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HomeMy WebLinkAbout05/21/2009 AMENDED Council Agenda PacketAmended on 5/20/2009 at 2: 40 p. m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 2I, 2009, 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 COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others please turn off or put in 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 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting -May 21, 2009 -Page 1 of 266 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 Wednesday, May 20, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www,marana.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 ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS Marana Chamber 2009 1st Quarter Report (Ed Stolmaker, President/CEO, Marana Chamber of Commerce) GENERAL ORDER OF BUSINESS 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. Regular Council Meeting -May 21, 2009 -Page 2 of 266 C l: Resolution No. 2009-69: Relating to Mayor and Council; adopting procedures for members of the Town Council and of special and standing boards, commissions, and committees of the Town to participate in public meetings by electronic attendance; and declaring an emergency (Frank Cassidy) C 2: Resolution No. 2009-70: 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 (Terry Tometich) C 3: Resolution No. 2009-71: Relating to the Police Department; approving and authorizing the Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency (Terry Tometich) C 4: Resolution No. 2009-72: Relating to Utilities; approving and authorizing the execution of the Modification to the Membership Agreement to the Services Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona (Ann Meaders) C 5: Resolution No. 2009-73: Relating to the Police Department; approving and authorizing full execution of a Grant Agreement (HT19-09-1711) with the Arizona Criminal Justice Commission to receive funding under the High Intensity Drug Trafficking Area Grant Program (T VanHook) C 6: Resolution No. 2009-74: Relating to Development; approving the release of the Private Improvement Agreement for Northwest Fire District Station 38 located at 8475 N. Star Grass Road and acceptance of public improvements for maintenance (Keith Brann) C 7: Resolution No. 2009-75: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc. located at the northeast corner of Ina Road and Camino de Oeste (Jocelyn C. Bronson) C 8: Minutes of the April 28, 2009 special .council meeting, May 5, 2009 regular council meeting, and the May 12, 2009 special council meeting C 9: Resolution No. 2009-78: Relating to Real Estate; vacating and abandoning any Added Late rights of ingress and egress granted to the public by the easement recorded in Docket 7718, Page 333, Pima County Recorder's Office, including any previously recorded versions and as it may have been amended, located within the Town limits of the Town of Marana; and declaring an emergency (Keith Brann) COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2009.06: Relating to Development; rezoning Changed approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue from R-36 (single family residential -minimum lot size of 36, 000 square feet) to NC (neighborhood commercial) for the QuikTrip Corporation (Kevin Kish) A 2: PUBLIC HEARