumbers the Leased Premises, provided that any mortgagee shall recognize the validity of this (B) Lessor's Obligation and Indemnity. Lessor shall not Agreement in the event of foreclosure. In the event that the (either with or without negligence) cause or permit the escape, Leased Premises is or shall be encumbered by such a mortgage, disposal or release of any Hazardous Materials on or from Lessor shall obtain and furnish to Lessee anon-disturbance Lessor's Property or Leased Premises in any manner prohibited agreement for each such mortgage, in recordable form. If by law. Lessor shall indemnify and hold Lessee harmless from Lessor fails to provide any non-disturbance agreement Lessee any and all claims, damages, fines, judgments, penalties, costs, shall have the right to seek .and obtain anon-disturbance liabilities or losses (including, without limitation, any and all agreement. sums paid for settlement of claims, attorneys' fees, and 20. Sale of Property. Any sale of all or part of Lessor's consultants' and experts' fees) from the presence or release of Property during the Option Period or the Lease Term shall be anYR~~'~@i~cilll(~g1~N@~rr~l;'~0(~'QPB~$'1241'ofL1~sed under and subject to this Agreement. {00011180.DOC / 2}(BOOS) Town of Mazana/Crown Communications Lease Agreement 10/21/2008 6:36 PM -3- 21. Surrender of Prouerty. Upon expiration. or termination • of this Agreement, Lessee shall, within a reasonable time, remove all Improvements and. restore the Leased Premises as nearly as reasonably possible to its original condition. 22. Recording. This Agreement shall. not be recorded. However, Lessor agrees to .execute and deliver to Lessee a Memorandum of Agreement in the form attached to and incorporated by this reference in this Agreement as Exhibit "D" and acknowledges Lessee's right at Lessee's sole option and cost to record the Memorandum of Agreement in the office of the Pima County Recorder. 23. Hold Harmless. Each party shall indemnify and defend the other party against, and hold the other party harmless from, any claim of liability or loss from personal injury or property damage arising from the use and occupancy of the Leased Premises or Lessor's Property by such indemnifying party, its employees, contractors, servants or agents, except to the extent such claims are caused by the intentional misconduct or negligent acts or omissions of the other party, its employees, contractors, servants or agents. 24. Lessor's Covenant of Title. Lessor covenants that Lessor holds good and marketable fee simple title to Lessor's Property and the Leased Premises and has full authority to enter into and execute this Agreement. Lessor further covenants that there are no encumbrances or other impediments of title that might interfere with or be adverse to Lessee. 25. Interference with Lessee's Business. Lessee has a non- exclusive right to construct, install and operate wireless communications facilities that emit radio frequencies on Lessor's Property. Lessor retains the right to permit the construction, installation or operation on Lessor's Property of any additional wireless communications facilities; provided, however, that Lessor shall not permit the construction, installation or operation on Lessor's Property of any equipment or device that interferes with Lessee's use of the Leased Property for a wireless communications facility unless that equipment or device primarily serves or benefits public safety (police, fire, ambulance) communications. If Lessee is unable to continue to operate its facilities on the Leased Premises as a result of Lessor allowing public safety communications on Lessor's Property, Lessee's sole remedy is to exercise its right to terminate this Agreement under Section 11 of this Agreement. 26. Quiet Enioyment. Subject to Lessor's rights set forth in this Agreement, Lessor covenants that Lessee, on paying Rent and performing the covenants of this Agreement, shall peaceably and quietly have, hold and enjoy the Leased Premises and Easements. 27. Lessor's Lien Subordination. It is the intent of the parties. that Lessee's wireless communications facility shall not constitute a fixture. Lessor hereby subordinates. any and all liens, whether statutory or under common law, with respect to any of Lessee's property, and any property owned by any sublessees or licensees of Lessee, now or hereafter located on the Leased Premises. 28. Title Insurance. Lessee, at Lessee's option, may obtain to any financing en title insurance on the Leased Premises and Easement. Lessor entity to whom Less shall cooperate with Lessee's efforts to obtain title insurance by or in res ect of Regular Council Meeting -November 18, 2008 -Page 121 of 164 P {00011180.DOC / 2}(BOOS) Town of MaranalCrown Communications Lease Agreement -4- executing documents or obtaining requested documentation as required by the title insurance company. 29. Default. In the event that there is a default by Lessor or Lessee (the "Defaulting Party") with respect to .any of the provisions of ..this Agreement or Lessor's or Lessee's obligations under this Agreement, the other party (the "Non- Defaulting Party") shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Parry shall have thirty (30) days in which to cure any monetary default and sixty (60) days in which to cure any non-monetary default. The Defaulting Party shall have such extended periods as may be required beyond the sixty (60} day cure period to cure any non-monetary default if the nature of the cure is such that it reasonably requires more than sixty (60) days to cure, and Defaulting Party commences the cure within the sixty (60) day period and thereafter continuously and diligently pursues the cure to completion. The Non-Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided in this Section. 30. 1Reserved.l 31. Annlicable Law. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Arizona. The parties agree that Pima County, Arizona shall be the venue for any litigation regarding this Agreement. 32. Assignment, Sublease, Licensing and Encumbrance. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Leased Premises without the prior written consent of Lessor; provided, however, that (i) Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement, and (ii) Lessee has the right, at its sole discretion, to sublease or license use of the Leased Premises, Easements and Improvements to communications companies for the purpose of placing and maintaining communications facilities on or in the Improvements. Upon assignment, Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Lessee's obligations under this Agreement. Lessee shall promptly provide Lessor notice of sublease or license, including the lessee's or licensee's contact information, so that Lessor may at all times be apprised of those who are authorized to enter the Leased Premises. Lessor may assign this Agreement, which assignment may be evidenced by written notice to Lessee within a reasonable period of time thereafter, provided that the assignee assumes all of Lessor's obligations under this Agreement. This Agreement shall run with the Lessor's Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary. contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement tity; or agent on behalf of any financing ee (i) has obligations for borrowed money guaranties thereof, (ii) has obligations 10/21/2008 636 PM C7 evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Upon request to Lessor from any leasehold mortgagee, Lessor agrees to give the holder of such leasehold mortgage written notice of any default by Lessee and an opportunity to cure any such default within fifteen (15) days after such notice with. respect to monetary defaults and within a commercially reasonable period of time after such notice with respect to any non-monetary default. 33. Miscellaneous. Entire Agreement. Lessor and Lessee agree that this Agreement contains all of the agreements, promises and understandings between Lessor and Lessee. No oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. Ca tp ions. The captions preceding the Sections of this Agreement are intended only for convenience of reference and in no way define, limit or describe the scope of this Agreement or the intent of any provision hereof. LESSOR: TOWN OF MARANA, an Arizona municipal corporation IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement as of the 21St day of October, 2008. • ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney By: Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed in favor of or against the drafter by virtue of said party being the drafter and that this Agreement shall not be construed as a binding offer until signed by Lessee. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records, (ii) hand delivery, or {iii) certified or .registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is .impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to Lessor at Lessor's Notice Address and to Lessee at Lessee's Notice Address. Partial Invalidity. If any term of this Agreement is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. Cancellation for Conflict of Interest. This Agreement is subject to A.R.S. § 38 511, which provides for cancellation by Lessor in certain instances involving conflict of interest. Ed Honea, Mayor Date: LESSEE: CROWN COMMUNICATION, INC., a Delaware corporation Print Name: Witness By: Print Title (if any): Date: County of ) The foregoing instrument was acknowledged before me on October , 2008, by , the of CROWN COMMUNICATION, INC., a Delaware corporation, on behalf of the corporation. . My commission expires: STATE OF Ss Notary Public Regular Council Meeting -November 18, 2008 -Page 122 of 164 {0001 ] 180.DOC / 2}(BOOS) Town of Marana/Crown Communications Lease Agreement -5- 10/21/2008 6:36 PM EXHIBIT "A" [Label areduced-size copy of the recorded Hartman Vistas plat as Exhibit "A" and insert here] • • • {000~~~8Q4B06t1r$il Meeting -November 18, 200'Sol~na®C1~4vn Communications Lease Agreement 10/21/2008 6:36 PM Exhibit A EXHIBIT "B" [Label site sketch, including access road to Leased Premises, as Exhibit "B" and insert here] • • {0003~~8AE~BQ6tIrR;il Meeting -November 18, 2008o~aiActedQ$dvn Communications Lease Agreement 10/21/2008 6:36 PM Exhibit B EXHIBIT "C" [Label as-built drawing of Leased Premises, including access road, as Exhibit "C" and insert here] • • • {OOQ3~Q6tlr~'il Meeting -November 18, 200'Sodvl~aird6Qfl~vn Communications Lease Agreement 10/21/2008 6:36 PM Exhibit C EXHIBIT "D" • When recorded, return to: CROWN CASTZE USA INC. Attn: Real Estate Department 2000 Corporate Drive Canonsburg, PA 15317-8564 MEMORANDUM OF LEASE APN: 221-06-4010 THIS MEMORANDUM OF LEASE is entered into on this 21St day of October, 2008, by and between the Town of Marana, an Arizona municipal corporation, whose address is 11555 W. Civic Center Drive Marana, AZ 85653 ("Lessor") and CROWN COMMUNICATION, INC., a Delaware corporation, with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564 ("Lessee"). All of the following are provided for more fully in the Agreement: L Lessor and Lessee entered into an Option and Ground Lease Agreement ("Agreement") dated as of October 21, 2008, for the purpose of Lessee undertaking certain investigations and tests and, upon finding the Leased Premises appropriate for the purpose of installing, operating and maintaining a communications facility and other improvements (``Improvements"). 2. The tern of Lessee's tenancy under the Agreement is for five years commencing on the commencement of construction of the Improvements or upon Lessee's exercise of the Option, either of which must occur within one year after the date of the Agreement (the "Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five successive five-year options to renew. • 3. The Leased Premises, which is the land that is the subject of the Agreement, is a 25-foot by 40-foot portion of the Lessor's Property at 5541 West Linda Vista Boulevard in the Town of Marana, County of Pima, State of Arizona, as described in the sketch attached as Exhibit "A" to and incorporated in this Memorandum of Lease by this reference, including appurtenant utility and vehicular access. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the date first written above. Lessor: TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: • Town Attorney Lessee: CROWN COMMUNICATION, INC., a Delaware corporation By: [Printed Name, Title] Date: STATE OF ss County of ) The foregoing instrument was acknowledged before me on October _, 2008, by , the of CROWN COMMUNICATION, INC., a Delaware corporation, on behalf of the corporation. 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CHIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council Item A 3 From: Kevin Kish, AICP ,Planning Director Subject: Ordinance No. 2008.23: Relating to Development; approving a rezoning of approximately 0.36 acres of land owned by David Torrez and located at 8380 North Silverbell Road Discussion: Summary of Application Civil Design Group requests approval for a change in zoning on approximately 0.36 acres • (15,681 square feet) of land generally located on the east side of Silverbell Road between Wade Road and Continental Reserve Loop in a portion of Section 27, Township 12 South and Range 12 East. Rezoning Request The applicant proposes a change of zoning from `C' (Large Lot Zone) to `CO' (Commercial Office). The parcel is non-compliant with existing zoning due to the small parcel size. The tentative development plan (TDP) calls fora 2500 square foot office building to be constructed. One ingress/egress point from Silverbell Road will be provided for the office building. Due to the small parcel size and proximity to an intersection; proposed uses will be limited to a maximum traffic generation of 50 daily trips. No median cut will be allowed on Silverbell Road. The building will be limited to a single story structure. This site is bounded on the east and south sides by `CO' zoning which is the proposed location of the Silverbell Animal Medical Center; westerly of the site across Silverbell Road, is the Northwest Medical Center Outpatient Services and Urgent Care facility and north of the site is a residential subdivision. within Continental Ranch. All utilities are immediately available along Silverbell Road; the site will be serviced by Marana Water and Tucson Electric Power. The TDP is substantially compliant with the current Marana land development code, the proposed zoning district requirements and the Silverbell Overlay District. Marana General Plan The 2007 Marana General Plan designates the subject property as Commercial (C). This designation would include the development of offices. Staff finds that the proposed rezoning is consistent with the 2007 Marana General Plan. Regular Council Meeting -November 18, 2008 -Page 131 of 164 • Citizen Participation The applicant held a neighborhood meeting on October 20, 2007 at the Days Inn & Suites Hotel on Cracker Barrel Road. The residents' main concern involved the height of the building. The applicants are restricting the height of the building to one story to address their concerns. To date, staff has not received any calls or letters from residents with concerns. 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 as a result of changes in the land use laws that apply to the rezoning areas resulting from the approval of this zoning. If the applicant doesn't 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: .'.Name: Deseripti on: Type: D David Torrez Rezoning Ordinance (00011695)_ DOC Dawd Torrez Rezoning Ordinance Ordinance ~ PCZ-08012 Exhibit A Ordnan_c_.e.pdf Exhibit A Exhibit ~J David Torrez Prog 207 . W - er~00011.697) DOC aiv David Torrez Prop 207 Waiver Backup Material • ~ Pcz.-oao12 ~PPlicatlan Backup Material A~piicatiortpdf ^ PCZ-08012 Location . Ma~_pdf Location Map Backup Material. Staff Recommendation: Staff recommends approval of the Rezoning with the following conditions: 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The proposed office shall be restricted to single story construction, not to exceed 20-feet. 3. The proposed use of the property will be limited to a maximum traffic generation of 50 daily trips or as accepted by the Planning Director and Town Engineer. 4. No residential use shall be permitted. 5. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or landowner to violation of any applicable federal or state law or regulation, nor relieves the applicant or the land owner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain an appropriate expert and/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. Commission Recommendation - if applicable: A public-hearing for this case was held during the October 22, 2008 Planning Commssion • meeting. Two property owners came forward to express opposition. The Planning Commission voted unanimously (6-0, Commissioner Wood excused) to recommend approval with conditions to the Mayor and Town Council. Regular Council Meeting -November 18, 2008 -Page 132 of 164 • Suggested Motion: I move to adopt Ordinance No. 2008.23, approving the David Torrez rezoning, with conditions. • Regular Council Meeting -November 18, 2008 -Page 133 of 164 C MARANA ORDINANCE N0.2008.23 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 0.36 ACRES OF LAND OWNED BY DAVID TORREZ AND LOCATED AT 8380 NORTH SII.,VERBELL ROAD WHEREAS, David Torrez is the property owner of approximately 0.36 acres of land located on the east side of Silverbell Road between Wade Road and Continental Reserve Loop in a portion of Section 27, Township 12 South and Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated. herein. by this reference (referred to in this Ordinance as the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on October 22, 2008, and at said meeting voted to recommend, by a unanimous vote, that the Town Council approve the rezoning of the Rezoning Area from `C' (Large Lot Zone) to `CO' (Commercial Office), subject to 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 November 18, 2008, and determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: .Section 1. The rezoning of the Rezoning Area from `C' (Large Lot Zone) to `CO' (Commercial Office) complies with the Town of Marana General Plan. Section 2. The zoning of the Rezoning Area is hereby changed from `C' (Large Lot Zone) to `CO' (Commercial Office). 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): 1: Compliance with all provisions of the Marana Town Code, the Marana band Development Code, Marana Ordinances, and policies of the Marana General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. The proposed office shall be restricted to single story construction, not to exceed 20-feet in height. • 3. The proposed use of the Rezoning Area shall be limited to a maximum traffic generation of 50 daily trips or as accepted by the Planning Director and Town Engineer. 4. No residential use shall be permitted. Mazana Ordinance No. 2008.23 - 1 - Regular Council Meeting -November 18, 2008 -Page 134 of 164 • 5. No approval, permit or authorization by the Town of Marana authorizes the applicant and/or landowner to violation of any applicable federal or state law or regulation, nor relieves the applicant or the land owner from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The applicant is hereby advised to retain an appropriate expert and/or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 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 potentia] 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. 2008.23. • 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 18~' day of November, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk • Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance No. 2008.23 - 2 - Regular Council Meeting -November 18, 2008 -Page 135 of 164 • EXHIBIT "A" LEGAL DESCRIl'TION -PROPERTY BOUNDARY PARCEL 226-25-006A THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, ,RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE. SOUTHWEST ONE QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE N 89°43'34" E, A DISTANCE OF 123.70 FEET TO A POINT; THENCE S 00°37'14" E, A DISTANCE OF 130.07 FEET TO A POINT; THENCE S 89°45'09" W, A DISTANCE OF 95.89 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST FROM WHICH THE RADNS POINT BEARS N 48°41'22" E, SAID POINT BEING ON THE NORTH RIGHT OF WAY • LINE OF SILVERBELL ROAD AS RECORDED IN DOCKET 9496 AT PAGE. 562; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3840.00 FEET AND A CENTRAL ANGLE OF 00°47'04.9" AND AN ARC LENGTH OF 52.59- FEET TO A POINT; THENCE N 00°33'36" W, A DISTANCE OF 83.93 FEET TO THE TRUE POINT OF BEGINNING FOR THE ABOVE DESCRIBED PARCEL. THE ABOVE PARCEL CONTAINS 0.358 ACRES. OF LAND MORE OR LESS. • Regular Council Meeting -November 18, 2008 -Page 136 of 164 • CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2008.23 DAVID TORREZ, a single man, (the "Owner") owns the land referred to in this instrument. as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2008.23 (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08012, filed on behalf of the Owner, which the Marana Town Council approved with conditions on November 18, 2008 by the adoption of the Rezoning Ordinance. The Owner hereby agrees and consents to all of the conditions imposed by the Marana Town Council in conjunction with the approval of the Rezoning Ordinance and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of the Rezoning Ordinance. The Owner also consents to the recording of this document in the office of the county recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall also be bound • by it. Dated this _ day of , 2008. The "Owner": David Torrez STATE OF ARIZONA ) ss County of Pima ) The foregoing instrument was acknowledged before me on _, 2008 by David Torrez, a single man, the Owner. My commission expires: • Notary Public Regul~a~i~&~ez~e~~~in~~o~i~o~7r~~~~08 -Page 137 of 164 11/7/2008 4:51 PM ,j~~ °TOwN of MAI~tA ARANA Planning Departmextt ~~~~~ 1 ~ 11.5.55 W. Civic Center Ur. Martina AZ 85653 +~~ (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING .APPLICATION I. TYPE OF APPLICATION (check O,ac~ o Preliminary Plat a General F}2rt Amendment o Vance o Final Piat ~ Specifsc Plan Amendment o Conditional Use Permit a Development Plan. ~( RezonelSpecific Plaza a t7ther o Landscape Plan a Significanti~antlliset~aat7ge o Native Plant Perirait o Minor Land Division • 2. GENERAI, DATA LnRED Assessor's Parcell`?umber(s), ~~j ~~~~~~~ q ttJ ar'k' General Plan Designation -, o be confirmed by siati) Grass Area jAcrelSq. Ft.~ ~. ~ ,~ ~ ~G . Current Zcrn ing (fio tse ctanfinned by ttalt) I?eveloprnent/Pro)ectNarne -~^ QQ~Il~ t!!f'!"=EZ PQf`GC~ P'ropz3sed~oning ~ e~ Pro}ectLocaton ~~ 5~~llEC~t.~L ~Z;QLlGI _ __..._~._ I3escriptianafPraject j?,eZo~e '~r'orYt C ~ C0 ~or' fu~vre o~~ice de.seto en-~ Property C3wner ©Q~11`d l O ~' !' C'.Z Street Address '~ ~ ~ {~ ~~ CIi`Q -Cri+ty it3GSo~ State ~'~ Zip Code $J~p P}aone'*lumber ..~p~.pQ#j~ Fax Number ._.. E-Mail -Address ~vtdfiocre,Z ~~~ l ~ ~ ~ Cortttaart Person Dav-d T©c'rGz Phone Number 520 - coq. o$oa Applicant ~ ~ ~~~'T Street Address City State Zip Dade Phone Numbe7 Fax Number E-Mail Address C.antact Person Phone Number Agent/Representati ve ~ ~ ~ j ( ~ {a 51 f7 ~ f'v U p Street Address 1 ~ ~i, (o ~ ~ . $}>e, t'o G~(, C4r't a n ~ ~ 4 C City Ot-o Salle State AZ Zip Code $5`55 . Phone Number T9T-ogl~Z Fax Number 2t9-114Q E-Mail Address ~erko~ az~cA Contact Person ~'C.GV in Qtf ~Gv PE Town of Martina Business License No. 3. AUfIiORIZATION OF PROPERTY OWNER }, the undersigned,. certify that ail 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 writ i~ by the owner to fi}e th rs alipiication and ch a (}f not,pwner of record, a ach written authoL"tzatioa from the owner:} ""~ { +~' ~ ~ ~ ~~, i>,~~ , Print Name crfA -tcantJA ent Si nature Bate X.1Si-IAREL7 F1LESlRe~~iew Checklist\Applicatibn.d©c May 2005 Regular Council Meeting -November 18, 2008 -Page 138 of 164 • • ~, David Torrez Rezoning `,~: ~'"`~ ~ ~`~`~~ ~ ~ ~'~1,~a~ ~ ~F ~4~1.t~t~~',~.n CASE PCZ-08012 j ! ~ ~ '~C~~~ Z U~ ' ~ N ~; L ~,FRQFC< ~'G a Subject Property ~ ~ ~ ~~ ~~~ ~P~ ~~ ti~~ o a~~c ~~ ~S! T ni ~plf~lq RESEPI,F ~~~~~ .G,S, O RegU@St o soo y2oon. " Approval to change the zoning of approximately 0.36 acres from "C" Large. Lot Zone to "CO" Commercial Office in order to build a 2500 sq. ft., one story professional office building 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 part~tyh, fodr any loss or direct, indirect, special,incidental or consequential damages, including but not limited to time, money or goodwill, arising from the user ~a if~ t ncgf h d n ' r u -November 18 2008 - Pa a 139 of 164 ee DAVID TORIZEZ REZONING REQUEST: REZONING FROM LARGE LOT "C" TO COMMERCIAL OFFICE "CO" Parce1226-25-006A Section 27, Township 125, Range 12E 8380 N. Silverbell Road Marana, Arizona Submitted to: Town of Marana Planning Department 11555 West Civic Center Drive Marana, Arizona 85653 Prepared for: David Torrez 7650 West Yedra Tucson, Arizona 85746 Telephone: (520} 609-0800 Prepared by: Civil Design Group 13 869 N. Steprock Canyon Place Oro Valley, Arizona 85755 Telephone: (520} 797-0962 ~(vlUl (~[iLl Mess+ona/ F~ // e- ti ~' sGs'~9 ° ~~ August 2008 ,~ ~ KEVIN S. _ pEFKO f~ , S'9:-;e;a s' -~ZO ;;~~ y P_ PCZ-08012 ~~_ =~~3~~~~ J Il l L A. 2. 3. 4. B. 1. 2. C. 1. 2. 3. 4. S. D. I. 2. E. I. 2. F. 1. 2. G. 1. 2. 3. 4. H. 1. ?. 3. L I. J. II. A. B. C. D. 1. 2. E. I. 2. 3. F. I. 2. 3. 4. S. G. I. 2. ~~ ~~ Y ~.~~ INVENTORY AND ANALYSLfi ._--.....---•---•-'----•-----•• ................................................•-•-----.....................3 EXISTING LAND USES ...................................................................................................................... ..4 Description oJSite Location in Regional C,an#ext ...............................•---•_..------...------............................... ._4 Description ofFxistireg Larul Uses._._._.__.____---..__________________-_--------------------_----------•--------...----•------......-----... ..4 Surrounding Property within fine-Queer of ahilile-•-----------------••-----_------•---._._.....................---............... ..4 Location of yF'ells ..................................._......._.------._......--•--•------•- ----- •-•--•-•-----....._.......................... ..9 TOPOGRAPHY.-•-•-----• ............................................................ ... .-----•------......................... - - -- --------------- ..9 Topographical Charru;#eriskcs .................................................. ---............................. .. 9 Pre DeveJopmentCrass-Slops...._ ............................................................................................................ 12 HYDROLOGY-------------------•--•---------_.. ---•------ •------• -----------------------_..--•--•---•-•---...---•--------• --...................... 13 Information Regarding OJT-Sits Watersheds .-•--------------- .................. 13 Off-Site Natural arMan blade F'satures ....................................._...-•-----•-----.--......__................................. 13 Acreage of Upstream O~'~te Watersheds (I t)f~Year Discharges Greater than I Qtl cfs) ........................... 13 On-Site HydroJo~x .......................•--._...._....--•-•- --•-----•-------.................... 13 Fxisting Drainage Conrlrtions along Lbwrtstream Property Baun~Ilary ..................................................... 13 VEGETATION .......................•------_.._.__._.._.....__------------------------------•----....._..-------•-----............................ 15 Inventory and Description ....................................................................................................................... 15 Densities of Vegetation ..__........, ..................................................................................••---....................... 15 Letter from Habitat Specialist ..__ ........................___........_..__-._._.._._._..---._--------.......--••---.......................-•--. 17 Description of Wildlife Concerrrs .................................._........._._...._......_ ...................................... 1? VIEWSHEDS ............. •--_..---_....._•--•------_._•----___.._..... _..--•--.._.___---------------•-----.......................................... 19 ViewshedsOrrtoandAr~ssthe.Site ....... ......... ......... ......•- -----.•---•----------•---................................ 19 Areas of High, Medium and Low Visrbility frsrmr Nearby D, f,~Sits Lr~cations : ............................................ 19 TRAFFIC .........................••--------------•------..._._._.__._...._ .__ ._.._._ ........----•---.............................. 24 Existing and Proposed Off-Sits Streets.-----._.___~__._.--.------- ......................................................................... 24 Arterial Streets within One Mile of the Projectsite....._.-..__ ........................... .................. ......................... 24 Existing and Propasedlnterseetions .........................................................................•-•--•---...................... 25 Existing Bicycle and Pedestrian Ways ..........................•----------------_----.--------•---.--..................................... 25 RECREATION, SCHOOLS AND TRAH.S--------------------------------------------•--•--•-------............................... 27 Recreation ...---• ......................................................................•---..._..__._._..--•------------•--............................. 27 Schools ............................ ...._......_....._.---------......_..............----.............. 27 Trails ........... ......................................................................................................... .................................. 27 CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES ............................................. 29 On-Site Cultural and/orHistorie Rssources ............................................................................................. 29 COMPOSITE MAP ................................................•---------------•----.......-------------.....----•------•--.................. 29 LAND USE PROPOSAL .....................................•------•-----------._._-----._._.-----..._....----•---•--••-----................. 31 PROJECT OVERViEW----------------------------------------------------------------•-----------------•------•----•--...................... 32 RELATIONSHIQ TO TOWN OF ~~A~AGEhtEttiLPLt~N ....................................................... 32 TENTATIVE DEVELOPMENTPLAN--------------------------------------------------•--------------•--.----...................... 34 EXISTING LAND [ISES ..................._............._._._.......-------•------------------•----•----------------••----................... 34 Zoning Boundaries .........................................•----..__..._..___.---•-•---•----........._......----•-•---•--•-----..................... 34 Assessment oflmpact an Existing Land Uses ........................................................................................... 34 TOPOGRAPHY ................................................................................................................•-•-•----........... 37 TDP Responses to Existing Topographic Charcutsristtcs ................................................•---.....__.......---.... 37 Encroachment onto Slopes IS Percent or lsreater..._.. ...............................••---.......................................... 37 New Average Cross-slape..-•-----------------__.-._.._._._.___.._......_..__......._..............___.......................................... 37 HYDROLOGY ...................•---•------------_-__...__....................._......._....._... __.._.__......................................... 37 TDP Responses to Existing Hydrological Characte>gstics ..................... ................................................... 37 Encroachment/Modifrcatian of Drainage Patterns .................................•--.---•----............._........................ 37 Potential Drainage Impact to O,~-Sits Land Usss .................................................................................... 37 Engineering and Design F'eaturss ........................................................................................................... 37 Canfarmance with Agplic~le Plcros ..............................•-----•-------••-•---•-----------•-------------••-----.................... 38 VEGETATION AND WII.DLIFE----------------------------------------------------------------•-••-•----.....-•--•-•--................ 38 TDP Responses to Existing Vegetative Characteristics .... ..................................................................... 38 TDP Response to the Native Plant Ordinance and Habitat Disturbance ................................................... 38 J ~~ ,; I~ :] IJ ~J H. BUFFERS ...........................................•---------__.-------------------....._.............._..-•-•--..._................---•-•---......... 38 L VIEWSHEDS ........................•--...---....._...................._...---- - ...............---..... 38 L .Mitigation oflmpacts to Views and T~istasfrom C), f-Site ----------------------•-------................---•-•------................ 38 3. MitigationoflmpactstoAreasofHigh~sibility-------•• ..............•--•-----...._......................-----..,.................. 38 1. Provide a tra,~'ic analysis report .............................................................................................................. 39 2. A description of on site street rights-ofway, t}~aical raaadwary sections, and property ownership ............... 40 3. A description of any proosed bicycle and pedestrian pathwarys within the development . ........... ... .............. 40 K PUBLIC UTILITIES .................................................•----.._. -•---.........--•---••---•-- 40 1. Sewer ..........................•--......------•----.......____.__........-----------•--------.__.._._..._............._..._................................ 40 2. Water ..............................................................•---------------•-------._...._..._...........--•---.................................... 40 3. Gas ........................................................•------.._..._-•----------------._.................------•-----•--.......................-----•-- 41 4. ElecMc .....................................................•---....----•--------------•------......_.......-•--•------------._................----....... 41 S. Tedephone ............................•---.._.____._...._._._...._._...._....----•_--•-------•--•----............._.....__............................... 41 L. PUBLIC SERVICE IlVIPACTS ............................................................................................................ 45 1. Police ................................................................................................................•----•-•--•---............-•---...... 45 2. Fire ..........................................................----------------------•------........---••---•--•--•---•----......_.......--•-•----•--•--..... 45 3. Sanitary Pickup ........................................•----------...--•------•--------------...------..........---...-•---------..................... 45 M. RECREATION & TRAIIS-----------------------------•--•------•--•----........................----------------........................... 45 N. CULTURAL, ARCHAEflLtIGICAL AND ffiS1~RIC RRSflURCES ............................................. 45 BibliograPhY ...:..........••-------._......................----------------------------------•------••---....._..... ................. 46 LIST OF EXHIBITSIMAPS Exhibit LA.l: Location and Vicinity M~--------------------------- ----------------------------•.--------................... 5 ExhibitLA.3.a: EausiingZoning ......................•--------•-----------------•-•----......------••--•---.................... ..6 ExhibitLA.3.b: Existing Land Uses-------------------------------------------------•-•-----••---------•........--•-----•-----. .7 ExhibitLA4: WellLocaGons--• .............•------------------------.........._._..-•--------•------........--•----•---...._ 10 Exhibit LB: ToPograPl-y-------------------------------------•------......._._.._._..------..................-•--------...... 11 ExhibitLC: Hydrology ............................•--..._._.._.__..___.-._._.....................-•--•--..................._ 14 ExhibitLD: Vegetation Communitiesa~iDeusities ..................................................................... 16 ExbibitLE: L.etterfromArizo~CrameandF ~ ......................................................... 18 ExhibitLF.l.a: Photo Key Map.--•-------•-• ................................•-----------•----..........----------•--•--....... 20 ExhibitLF.l.b: Site Photos--------------------------------------•-----_...-•-•----------._......__..........--------............ 21 ExhibitLF2: V~stbility ...................................•.------•------------••----.-.......-•--..•-•....•----............... 23 ExhibitLG: Major Roads One-MileCo~ext----------------------------------------------------------------------------- 26 ExhibitLH: Recreation, Schools and Trails ..................................--------•--................---------...-•--- 28 ExhibitLJ: Composite Map----------------•-----._._._..__..__....-_-__-- ----................---•--............ ----------- 30 ExhibitII.B: GeneraiPlanDesig~tians(Pe,~ing~______________________________________•---------------................. 33 ExhibitILC: Tentative DevelopmentPlar~ .............................................................•---•---............ 35 Exhibit II.D: Zoning & Specific Plan - .... ............. . . .. . ............... 36 ExlubitII.K.I: WastewaterCapac~tyLetter ...............................................................•---............... 42 Exhibit II.K.2: Statement of Water Service Pro isit~n and. Avail~bility ... . .. . . . .. . . ................ . . . • - - - • -. - - - --. - - -.. 43 David Torrez Rezoning r 2 [~ u ~~ ~. ~~~~~ f~~~ A~~YSIS r David Torrez Rezoning ' 3 i 0 u fl A. EXISTING LAND USES 1. Description of Site Location in Regioruxl Context The approximately 0.36-acre project site is located in the south portion of the Town of Marana (Township 12 South, Range 12 East, Section 27) and is bound by Continental Ranch Parcel 9 to the north, vacant land to the south and east, and Silverbell Road to the west {see Exhibit LA.1: Location and Vicinity Map). The project site is composed of a single parcel, identified by the Pima County Assessor's Office with the following number 226-25-fA 2. Description of Existing Z.arrd I7ses Currently the site contains an existing abandoned well, a +concrete machine mount, and a weir box. 3. Surrounding Property within Qrre-quarter o. f'aMiie a. Existing Zoning Project Site: C (Large Lot Zone) North: Medium Density Residential (Continental Ranch Specific Plan) South: CO (Commercial Office), Commercial {Continental Ranch Specific Plan) East: CO (Commercial Office), Medium Density Residential (Carrtinental Ranch Specific Plan) West: ROW (Silverbell Road), Commercial. (Puna Farms Specific Plan) (See Exhibit I.A.3.a: Existing Ztaning.) b. Existing Land Ilse Project Site: Vacant North: Med. Density Residential South: Vacant West: Public Right-of--Way (Silverbell Road), Medical Office and Commercial East: Vacant, Single Family Residential. (See Exhibit LA3.b: Existing Land Uses and Regional Development.) David Torrez Rezoning 4 Exhibit I.A.1: Location and Vicinity Map Site Boundary David Torrez Rezoning 5 d. ., b ~' f ! y ,. '~ ,r i ~' ~ Y 't iPC ~_ ',` ~...~ E i~ D' ~~;:_ '~ - ~"" ~ ~d''~. y`f s d l .~ ~~ ~ [~F - : Spsdrae Plbn - SIe IA~1 AOait 1 Q ~ ddE(XfA . . r, 7 M a~ o~no+r+ flbodo~b~r ®rt~~ w~nooraa~d casrdbr A _ y` ' "' -Y f Y d F Y ~ ~t ~`~ ~ u i ~~~ ~ ~~ ~ ~~ti ~~ ~ ~.= `' ', ~ ~ ` I ~+ ~ ' J2 j., i 5 a -~. -? ~ ~~ t,:~ Exhibit I.A.3.a: Existing Zoning ~# j 1 .'~,~ - 6 C~'~4,4 I~l/Yf~ - *` i \\ 1 -~ fjfjj ~~ q~l. ~ , .. ~~ ~~Y ~ ,~ `~~ ]~ ~ ;_ ~ r°~~ ,___~ ' ~ t. ,; r ~T - -....d,. ,rte ~ ~ z'~ A"_ ~ '~ ~ 1 ! e David Torrez Rezoning 6 Exhibit I.A.3.b: Existing Land Uses ,~ .,~ ,. ,~; ~ ~~~ ~ -~~. ~-~; ~xw. a. ~~' R- .;~ ' ~- w ~. -,:: ~ Rx ~„d~' ~ ` ' ~ r. ~ -~ David Torrez Rezoning 7 ' c. Number o Stories o Existin Structures .f f g ' The majority of the existing structures within aone-quarter mile radius of the project site are single- story. d. Pending Rezonings, Conditionally Approved Zonings, Subdivision Plats and Development Plans n i~ n Located directly across Silverbell Road from the project site, the Heinfeld Silverbell & Wade Development Plan (DPR-06142) is currently under review by the Town of Marana. Located adjacent to the south and east project boundaries, the Silverbell Animal Medical Center Development Plan (DPR- 06106) is also currently under review by the Town of Marana. The Silverbell Animal Medical Center received an approved Conditional Zoning which limits the development to one-story (PCZ-04039, Ordinance 2005.02){see Exhibit I.A.3.a: Existing Zoning and Exhibit I.A.3.b: Existing Land Uses and Regional Development. e. Architectural Styles Used in Adjacent Projects The majority of the buildings to the north and east are site-built houses. An existing medical urgent care center is located immediately west of Silverbell Road. The following photos display the architectural style of the residences to the north of the site and the urgent care center. The project lies within the Silverbell Road Overlay District, which requires approval of all architecture along this segment of Silverbell Road. r+~..~ ::~ .~ ~ ~~ f,. -..~.~.~- Single-family residences located north of the site i David Torrez Rezoning 8 4. Location of T~Yells The Arizona Department of Water Resources (ADWR) records show Well Registration #55-604852 is located on the subject parcel and is abandoned (see Exhibit LA.4: Well Locations). B. TOPOGRAPHY 1. Topographical Characteristics a. Restricted Peaks and Ridges The site contains no restricted peaks or ridges. b. Rock Outcrops There are no rock outcroppings located on the project site. c. Slopes of I S% or Greater As Exhibit I.B: Topography displays, the site is relatively flat and contains no slopes 15 percent or greater. d. Other Significant Topographic Features The site exhibits no significant topographic features (see Exhibit I.B: Topography). David Torrez Rezoning 9 ~., - ,.~ - ~, a„~ :,~ E , Wit; r y, ~ 4, ~' ~L~ i * n j ~ ..?iM`~M1. ~, ~ x..11+ ~ t ~~ Northwest Medical Center located west of the site Exhibit I.A.4: Well Locations Legend r---• • ~ ~ Slte Boundory ._.._.. ,....... . 100-foot Rodtus • Existing Well David Torrez Rezoning 10 11 2. Pre Development Cross-Slope The pre-development average cross slope was calculated using topography provided by Kurt C. Helmke, RLS with one-foot interval contours. The average cross slope is L67 percent. Average cross slope = (I x L x 0.0023)1 A Where: I =contour interval (1 foot) L =total length of contours (259.86 ft) 0.0023 =conversion of "square foot" into "acres x 100" A =total site area (0.358 acres) David Torrez Rezoning 12 C. HYDROLOGY 1. Information Regarding Off-Site Watersheds There are no off site watersheds that affect the site. 2. Off-Site Natural or Man Made Features The only off site man-made feature is Silverbell Road, which is along the western boundary. Stormwater runoff is collected and conveyed via curb and. gutter and underground storm sewer. 3. Acreage of ZJpstream Of. f-Site Watersheds (100-Year Discliarrges Greater than SO cfs) ' There are no offsite watersheds entering the project site. 4. On-Site Hydrology a. 100-Year Floodplain Greater 77aaa or Eal ~o SO cfs The on-site ro'ect area drains to the east. The i00- ear desi flow across the ro ect site is 11 cfs less P J Y ~ p J than the 50 cfs threshold. b. Areas of Sheet Flooding with Average Depth ' The runoff sheet flows across the project. site with a flow depth. of about 6-inches. c. Federally Mapped Floodways and Floodplains Per the FEMA Flood Insurance Rate l~Iap, the project site is located within Zone X. FEMA defines this zone as areas of 500-year flood; areas of IOIJ---year flood with average depths of less than one foot or ' with drainage areas less than one square mile; and. areas protected by levees from 100-year flood. d 100-Year Peak Discharges Exceeding SO cfs The discharge generated on the 0.36-acre site is approximately 11 cfs. ' S. Existing Drainage Conditions along Do-~rstream Property Boundary Based on the analysis, approximately 0.37 cfs per linear foot leave the pro}ect site with a very shallow flow depth and a slow flow velocity. i r David Torrez Rezoning ' 13 Exhibit LC: Hydrology f. ,,~ _ y~ _ i ., ~-~. '~ v ..- ,. ~~ .- - ~. f r , ~:~_,~ ~~' ~~4 . ~ ''h. :~ ;. ., .t ~. „, ', ~ ~/~ ~ . ,~ ~`` .~ }~ ~ r , ~,~ ~z `~~} ~'~,, A~= '" ' °~ _ _ r~ - ~ ~': r" 4 Legend ---•; s~n~ e~anday .._.._ ^-~ Exi~ing Tgoogr~hj- ~.~^~ O~rSlle Hy~dro~bgi- David Torrez Rezoning 14 i~ D. VEGETATION 1. Inventory and Description a. Vegetative Communities and Associations (1n-Site The project area is situated within the Basin and Range physiographic province and surrounding vegetation is characteristic of the Arizona Upland Subdivision of the Desert scrub formation. Plants identified during the survey consist of mesquite, Palo Verde, and prickly pear; various grasses and fortis are also present. No faunal observations were made during the archeological survey and no endangered or threatened species were noted_ The majority of the site has been previously graded and most of the existing plants are either cultivated non-natives, or volu~eers that sgrouted after the grading. b. Sign cant Cacti/Groups of ?'gees t,F'ederally-Listed 7~reatened or Endangered Species None observed. ' c. Areas of Especially Important Vegetation There are no areas of important vegetation on the project site. 2. Densities of Vegetation ' As noted in Exhibit 1.D: Vegetation Communities and Densities, the entire site exhibits low-density vegetation. Vegetation densities were categorized using the following percentages of coverage: ' High-Density: 76% - 100% Medium-Density: 31% - 75% Low-Density: 0°1° - 30% David Torrez Rezoning 15 Exhibit LD: Vegetation Communities and Densities +' ~ R' 11 , Y' F ~E -~^ .?~ ~, .' ~ +p T 4a sa~~ ~ ~ ~ ~~ 9,' ~. f. .fin. x.~ ~ ~ ~ ~~ a ~~ 'sir/ 79 ~ . -z 4- ~, ~f i= fi. Y ~'_ ~ '~ ~ ~~~Ayi~ "aF, ~~ .rN3 ~b. ~i' >. ~ ~ ' f~ v, ~ '~` ~ ~. `~'c~~, 1 ~y 3 ~ r ~, . ,~. ~= ~ ~ ~ ~ ; " ~ ~ ,~ ~ ~ ~3 ,~ a > ' ~ ~~ ~ ~, ~-~ ~- r,. "~", ~~~ ~~ I ~ ~ ~ ~w ~~ ~ ~ .~ r-•-: ' ~ ~ ~ `.._., SerlGrass~ards ' David Torrez Rezoning 16 E. WILDLIFE 1. Letter from Habitat Specialist A letterfrom the Arizona. Game and Fish Depattment, Tucson Regional Office, is included in this report as Exhibit I.E: Letter from Arizona Game and Fish Departme~. There are no state-listed threatened or endangered species or any high densities of any spec species present on the project site. Additionally, the project site does not exh~`bit any riparian ecosystems_ 2. Description of I~ildli~ fe Concerns As listed in Table l .E below, the Arizona Game and Fish Department's Heritage Data Management System (FIDMS) identified the following Special Status species as occurring within. a 3-mile radius of the project site: Tahle i _E: S~1 Status Sr~+eies Bat Colony Tucson Mountain Boerhavia megaptera S (USFS) S iderlin Fuivious Whistlin -Duch Dendroc~ bicolor SC Cactus Ferruginous Glaucidum brasilianum SC, WSC m owl cactorum Sonoran Desert Tortoise Gogherus agassizil (Sonoran SC, WSC I'o ulation S arseleaf Hermannia H is pauclfiora S (USFS Cave M Otis M is velifer SC, S (BLM) St -horn Cholla untia versicolor SR status Definitions: C. candidate LE. Listed En~dan~ed S: Sensitive (BLM & USFS) SC: Species of Concern SR: Salvage Restricted WSC: Wildlife of Special Concern David Torrez Rezoning 17 Exhibit I.E: Letter from Arizona Game and Fish Department c~ ~, c 3 L _ ~ C a ~p J a W a n m9 a ,~ m _ _ a o m c j V `~ ~ U °- w am U O ~ _ =~ ~ C - ~ ~ m V g- V 4 ~ {~ p 1R r ~ ~ C ti U ,J (a } ~o W u =~ ' o m`° wa m ~ ~ ~ *~ ~. U m a ~• ;= ~ m E F v a} p ~~~ y~. W~t°~ L ti~a~ a .~~^~ t1 O ~~~_~_~ J r 3 c •' Y °z~i v N~y^ 61 .~~~b o ~ J 3 N 3 ~ 1 m N ff} 07 ~ m 'vt fD !Y n v m v m E £ r 2 g a ~ = ~ ° ~ c _ U i ~ n ~ i y a S 's a c C.} w o s m ~ o ~ s. ? "L. ~ E R ~ t ~ ~ C -b ® E m `s `o ~ ~ n _ m _ z a ? = ~ _ 8' ~ ~ _ T ~ ~ a i3 ~ - 2~ ~ 'o = ~~ ` i- ~~ . -~ ' % q ~ iT 3 a Q. 5 ~ ~ a s... .c a - as °` ~ a ~ ~~ a ~ ~ ~ ~ 3 ~ ~ Y c 'R 37 ~ ..~ ^ ~' rt , Vy :~ ~l) ~ ' u. ~ .~ ~ _ ' Y1 ff `c C c ~ o .~ .+ „ C L o ~ ~ ~ ~ ~x m ~ _ ~ ~ ~ r ~ ~ ~ a ~ ~x ~ fl> ~ 0 3 ~,< s m cym•y ~ ~. a + ~ _ v '~ ~ - ~4 ~ O ~ O r'`j _ ~ _ ~ ~ 3 y C m {3 ~ (!J ~ V U a a` Q m ~ a ~ ~~ i~ m 0 ~~ n.~N ~ ~~• ~ ~' ~ O d 0 O ~~ m O_ Y cL c m a a~ ~~ as~-~ 4L~~ >~ ~ z c a>- m + O ~ R O B N N ~ M .,.. ~ c Q~r~v a ~ Q ~^ ~. O O ~ "'" ~ ~ JS O cv m= OY~fl ~' Y hm m t3 U O~ `,~ O O O m A,~Fa °aou~,'n Q CZ-_' ~~ ~ Q ~ O~ m~ O ~ N II~w m~ ~ ~ 4 Z Q ~$R~~'~(~ ~ ` T ~`+f1 ~~ ^ ~ ~ ~ +r N O m L~ C o u o ,~__ ~, , mmc+nvm mE~^ m u ~ Q ~ ~ a ~~ m _. O j~ O m C~ p y 8 OR = 6 fl O ,J~ A3 V; `' amoQa~ a £a~t~~.. ~ ~ m u °~ u v/ U ~"~ d J d d {9 O N za d David Torrez Rezoning 18 it ~II .J F. VIEWSHEDS I. Viewsheds Onto and Across the Site Various photographs were taken of views from and across the project site, as shown in Exhibit 1.F. l.b: Site Photos. Exhibit i.F. l.a: Photo Key Map indicates the locations from which the photos were taken. a. Views and Vistas from Adjacent Properties North -The project site exhibits low to medium visibility from properties to the north due to existing residential privacy walls. South -Land to the south of the project site is vacant; therefore, the project site is highly visible from the properties to the south. East -The project exhibits medium to high visibility from the property to the east. Existing low-density vegetation on the east project boundary reduces complete visibility. West -The project site is highly visible from Silverbell Road. b. Views and Vistas from Areas beyond Ad~ jacent Properties ' The significant view beyond adjacent properties is of the Tucson Mountains to the west. The vista is moderate due to the distance and existing development between the Tucson Mountains and the project site. r 2. Areas of High, Medium crud I.ow Visibility from Nearby O Site locations: ~I '~~ As illustrated in Exhibit l .F2, the majority of the project. site is considered "medium visibility" from offsite locations. Visibility was determined as follows: High Visibility: Areas not obscured by vegetation or terrain and visibility from the edge of the site. No portions of the site are consid~-ed highly visible. Medium Visibility: Areas visible from off-site but obscured somewhat by vegetation. The entire project site is somewhat screened by vegetation and fencing. Low Visibility: Areas on site that cannot be seen from off-site due to vegetation and/or topography. The site exhibits no areas of low visibility_ David Torrez Rezoning 19 Exhibit I.F.l.a: Photo Key Map ~r . *!=°+ a;j~ . 'S h ~ ~ J j .k • ~ .: .~.. ~,~ ~~ ~g. ~~ `. 1 - ~. -f Legend r--- ~ ~ ~ .._. t!~ Pnoro w~G~ ~ ~ , ~ ~..,, J ~ ~ ~ K R ~+', 'fir Y r ~, M~ ~ Y ~~ ~ $ .. ~` David Torrez Rezoning 20 Exhibit I.F.l.b: Site Photos .,.~ r, ~ , ~.. t« t .t. 1' ik". J `'~ t ~Y; y . Photo 2: Looking east along north property line from the northwest corner of the site. David Torrez Rezoning 21 Exhibit I.F.l.b: Site Photos continued Photo 3: Looking south along east boundary from the northeast corner of the site. David Torrez Rezoning 22 <, ~~~ 5 j.,, ~~.- =~ Photo 4: Looking east from the center west side of the site. Exhibit I.F.2: Visibility ~~ F ti:' ..t < ~ ~ t~ '` h r ~..k ~ b i ~„tT~ <Q :~ ~ "i~. ~', ~ r,t :r i ~ ;, { ~. ~Q ~~`~ ~ - fury ~~ ~~~~ s r~ k~~ ~, 1 ~. ~~ x~ .w :i ~ ~ -~ C nc. ~ o; r ~- ~ ?~ r .t a :-~ ~ + o e _ ~- _f&~ -.. ~ -~ '~R _ ~ .4t Legend r•~- . ~ Sl/e BDUndarp .... _ .. ® Ibdlum Vlsld/ly Note: The majority of the project site is highly visible from off-site locations. David Torrez Rezoning 23 t.<i~ h 6 : t! _. G. TRAFFIC 1. Existing and Proposed Off-Site Streets Silverbell Road is a.divided fear-lane Urban. Collector-that bounds the properly to the west. The speed limit is 45 mph. On-street parking is prohibited.. Silverbell Road is a-turently 90 feet from curb to curb. There are no proposed. off-site streets.. Table 1.G: Existing Roadway Inventory Road Existing t)v~niership No_ of Speed Daily Segment Rtw Travel. Limn tioiume Width. Lanes (mph) Silverbell 2t1f3 ~D~ ~ ~~ 27 869 Road , Somerton 50 1'oM 2 25 Unknown Drive 2. Arterial Streets within Agile Project S:lte a. Existing and proposed rights-cc~-way widths The right-of--way of the existing Silverbell Road is 200 feet. b. Whether or not said widths conform to minimum requirements The roadway right-of--way width for Silverbell Road conforms to minimum. c. Ownership Silverbell Road is a public right-of--way under the jurisdiction of the Town of Marana. d. Whether or not rights-of-~vay~ag or are continuous The existing Silverbell Road right-cif-way is continuous through the project study area. e. Number of travel lanes and theoretical capoacity and design speed for existing roads See Table l.G above. f Present average daily traffic for existing streets See Table LG above. g. Surface Conditions of fisting Roadway Providing Access to Site David Torrez Rezoning 24 Based on visual inspection and apparent ride quality only, the surface condition of Silverbell Road is goad. h. A program for completion of rotu~ and intersection improvements No roadway or intersection improvements are requir+~ or proposed for this project. 3. Existing and PropaFsed Intersections on arterial streets within one mile and most likely to be used by traffic from this site.. The existing Silverbell Road / Somerton Drive interstion lies 18x.5 feet north of the project driveway. Existin arterial intersections within one-mile of the ro ect site include: g P J 1. Silverbell Road & N. Finfrock Drive 2. Silverbell Raad & Coachline Boulevard/N. Continental Reserve hoop 3. 4. Silverbell Road & N. Kimball Way Silverbell Road & W. Somerion Drive S. Silverbell Road & N. Wade Raad 6. 7. Silverbell Road & W. Nueva Vista Drive Silverbell Road & W. Carefree Way 8. Silverbell Road & N_ Wildomar Dave 9. Silverbell Road c~ ~ Cortaro Road The italicized intersections are estimated to be most likely to be used by traffic from this site. There are no proposed intersections within one-mile of the project site. 4. Existing Bicycle grid Pec~strian Ways adjacent to the site acid their connections with arterial streets, parks, and schools: Currently, there is a bicycle path located along the east side and sidewalks along both east and west sides of Silverbell Road_ David Torrez Rezoning 25 Exhibit I.G: Maior Roads One-Mile Context David Torrez Rezoning 26 i H. RECREATION, SCHOOLS AND TRAILS 1. Recreation As displayed in Exhibit 1.H: Recreation, Schools and Trails 2. Schools u As displayed in Exhibit 1.H: Recreation, Schools and Trails, there is one school within one mile of the project site: Coyote Trail Elementary School The school is located at 8000 N. Silverbell Road. As this is anon-residential project, this development will not impact these public services. Rattlesnake Ridge Elementary School The school is located at 8500 N. Continental Reserve Loop. As this is anon-residential project, this development will not impact these public services.. 3. 7'rrrils r As displayed in Exhibit i.H: Recreation, Schools and Trails, there. are two trails located within one mile of the project site: SilverbelUCongresslCrrandellt~Iission Trail The trail is part of the Pima County Trail System and is located along and within the Silverbell Road right-of--way. This development will not impact these public services. Picture Rocks Wash This trail is classified as a connector trail to the Silverbell Road trail system (Primary) and is located approximately 2,000 feet northeast of the project site. David Torrez Rezoning 27 1 u Exhibit I.I-I: Recreation, Schools and Trails I-~~ ~... ~, .r a ~ ~ ~ ~ P 3 ~~ ~r t,~ 4, ~~ i ' _ ! ~ ~ t ~,~ i ~`'~ . ~~ ._ ~ ,,ice __._... ~ ~, ~ r k%#~ ' _.. ~ ~Pbve t~fi ~! f'Pbf r ~ ~ aA .: ~~ 1 w'Y.~ ~ ~: ~~ ~ ~ ~ .~ ~, ' r-: -~ ~ ~ f ..._ ~ ~ ~1 ~t .~ ' ~~~ _~~ ~ ~ ! -' ` Y r i_ 1 _~. ~ _~ _ ~_ ~-~ ' _ f ~ ~~CC ~ i 1~ ~ ° _ , ~~ _. ~. ... ~~ David Torrez Rezoning 28 i I. CULTURAL, ARCHAEOLOGICAL Alm HISTORIC RESOURCES 1. On-Sate Cudturat arul/or Historic IZesourees A Class III Cultural Resource Survey, dated 7uly 313, 2007, was performed by Tierra Right of Way ' Services. One archaeological site was recorded within the project area. AZ AA 12:1045 (ASM) was recorded by Tierra archaeologists during the survey of the parcel. A copy of this report is included in the appendix of this document. J. COMPOSITE MAP ' Thorough site analysis and research of the subject property's existing conditions have revealed few physical constraints that might impede development on this site_ Information on the site's topography, hydrology, vegetation and views has been compiled to create a McHarg Composite Map, displayed as ' Exhibit 1.J. L 1 C n n David Torrez Rezoning 29 i ' Exhibit I.J: Composite Map _. t ~' ~, ~ :. .. ~. ~~ ~ ~~ ~ ~~ ~ ~ ~ ~• • K i -:. ~ ~ .- .~ - i x '- - ~~ - ~ '~ T. ~ ~ ~.. _w _, _ r - .~ ~ , ~. ,~ 3 .~ ~ -- , ~- _ _-,~_ }. ~~ .;~ .. .~ ,. ~ ~ ... ,4 ~, ~ ~ i 1 i ~ 4 ~ ~ A i ~ j'z 1~\ 1 f, ~ ` ~ ~`1 ' i '` ~ I ~ A I 8 f : •' .; ? ~( ~qa ~+ ' i _ . al ~L. •s l s f Legend ~ ! Slle Ba~ndrory ._.._. ~~ fxlslln~ TgoOprgxy ® Se~--t~sert Gra~ssbnds i~ ® v~s~dmy David Torrez Rezoning 30 0 0 fl 0 n 0 ii n David Torrez Rezoning 31 A. PROJECT OVERVIEW The project site is currently vacant and surrounded by several types of Iand uses, from residential uses to ' vacant land to public right-of--way. The rezoning request proposes a change from the existing Zone C (Large Lot Commercial) to CO (Commercial~L3ffice). The proposed Professional Office Building includes one building with a maximum total area of2,5(K) square feet and will be limited to one story. The proposed development shall conform to the requirements of the Silverbell Road Overlay District per Title 24 of the Marana Land Development Cade.. ' As the site is highly visible from adjacent off-site locations, quality architecture and landscaping will be implemented into the development_ LTnifietl architectural elements will be added to all four sides of the building and common elements will be incorporated into the signage_ Ample landscaping will be provided to enhance the aesthetics of the development, as well as visually buffer parking areas and screen the proposed. Professional Off ce I7fevelopment from. adjacent land uses. On the parcel south of and adjacent to the subject parcel zoned CO; the proposed Silverbell Animal Medical Center will be located. ' B. RELATIONSHIP TO TOWN OP A~AItANA GENERAL PLAN ' The project site is surrounded by areas designated as Maier Planning Area by the Marana General Plan (specifically Continental Ranch Specific Plan and Puna Farms Specific Plan}(see Exhibit II.B: General Plan Designations). However, this project is excluded from the 11~Iaster Planning Area. The rezoning application meets the goals ofthe General Plan by promising a Professional Office Building ' development that: ' Benefits existing and proposed reside~rtial development ^ Minimizes public expenditures by utilizing existing infrastructure (i.e. roadways, utility connections); and ' Promotes high-quality design through compliance with the Town of Marana's Commercial Design Standards and the Silverbell Overlay District while maintaining a scale that is appropriate and compatible to surrounding uses. David Torrez Rezoning 32 L u n n Exhibit II.B: General Plan Designations ~~'~ih ~ i ~ N Q >+ o ~ fy ~r c--v ~ ~ m y~ N c ~ ~ ;a N N • ~ o o e t ~~~. ~ (, Q ~a ~ ~ ~ a~i u, ~ ~ m o P c ` ~ ~ ~ ~ a ~ °~ d 1 7 [ ~ o o ~ ~ ~ ~ ~ f6 Q <6 N ~ ~N ~ n ~ N 3 t 1 ( 1 ~ , 0 J Z m ~~ Q c a ~ v c c ~~ ~ O U~ y N f0 d 0 O~ N ~' tL U U c4 p N c N Z ~ 7~~ ~ d L N N 0 N ~ 1 ~ 0 C c6 f0 O Y . X N ~ n lC (0 f0 fl ' Q 7 O N O (Q C O tC t0 ~ ~ W U ~ fn d ~ ~ Q R' J ~ U `~ !- a to ~ I _~ Q. q ' a ~ O m .. QO _ ~~~ ~ ~~ ~ ~J Q ~ ~5 v, L ~ 0~.~ „ ~ t .{d ~ c c LL ~ migo .4t s a nUC ~ ~Cm a ow c ~N~ a ~ mo ,@@ , 5y~ o Nmm L O t~ t9 @ ~ dy J7 °o N r~ CpUrn ~i m ~y ogo I~ ~`y ~ m o` ~ ~ ~i~ ~ m ° ° ~, L, ~ T ~' ~ ~ E~ ~' ~ ~ ~ ~ y m ~ ~~ C C ~o ~~ ~ ~ ski ~ ~ o ~m ~ 2 a ~m ~~~E cN L°'o R mK NC ~~v O Z David Tonez Rezoning 33 C. TENTATIVE DEVEL4PIVIENT PLAN ' As demonstrated in the Inventory and Analysis section of this document, the project site is not constrained by existing topography, vegetation, visual resources or neighboring land uses. The proposal will be further refined through the development plan submittal and review process with the Town of Marano. Refer to Exhibit H.C. Tentative Developme~rt Plan (TDP) for an illustration of the project proposal. ' D. EXISTING LAND iTSES 1. Zoning Boundaries The project site encompasses 11.35$ acres and is currently vacant. The project proposal consists of rezoning the site from C (Large Lot Commercial) to C(} {Commercial/C)ffice} in order to permit the anticipated developmem. Exhibit II.I3 illustrates the proposed rezoning boundary and adjacent land uses. ' 2. Assessment o, f'I~act ©n ~aciisiin Land fTses g ' The project site is ideal for the proposed Professional Office development. It is located less than a mile from Cortaro Road and is situated directly across Silverbell Road from the Northwest Hospital Urgent Care facility. ' The site borders future commercial uses ~ the south and east vet ho ital that is similar in ( e~~y sP ) intensity. Surrounding developments currently experience limited views of significant mountain ranges; therefore, it is not exP~ that development of this -site will diminish any enjoyment of such views. ' There are existing single-family residential homes in close proximity to the project site. Ample screening and vegetative buffering grill be provided between the uses. ' The proposed Professional gffice Building will be limited to one story {l8-feet maximum) and will generate very low traffic volumes. u u u David Torrez Rezoning 34 r rr rr rr rr r^ rr rr rr rr r r ^r r r~ rr rr rr r €~-ga ~° ~ ~a 1 ~~ rQ'v ~~ I ~ \\\\ m 3 D ~ D -D Ul GD W r ~ a ~? I I \\\\ ~ D n D C~ D ~~~° ~ O f ~ W I I \ \ \ \ X (~ ~ (-7 ~7 -i ~ O j \\\\ ~ 3 O .-~ O O Z Z N m (f~ p~ Q7 < C7 C7 m O „ co r- m r- ~ m =_ ~ ~l (TI fTl -0 ~ C CD C ~ momo ~o~° ccn ' ~7 C X X ~7 ~J D C D r m<mc c~<o~ m O ~ ~ ~--~ O O Z O Z ° ~o~z m~~cWri ~ C (n (~ ~ ~ O G7 O z ~ m ~ m D ~ O ~J -I ~ O O Cn Cn o z°• z°= m m~ D m fTl Z Z f~l fTl D fTl D ~' m N~~ N D m ~ O ~ O C~ O O ~ -I ~ c~ ~ m cn a cn m ~ m o~ m ~ °~CD (9N C~J fTl -I Z Z f~l I--I Q7 (-l D °rn m m cmn cn ~ ~ ~ fTl O O --i O C T\ ~ o o cn ° D m c~ m m m m~ m m .-~ ~ ~' `f' r-- ~J -I ZJ ~ z ~ ~l C D ~ ~-, o O 7J ZJ I--I f ~ Z '-" O O O T\ fTl ~ m m m ~ C C z C D z Z ~--I -~ 0 0 ~ z m ~ m -~, ZJ -i f~l (n m m z m ~ ~ ~ -~ ~ ~ m z m n z ~ -~ _ ~ o ~ j z ~ m ~~° ~~~~~ ~7b ~~`~~ gb .~a 29~ ~d~~ Nor ~a1 W ~~ °mz ^ mr,.ioN ~ J _~~~, C" ) D ~, ~m y Y~: LJ rn ~ p ~ ~..............i ~ o ? f""'"~".~1 m a ~ ;n: GD =, N .C o .~....'..~.~ ~ ~ ~ .mss ~~o ~ rn~~ '~' ~ ~ ~ ~ ~ a .,,~, rn ~1 ~ ~m O O ~ C r m O ~ ~~ ~7 _ ~ O ~--~ o T __ f'rl ]~ cn m ~OJ~N C O O O ~'-~ _ Z z r ~ m D O O ~ __ D D ~ O .-, ~ ~lNn~7 ~ ~ 0 O m ~~3 m m3 (n ~ D c= m ~ ~ -< O ~ O z Cl .T~-. W (") D m~ ~ m O ~ ~ N N -i 3 ~' Q1 m o Z< C N x z ,~ ~--~ m -i ~ ~ 3 ~ C C7 m D D W z 7 m O ~ rmm o r r m m r r, i sp m m rc--~x -~ D ~~ 3 O Ul ~~ W D Cn ~ ~amm zmo osm ma cn m SF(n omm ~~~ cow. rxo <o ~ ~o~m m m m o ~" ~~~ D m N -G -I O m N D Ul n (~ m ~~ / ,/ ,,~,~ / co j r .n a ~ C71 m N m ~ (T1 ~ W D n m m -r.x n o omz =m--i ~ ~ < ~ N D O ~7 3 m° cDi~m o ~ zo ~ ,° om-Im =xm ~~~ /~~ ~ 83.93' / - I ~ K / / / . , -~ ~ 12 O / mm ~ 0 0 I n 0 I~cn~ '~7 ~~ ~ . rno IT' o ~ ~ .~ i o~ m m o ~ / ~ { N 80'37'14" W jl D -P ~ r n N m ~ r I c~ ; I L 2 o -__ I Z C1 r_'~ __ i C7 I D I ~ I I Im ~W I -- ;c ~ m I `------ ~ ~ ----~ m x N m 3 r= O m<mxcn o <m-i m m 3 , ~~ ro c D W o < x m m mmo raoc m n m cn m z~m z z ~ ~--~ m o20 2 D ~ r CO m a7' i~ ~~~~ m ,r ~ (Jl W D o~ `gym om~ ~~ N D o~ z o m 3 m m , cam o,~ , ~p N ` s ~n 'S ~\ V~ ~ ~ D '~ C`, N C11 n 0 A`~ }' 9 ~ W "' ~ A r\~ ~ (~/ N ~~ ^ ti ~ ~ o ~o ~, G ~ m ~ D C"7 ~ Z o o \ ^ `~~` m ~~~, n ;' ., N D ~ ~ om ~~ z m m ~ ~~ ~~ N N ~ N X ~ n Wo ,,,~, 0 ~m m A 0 Z ~ N O (7 m Z o-~ ~~- m < ~ o i~ ~~ LJ Exhibit II.D: Zoning & Specific Plan Boundaries i -•~- i ~~.i4Y--rte... _~_.... -....# ~. r ~~ l t' ~ ~~ ~ ~ ~~ ~ ~ ~.~. cA `I ay cRi ~~ - r ~ ~. t:.~-~ :_-, ~~ _ -~ r - _ , . - ~' t 0 "~ ~ d ~ `---~.~ ~ . ~ v a :" to ~ - ~ - J ~, c 'y ~ ~ ~ ~ ~ c r_ - _ ~ +.« ~ . ~ U q7 ~3' ~ ~ _^ c_ U a. ~ ca _ ~. a ~,~_, f'~ c ~' c~ ~ ~ Q ~ E ~ O ~ ~ ~ ~r~ a c ~~ m ' ~ .~ 6:. ~ $ o -~~ arm ~ o a~~ c ~, a ~m~ a a •~ +~+ o E ; °' t N v v ~ ~y~ ~~~ . ar \ { L ~ ~; ~ ~ ~ ~~~ N ~ ~ V .~ 1 R r14 4 _ 3 ~ ,' i C m ~ 7 a ~ ~ c . C C T ~C d r ~ ~l W -, > ~, u ~, ~ v EEE <, f_~ _ O ~o~~o q/~ w•' ~~I ~"~ `. ~ G M N p N v ~V~N N ~_ C 3 ~ ~ ~ r~ \ ~ F \ '~` ~~~ :li~ N~mE m p Gm ,7 "a ~\ ; F 3 r a.N m5 y ~ rxe ~- - ~,/ / v ~~ -. h N ~.L.. ii vTm d ~ m p G Z~ Hv David Torrez Rezoning 36 i~ E. TOPOGRAPHY ' 1. 7'DP Responses to Existing Popographie Characteristics The project site is relatively flat; consequently, there are no topographic features affecting or preventing the proposed development. 2. Encroachment onto Slopes IS Percent or Greater There are no slopes 15 percent or greater. 3. New Average Cross-Slope Since the project is relatively flat, calculating apast-development cross-slope average may not be ' necessary. ' F. HYDROLOGY ' 1. 7DP Responses to Existing Hydrological Characteristics The TDP for this site will discharge on-site flows m a manner sYmtIar to the pre-development conditions. ' In order to accomplish this, a retention basin or underground rete~rton system will be required. The storage volume required must meet the Town. of l~ara's Deveiopme Requirements. The basin requirements will be developed dunng the developme~rt piann~ng process. ' 2. Encroachment/o~i~tcaon ~~Druin~zge Prns The existing flow will be conveyed. across the project site or will be accommodated by the appropriate ' drainage facilities so that there will not be signiflcartt encroachment. The improvements will not modify the existing drainage patterns. 3. Potential Drainage i<mrct to GSite band Zlses ' The existing drainage pattern for the project site will be maintained in the developed phase, with grading toward the northeast corner of the site. ' 4. Engineering and Design Features The building finished floor elevation should be set at an elevation one foot higher than the design high 1 water surface elevation provided in the retention basin. David Torrez Rezoning 37 S. Conformance with ~4pplicable Plana The Tentative Development Plan drainage improvements will be provided in accordance with the Town of Marano Floodplain Ordinance. G. VEGETATION AND WII.DLIFE 1. TDP Responses to Existing Vegetative Characteristics The site is relatively barren apart from patches of desert scrub. The project site will be mass graded; however, existing plant materials will be evaluated, and all viable vegetation will either be preserved in place or transplanted on site into landscaping islands or buffer yards. 2. TDP Response to the Dative Plant Qrea~irtarcce and ~Iabitat Disturbance The project site is largely barren and, fog- the most part, lacking in quality vegetation. As a result, no protected or endangered wildlife species appear to exist on three project site. Most of the project site was .previously graded; however, the project will coanply with the native plairt preservation requirements of Title 17 of the Marano band Development Code_ H. BUFFERS - As depicted in Exhibit II.C~ Te~atative Development Plan, landscapntg will be provided along the perimeter boundaries of the project. There will be a ~fl-foot landscape buffer adjacent to the right-of- way of Silverbell Road in order to often the visual appearance of the proposed building. Also, a 15- foot landscape buffer along the north property boundary, a ~6-foot landscape buffer along both the east and south property boundaries, and a 15 foot landscape bulTer along the west side boundary will be provided. ' I. VIEWSHEDS 1. Mitigation of Impacts to Views and Vistas from fl,,~.Site The project site will be designed with vegetative buffer yards which will enhance the views onto the site from off-site locations. The proposed building will have sufficient setbacks from existing developments and will be limited to commercial-scale single-stogy heights, thus minimizing the impacts to distant vistas. 2. Mitigation of Impacts to .Areas o~~Iigh Visibility ' The site is highly visible from the south and west; therefore, attention will be given to the architectural design of the building, and. landscaping will be a promine~ feature of this development. The David Torrez Rezoning 38 u architecture will comply with the Silverbell (3verlay District and. the Town's Commercial Design Standards and the proposed building will be limited to one-story (maximum height 18-feet). ' J. TRAFFIC 1. Provide a traffic analysis report to include: ' a. The proposed internal circulation and access to/from arterial street, explaining location and rationale for placement. Access to the ro sed deveio meat will be via a sin a site access drivewa located alon P l~ P ~ Y g the east side of Silverbell Road. The site a+c~eess driveway will be 25-feet wide with curb returns (40-foot radii} per the Town's requirements. The site access driveway will be a NB right-m, right-out dnveway_ The north edge of pavement of the driveway will be located 180.5-feet from the south edge of pavement of Somerton Drive. Based on site geometry, building setback requirements, and parking recluiremerns, the proposed driveway has been located within the center of the west side property line. This location is as far south as feasible given the zoning and development constraints. b. Arty future off site road in~rpr°ovemerrts re~uir-ed and projected time frames. There are no off-site roadway improvements required or proposed. ' c. Projected ADT for internal circarlatiort systems at l~r~lrl-out level of service to all streets. Include a projection of ira~ic volumes aril cc~acity alysis for intersections The proposed development is expected to generate 28 daily trips (4 and 4 vehicles per hour during the morning and evening peak hours, respectively}. Based on the layout of the proposed site, all of the site generated trips are expected to originate and terminate along the ' Silverbell Road corridor and will use the proposed site access driveway to access the commercial development. Due to the low volume of right turning vehicles, a right turn .lane is not required along Silverbell Road at the site access driveway. Also, due to the early low number of daily trips and AM and PM Peak Hour trips (28 daily trips and 4 AM and 4 PM Peak Hour trips) expected from the proposed development, there will be no impact to the existing Silverbell Road/Somerton Drive intersection. d. Impact to existing development` abutting o,=site streets Due to the low number of trips generated by the developme~, no impacts to existing development abutting off-site streets is anticipated. e. Capacity analyses for proposed internal crud a~`site streets, inchuling right-of-way and pavement widths, geometries, design speeds and traffic eorrtrol improvements needed. David Torrez Rezoning 1 39 ~~ I~ _~ Since there aze no impacts anticipated to off site streets due to the low number of daily trips, no capacity analyses were performed. f. A description of improvements required for those streets described in sub paragraph "e " above. Not applicable, since there aze no impacts anticipated due to the low number of daily trips. g. The party/agency wham the applicant believes to be responsible for making necessary improvements There are no necessary improvements to off-site streets_ 2. A description of or~site street rights-o_ f=way, including typicarl roadway sections, and indicate proposed ownership. There are no on-site streets, only a private driveway_ The typical section is 25-feet wide, two lanes, asphalt paving, with a single ~-foot wide sidewalk along the north side of the driveway Property ownership is by David Torrez {applicant). 3. A description of arty proposed Tricycle and pedestrian pathways within the development and indicate whether they are connected to external pathways, arterial streets, parks and schools. There aze no bicycle pathways within the promised development_ A single sidewalk along the north side of the proposed driveway will conn~ the development to the existing pedestrian sidewalk along the east side of Silverbeli Road K. PUBLIC UTILITIES 1. Sewer ' According to the Pima Courny Wastewater Department, capacity will be available for this development in the existing 8-inch public sewer (G-x-451) within Silverbell Road (See Exhibit II.J.1: Wastewater Capacity Letter). The project site is trib~ttazy to the Ina Road Witter Pollution Control Facility ' (IRWPCF) with which capacity is available. 2. ~Yater The Town of Marana Water Departme~rt will be the water service rovider for this roject. The State of P P Arizona Department of Water Resources has designated the Tawas of lt~arana Water Department as having an assured water supply (See Exhibit It.R_2: Statement of Water Service Provision and Availability}_ The developer will be responsible for the extension or modification of existing facilities in order to serve this project. David Torrez Rezoning 40 3. Gas Southwest Gas Corporation has existing facilities in the Silverbell Road right-of--way and will provide natural gas to the project site. 4. Electric The project site will be served by Tucson Electric Power. S. Telephone The project site will be served by Qwest Communications. David Torrez Rezoning 41 0 I~ E~tibit II.K.1: Wastewater Capacity Letter David Torrez Rezoning 42 iJ 0 Exhibit II.K.2: Statement of Water Service Provision and Availability David Torrez Rezoning 43 Exhibit ILK.2 (coiet'd.}: Statement of Water Service Provision and Availability ~~ ~i 1 i i David Torrez Rezoning 44 L. PUBLIC SERVICE IMPACTS Because the proposed project is located in an area. already surrounded by commercial and residential ' developments served by police, fire and sanitary pick-up, there is no expected negative impact to public services. 1. Police The project site is within the Town of Marana's police jurisdiction_ The Town of Marana Police ' Headquarters is located approximately nine miles northwest of the project site at 11555 West Civic Center Drive. t 2. Fire The project site is within the Northwest Fire District. The nearest fire statioq Northwest Fire Station #34, is located approximately one-quarter mile south ofthe project site at 8165 N. Wade Road. The proposed building shall incorporate additional protection to include sprinklers and shall meet the current fire code at the time of construction. 3. Sanitary Pickup Sanitary pick-up will be provided through a contract with a private garbage collection service. 4. Schools and Parks No impacts to either schools or parks are anticipated. M. RECREATION & TRAILS As the proposed rezoning of the subject property is solely intended for commercial development, ' recreation amenities will not be offered within the development and existing off-site amenities will not be affected. A single sidewalk from the proposed improvements will tie into the existing Silverbell Road sidewalk system, part of Trait #152 (Silverbell Road). N. CULTURAL, ARCHAEOLOGICAL ANI} HISTORIC RESOURCES t Anew cultural resources survey will be conducted on the project site prior to development plan submittal. The resulting report will contain recommendarions for treatment of site AZ AA:12:1045(ASM) and will be submitted to the Town of Marana Cultural Resources Manager for review. In the event cultural remains, including human or f~urerary remains, are discovered on-site, all ground- disturbing activities shall cease, and the Arizona State Museum shall be notified immediately (per Arizona Revised Statutes §41-844 and §41-865j. David Torrez Rezoning 1 45 1 Bibliography Aerial Photographs, Pima Association of Governments, 2005. Federal Emergency Management Agency (FEMA) MapGuide, Pima County Department of Transportation Marana General Plan, 2002. Marana Land Development Code, revised 1989. Mathieu Engineering Corporation, Traffic Impact Study, DATE. Pima County DOT Geographical Information Services, 200b. Sonoran Desert Conservation Plan Interactive MapGuide_ Town of Marana Park System Master Plan.1 Trail System {Figure 3-A, McGann & Associates). Traffic Volumes in Metropolitan Tucson and Eastern Pima County, 2005. David Torrez Rezoning 46 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, November 18, 2008, 7:00:00 PM Toc Mayor and Council Item A 4 From: Kevin Kish, AICP ,Planning Director Subject: Ordinance No. 2008.24: Relating to Development; approving and authorizing a rezoning for the Marana Main Street Specific Plan Discussion: Summary of A~lication The Town of Marana, acting on behalf of the property owners, is requesting approval for rezoning approximately 28 acres of land to develop a master planned development of multi-story buildings that integrates street front retail, services, entertainment, hospitality, office, and upper floor residential uses. The development is planned to be compact and pedestrian oriented, effectively connecting the 5andano business district, Barrios de Marana, the Marana Municipal Complex, Northwest Fire Station and the proposed Marana Health Center. The property is generally located south of Marana Road, along the Frontage Road, and east of Sandario Road. Approval of this rezoning would change the subject area to "F" Specific Plan and adopt the Marana Main Street Specific Plan. The Marana Main Street Specific Plan. is located within the Single Central Business District (CBD). The CBD is a geographic designation, approved and authorized by Resolution 2008- 60. The CBD is intended to be the commercial and social core of the community and is expected to include multiple mixed use developments with neighborhood shopping, dining, entertainment, and residences. The Marana Main Street Specific Plan will be an integral part of the Single Central Business District. Rezoning Request The majority of this property, 25.87 acres, was rezoned from "A" (Small Lot) to "VC" (Village Commercial) by Ordinance 2001.24 approved on December 18, 2001. This request is for rezoning four parcels totaling 28.05 acres to build a mixed use development that includes a range of retail, commercial, and residential uses. Approval of this proposed rezoning would recommend to the Town Council rezoning the subject area from "A" (Small Lot) and "VC" (Village Commercial) to "F" (Specific Plan) to create the Marana Main Street Specific Plan. The purpose of "F" zoning is to provide functionality and creativity in site planning and design that the developer cannot achieve. with conventional zoning.. • General Plan The Marana General Plan designates the entire project site as within the Town Center Planning Area (TCPA). The TCPA is intended to be a focal point of public and private commerce Regular Council Meeting -November 18, 2008 -Page 140 of 164 • surrounded by medium and high density residential neighborhoods with strategically located community facilities. Pedestrian oriented circulation patterns will be an important aspect of every development in this area. Schools, retail shops, offices and employment centers, recreation areas, public plazas, and a variety of other amenities will serve to establish this area. Adoption of this Specific Plan will serve as a minor amendment to the .Marana General Plan, changing its land use designation from "TCPA" (Town Center Planning Area) to "F" (Master Planning Area). This Specific Plan will meet the goals of the Marana General Plan by creating a unique mixed- use development within walking distance of existing and proposed businesses, existing residences, the Marana Municipal Complex, and the proposed Marana Health Center. The location is ideally positioned to take advantage of regional trade and logistic opportunities along Interstate 10. The mixed-use/commercial type of land use pattern is in keeping with the goals and vision of the Marana General Plan and will fulfill policies outlined in that plan. Land Use The single land use designation for the entire Marana Main Street Specific Plan is Marana Main Street District. The Land Use Concept (Exhibit II.F.2 in the Specific Plan) is an illustrative depiction of the proposed development within the Marana Main Street Specific Plan. The plan includes commercial development with hotels and a large retail store in the northeast area of the site, both uses strategically located along I-10 to draw freeway travelers. Community oriented commercial development is proposed in the south and southwest areas of the plan. New retail stores and restaurants will complement the nearby existing businesses along Sandario Road and help to revitalize this important Sandario Road community. Street level retail and upper level • office or residential uses will bring home the shop/work/play environment needed in this area. Improvements to Sandario Road and buffering techniques will be utilized to beautify this area and increase its viability. Building mass and building intensity is highest adjacent to Interstate 10, transitioning to progressively lower intensities as the development extends south and southwest. A large, free standing building and hospitality uses are planned for the northeastern edge of the development adjacent to the interstate. Multi-story buildings with retail shops, restaurants and commercial services at the street level and offices or residences above will be located on Sandario Road and along either side of Marana Main Street. These streets will be characterized by wide sidewalks with retail/commercial buildings built at the sidewalk edge. A bank with adrive-through teller may be located on Sandario Road near Marana Main Street. Pedestrian connections largely in the form of sidewalks will provide convenient access to all areas of the project, Sandario Road, and Marana Vista to the south. Plazas and public open spaces are envisioned among the commercial and restaurant uses at street-level to encourage extended pedestrian .activity and community gatherings along Marana Main Street. Traffic Circulation The developer is required to develop a new road (Marana Main Street) from Sandario Road to the proposed Barrios de Marana Specific Plan to the southeast. Marana Main Street will bisect the development and provide internal access to the project and to Barrios de Marana. Access to Frontage Road is also proposed. Marana Main Street will serve as the primary entrance into the project. Internal access lanes lead from Marana Main Street to serve the development. Location of these access points and the internal circulation pattern separates the freeway oriented development on • the north from the community development to the south. The Frontage Road access may facilitate access to the freeway, but will be dependent upon the ultimate resolution of Frontage Road by the Arizona Department of Transportation (ADOT) and the Town of Marana. Regular Council Meeting -November 18, 2008 -Page 141 of 164 A detailed traffic analysis will be provided to the Town of Marana at the time of development plan review to address capacity levels of service, more precise estimates of average daily trips (ADTs), and improvements needed for specific uses. The traffic analysis will also address the proposed access impacts on the existing developments surrounding the site, capacity analysis for the proposed off site streets, and a description of the improvements required for this project. Road Improvements Onsite circulation and access is provided from an extension of Marana Main Street from Sandario Road through the site in a southeasterly direction to Barrios de Marana. The Developer will be required to dedicate and build the 90 foot right-of-way for Marana Main Street in addition to other roadway improvements that may be called for in the detailed traffic analysis. Open Space, Recreation and Trails Pedestrian paths and sidewalks will. connect all uses and areas within the Marana Main Street Specific Plan as alternatives to vehicular circulation. Public plazas and spaces will be easily accessed within the entire area. Regularly spaced breaks between buildings on Marana Main Street will be provided to encourage pedestrian activity. Connections to areas beyond the Specific Plan have also been incorporated into the project design, including sidewalks at Sandario Road, Denny Road, and to the east along Frontage Road. The Marana Main Street Specific Plan landscape concept will complement the adjacent Barrios de Marana Specific Plan to promote a seamless community theme rather than separate developments. Street lighting and landscaping will conform to existing Marana Main Street improvements and will be used to complement the design and use of space. Landscaping will provide shade and enhance the built environment with the use of planters and colorful seasonal • accents. Sanitary Sewer and Water All buildings are proposed to be served by extending the existing sanitary sewer system. The Developer will prepare, at the Developer's sole expense, a Sewer Master Plan for the property. The Sewer Master Plan will define the necessary wastewater conveyance scheme to connect to the existing sanitary sewer system and identify the necessary on-site conveyance scheme to provide sewer service to all buildings. The Developer will prepare a Water Master Plan for the property and enter into a Water Service Agreement with the Marana Municipal Water Company (MMWC). This agreement will address potable and non-potable systems that set forth various agreements for the interconnections and main extensions from the existing water system, and the development, construction, dedication, ownership, and design of the water system. MMWC will own the potable and non-potable water systems, provide potable water service to the property, and either MMWC or another water provider will supply non-potable water service to the property. The water will be provided through the non-potable water system constructed by the Developer and dedicated to MMWC. The Water Service Agreement must be in place prior to the approval of the Master Water Plan. Development and Design Standards Section III of the Marana Main Street Specific Plan, Development Standards, provides the regulatory requirements for the proposed specific plan. These regulations establish site development standards for permitted uses, building setbacks and heights, landscaping, and other aspects of planning. and design within the project area. This section also includes site and building design standards for streets, site planning, building design, landscaping, and lighting for the specific plan. The project will also include a heritage • .marker commemorating the cotton production and processing that occurred on this site. These standards meet or exceed the Commercial Design Standards adopted by the Town in 2006. Regular Council Meeting -November 18, 2008 -Page 142 of 164 • Benefit Areas The project is located within the Town's Northwest Marana Transportation, Lower Santa Cruz River Levee, and Marana Park Benefit Areas and shall be subject to impact fees current at the time of platting or development plan approval. The developer has agreed to provide a voluntary contribution per residential unit to mitigate the effects of the proposed development on the Marana Unified School District. Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners of properties within 300 feet of the site. No comments have been received as of the date of this report. ATTACHMENTS: Name: ^ Ordinance 2008.24 Marana Main Street Specific Plan 11-18-08.doc ^ Le~a_IDesc~tion Exhibit ~i ~pdf ^ Novus Spec Plan Document Note.doc Description: Ordinance Type: Ordinance Exhibit Backup Material Backup Material Legal Description Location of Specific Plan Documenf ^ Marana Main_Street A lication - Locaion_ma~.pd_f Application and Location Map ~~ Staff Recommendation: • Staff recommends approval of the Marana Main Street Specific Plan subject to the recommended 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. Any preliminary plat or development plan. shall be in general conformance with the Land Use Concept of the Marana Main Street Specific Plan. 3. This project is located within the Northwest Marana Transportation, Lower Santa Cruz River Levee, and Marana Park Benefit Areas, and will be subject to those fees at time of permitting. 4. The property owner shall. not cause any lot-split of any kind without the written consent of the Town of Marana. 5. 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. 6. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for • Marana Main Street. 7. A master drainage study must be submitted by the Developer and accepted by the Town Regular Council Meeting -November 18, 2008 -Page 143 of 164 • prior to approval of any preliminary plat or development plan. 8. Potential buyers shall be notified that some or all of the property in this rezoning may be subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 9. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 10. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 1 1. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 12. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of any preliminary plat or development plan. 13. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights • appurtenant to said land. 14. To ensure that the historical heritage of the site is remembered, in the first phase of this development the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. 15. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addirion to those requirements listed in the Land Development Code and Specific Plan. Commission Recommendation - if applicable: A public hearing for this case was held during the October 22, 2008 Planning Commission meeting. During this meeting, no property owners or concerned citizens appeared before the Commission. The Planning Commission voted unanimously to recommend approval to the Town Council Suggested Motion: I move to approve Ordinance No. 2008.24 adopting the Marana Main Street, Specific Plan with conditions. • Regular Council Meeting -November 18, 2008 -Page 144 of 164 • MARANA ORDINANCE N0.2008.24 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR THE MARANA MAIN STREET SPECIFIC PLAN WHEREAS, the Town of Marana is representing the property owners of approximately 28 acres of land located within the southwest quarter of Section. 22, Township 11 South, Range 11 East, as described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held a public hearing on October 22, 2008, and at said meeting voted 6-0 to recommend 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 November 18, 2008, and has • determined that the rezoning should be approved and meets the criteria for a minor amendment to the General Plan, changing the land use designation from "TCPA" (Town Center Planning Area) to "MPA" (Master Planning Area), and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 28 acres of land located within the southwest quarter of Section 21, Township 11 South, Range 11 East, south of Marana Road, from I-10 west to Sandario Road and south to Denny Road (the "Property"), changing the land use designation from "TCPA" (Town Center Planning Area) to "MPA" (Master Planning Area). Section 2. The zoning of the Property is hereby changed from Zone "A" (Small Lot) and "VC" (Village Commercial) to "F" (Specific Plan) creating the Marana Main Street Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Property for a master planned community of multi-story buildings that integrates street front retail, services, entertainment, hospitality, office, and upper floor residential uses, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all 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. Any preliminary plat or development plan. shall be in general conformance with the Land Use Concept of the Marana Main Street Specific Plan. Mazana Ordinance No. 2008.24 Regular Council Meeting -November 18, 2008 -Page 145 of 164Page 1 Of 3 • 3. This project is located within the Northwest Marana Transportation, Lower Santa Cruz River Levee, and. Marana Park Benefit Areas, .and will be subject to those fees at time of permitting. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. 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. 6. The Developer shall dedicate, or cause to have dedicated, the necessary rights-of--way for Marana Main Street. 7. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 8. Potential buyers shall be notified that some or all of the property in this rezoning may be subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 9. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any . preliminary plat or development plan. 10. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 11. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities; as accepted by the Town of Marana. 12. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of any preliminary plat or development plan. 13. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 14. To ensure that the historical heritage of the site is remembered, in the first phase of this development the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. 15. An annual report shall be submitted within 30 days of the anniversary of the Town Council's • approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. Mazana Ordinance No. 2008.24 Regular Council Meeting -November 18, 2008 -Page 146 of 164Page Z Of 3 • Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2008.24. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: • Frank Cassidy, Town Attorney • Mazana Ordinance No. 2008.24 Regular Council Meeting -November 18, 2008 -Page 147 of 164Page 3 Of 3 EXHIBIT A • LEGAL DESCRIPTIONS LEGAL DESCRIPTION MARAFdA 25 ARIZONA, TILE PARCEL-1 That portion of the Southwest Quarter {SW 114} of Section 22, Township 11 So~~th, Range 11 E=ast, Gila and Safi River lVieridian, Town of Narana, Pima County, Arizona, described as follows: COMMEI<~CI~G at the West Quarter corner of said Section 22; September 5, 2007 _ VVLB No. 107D12-A002-1003Y. ,~ W;ILEGALS1107D151Arizona Tiles.doc ~,~ THWf~eE N 89°2D'39" E, along the West-East mid section line a distance of 232.75 feet to a point on the Westerly right-of-way line of lnferstate 1D; Tt ~E~CE S 58°17'28" E, along said .right-of-way line a distance of 746.51 feet to the PQ8~1 T 0s= ~EGIIV~III~4Q==. TH=fvCi= S 31°42'32" W, 434.00 feet; TF-IENCE S 57°30'12" E, 394.82 feet; TH`~ICE S 79°09'02" E, 81.22 feet; TIiE~ICE N QO°16'03" W, 40.10 feet; Tl-~ENCE N 89°1 D"47" )_, 225.33 feet; THENCE N OD°16'16" W, 301.01 feet to a point on the Westerly right-of-v~ray fine of said Interstate-10; T I-If/~ICE N 58°17'28" W, along said right-of-way line a distance of 4$0.00 feat to the POI~aT O~ BEGII"dl'`Itf~G. CONTAINING 5.42 acres of land, r;7ore or le s. Prepared by: L ! THE WL8 GROUP, (NC. ,~ ~ ~\ 12214 JACY. A. BUCHANAN • Jack A. Buchanan RLS .f JAB: mo ^ Rr'`r~CNED , c 1" Regular Council Meeting -November 18, 2008 -Page 148 of 164 PAGE i OF S Page 1 of 1 • C Regular Council Meeting -November 18, 2008 -Page 149 of 164 O tit 11 1 4 Nm O !--'SCE ~ ~v 0 U' ~ :' } "~i ~ '~! ~~~ ~ ~~ ~ ~~ ~~~ ~~ ~ O '",+ n2 v' ~ O o _ ~ ~ ~ x M O Q ~ ~ ~ N O ~ O a I ~ ~ ~ ~ O N ~ _ O `- Y ~$ d Z X U~ (U ~ O Q [\ Q ~ J , PAGE 2 OF 8 ~" • ~~~IIff~ 1~~ ~~i'r.ll fnc. LEGAL t3ESCRiPTi©E~ MARANA 25 PARCEL 2 August 28, 2007 WLB loo. ~ D7D12-A002-1003Y. W:ILEGALS11070151Parcel 2.doc That poriion of the Southwest Quarter (SW 1/4) of Section 22, a ownship 11 South, Range 11 East, Gila and Salt River Neridian, Tovvn of Marana, Pima County, Arizona, described as foilovvs: GOM#t/;E~iCat~G at the West Quarter corner of said Section 22; THEi~9CE I~~ 89°20'39" E, along the West-l=ast mid section line a distance of 232,75 feet to a point on the Westerly right-of way line of interstate 10; i HENCE S v8°17'28" E: along said right-of-way line a distance of 85.25 feet to the f?~Ol~€ T ®E SEG9~~I1!~lG. • TFiEI~CE S 15°25'37" W, 269.21 feet; T I-3Ef~CE S 89°39'17" Vt~, 2(14.41 feet to a point on the East right-of-vvay line of Sandario Road; T I vEP~CE S Cl0°9 5'56" E, along said line a distance of 50.00 feet; TI-fEf~CE PJ 83°31'17" E, 754.72 feet to a point on the Westerly right-of-vray line of Interstate 10; Tf~Ef~CE i`J 58°17'28" W, along said right-of-way line a distance of 565.L4 r'eet to the POIPbT ®F BEGl~f1gE@E~G. CONTAlPJ1NG 218 acres of land, more or less. Prepared by: THE WLB GROUP, 1NC. Jack A. Buchanan, RLS JAB: mo • Regular Council Meeting -November 18, 2008 -Page 150 of 164 Page 1 of 9 PAGE 3 4F 8 • • Q I Q hrT. ~~ ~ Y j ~ t ' ! I 1 I {{ 1 i r - i1. ~~ ~_1 ~ a r I----~iC.:J ~ "'~~ (~'y~'1 C"-- O ~,jCy~ ____~_~______ >.y rr, ``1~''pp ~ ~v 1 ~~ ,~ ~~ ~ ~ N ~ w ~~~ ~~ ~,~,~~ ~ c~ ~ ~ ~ e~'z~- -- ~--- ~., ti ~~~~ ~ -_--__ ~,,, s~ : t w ~ ~ ~`~~ ---- ~, ", =--- ~°-~ ~ `~ v _M ~ ~ ~ --w ~~ ^~ ~_ ~ ~ ~ o -- ~ ~~~ 4~ ~ 1~~ ~ Q h~~, w N 2~ ~ 1 , ~ ~ cn ~ ~ o f ~. P u ~ ~ ~ rC"t .. ~ a„i ~ 'G ~ ~ _o .1Z-l9z ! ---- ~ ~ Q X r~ O O I c~€ a' a ~ SA~DA~IO .GOAD ~-__~__~___ Q p U _ ~ ~-~~ n `- r 3 ~~ ~ O q ~ ~ ~E ~ `~°~ ~ E O• ~ f ~ ~ ~ _~ ~ ~ ~ ~ Z x ~'~"_"'_\ I i U ~ {j') O ~ {` O ~j m ~ . y G PAGE 4 ~F B • August 28, 2007 WLi3 Rio. 107012-A002-1003>: L~ W:ILEGALS11070151Parcel3.dae °. u ®C.~ '"°. LEGAL DESCRiPTfON MAR~,NA 25 PARCEL 3 That portion of the Southwest Qdarter (SW 1/4) of Section 22, Township 11 South, Range 11 East, Gila and Salt Rider ~lferidian, Town of Martina, Puna County, Arizona, described as foliows: COf~~MEN~:,iNC~ et the West Quar#er comer of said Section 22; THEf~Ciw fJ 89°20'39" E, along the West-East raid section line a distance o. 232.75 feet to a point on the West~riy right-of-way Line of [nterstate 10; T HENCE S 58°17'28" E, along said right-of-way iine a distance of 650.fi9 feet to the 1~09t~i T C1t AEG-E~ft~~NC. • TFiI=NCE continue S 58°17'28" E, aiong said right-af-way line a distance of 95.82 feet; TF~EE~fCE 5 31°42'32" W, 434.00 feet; Road; THENCE. N 55°47'58" W, 735.24 feet to a point on the East right-of-way iine of Sandario TFii=NC)= N 89°31'17" E, 754.72 feet a point on the Westerly right-ot-way line of seid interstate '!0, being the €~Q1Rii ©F SEG1'NN[NG. CONTAffVfNG 4.1'0 acres of land, more or less. Prepared by: THE WLB Gi?OUP, IfVC. ~~ ~ do y 12214 JACK A. BUCNANAN Jack A. Buchanan, RLS ~S,~~p~ JAB: mo '~,2o„Q u • Regular Council Meeting -November 18, 2008 -Page 152 of 164 PAGE 5 QF 8 Page 1 of 1 0 ti "-i Q ~ ~U~ ~~ ~s rr~ "1 Q nn~, ~ `L w ~~ ~ ~o ~ ~~ ~~ ~ ~ W X O Q d o N it I ~- vm ~ ~J O F--r~C3 0 Q CV LO O Q v O L~ N ~' O 3 O Z7 Q ~ cv _-- U O 4J n L o ~ Q o ~ ~ x U~ ~ ~ so O LLt~ PAGE 6 CAF 8 ., .~ September 5, 2fl07 WLB No_ 107012-A002-1003>< W:ILEGALS11070151Parcel 4.doc '"` LEGAL DESCRIPTION MAP.ANA 25 Tha# portion of the Southwest Quarter (SW 114) of~Section 22, Township 11 South, P.ange 11 East, Gila and Salt River Meridian, Town of IUlarar<a, Pima County, Arizona, described as follows: COINr~EPuCING at the Vb'est Quarter corner of said Section 22; ~~s ~~~~~ THENCE Ind 89°20`39" E, along the West-East mid section line a distance of 232.75 feet to a point on the VVester[y right-of-v/ayiine of Intersta#e 10; THEI~GE S 58° 17'28" E, along said right-of-way line a distance of 746.51 feet; THENCE S 31°42'32" W, 434.00 feet to the PAINT OF BEG@1~11IING; T~?EI:~CE S 57°30'12" E, 394.82 feet; THEhdCE S 79°09'02" E; $1.22 feet; THENCE S 00°18'03" E, 394.62 feet; TI`IENCE S 89°1558" W, 1017.93 feet to a paint on the East right-of-vray line of Sandario Road; THENCE N 00°15'Sfi" W, along said right-of-way Tine a distance of 1048.34 feet; THEhvCE S 55°47'57" E, 735.24 feet to the PDIN T Off- BEGIN€~II•~G; CONTAIN1NG16.35 acres of land, more or le s. Prepared by: THE WLB GROUP, INC.. .~R,. ya 12214- JACK A. BUCHANAN • Jacl: A. Buchanan, RLS ~S/CNED~ JAB. mo ~'~z°na U.% Regular Council Meeting -November 18, 2008 -Page 154 of 164 PAGE 7 OF 8 Page'( of 1 z z o_ F-- U L43 0 ~- w 1 i V / ; U F- ~ w 1 s , o: 0 !i I ~ , t !i _____-_T"'~___-__ I i i i _ Q.= i ~m 0 J ~~~ /~ ~ ~ ------ ,~,\ ~; `Y _ ~ c~, ------~_~------ ~~ ~ ~~ ~~~' _ ~ ~~ eC=~ F --° ~ ~ ~~ e V ~ t ' j' , ~ vJ~. ~ V OMi ~ ~ ~ C4 ^~ ~ ~ ~ ~ ,< n ~ M ~ O O 0 1048.34' ~ ~ ~ ti7~1 V+L~~ L1 V ~ O.c~1J ~---------- °Q -o -- -------° N ~-- ~ °----- O V N - ~ ~ -_ L i ~ ~ ii 0 a ' ~ I #` ra. ~ I ~ ~ !, ~ E ~~ i Z ~ f---------~ ~ ~ i Regular Council Meeting -November 18, 2008 -Page 155 of 164 ~, °o a r` PAGE 8 Cf 8 • The Marana Main Street. Specific Plan exhibits are on file and. available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays, at the office of the Town Clerk, 11555 West Civic Center Drive, Marana, AZ 85653. • • Regular Council Meeting -November 18, 2008 -Page 156 of 164 ~H~~1 y~ ~ .~~;:%~ ll'LANNING ~ F.:v`GINEERING APPLICATION I. TYPE OIi AI'PLIC4TION {Check One} 1 [~ Preliminary Piat ,Q Final Pla# ^ Genera] Plan Amendment ^V ariattce I3~evelopment Plan ~ SWPPP [] Landscape Plan ~ Native Plant Pert ~] Specific Plan Amcndtrtent ^ Conditional Use Permit ~} RezoneiSpccific Plan ] Annexation [] Sigtrit"icant band Use Change u Minor Land Division [] Water Plan Improvement Ptan~pecify h/.pe in Description of Project box*) ~] Other `~ `' 2.~GENERALDATA~R E~UIREll~ . rls~essor s Parcel 2I7-28-020E, 217-28-020i, General Plan l]esienation 1 TOWT€ CENTER i Nutnbcr~s) 2I7-28-020H, 217-28-020 jTo be confirmed by staffl ' PLANNII`iG AREA ~t!•oss Area (AcrelSq. Ft.) ?8.05 Acres. Current Zaning "A,' and "VC" (To be confirmed by staff) Deveiopment:~Projeci Name Martina Maim Street Specific Pan Proposed Zoning E Project location South ofMarana Road, along the Frontabe R~arl, and east~f Sandarit~ Road. Iescription of Project* 1~I~E13-LASE DEVELOPMENT Pr~p~rty O~;~n~r 3'~15IIE SEAI. BEACH LLC &. 8829 SOUTH PRIEST L.L~,'I~ElU1PE P.L 85284 Street .~ddre~s 45?2 IJ CAMP LOV+rELL DRIVE arty State Lip Code Phone Number P'ax Number E-Mail Address 'S©'~ AZ 85'~I2 ,intact Person I'haneNumberi E-traail CHRIS MQNSON Applicant -- TOWN OF MARANA Street Address 11555 W. CIVIC CENTER DRIVE City State Zip Code ~ Phone l~urrher Fax Number E-Mali Address h4ARANA AZ 85653 520-382-2GSI Contact Person Phone Number J 1r-mail Agent,'Representative - Stet Address City State Zip Code Phone Nurrber ` Fax Number E-Iv1a1 Address Contact Person Town of Mai~ana Business License No. °_ --- _ __ AUTHORIZATION OF PROPER'I`Y;04'VN1JR , _ _ __ 1 3. -- __ .~, _ , _~- __._ _ - nr. - - tEte un-lersirned, certtty that all of the facts set forth in this application are true to the Kest of m}~ knout le~iJe and that 1 a,ri .-ither the i , owner of the property or tliat I have been autf~orized in u~ritin<~ by the owner to file this application and checllisfi. (If not orvncr of record, attach written atrthorizati~n from the oxvncr.) Ps-ir~t Name of AnnSirantlAo~nf Signature ~ I?ate 11555 W. Civic tenter Drive, I31dg. A2^Marana, AL 85653-7003•Telephone {520) 382-2fitl0'Fax (52Q} .382-2641 ing - ovem er - age 7 of 164 i• i• -o ~--~ •, q~ ~" C i ~ ~ ~::i; ~,... _ >.~ ili .j i i -..._ ~ ~'~ -:i y • ~~ y i ,~. , ~ ~' ~i:%'..f~ /.~ , , i ~ PLAt~fttit#+tG ARfA (I'CP,~ T~,~~n C:enter ;T C) Rancho A4arana'~'Jest Lane Use Designatinn E 117 E 111 (.1a iofye I-kyrr~ F3ri~ RAN~F~ 1~9AF~A~1~1 UI~ES~T ~ ~~f~~ .~ ~~::~.._ _ X1.1 ~ J r~L; ~ ~_ r..- ' ~_ ~ , ~~~~ , ~~ T ii i• IIIr. _*..\ i ~ 1 _ 3 ~:: ~ ~1 ~`,,,~ t ,_ ATM, ~r,`--, ~~ ~ ~ti~ I I~~ti l~MM'' L II nF~y~ ~~~~1 ~I F. T041~Ur CfIUrT~R J ~~ -~ ~ +r, +~-•; ~ y' ~+ ~ -= iii I +~ t~~~ ~ ~+ +I I _ PL AAfI',t#11G ARfA~ ~TGP~~ 'a-' = i ~, ,-~,, Y, ~ .-~-, Manna Raad I rr - N Legend 0 Parcels. Rancho ~vlarana Specific.Plan 0 Tov~n Center Planning Area (TCPA) Suction Lines ~'~.~'` Site Boundary Reg~l~rl~gu~~l M ~ nng4~N ~~Gmper~ a 2~0~8 -Page 158 of 164 !~ 7QQ 1 ~~}~ f eet tJ t~RTH Marana Main Street Specific Plan I~lj .r _ ~- ~ +~~ . `~~R~' ~~~~ ~ ~ ~h~.~ ~~~; ~ ;: '~~ f ~~' October 13, 200 ii~o~ ~aa~a~ ~~ ~V ~~- ` ~. _ --._ ~ ~ . Marana Main Street SPECIFIC PLAN Submitted to: TOWN OF MARANA 11555 West Civic Center Drive Marana, Arizona 85653 Prepared by.• LONG RANGE PLANNING Town of Marana Planning Department Marana, Arizona 85653 October 13, 2008 Table of Contents Section I: Introduction A. Specific Plan Summary .................................................:.................................................... I-1 B. Location ...........................................................................:................................................. I-1 C. Authority and Scope .......................................................................................................... I-2 D. Relationship to the Town Center Plan & Single Central Business District .......................... I-2 F. Legal Description ..........:.................................................................................................... I-2 Section II: Development Plan A. Purpose and Intent .............................................:................................... .......................... II-1 B. Objectives of the Specific Plan ................................................................ .......................... II-1 C. Relationship to Adopted Plans ............................................................... ........................... II-2 D. Relationship to Smart Growth and Sustainability ................................... ........................... II-3 E. Compatibility with Adjoining Development ............................................. ........................... II-3 F. Land Use Concept Plan ......................................................................... ........................... II-4 1. Marana Main Street District .........: ................................:.................. ........................... II-4 G. Circulation Concept Plan ....................................................................... ........................... II-5 H. Grading Concept .....................................:.......:...................................... ........................... II-5 I. Post Development Hydrology ................................................................ ........................... II-5 J. Viewsheds ......................................................:...................................... ................:......:... II-6 K. Open Space and Recreation Concept .........................:........................ ............................ II-6 L. Cultural Resources ............................................................................... ............................ II-7 M. Infrastructure and Public Facilities ........................................................ .......................... II-11 1. Sewer ............................................................................................. .......................... i1-11 2. Fire Service ..................................................................................... .......................... II-11 3. Water .............................................................................................. ...........~...............II-11 4. Schools ..............................................................................:............ ..........................II-11 5. Public Utilities ................................................................................. .......................... II-11 Section III: Development Regulations A. Purpose and Intent .................................................................................:........................ III-1 B. General Provisions .......................................................................................................... III-1 Marana Main Street Specific Plan ~ Table of Contents 1. Applicability of Town of Marana Land Development Code .......... ............................... III-1 2. Building Code ............................................................................. .................:...:.........III-1 3. Additional Uses ........................................................................... ............................... III-1 4. Mix of Uses ................................................................................. ............................... tll-1 C. Development Standards .................................................................. ............................... Ill-2 1. Permitted Uses .......................................................................... ............................... III-2 2. Accessory Uses ......................................................................... ............................... III-2 3. Conditional Uses ........................................................................ ...............................III-2 4. Prohibited Uses ........................................................................ ................................ III-3 5. Development Standards ........................................................... .............:.................. III-4 D. Design Standards ........................................................................... ................................ III-8 1. Purpose and Intent ..:................................................................. ................................III-8 2. Authority and Scope .................................................................. ................................III-8 3. Circulation Standards ................................................................. ................................ III-9 4. Site Planning .............................................................................. .............................. III-11 5. Landscape Design Standards .................................................... .............................. III-12 6. Architectural Standards .............................................................. .............................. III-14 7. Signage ..................................................................................... ..............................III-15 8. Exterior Lighting ........................................................................ ........:...................:..III-16 9. Cultural Resources ................................................................... ............................... III-16 Section IV: Implementation and Administration A. Purpose ............................................:..............:.....................................................:......... IV-1 B. Proposed changes to Zoning Ordinance .....................................................................:... IV-1 C. General Implementation Responsibilities .........................................................................IV-1 D. Development Review Procedures .................................................................................... IV-1 E. Phasing ............................................................................................................................IV-2 F. Specific Plan Administration ............................................................................................ IV-2 G Fees .................................................................................................................................IV-3 Marana Main Street Specific Plan t 1 1 1 Appendices Definitions ............. Legal Description .. List of Exhibits Exhibit I.B.1: Regional Context Map ...................................................... Exhibit I.B.2: Location Map .................................................................... Exhibit II.E: Existing Land Use ............................................................... Exhibit II.F.1: Land Use Designations .................................................... Exhibit II. F.2: Land Use Concept .......................................................... Table of Contents ............................A-1 ............................ B-1 ............................... I-3 ............................... I-4 .............................. II-8 .............................. II-9 ............................ II-10 Marana Main Street Specific Plan C~' 7 I~ 1. Introduction i G 1 ''J i Introduction A. B. Speci;~c Plan Summary The Marana Main Street Specific Plan is comprised of a development plan,. development regulations, and implementation and administration section. A Development Capability Report is not included. The site was previously analyzed and a Development Capability Report was submitted and approved with the Cotton Gin Property/Yankee Point rezoning by Ordinance 2001.24. The Marana Main Street Specific Plan is intended to provide the framework for a stable and attractive commercial development. The plan will provide economic and employment opportunities for the Town of Marana in the form of tax revenue and employment generating businesses by creating amixed-use, interactive, development that combines regional and service retail, entertainment, office/housing, and hospitality uses The Marana Main Street Specific Plan establishes comprehensive. guidance and regulations for the development of approximately 28 acres located in the Town of Marana. The Specific Plan establishes the development regulations, programs, development and design standards required for the implementation of the approved land use plan. The Specific Plan also provides parameters to implement the Land Use Plan by establishing policies and regulations to replace and supersede the current property zoning and other Town development regulations. The Specific Plan is regulatory and adopted by ordinance. The authority for preparation of Specific Plans is found in the Arizona Revised Statutes, Section 9-461.09. The law allows the preparation of Specific Plans based on the Land Use Plan as may be required for the systematic execution of the General Land Use Plan, and further, the law allows for their review and adoption. -This Specific Plan is consistent with the Town of Marana 2007 General Plan approved and adopted on December 19, 2007. The primary objective of the Specific Plan is to provide a means by which development may occur on the project site in an orderly and responsible manner that is responsive to the physical parameters of the site and its environs. The Specific Plan is an extension of the Town of Marana General Plan in that it sets guidelines for quality development that specifically address the goals of both the Town of Marana and the Developer. Location The Marana Main Street Specific Plan is situated in the Northwest Growth Area of the Town of Marana within the Town Center Planning Area as defined in the 2007 Marana General Plan, and within the Single Central Business District established by Resolution 2008.60 (See Exhibit 1.B.1: Regional Map.) The project site is generally surrounded by agricultural properties, medium-density residential development and several businesses. The property is located in the southwest quarter of Section 22, Township 11 South, Range 11 East, on the east side of Sandario Road south of Marana Road. (See Exhibit I.B.2 - Location Map.) Marana Main Street I.1 Specific Plan Introduction C. Authority and Scope r The authority for the preparation of Specific Plans is found in Arizona Revised Statutes, Section 9-461.08. State law allows the preparation of Specific Plans based on the General ' Plan, as may be required for the systematic execution of the General Plan. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of Specific Plans in Marana. Pursuant to these state statutes and Town of Marana 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council, after which the Specific Plan ordinance may be adopted by the Town Council and become effective. Once adopted, the. Marana Main- Street Specific Plan will be a regulatory plan which will serve as the zoning and development code for the subject property. Final plats and any other development approvals must be consistent with the Specific Plan. D. Relationship fo the Town Center Planning Area and the Single Gentry/Business District This project is located within the General Plan's Town Center Planning Area. .Basic concepts for the Town Center Planning Area originated in the 2003 Marana General Plan. In 2005 Swaback Partners LLC prepared a Design Manual for the portion of the Town Center Area that lies within the Rancho Marana Specific Plan Town Center. (TC) land use designation (See Exhibit I.B.2 - Location Map). The Rancho Marana TC designation and design concepts were further articulated. in an amendment to the Rancho Marana Specific ' Plan in 2008 (Ordinance 2008.14). C Although the Marana Main Street Specific Plan is not within Rancho Marana's TC area it does reflect key elements outlined in the Rancho Marana's TC land use designation in regards to land use, landscape treatment, streetscape, pedestrian pathways, building facades and architecture. The Marana Main Street Specific Plan is located within the Single Central Business District (CBD). The CBD is a geographic designation, approved and authorized by Resolution 2008-60. The CBD is intended to be the commercial and social core of the community and is expected to include multiple -mixed use developments with neighborhood shopping, dining and entertainment. The Marana Main Street Specific Plan will be an integral part of the Single Central Business District. E. Legal Description See Appendix. Marana Main Street I-2 Specific Plan '] Introduction Exhibit I.B.1: Regional Context 7 .~ Y KirbpHughev Road ~ ~ _ -~ ~~~ SagehrushRoad~ ~' 1 - ~~~_- - _ - ... • n. ~., ~ - `;..- 9 ., ~ -• ~1© Canvon Trail ~ Yt z : Go ~ 1. "~ *. _ Marana Road ~ ~~ti \ ' ~-r"~'~=_ `'~, PROJECT AR E `a ~ "'•. ~* , - .. ~.,y, ~. ~, C O - Grier Road ~;~ ~'~ CEEtt yk:: -F 1~,a - a ~ J r M _ _ `f{BareettRoad a~ '~ ~~ ~ -`~j ~~' ~ ~~ '' 1 ~~.~ ~ r ~` ~ - 3 n ~. -.- ~~&' Moorr Road ' ~ ~. ~ "~'" Zr'~ _ " r c;`, ~ '~~'"'tr~, w~, 7 ,~ y':_ `~ G~ti a ~~~ _.. ,. , ~' '1 _ _ _ _~ - ~..: _ .. .. - - .. , 7~_ ; .' langemr Fam~f Read r ~'' ;x Legend CAP Canal ~ ~ Railroad Single Central Business Distract Marana Main Street Specific Plan 0 0.2~ 0.5 1 Miles NORTH 7 i III 7 _~ 3~ Introduction Exhibit 1.B.2: Location Map \ `` ~. ~C~\~~-°-~/~~;. 5~,~ ear'; 4 ~F J _ ~S:a~n }~L--u~-~c.as°S:pecrfr~ Ptah ~` ' .~ r`°]~ "' '-~-'t-'„' 'may; ~~ ,~, ~ '~= ti ~ .mot ~ ~ ~, Lu.? ,~ ~ j~~'~'' _ ~.. Marana Road , ~ ~ i '-~?°'~.r~' ~ ~"~ j t~ - ~ r ~~~ -~ _ - ~~` ~f - ~8arrios de Af~raxs ~ ~ `~'~ _ 'Speeiiic Plas ~ ~~ ~?'~ '~, 9 -- `~ i . , E titt~l E CRa Ah~e `rim f n '~ P I ~ Tan+n Center jT~) ~- ~ #2anctwidaranaWest Land Use Des~nataan ~ 3 ' ~- ~ / %' ~~ E'tttt~8 ? ~ : ~ l aiurtt Road 1 - ~ ~_ T"n i l ih+, 4 ~`~"~~R,~~ICH4 119 ~tAWA INfST SP1=Ci ~a~s>~ ~ ti r .--fit"" - ~ ~.'~~-~~-rr~~i~~l~ ~~ ` -~T r~<. Legend Rancho Marana Specific Plan Section Lines Town Center Planning Area (fCPA} .-"~~_-,~' Site Boundary :" ;2~' Section,Township,Range 4 544 1.448 Feet - I--~---~--~-~ .NORTH Marana Main Street 1-4 Specific Plan 1 0 i~ ' II. Development Plan t C C Development Plan A. B. Purpose and Intent This Specific Plan is intended to implement policies of the Marana General Plan while providing a unique development that meets the specific needs of the site and the community. Development criteria established in this plan ensure quality design for the separate uses while maintaining a common theme throughout the project. This Development Plan section includes a description of the goals, objectives and policies of the plan combined with various plan components that will meet the Town's vision for development in Northwest Marana. The Development Plan provides a logical continuation of the principles and design criteria of the Marana Municipal Complex area to the south and the broader Single Central Business District. This section provides the rationale for the Development Regulations in Section III. Objectives of the Specific Plan The Marana Main Street Specific Plan will be a commerce site with multiple users and elements to accentuate its focus as a community oriented development. The Marana Main Street Specific Plan is envisioned as a crucial node in the neighborhood network and will serve to unify the proposed Marana Road I-10 interchange area with the Marana Municipal Complex and Marana Health Center to the south, establishing visual and functional connections between Sandario Road and Grier Road. The objectives of the Marana Main Street Specific Plan are in line with many of the Marana General Plan goals specifically in regards to land use, growth areas, recreation and economic development. Land Use Goals In regards to land use, Goal 3 of the land use element is to "provide opportunities for a diversity of development that maximizes benefits to the community". This project proposes a mix of retail uses intended to serve the community day to day shopping needs. The conversion of these parcels from vacant land to productive community oriented development will generate additional tax revenues for the Town and .provide employment and services for residents in the local vicinity and region. Growth Areas Goals This project meets a number of goals identified in the Growth Areas element of the General Plan. The development's location in an area that has existing infrastructure capacity as well as high visibility along the I-10 corridor achieves Marana's policy to "recognize and promote Marana's unique economic and market opportunities". Recreation, Cultural Resource and Open Space Goals Goal 1 of the Environment element is to "Protect and conserve natural resources". Goal 2 of the Recreation and Open Space element is "to develop a comprehensive system of trails -that connects trails with local trails, parks, neighborhoods, .and recreational amenities." The Marana Main Street Specific Plan site formerly housed a cotton gin production facility. Marana Main Street tl-1 Specific Plan t Development Plan The buildings that made up the facility for the Producer Cotton Gin Company are now ' gone, but the cotton production and processing that occurred on this site is considered representative- of the local cotton industry and historically a driving force in the settlement of Marana. The developer will commemorate the historic cotton gin production and processing with a monument or marker. Memorializing Marana's cotton production will be further celebrated at the Marana River Heritage Park located two miles south along the banks of the Santa Cruz River. The Heritage Park will include a replica ' ~ of the old Producers Cotton Gin, a rebuilt adobe Cotton Oil Producers Office and warehouse that were lost to residential and commercial development. ' Economic Development Goals Goal 1 of the Marana General Plan Economic Development element is to "Improve efforts to attract and support businesses and industries". The preparation of this plan by t Town Planning staff represents an incentive to the developer to promote much needed private investment in the Sandario Road/Marana Main Street area in developing public/private partnerships to achieve Town goals. Goal 3 of the Economic Development element is to `increase branding and market tourism". Strong entry features or monumentation on Sandario Road at the main entrance, and on Frontage Road adjacent to the Interstate 10; will highlight Marana Main Street as a special destination in Marana and enhance community image. The three conference focused hotels, village market, restaurants and retail proposed in this plan will create and further promote tourism to Marana. 1 ed Plans C. Relatronsh~p to Adopt The Marana General Plan designates the entire project site as within the Town Center Planning Area (TCPA). The TCPA is intended to be a focal point of public and private commerce surrounded by medium and high density residential neighborhoods with ' strategically located community facilities. Pedestrian oriented circulation patterns will be an important aspect of every development in this area. Schools, retail shops, offices and employment centers, as well as multiple recreational areas and a variety of other ' services and facilities will round out this growing community. Adoption of this Specific Plan will serve as a minor amendment to the Marana General ' Plan, changing its. zoning from Small Lot Zone (A) and Village Commercial (VC) #o Master Planning Area (F). This Specific Plan will meet the goals of the Marana General Plan by creating a unique mixed-use development within walking distance of the Marana Municipal Complex. -The location is ideally positioned to take advantage of regional trade and logistic opportunities along Interstate 10. The mixed-use/regional commercial type of land use pattern is in keeping with the goals and vision of the Marana General Plan and will fulfill policies outlined in that plan. Marana Main Street II-2 Specific Plan Development Plan D. Relationship to Smart Growth and Sustainability This project demonstrates Smart Growth -development that serves the economy, the community and the environment by including sustainable practices. Land use is the primary tool to leverage sustainable development. Locating this development within the Single Central Business District, adjacent to a major transportation corridor, in an area where infrastructure is already built, is Smart. Other Smart Growth tenets this project includes are: • Strengthening and directing development towards existing communities • Creating walkable communities ^ Encouraging community and stakeholder collaboration in development decisions ^ Mixing land uses ^ Promoting a variety of transportation options E. Compatibility with Adjoining Development The Marana Main Street Specific Plan seeks to be compatible with the existing and planned development in the area (see Exhibit II.F -Existing Land Use). The proposed development is a mixed-use program that represents a key component of the live-work- play lifestyle sought for Marana. The core of the live-work-play design philosophy requires integrating surrounding land uses so that people can do all three activities without going elsewhere. Marana Main Street will integrate and complement existing and planned development to achieve this lifestyle. This project is strategically located, providing primary access to Interstate 10, Sandario Road and to Interstate 10 Frontage Road. This project will also provide access to the Barrio de Marana Specific Plan to the south via Marana Main Street. When Barrio de Marana is completed Marana Main Street will extend south to Grier Road, ultimately unifying land from Sandario Road south to Barnett Road. The development plan is compatible with the development trends in the surrounding area and along Interstate 10, incorporating consideration of the needs of travelers on the Interstate as well as the needs of residents of Northwest Marana and surrounding areas. To minimize potential impacts to area residents, freeway oriented uses such as hotels and large retail will be located along the northern portion of the site closer to the I-10 and Frontage Road. Transitioning to the south, the project will become more community oriented and will include less intense uses. Along the southern property line a 50' landscape setback will be utilized to attenuate noise and visual impacts to the residents to the south in Marana Vistas. Marana Main Street I"1.3 Specific Plan r r~ ~.' Development Plan 1 F. Land Use Concept Plan ' The plan includes. commercial development with hotels and a large retail store in the northeast area of the .site, both uses strategically located along I-10 to capture attention of freeway travelers. Community oriented commercial development is proposed in the south and southwest areas of the plan. New retail stores and restaurants will complement the nearby existing businesses along Sandario Road, provide new services not currently offered, and help to revitalize this important Sandario Road community. Street level retail and upper level ' office or residential use will bring home the shop/work/play environment needed in this area. Improvements to Sandario Road and buffering techniques will be utilized to beautify this area and increase its viability. Marana Main Street District ' As indicated in Exhibit II.G.1: Land Use Designations, the. single land use designation far the entire Marana Main Street Specific Plan is Marana Main Street District. ' Building mass and building intensity is highest adjacent to Interstate 10, transitioning to progressively lower intensities as the development extends south and southwest. A large, free standing building and hospitality use are planned for the northeastern area of the development adjacent to the interstate. See Exhibit II.G.2: Land Use Concept for an illustrative depiction of how development within Marana Main Street Specific Plan may occur. Retail shops and restaurants will be located on Sandario Road and along either side of Marana Main Street. These streets will be characterized by wide sidewalks with retail/commercial buildings built at the sidewalk edge. A bank with adrive-thru teller may ' be located on Sandario Road near the main driveway On-street parking will be provided and parking lots will be located behind the commercial buildings with convenient pedestrian connections to the storefronts. The proposed multi- story Marana Main Street buildings will have retail shops, restaurants and commercial services at the street level, and offices or residences above. The ground floor is envisioned to have a variety of shop fronts and displays; this, along with the incorporation of plazas and other types of public gathering places at crucial nodes will invite the social connections so important to making a place successful. The Marana Main Street Specific Plan will be a unique mixed-use development within walking distance of the Marana Municipal Complex and existing businesses on Sandario Road. The development's frontage on I-10 and offering of traveler services will allow this development to serve a diverse population. Pedestrian connections, largely in the form of sidewalks, will be provided to all areas of the project, Sandario Road and existing residential to the south. Sidewalk connections ' that cross Marana Main Street will be clearly designated using decorative paving or Marana Main Streef II-4 ' Specific Plan Development Plan others ecialt treatment to accommodate edestrian access. P ' p Y p lazas and public open spaces are envisioned among the commercial and restaurant uses at street-level to encourage extended pedestrian activity and community gatherings along Marana Main ' Street. G. Circulation Concept Plan , The developer is proposing a new road (Marana Main Street) from Sandario Road to the proposed Barrio de Marana Specific plan to the southeast. Marana Main Street will bisect the development and will provide internal access to the project and to Barrios de Marana. An entrance to Frontage Road is also proposed. Marana Main Street will serve as the primary entrance into the project site and will have Main Street themes. , Internal access lanes lead from Marana Main Street to serve the development. Location of these access points and the internal circulation pattern separates the freeway oriented ' development on the north from the community development to the south. Access to Frontage Road could facilitate freeway access but will be dependent upon the ultimate ' resolution of Frontage Road by the Arizona Department of Transportation (ADOT) and the Town of Marana. To address capacity levels of service, more precise ADTs, and improvements needed for specific uses, a detailed traffic analysis will be provided to the Town of Marana at the time. of development plan review. The detailed traffic analysis will also address. the , proposed access impacts on the existing developments surrounding the site, a capacity analysis for the proposed off site streets, and a description of the improvements required for this project. ' Pedestrian paths and sidewalks will connect all uses and areas within the Marana Main Street Specific Plan as alternatives to vehicular circulation. Open space will be easily ' accessed within the 28 acre area. Regularly spaced breaks between buildings on Marana Main Street will be provided to encourage pedestrian activity. Connections to areas beyond the Specific Plan have also been incorporated into the project design, ' including sidewalks at Sandario Road, Denny Road, and to the east along Frontage Road. H. Grading Goncept ' Due to its previous use as a cotton production facility, the site has been completely ' graded. Additional grading will create drainage basins and other on-site drainage features. Additional geotechnical studies will be completed prior to site disturbance to determine the extent of grading required. ' I. Post Development Hydrology The project area is proposed to transition from ve etative o en s ace to a commercial ' 9 P P development project. The project will conform to Town of Marana hydrology standards. Marana Main Street II-5 Specific Plan ' Development Plan 1 The entire. site is in an established 100 year floodplain. Finished floor elevations shall be situated no less than one foot above the 100 year water surface elevation for the adjacent drainage basin and 100 year flood plain. The development of this site will not alter the drainage characteristics of any upstream or downstream property owners. The project site falls within the Santa Cruz levee benefit ' area and therefore will be subject to impact fees current at the time of platting or development plan approval. ' The development of this site will be in conformance with the Town of Marana detention and retention standards. All on-site generated storm water runoff will be conveyed to proposed drainage basins as surface flow. ' J. Viewsheds ' Development on this site will not impair views of significant off-site features for properties adjacent to the site. Views may be impacted from the adjacent convenience store and from the northernmost residents of the Marana Vista subdivision. A 50 foot landscape ' buffer along the southern edge of the property will mitigate potential impacts. Due to the prevailing flat topography of the project site and the relatively flat terrain of surrounding properties, the subject property is highly visible from all adjacent property. Landscaping .buffering will soften the visual impact of this development. The development should have little or no negative impact to the views of the existing businesses along Sandario Road. K. Open Space and Recreation Concept According to the Northwest Marana Area Plan (2000), the Town of Marana Trail and Master Plan (2000}, and the .Eastern Pima County Trail System Master Plan (1989), the only public trail within a mile of the subject property is the Central Arizona Project Canal Trail. There is no direct pedestrian access to the trail from the subject property as it is approximately one mile away and across Interstate 10 from the project site. The Marana Main Street Specific Plan landscape concept will complement the adjacent Barrios de Marana Specific Plan to promote a seamless community theme rather than separate developments. Street lighting and landscaping will conform to existing Marana Main Street improvements and will be used to complement the design and use of space. ' Landscaping will provide shade and enhance the built environment with the use of planters and colorful seasonal accents. ' Plants appropriate for the desert climate, with an emphasis on native vegetation, will be the primary influence on the landscape character of the Marana Main Street Specific Plan area. Plants will be chosen for their form, color, drama, stateliness and shade ' qualities. Trees will be used to soften the architecture of the buildings while also Marana Main Street II-6 ' Specific Plan Development Plan providing shade for parking and pedestrian areas. Shrubs will be used to provide a transition from the ground plane to proposed buildings, as well as providing screening for utility boxes and service items. Groundcovers will be used to tie all of the elements together. Special attention will be paid to design features such as planters, low walls, and trellises, to promote a cohesive theme for the project and its relationship to the Marana Municipal Complex area to the south. L. Cultural Resources A surFace inspection of the entire site will be completed in conjunction with the subdivision plat and/or development plan submittals. Based on the findings of cultural resource inspections, appropriate measures will be taken in accordance with applicable federal, state and local regulations. Marana Main Street 11.7 Specific Plan it Development Plan Exhibit II.F: Existing Land Use C C' ~I I C i I~~ ~ ~s. ~. ~ `~. ~.-~ ~ - ~ k ~ 1, x£54`; ~~ ~~ ~ ~~~~ ~~ 1 ~ 4 ~ ~ ~ ,...,....... ~ ~ ~~~,~ r . t s~ - r `~ ~ i a ._- ~,2C3 7. _.y ?x,,`~ '~' h "kL .._ n S F M _ ~ ~ w .. `. .~. _ ~ ~ ~'"rr~ ~~ ~~;~ ~'9 ~~ .~ ~~:;.~ ~\~~ is '~ .~ ~,, ,~ ~ .. rr~ - - S ''k ~'~ '~ ~ v~~f~'~ ~- "8e~r~i'J .~r . Legend ' Marana Wells 5iie Boundary Auto related business ~ Chamber of Gommerce ' i Childcare Church Dental Office ~ Library ~ ~ Senior Center I~ Dinin 9 Multi-family v Fire Station Municipal Complex Fond Bank '~ Ora Mae Park Gasoline Station Parks & Recreation Dept. ® Grocery ®Ta~ern 1 Bar _ i~j Health Center ~ School Marana Main Street Specific Plan I I-8 Development Plan Exhibit ILG.1: Land Use Designations Legend Marana M ain Street Distract C i i 6 85 '170 Feet ' I~-i--r-I f Marana Main Streef II_g Specific Plan L ~i Development Plan Exhibit II.G.2: Land Use Concept POTEtJ71At LAND USE$ fl +10T£i,. i (d fL00RSM 64.000 $f Q 110TEL 2 (d fL00R5) 64,000 Sf. Q RDTEL3{4fL00RS} 64,IH30SF. 0 ARIZONA TILE 70.OD0 Sf. Q BANK 4,000 SE JO CDMMERCAL 8,000 SF: Q COMMERCIAL 16,000 Sf PUBLIC SPACE Q VILLAGE MARKET i 8,000 Sf. m COMMERCIAIJOFAGE {2 fL00RST 20.000 SE Q COMMERgAU0FTICE (2 fLDORS} 25,000 Sf. ® COMMERgALWfPCE {2FT.OORS} 2d,000 Sf. Q COMMERGIAUOFT~CE (2 FLOORS) 16.000 SE +~ COMMERCIAL 22,000 SF. ® COMMERCAI 10.000 SE C061MERgAI 8,000 SF COMMERCIAL 10.000 Sf. PUBL[C SPACE . 70TAL DEVELOPA6LE AREA 4d3 000 Sf ~~kr i~ ,~{{yy K -' W O 0 Marana Main Street Conceptual Site Plan Marana Main Street Specific Plan SLUE funCxZW! R~ 0 59 4C MJ II-10 Development Plan M. Infrastructure and Public Facilities Sewer The developer will enter into a Sewer Service Agreement for required facilities and capacity with the wastewater provider. Fire Service The Marana Main Street Specific Plan area is within the boundaries of the Northwest Fire and Rescue District. The nearest fire station (Northwest Fire District Station #36) is located at 13475 N. Marana Main Street, approximately 1/2 mile south of the project site. Water A water service agreement will be completed between the Town of Marana and the developer prior to approval of the final development plan or subdivision plat. A two-line water system will be installed to allow for the use of non-potable water for irrigation of common areas, recreation areas and public facilities. Schools The property is within the Marana Unified School District (MUSD). Estes Elementary. School, Marana Middle School. and the Marana Plus Alternative Education facility are located across the street to the east of the project site. Marana High School is located approximately 6 miles south of the project site. In addition, a new high school is planned approximately one mile south and east of the project site. Public Utilities a. Natural Gas Southwest Gas serves this area and will provide service to the property. b. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable infrastructure in this area and can provide service to the property. c. Electric Power Electric Power will be provided by Tucson Electric Power Company. d. Cortaro Marana Irrigation District (CMID) If the project is within the Cortaro Marana Irrigation District boundaries, the appropriate clearance from CMID will be obtained. Marana Main Street II-11 Specific Plan C r 7 7 111. Development Regulations i 7 7 Development Regulations A. B. Purpose and Intent These regulations will serve as the primary mechanism for implementation of the Marana Main Street Specific Plan. The Marana Main Street Specific Plan Development and Design Standards are intended to establish the intensity and character of the development by prescribing site-specific standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. The project has one land use designation, Marana Main Street (MMS). These development regulations apply to the entire 28 acres of land in the Marana Main Street Specific Plan. General Provisions 1. Applicability of the Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific. Plan area shall comply with all currently adopted building codes and regulations. 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Marana Board of Adjustment. 4. Mix of Uses Permitted uses are encouraged to be mixed, both horizontally and vertically, and subject to applicable building safety codes and regulations. Specifically, the Marana Main Street Specific Plan promotes a vertical mix of uses along Marana Main Street and Sandario Road where commercial establishments occupy space at street level with office and residential uses above. Marana Main Street III-1 Specific Plan 7 ~~ l C C r, i Development Regulations C. Development Standards 1. Permitted Uses ^ Boutique hotels ^ Churches, synagogues, or similar place of worship ^ Clinics/therapy services ^ Commercial/retail ^ Day care services ^ Educational uses ^ Entertainment services ^ Financial services (including drive-through facilities -subject to the Section C.3.b.) ^ Fitness centers and other commercial recreation ^ Food and beverage services including bars, restaurants and diners ^ Hotels or motels ^ Institutional uses • Offices ^ Open Spaces, including public spaces ^ Personal services ^ Residential within amixed-use building (subject to C.5.G.) ^ Warehouses associated with retail sales ^ Other uses -Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 2. Accessory Uses The following accessory uses are permitted when associated with the principal permitted use: ^ Outdoor seating, courtyards, and recreational facilities ^ Parking structures ^ Covered parking ^ Outdoor retail and service display areas 3. Conditional Uses All conditional uses shall require a Conditional Use Permit reviewed and approved as prescribed in the Land Development Code. The request must be consistent with the purpose and intent of the Marana Main Street Specific Plan, and may be subject to additional special conditions and limitations. Conditional uses that may be permitted ' include the following: a. Any commercial use with a first story single tenant space floor area greater than 70,000 square feet. b. Drive-through facilities for a restaurant, pharmacy, and similar uses with the following criteria: t Marana Main Street III-2 ' Specific Plan Development Regulations 1. The development is limited to corner locations at the intersection of public streets. 2. The design precludes vehicular access conflicting with an existing or planned i adjacent use. 3. The facility is located to minimize noise and odors. ' c. Indoor self storage facility 1. All indoor self service storage shall be subject to the following use and design ' standards, in addition to all other applicable regulations: a. Building must be located towards the Frontage Road. b. All storage shall be inside a building or fully enclosed structure. c. Vehicle parking shall be for provided for loading and unloading. Motor vehicles shall not be parked overnight or otherwise stored within or , outside the site. d. Storage of flammable or hazardous materials and explosives is prohibited, as well as storage of any materials that are offensive or ' noxious because of odors, dust, or fumes. e. Building facades shall be two or more stories and have the appearance of ' a multi-story building through the use of windows, doors, awnings, canopies or other appropriate building elements. f. All structures within Marana Main Street must meet the Commercial ' Design Standards. g. No outdoor storage of vehicles, supplies or equipment shall be permitted. ' h. Only "dead storage" shall be permitted, which shall mean the keeping of goods not in use and not associated with any office, retail or other business activity conducted on premises. Conducting an office, retail or , other business or service use from a storage unit shall be prohibited. One administrative office for the proprietor of the self-storage business shall ' be permitted within the facility in appropriately designed space. 4. Prohibited Uses ' ^ Agricultural equipment or industrial equipment sales ^ Automotive services including gasoline sales, automotive repair, bodywork, and vehicle sales retail , ^ Commercial outdoor storage uses, any ^ Contractor yards ^ Heavy equipment sales or lease ' ^ Industrial uses • Recreational vehicle or boat storage ' • Recreational vehicle or manufactured home parks Marana Main Street Specific Plan III-3 ii Development Regulations ^ Self-service storage facility, outdoor ^ Other uses -Any use similar in nature and intensity to a use listed within the above categories as determined by the Planning Director. 5. Development Standards it u i~ 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: a. Perimeter setbacks 1. Any and all principal buildings, any portion of which is located in the following areas, shall be subject to the following setbacks: a. 0' setback along Sandario Road b. 20' setback along Frontage Road c. 75' setback along the Denny Road frontage d. 50' landscape setback from lots in the Marana Vista subdivision e. 20' setback along all remaining perimeter properky lines b. Building Front Setback 1. Marana Main Street and Sandario Road a. There shall be zero (0) setback for the first floor of building frontage ' except for a large freestanding, single use building which shall have a 20' setback and a minimum 10' landscape buffer. 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. n 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. 2. Building upper floors (above first floor) may have a zero (0) setback. Marana Main Street Specific Plan III-4 Development Regulations c. Street Frontage 1. The building frontage shall be as continuous as is practicable leaving spaces for pedestrian access and other functional open spaces. 2. The primary entrance door of each building shall face the street frontage, and shall remain unlocked during normal business hours. d. Building Side and Rear Setback 1. No minimum side or rear setbacks are required provided minimum building code requirements are met. e. Building Separation 1. A minimum of one pedestrian access shall be provided for every 150 feet of building frontage along Marana .Main Street and Sandario Road for connections between the parking lots and the street. 2. The pedestrian access shall be a minimum of 10 feet in width. 3. The minimum distance between primary structures and an accessory building or two accessory buildings shall be as per the minimum building code requirements. f. Building Height 1. Maximum building height shall not exceed 60 feet. 2. Buildings along Marana Main Street and Sandario Road shall be a minimum of two stories. g. Residential Standards 1. Residential development shall be subject to the following standards: a. No residential use shall be permitted on the first floor of any building. b. Each building with residential units shall have separate, private access to the residential floor(s). c. Parking spaces as required in the Land Development Code shall be clearly designated and reserved for each residential unit. d. Each unit shall include a minimum of 75 square feet. of private open space in a balcony. e. Private balconies should be covered to protect from the weather and should be designed to be an extension of the interior common living area. Marana Main Sfreet III-5 Specific Plan 7 1 Development Regulations 1 h. Parking and Loading Standards ' 1. The Parking Standards in the Land Development Code shall govern the parking requirements. Some parking requirements may be reduced to account for shared use of parking spaces and to minimize the impact of paved parking areas. ' 2. Parking areas serving buildings along Marana Main Street and Sandario Road shall be primarily located behind the building. 3. 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. 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 will 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. i. Bicycle Spaces 1. Bicycle parking shall be subject to the following standards: i C a. Bicycle parking shall be required for all development areas and distributed around the site. b. Bicycle parking spaces -shall be provided in bicycle racks equal to three percent of the required vehicle parking spaces. c. A minimum of two bicycle parking spaces shall be required in any bike rack. j. Storage Standards 1. 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: a. Storage areas shall be screened from all streets and adjacent property. Marana Main Street Specific Plan III-6 Development Regulations b. 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. c. Screening material shall be compatible in color, texture, and material with the overall architectural design of the building. k. Landscaping 1. The overall landscape design shall be one that incorporates vegetation and hardscape to create a place that encourages congregation and socialization. A variety of meeting places should be offered throughout Marana Main Street, including urban gardens or plaza areas, to create places where people want to come and enjoy leisure time, shop and dine. 2. The landscape plan should reflect the energy and vitality that will occur from the mixed-use activity. The proliferation of vibrant seasonal color (showy flowers, fall color or berries), shade trees and planters with ornamental and seasonal plants, are strongly encouraged for color and variety. Vines or other organic material are preferred screening treatments, and to create intimate gathering spaces. 3. All landscaped areas shall be integrated and maintained in a well-kept condition in accordance with the Marana Land Development Code. 4. All landscape buffers shall be planted in accordance with the Commercial Design Standards and shall be provided as follows: a. No minimum landscape buffer requirements will be required for Sandario Road and Marana Main Street. b. A minimum 50 foot landscape buffer adjacent to the lots in the Marana Vista subdivision. c. 20' landscape buffer along Frontage Road adjacent to the Interstate 10 freeway. d. 20' landscape buffer along Denny Road. e. 10' landscape buffer along all remaining perimeter property lines. 6. A minimum of 50 percent of the trees are to be 24-inch box size and the balance shall be a minimum 15 gallon size. 7. Trees shall be located in planter .bays to provide a shading effect to the adjacent parking bays. Additional shrubs and groundcovers may be planted in planter bays to further reduce large areas of unbroken paving. 8. 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. 9. No trees or large shrubs shall be planted within 10 feet of any entry driveway. Marana Main Street t11-7 Specific Plan C L' CI! Development- Regulations 10. Shading of asphalt areas will be in accordance with the Marana Land Development Code. 11. Informal groups of trees shall be planted next to structures I. Noise Standards 1. 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. 2. 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 fine: a. Noise levels in excess of 55 decibels during the hours of 6:00 a.m. to 10:00 p.m. b. Noise levels in excess of 45 decibels during the hours of 10:00 p.m. to 7:00 a.m. D. Design Standards 1. Purpose and Intent The purpose of this document is to provide specific design criteria and standards for the Marana Main Street Specific Plan to ensure a consistent standard of quality and that the design of the project remains true to the theme and character established by the developer. ' 2. Authority and Scope a. The responsibility of reviewing future development plan submittals for compliance with this Specific Plan, as further described in the Implementation and ' Administration chapter of this plan (Section IV), falls to the Town of Marana. b. Both the developer and the Tawn of Marana shall be responsible for the ' implementation of these Design Standards. c. Being specific to the Marana Main Street Specific Plan, and in the case of a conflict with other regulations, the provisions contained herein shall prevail. d. 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. Marana Main Street III-8 ' Specific Plan Development Regulations e. Major amendments to these Design Standards shall be subject to the same process used to amend the zoning for the Specific Plan. Major amendments include changes to the land use boundaries, any proposed amendment which conflicts with the adopted Specific Plan, and reductions to the dimensions of the required buffer areas. Other amendments which modify the zoning stipulations shall be considered a major amendment. f. If any provision herein is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of these Design Standards. g. All items not specifically addressed by these Design Standards will. automatically be covered by the Town of Marana Land Development Code. 3. Circulation Standards Development in Marana Main Street will establish vehicular and pedestrian connections with the existing and planned land uses around the-site. It is important to make the Marana Main Street 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 Marana Main Street and Sandario Road.. 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, Marana Main Street and Sandario Road. In addition to roads and parking, the Marana Main Street district will include a comprehensive pedestrian and bicycle circulation network. a. 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 Marana Main Street. 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. 1. The Marana Main Street Specific Plan 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 spilling 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. ~~ i C ~I C Marana Main Street I { I-9 ' Specific Plan i C i i 7 Development Regulations 2. Pedestrian-friendly development with a human scale will be achieved with the following standards: a. Streets shall have a continuous canopy of trees. b. Buildings with front setbacks shall be built up to the sidewalks by adding arcades, colonnades, awnings, stoops, balconies and terraces. c. Bicycle and pedestrian paths shall be designed to minimize conflicts with vehicular traffic. d. Bicycle parking shall be provided at focal points and activity centers. e. Bicycle and pedestrian paths shall be developed to provide links to all areas within Marana Main Street as well as adjacent areas. b. Streetscape Design Standards 1. Circulation shall include convenient access to and from adjacent areas, and minimize conflicts between pedestrians and vehicles by strategically locating street locations and 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 Marana Main Street and Sandario Road. 2. An active, pedestrian oriented streetscape along Marana .Main Street and Sandario Road shall be developed that includes the following: ' a. Way finding and directional signage designed and located in such a way as to be visible from both pedestrian and vehicular traffic throughout Marana Main Street. b. Site lighting shall complement the existing street and pedestrian lighting on Marana Main Street and Civic Center Drive. ' c. Streetscapes shall include abundant street trees and special plantings. d. Building fronts shall have pedestrian-friendly store fronts. ' e. The street and sidewalk environment shall be cooled with colonnades, trellises and other shade structures. f. Sidewalk areas shall include special paving and pedestrian oriented open ' spaces. g. Decorative pavement and lighting shall be included at all pedestrian .crossings. j. Access and interconnectivity shall be provided to adjacent areas. Marana Main Street III-10 ' Specific Plan J Development Regulations 4. Site Planning a. General Site Design Standards 1. The building design and elevation plans shall be sensitive to the pedestrian scale of Marana Main Street. 2. The building frontage along Marana Main Street and Sandario Road shall be as continuous as is practicable leaving spaces for normal vehicular and pedestrian access and other functional open space needs. 3. At least one pedestrian access shall be provided for every 150 feet of building frontage along Marana Main Street and Sandario Road. The access shall provide for connections between the parking lots and the street. 4. The pedestrian access shall be a minimum of 10 feet. 5. Corner buildings shall have the main entrance along the primary street Secondary entrances may be allowed along the non-primary side. 6. Building articulation and configuration shall consist of: a. Varied building facades b. Strong continuous built influence along street fronts c. Generous first floor heights d. Architectural detailing e. Special corner treatments 7. Covered and shaded walkways may consist of one or more of the following: a. Colonnades b. Awnings c. Trellises d. Canopies e. Other shading devices as accepted by the Planning Director 8. Retail buildings shall include one or more of the following: a. Multi-sided shopping b. Varied shops c. Continuous shop frontage 9. Alleyways and street corners shall be enhanced by one or more of the following: a. Framed views b. Features that convey an element of surprise c. Walk through show windows 10. Parking within Marana Main Street shall include: a. Pedestrian-friendly and inviting entry points b. Parking behind buildings c. Parking structures where appropriate 1 LIB' i Marana Main Street III-11 , Specific Plan ~I CI~ i ~I~ 7 l i i Development Regulations 5. Landscape Design Standards Marana Main Street incorporates coordinated landscaping throughout the entire project and provides landscaping standards for local streetscapes, development areas, and public area space. Marana Main Street will be designed with distinctive landscape features to define its identity and relation to other development in the Town Center Planning Area. Plants shall be selected for their form, color, drama, stateliness and shade qualities. Choice and design of planters will be 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: a. General Standards 1. Trees shall be planted to soften the architecture of proposed buildings and. provide shade for parking, pedestrian areas and outdoor gathering spaces. 2. 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. 3. Groundcovers shall be planted to provide continuity within the landscape and tie together other landscape elements. 4. All plants shall be selected from the approved plant list as described in Title 17 of the Marana Land Development Code. 5. All planting areas shall be irrigated. The developer will provide non-potable, irrigation water lines (purple lines) to all development parcels. Non-potable water will be available for landscaped open areas, recreation sites and public facilities. Each development parcel. shall utilize non-potable water supplies to irrigate landscaped areas including common areas and individual lots. 6. Special design features such as low walls, trellises and small plazas shall be encouraged along with public art. b. Street Standards 1. Parking lot landscaping shall be subject to the following standards: a. Landscaping planters no less than six feet wide, by the length of the parking stall, shall be placed at the ends of parking rows to define driveways with one tree per parking aisle and appropriate groundcovers. b. Landscaping planters no less than six feet wide shall be placed every eight parking stalls in planters no less than six feet wide by the length of the parking stall with one tree and appropriate groundcovers. Marana Main Street III-12 Specific Plan Development Regulations 2. Tree species or patterns of multiple species shall be consistent on any given street. 3. Street trees are to be a minimum of 24-inch box size c. 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 or brick pavers, colored or textured concrete surfaces are encouraged for use throughout Marana Main Street. The following standards shall be incorporated in the Marana Main Street 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. d. Walls and fences 1. 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. 2. Walls shall be of adequate height to function as a screening device as determined by the Planning Director and the developer. 3. Screen walls or fences of sheet or corrugated metal, asbestos, or chain link fencing are specifically prohibited. e. Amenities Site amenities may include trash receptacles, ash urns, benches, planters, bicycle racks, bollards, drinking fountains, information displays, comfort stations, kiosks and other fixtures. The following principles and standards shall be applied to the selection and placement of outdoor amenities: 1. 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. 2. Design shall reflect the character of the project area. 3. Amenities shall be constructed of long-wearing, vandal resistant materials. 4. Incorporation of amenities that are constructed of recycled-content products is highly encouraged. Marana Main Street III-13 Specific Plan I~ Development Regulations ' 5. The final selection of amenities shall be based on the 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. 6. Outdoor amenities shall be incorporated to some degree in the majority of ' open space areas within Marana Main Street. 6. Architectural Standards d it s Marana Main Street takes its inspiration from the history of Spanish influence an current presence in the regional architecture as the basis for its own architectural ' style. The suggested style will be Spanish Renaissance Revival Vernacular. This style 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 character and mixed-use development. The vernacular style is well suited to the Arizona climate, history and culture, and will lend a small town feel to Marana Main Street. It is less ornate and therefore ' more suited to current building practices, available expertise, and offers efficient and economical construction. It is less formal. and allows for much needed flexibility in ' building design and articulation. a. General Architectural Standards ' 1. The building design and articulation in plans and elevations shall be compatible with the purpose, and sensitive to the scale and .vision, of ' Marana Main Street. 2. The layout of the multi-building developments along Marana Main Street Sandario Road, and Frontage Road, shall be designed to break the site into a series of smaller "blocks" defined by pad site buildings, pedestrian walkways, streets or other vehicular circulation routes. ' e ll h h d av a s 3. Buildin s that front Marana Main Street and Sandario Roa 9 dedicated pedestrian access facing the street. Tenants are encouraged to provide additional pedestrian access from the rear or side of the building if applicable. b. 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. Marana Main Street III-14 ' Specific Plan Development Regulations 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 for 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 should 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 f. Mufti-use congregation spaces c. Building Design 1. Windows shall be recessed at least two inches from the building wall, or they shall project from the building wall, such as bay windows. 2. Architectural features such as step backs and other single-story elements shall be required on the second story. 3. Adjacent structures shall not be painted the same color. 4. Entrances shall be framed and shat! be at the same scale as single-family homes. 7. signage a. A[I sign locations and sign designs shall be subject to a Planned Sign Program. All signage shall be created to incorporate design elements and building materials that complement the architectural theme of Marana Main Street. b. The Planned Sign Program should include way-finding and directional signage as well as a marker or monument commemorating the cotton production and processing that occurred on this site. Marana Main Sfreet 111.15 Specific Plan i i 0 Development Regulations 8. Exterior Lighting Street lighting shall conform to the Town of Marana .Outdoor Lighting Code Requirements. Street and parking lot light fixtures shall complement the existing type and pattern of .street and pedestrian lighting that occur on Marana Main Street and Civic Center Drive at the Marana Municipal Complex. 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 subject to the regulations of the adopted Marana Lighting Code. 9. Commemorative Marker/Monument To ensure that the historical heritage of the site is remembered, the developer will build and install to Town specifications a marker commemorating the cotton production and processing that occurred on this site. Maintenance of the heritage marker will be the responsibility of the Town of Marana. Marana Main Street III-16 Specific Plan C t IV. Implementation and Administration t C r ~! L C'~ i Implementation and Administration A. B. C. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible party to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan. Proposed Changes to Zoning Ordinance The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, -those regulations of the Town of Marana Land Development Code that are in place at the time of development shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. General Implementation Responsibilities The implementation of the Marana Main Street Specific Plan is the responsibility of the developer. The developer is the entity responsible for providing infrastructure needs including roads, sewer and water in a timely and efficient manner. At any time, the developer may relinquish its rights and assign any or all rights to one or more builders. Associated responsibilities of the developer would also be transferred to the builder at that time. The Town of Marana Development Services Department will be responsible for ensuring all policies and standards laid out in the Specific Plan are adhered to during the review of all development in Marana Main Street Specific Plan. D. Development Review Procedures All proposed subdivision plats, improvement plans, development plans and building permits within the Marana Main Street Specific Plan shall be submitted to Town for approval and permitting. Plats, plans and permit applications shall be approved by the Town of Marana in accordance with Town of Marana procedures. Final decisions on grading, drainage, final road alignment, improvement plans, revegetation, and other matters will be made after the approval of the preliminary plat. No structures, including signs, shall be erected, improved or altered, nor shall any grading, excavation, tree removal or any other work which in any way alters the exterior appearance of any structure or area of land, shall commence until the appropriate permit has been approved. Marana Main Street IV-1 Specific Plan ~i 1 ~~I~ Implementation and Administration Approval of a subdivision plat, development. plan or building permit is subject to the following requirements: ^ Conformance with the Marana Main Street Specific Plan, as adopted; ^ Dedication of appropriate rights-of-way and easements for roads (within 60 days of specific plan adoption), utilities and drainage areas. by plat, or by separate instrument if the property is not to be subdivided; ^ Preliminary plat, final plat and development plan submittals that follow Town of Marana procedures current at the time of application; ^ Architectural elevation renderings submitted for review and approval by the Town of Marana prior to development plan approval E. Phasing The timing of development for Marana Main Street will be dictated by the market and confirmation of users. F. Specific P-an Administration 1. Enforcement The Marana Main Street Specific Plan shall be administered and enforced by the Town of Marana in accordance with the provisions of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively be the Town of Marana Planning Director, provided such changes are not in conflict with the overall intent as expressed in Marana Main Street Specific Plan. Any changes must conform to the goals and objectives of the Specific Plan. ' The Planning Director's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal to the Town Council. Categories of administrative changes include, but are not limited to: ^ The addition of new information to the Specific Plan maps or text that does not ' change the effect. of any regulations or guidelines, as interpreted by the Planning Director; ^ Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan area; t Marana Main Street IV-2 Specific Plan Implementation and Administration • Changes to the development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or ^ Changes to development regulations that are in the interest of the community and do not affect health or safety issues. G. Marana Main Street Specific Plan 3. Substantial Change This Specific Plan may be substantially amended by the procedure outlined in the Town of Marana Land Development Code, Specific Plan Changes. The owner or agent of the property may submit to the Planning Director a written application to amend one or more of the Specific Plan regulations. The request shall include all sections or portions of the Marana Main Street Specific Plan that are affected by the change(s). The Planning Director shall refer the request with his recommendations to the Planning Commission for public hearing. The Planning Commission shall make its recommendation to the Town Council, which, after public hearing,. shall approve, reject or modify the proposed amendment. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If an issue, condition or situation arises that is not sufficiently covered in the Specific Plan, the Planning Director may use the applicable regulations within the Town of Marana Land Development Code as a guideline for resolution. This provision shall not be used to permit uses or procedures not specifically authorized by this Specific Plan or the Town of Marana Land Development Code. Fees Fees will be assessed as indicated by the Town of Marana adopted fee schedule current to the time of application. i~ r~ 0 i~ u l ~~3 ~ C ~~ C Appendices C C~ C LI Appendix A: Definitions Definitions • Boutique hotel - A unique hotel typically offering personalized accommodation and services /facilities. Typically boutique hotels are furnished in a themed, stylish and/or inspirational manner. • Central Business District -The largest, most intensively developed, mixed-use area within a city, usually containing, in addition to major retail uses, governmental offices; service uses; professional, cultural, recreation, and entertainment establishments and uses; residential, hotels, and motels; appropriate industrial services; and transportation facilities. • (Marana. Single Central Business District) - An approximately five square mile area of ' land located in the heart of northern Marana that is planned to be Marana's commerce district. Town Council approved and authorized the designation of the Single Central Business District by Resolution 2008.60 in May 2008. • Financial services -Banks, credit unions, investment services, financial planning and similar financial institutions (including drive-through facilities). i~l~ i ii • 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. • Marana Main Street (MMS) -Aland use designation with the Marana Main Street Specific Plan that allows a mix of uses. • Mixed-use building - A building with a combination of residential and non-residential uses; retail on the first floor with office or residential on subsequent floors. • .Mixed-use Development -Mixed-use developments create vibrant urban environments that bring compatible land uses, public amenities, and utilities together at various scales. These developments work to create pedestrian-friendly environments, higher-density development, and a variety of uses that enable people to live, work, play and shop in one place, which can become a destination. • Offices -Professional, semi-professional, medical, dental, business, sales, counseling, consulting, and similar uses. requiring an indoor office. • Open Spaces - A pubic or private congregation space such as plazas, courtyards, pavements, walkways, dining areas, and similar pedestrian areas that are designed exclusively for pedestrian activity. • Pedestrian friendly -Description of an environment that is pleasant and inviting for people on foot; specifically, offering sensory appeal, safety, street amenities such as plantings. and furniture, good lighting, easy visual and physical access to buildings, .and diverse activities. Marana Main Street Specific Plan A-1 Appendix A: Definitions • 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. • 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. • Recycled-content products -Products made from materials that would otherwise have been discarded. Items in this category are made totally or partia{ly fram material ' destined for disposal or recovered from industrial activities-like aluminum soda cans or newspaper. Recycled-content products also can be items that are rebuilt or remanufactured-from used products such as toner cartridges or computers. ' • Self Storage, Indoor - A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes hazardous material storage, warehousing, distribution, .and vehicle ' storage. • Smart Growth -Development that serves the economy, the community, and the ' environment. Smart Growth is development that simultaneously achieves economic development and jobs, strong neighborhoods and healthy communities. Compact, transit accessible, pedestrian-oriented, mixed-use development patterns and land uses. ' • Town Center Planning Area (TCPA) - A planning area in Marana as described in the 2007 Marana General Plan: an area of land located in northwest Marana and ' approximately 1,590 acres of land lying between Interstate 10, Sanders Road to the west, and Barnett Road to the south. Existing land uses include older commercial businesses along Sandario Road, several residential areas, the Marana Municipal ' Complex, Estes Elementary School and Marana Middle School, churches, and agricultural fields.. Vertical mixed-use buildings -Vertical mixed-use development combines different uses ' in the same building. The lower floors generally have more public uses, with private uses on the upper levels. Examples include residential space over commercial ' establishments, street-level retail with offices above, residential and hotel uses in the same building, retail within a parking structure with multiple uses above. Vertical mixed- use development can have any number of revenue-producing and mutually supporting. uses in the same building. ' Marana Main Street A-2 Specific Plan ' Appendix B: Legal Description ;~ f ~ir~~p ,~. LEGAL DESCRiPTiQR I~11,4RANA 25 PARCEL 2 August 28, 2007 W LB No. 10701 Z-A002-1003Y. W:ILEGALS\1070151Parcel 2doc That portion o{the Southwest Quarter (5W 1/4) of Section 22, Township 11 South, Range 11 East, Giia and Sari P.iver Meridian, Town of Marana, Pima County, Arizona, .described as follows: CO~F~IENC~IIC at the West Quarter corner of said Section 22; TE'EMCE tJ 89°20'39" E, along the West-East mid section fine a distant= of 23275 feet to a point on the Westeriy right-of-way tine of Interstate 10; THEhtCE S 58° i T28" E, along said right-ot-way line a distance of 85.25 Teei to the. PCI~iT OE BEGi!'~+lPv~IE~G. THE}~CE S 15°25'37" UV, 261.21 feet; T1?Ei~CE S 89°31'17" W, 204.41 feet to a point on the East right-of-way line of Sandario Road; TI~ENCE S 00°15'5&" E, along said line a distance of 50.00 feet; Tf-€EI~CE P,f 89°3i'17" E, 754.72 feetro a point on the Westerly right-of-way fine of Interstate 10; THEPvCE N 58°1 T28" W, along said right-of-way line a distance of 565.44 feel to the PDtFv~T ©F BEGEl3hIBl:IC. CONTAINENG 2.18 acres of land, more or Less. Prepared by: THE WLB GRQUP, iNC. Jack A. Buchanan, RL5 JAB: mo i22~4 JACK A. BUCHANAN Page 1 of 1 Marana Main Street Specific Plan B-1 Appendix B: Legal Description z J Z 0 Q g Q w i w O ,O i~ F~~' --- ~~~° ~~ ~~~ ~~ eG~ a ,~o Q 7 a `J ~~~ y~h ~ N Qz ro ~ v U '~{ t 4 ^ C S~ tZ 1g2 O I o . J l.! U d SA 1~I~ARIO ROAD [- 1 ~ ------------ ~ ~~-- ---------~ 1 ~/ ff „ ~qi l I i i~ E ~ o, ~ ~~~j ~ I I I ~( .-~ o 0 ~. ~~: ----- ---~---- ~= ~~ ~JOL r F--~t~ ^~ c o '~ ,w ~ W ~p w ~ ~ ~~ ~ ~ ~ ---- ~ W ~ ~ ~ :, ~v~~ ,~ -~~~~ ~~ _Y ~ ~ ~ N e I ` ~ ~ o I~ ~ ~` n. ~ ~ ~ ~ cn ".'1 ~ Y. M O O I N ~ 0 3 ___ o -o ---- ¢ ;v ~_ ~~ O U '~ `o o ~ I o ~ z x U /~ N O O Q~ ~-- m J i G Marana Main Street B-2 Specific Plan 1 Appendix B: Legal Description August 28, 2007 \A/L8 No. 107012-A002-1003Y. ~~~~ W:\LEGALS1107015\Parcel 3.doc ®~ "~" LEGAL 13ESCP.IPTION MARAt~A 25 PARCEL 3 That portion of the Southwest Quarter (SW 1/4} of Section 22, Township 1 i South, P.ange 11 East, Gila and Salt River fvteridian, Town of Marana, Pima County, Arizona, described as fio[lows: CQAhMEhi~,EPlG at the West Quarter corner of said Section 22; Tt-:ET~CE Fd 89°20'39" E, along the West-East mid secfion Gne a distance of 232.75 feet to a point on •the Westerly right-of-way fine of Interstate 10; THE€~fCE S 58°17'28" E, along said right-of-way lime a distance of 650.59 feel to the POIFd i OE BEC~~6NtI~G. THEtVCE continue S 58°1T28" E, along said right-of-way fine a distance of 95.82 feet; Ti'Ef~CE S 31°42'32" W, 434.00 feet; THENCE f~~ 55°47`58" W, 735.24 feet to a point on the East right-of vvay fine of Sandario Road; THER~CE N 89°31'17" E, 754.72 feet a point on the VVesierly right-of-way Iine of said lnterstate 10, being the POtAJT OF F3EGtl~NIFJG. CONTAlhfi1NG 4.t0 acres of land, more or less. Prepared by: LAr ' THE WLB GP,OUP, iNC. ~- a r c ~- ~ 12214 JACK A. BUCHANAN Jack A. Buchanan, P,LS JAB: mo Page 1 of 1 Marana Main Street Specific Plan B-3 i Appendix B: Legal Description Marana Main Street Specific Plan 1 1 1 1 1 1 e., ' 0 0 N )I Q- l a'm o ~~ F-SC7 i S ~ ~ O U ~ L~ ~ q~ ~~~~ ~~ ~~~~ ~ ~~~ w ~ ~ `~i ~ O V ~ ~ (~ O C-~ ~ ~ a ~ ~ cn ,~ O ~-, q ~ W o W ~ x M O O O 3 O ~ d ~ N . ~- U O N 6 oa o~ z x w U ~~ O O Q ~ CO J Appendix B: Legal Description September 5, 2007 W LE No. i 07012-A002-1003X W:ILEGALS11G7D15\Parcel4.doc ~C®~~~ ` LEGAL DESCREPTION EVIARANA 25 PARGEL 4 That portion of the Southwest Quarter (S1N 114) of Section 22, Township 11 South, P.ange 11 East, Gila and Safi River EJ~eridian, Town of Marana, Pima County, Arizona, described as follows: COEVEP~IEPdCEP~+L: at the West Quarter corner of said Section 22; T3iEhPCE t`d 89°20'39" E, along the West-East mid section line a distance of 232.75 feet to a point on the Westerly right-of-way line of Pnterstate 10; T}-PEI~tiCE S 58°17'28" E, along said right-of-way line a distance of 746.51 feet; T;3Et'dCE S 31 °42'32" W, 434.OD feet to the POPNT OF BEGEPaP~EEP~G; TE'EP-ECE S 57°30'12" E, 394.82 feet; TP:ENCE 5 r9°09'02" E, 81.22 feet; TE-tEESCE S 00`16`03" E, 394.62 feet; T€=ENCE S 89°15'58" W, 1 D17.93 feet to a poini on the East righf-of-way line of Sandario Road; TE-tEtvCE P.! 00°15'56" W, along said right-of-way line a distance of 1048.34 feet; T'rEENCE S 55°47'57" E, 73524 feet io the POEh7 T OE= BEGEPIE~EP~EE; CONTAlN1NG16.35 acres of land, more or le~~ Prepared by: THE VJLB GROUP, INC. 12214 JACK A. BUCHANAN Jaclc A. Buchanan, RLS JAB: mo Page 1 of 1 Marana Main Street B-5 Specific Plan r Appendix 6: Legal Description 0 0 ----- ------ . , . , ~m ~J ~ ': F-~(' l~ _- ~ ~ ~~ ---- -- -----t O {r] W ~~ ~~~ ~ ~ o z o ~~ ' ~ In ~ ~ ~ o~ ~~ N .zy sac ~ ~: w ~ 4 4 -- ~v~~ ~~ Q oh '~°j ----- ~ Clc ~ ^' O O • ~a ~ w ~'' C1 0 ~ ~fy __-__ U S N F- V lti `4 ~ ~ r q _____ ~ ~ ~ ^~' ~GL c w ~ ~~ ~ d h N ~ ~ ~V~ ti~ a ~ ~~ ~ ~ N~ ar ^~~ ~ ~ ~ ~ ~ h ---- ~ ~ ~ x "' ,..~ I N ~ o 1048.34' ~ ~ ~ O 3 S~I~~DAI~IO DAD ~ ~--------- C ~ -------- ---°-- N ~ o~ • f ~~I l 1 Il °~ W j ~~' ~ ~i I ~~ v ~, 1 ~° ~ f a~ ~o m / G Marana Main Street B-6 Specific Pian J ~i u i~ i~ fl C Appendix B: Legal Description 6`~~. ~ ~rrm~~~ September 5, 2007 VVLB No. 107012-A002-1 D03Y, VJ:\LEGALS\1070151Arizona Tiles.doc LEGAL DESCRIPTION N1ARAt~A 25 ARIZONA T[LE PARCEL-1 That portion of the 5outhwes# Quarter (SW 114j of Section 22, Township 11 Sough, P.ange 11 East, Giia and Sali River (Vieridian, Town or` Marana, Pima County, Arizona, described as follows: COIt~[tflENCP~G of the West Quarter comer of said Section 22; TH~ESCE N 89°20'38" E, along the West-East mid section fine a distance of 232.75 feetto a point on the Westerly right-of-way [ine of Interstate 10; T[-[=RCE S 58°1728" E, along said right-of-way line a distance of 746.51 ;eet[othe POINT Or BEGtl~ihat[vtG. THEE~CE S 31°42'32" W, 434.00 #eet; T[-[E~ECE S 57°30'12" E, 394.82 felt; THE43CE S 79°09'02" E, 81.22 feet; Tt:EF~CE N DO°16'03" W, 40.10 feet; TF[ENCE N 89°10'47" E, 225.33 feet; Ti tEo~fCE N DD°16'16" W, 301.01 feet to a point on the Westerly righi-of-way Eine of said Interstate-10; T HE[dCE N 5S°1 T28" W, along said right-of--way line a distance of 480.00 feet to the POINT Os= BEGiNM1[tll~G. CONTAINING 5.42 acres of land, more or le s. Prepared by: ThE WLB GROUP, INC. ~ ~ , o\ 12214 JACY. A. BUCHANAN Jack A. Buchanan, RLS JAB: mo Page 1 of 1 Marana Main Street B-7 Specific Plan Appendix B: Legal Description 0 0 [V , ~~ I f I a" I aim ~ I ~J~ ' F-~C.~ fit, ~ ~ r~ ,~ ~w Wo ~~ ~ y~ ~ ti ~ w ~. ~~~~ ~~ ~ '~ ~ o 00 ~ ~~ N ~ ~ ~ ~~ ~ ~ ~ O :--~ ~ ~ R2 0., aai ~ ~ ~ ~ O ~ o w W ~ W ~ x 0 o ~, ~ 3 ~ . o ~ o a ~ o ~ ~ 0 0 ~ N O Q f o~ z x _w U m ~ O ~ d~ J / G Marana Main Street B-8 Specific Plan • ~~~1 ~1~ ~^:/ j '~. t~~ 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Item A 5 Subject: Ordinance No. 2008.25: Relating to Utilities; adopting wastewater system development impact fees and providing for an effective date Discussion: • On August 5, 2008, the Town Council adopted Resolution No. 2008-106, which gave notice of the Town's intention to adopt wastewater system development impact fees. On October 7, 2008, the Council held a public hearing on the proposed adoption of the fees, and the economic consulting firm Economists.com, which prepared the written report explaining the basis for the fees, and gave a PowerPoint presentation concerning the fees. Arizona law requires at least 30 days between the public hearing on the proposed wastewater system development impact fees and their adoption, and provides that the fees shall not be effective until at least 75 days after their adoption. If the Council adopts the proposed fees at tonight's meeting, fee collection will begin on Monday, February 2, 2009, or when the Town begins operating the Marana wastewater utility, whichever occurs last. The fee amounts proposed by this ordinance are consistent with the written technical report and are the same as presented on October 7, 2008. Financial Impact: The proposed fee amounts are intended to require new development to pay its full fair-share cost of public wastewater system infrastructure needed to serve it. ATTACHMENTS: Name: Description: Type: ~ ORD Wastewater DIFs ~00011681).DOC, Wastewater System DIFs Ordinance Ordinance Staff Recommendation: Staff recommends adoption of Ordinance No. 2008.25. Suggested Motion: I move to adopt Ordinance No. 2008.25. Regular Council Meeting -November 18, 2008 -Page 159 of 164 r~ ~~ MARANA ORDINANCE N0.2008.25 RELATING TO UTILITIES; ADOPTING WASTEWATER SYSTEM DEVELOPMENT IMPACT FEES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Town is authorized by A.R.S. § 9-463.05 to assess and collect develop- ment impact fees so that development pays for itself; and WHEREAS the economic consulting firm Economists.com has prepared a written techni- cal report entitled "Wastewater Impact Fee Study" identifying the anticipated initial and future service area of the Town of Marana wastewater utility as the benefit area of the Town wastewater system development impact fees and determining the fair-share wastewater system development impact fees attributable to the typical wastewater utility customer within the area using a s/8" x 3/a" water meter as an "Equivalent Residential Unit" ("ERU") and calculating ERU equivalency to other water meter sizes; and • WHEREAS the Wastewater Impact Fee Study determines the Town's reasonably antici- pated costs for providing sewer service and facilities needed to serve the Town's .expanding population and sewer service demands; and WHEREAS the Wastewater Impact Fee Study contains all documentation supporting the assessment of the wastewater system development impact fees adopted by this ordinance; and WHEREAS advance notice of intention to assess the wastewater system development impact fees was given by the adoption of Marana Resolution No. 2008-106, and a public hearing was held to discuss the proposed fees on October 7, 2008, all. in accordance with A.R.S. § 9-463.05; and WHEREAS adoption of the wastewater system development impact fees is in the best in- terests of the Town of Marana. .NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: L SECTION 1. Town of Marana wastewater system development impact fees are hereby adopted as follows: Water Meter Size inches ERUs Fee 5/8 x 3/4 1.0 $4,312.00 1 2.5 $10,780.00 11/z 5.0 $21,560.00 2 8.0 $34,496.00 Lar er than 2 $21.29 er anon ReguI~G~S4~~~~11~D~P1lS~4~1~I~~cQ~~e"C~i`a~3il~ of 164 _ 1 - 11/7/2008 2:33 PM • SECTION 2. The antici ated initial and future service area. of the Town of Marana p wastewater utility is hereby established as the benefit area of the wastewater system development impact fees. SECTION 3. When a one inch water meter has been installed at asingle-family residence that could have been served by a 5/g" x 3/4" water meter but for fire suppression facilities, the 5/8" x 3/4" wastewater system development impact fee shall be charged instead of the one inch fee. SECTION 4. When calculating the amount of the wastewater system development impact fees to be collected for meter sizes over two inches, Town staff shall determine the meter's ERU equivalency using the methods set forth in the Wastewater Impact Fee Study. SECTION 5. Town staff shall collect the wastewater system development impact fees for residential dwelling units when construction permits for the dwelling units are issued or at a later time if specified in an applicable development agreement. For all other uses, Town Staff shall collect the wastewater system development impact fees when an application for sewer service is submitted, or at the time specified in an applicable development agreement. SECTION 6. When assessing the wastewater system development impact fees, Town Staff shall give credit for the required dedication of public sites and improvements provided by the fee payer for improvements funded with the fees,.as provided by law. SECTION 7. All wastewater system development impact fees collected by the Town shall be held. and disbursed in accordance with the requirements of A.R.S. § 9-463.05. • SECTION 8. The Town's Manager and staff are hereby .directed and authorized to under- take all other and further tasks required or beneficial to .carry out the terms, obligations, and ob- jectives of this ordinance and the requirements of A.R.S. § 9-463.05. SECTION 9. The wastewater system development impact fees adopted by this ordinance shall be effective at midnight on February 1, 2009, and shall be collected beginning on Febru- ary 2, 2009, or when the Town begins operating the Marana wastewater utility, whichever occurs last. SECTION 10. The Town of Marana wastewater system development impact fees shall be adjusted on July 1 of each year based on the Engineering News Record 20 City Construction. Cost Index (ENR CCI). PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 18~' day of November, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regul~%G~~t~r~~~~D~i~11S~A~I~~Q~~e C~i~~arl~) of 164 _ 2 - 11/7/2008 2:33 PM • ,f ir1~~w f ~ '#.. tai Oi 4MiYL 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, November 18, 2008, 7:00:00 PM To: Mayor and Council From: Kevin Kish, AICP ,Planning Director Item A 6 Subject: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Discussion: The applicant has requested that this public hearing be continued to the Town Council meeting of December 16, 2008. The revised traffic impact analysis is curently in review and shall be accepted by staff prior to Council action. • ATTACHMENTS Name: Description: Type: ^ Marna M_e_rc_antle_Rezone A licaton.. __df Marana Mercantile Rezone Application Backup Materiak ~?~_ P ^ PCZ-08013 Marana Mercantile_Rez_one:p_df Marana Mercantile Rezone Location Map Backup Material Staff Recommendation: Suggested Motion: I move to continue the public hearing for the Marana Mercantile Rezone, Ordinance No. 2008.26 to December 16, 2008. • Regular Council Meeting -November 18, 2008 -Page 162 of 164 i • ~-=1~~ Tfl'i~'N OF MAR4NA MARANA ' Planning Department " ~.,,,~,/ 1 ~~ ~1 tit - GV. Civic Center Dr. Marana AZ 85653 11555 {520 3&?-2.600 Fax; (520j 382-2639 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) o Preliminary Plat o General Plan Amendment Q t%ariance o Fina] Plat o Specific Plan Amendment o Conditional Use Pit o Developmen#Plan • Rezone/Specific flan o Other, o Landscape Plan o Significant Land Use Change o Native Plant Permit o Minor Land Division 2. GENERAL DATA RE UIRED Assessor's Parcel Number(s) General Plan Designation 217-25-OD2B obcconfim,cabvsca`t) own Center Plannin Cxzoss :Area (Acre/Sq. Ft:} ' Current Zoning .(~ ac e olmconfirmed'bvstaif} °1~4 and II Development/ProjectNamc Proposed Zoning arana Mercantile Rezane Project Location N, of Marana Rd k3. of I-11;3 Fronta e Rd, 3:, of U toxa at Description of Project 271 125 S3? Commercial Retail 1'rvpettyOwner Diversified Partners >.levelc~ , ent loom an Street Address 5635 N Scottsdale Read. Suite 150 City State Zip Code Phone Number Fax Number 33-Mail Address elizabeth @ Scottsdale AZ 8525:0 484-9~+7-88UQ 480-947-883(7 d cre.eom Contact I'crsttn 3?hone Number iz Oaston 4$iJ-947-88(}Q Applicant Same as Property Owner Street Address City State Zip Czrde Phone Nurrtber Fax Number E-Mail Address Contact:Person Phone Number AgentlRepresentative ` T he plannn Center Street. Address 110 South Church Avenue Suite City State Zip Cade Phone Number Pax Number r ~ s a e s @ lmo Tucson AZ 85701 520-6.23-b146 20-622-1950 az Tannin center. Contact Person Town of Marana Linda Morales Business License No. 10691 3. AUTI30RIZATION OF PROPERTI' OV1'NER I, the undersigned, certify thatall of the facts set forth in this applicationare true to the best of my knowledge and that I am either the owner of the property or that I havebeen authorized in lvritin~ by the owner to fale this apl3licatian and checklist. (If not owner of record, attach written authorization from the awner Print Name of A IicantlA ent Si azure Date i• • X:\SHARED FILES\Review ChecklistlApplieation.doc May 2005 Regular Council Meeting -November 18, 2008 -Page 163 of 164 rea .om • ~ ~ rs°~ Marana Mercantile Rezone ~>~ ; ~, ~'~ ~- ~ ~` ~ `~ CASE PCZ-08013 T~'~fi'~'f~J nF f~,~~~tPAf~l.~. Villages of Tortoiita Specific Plan Area 0 o', cr, W SAGEBRUSH RD o Subject Prope rty z Q :I, Z S L an ucas C Uptown at Marana Spec fic Plan Area /~TF ~t'S, T ,y, ~' 'D W MARANA R G Circle K Marana Chevron 0 cc 0 Q 0 z d Z W DR IER RD Request o 700 ,aoo ~c. " A request for approval to rezone a 39.09 acre parcel from R-144 (Residential - 144,000 square-foot minimum lot size) & HI (Heavy Industrial) to VC (Village Commercial). a 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 us °f °a ~~ u f ~ ' ~ na' e u~ r o ncR t i ee -November 18 2008 - Pa a 164 of 164 A RESOLUTION TO OPPOSE THE CROWN COMMUNICATIONS WIRELE55 COMMUNICATION FACILITY AT 5541 W LINDA VISTA #CUP-0$047 Whereas, the Hartman Vistas Homeowner's Association Board of Directors recognizes the importance of developing infrastructure in the Town of Marana to promote and sustain growth. Whereas, the CROWN COMMUNICATIONS WIRELESS COMMUNICATION FACILITY AT 5541 W LINDA VISTA #CUP-08047 is in front of the Marana Town Council for approval of a conditional use permit. IVow therefore, it is hereby resolved as follows: The Hartman Vistas Homeowner's Association. Board of Directors opposes the proposed location site at 5542 W Linda Vista for the Crown Communications wireless facility. The Board's opposition is based on the fact the proposed location does not adhere to or uphold the standards of the Town of Marana Development Code Title 23. Specifically, the Board recognizes the location would NOT conform to the following requirements under Title 23: The design does NOT "protect the integrity of the single family neighborhoods and maintain the character, identity and image of scenic areas", (23.01.01} The design does NOT "blend with the existing characteristics of the site" and exceeds the height restrictions and violates our design guidelines, (23.04.08} The design does NOT "minimize visual impact" (23.04.08} .The Board further recommends the project site be relocated to a nearby location that DOES protect the integrity of our neighborhood and minimizes visual impact. The Board urges The Town Council to act on the aforementioned recommendations. Resolved, adopted arod effective this 16t~' day of October, 2008. um er ,President Atte Adam arcs, Director The Tawn of Martina 115551lllest Civic fear l?civ~, Buis A2 Martina, Arizona 85553 Attention : l~rian Van~ey This is a ~c)rteSt letter he ~tegaed m the ~ ~ t~ #t~1t is l at ~4~ 1l~. linda S~ul~v. i ha++e itxd ~ t#~ oe~ tower san~ation ~,rps and it is very h'~fi and ur~,ct~e. ~t ~ t~ tie + ~ treys ~~ bye t1- ~We. # lixe ~ ##~e street to the i~i1N acrd how ~ tt~ r ~ ttte ~ l raker the Mlarae~a Toiei~e tQ GAref~l~e~ l~~ ` tf. John Harkey 96~ loll, Linda V Tucson, ~ 85742 ~_~-'~ MARANA STATEMENT OF AGENDA CONFLICT I, ,_~/`~~~/ , declare a conflict on Agenda Item " S ,entitled: ~/~~ ~ _ ~~ For the following re/ason(s): Goo /ICJ ~! i ,G ` 8 ©~ Signature Date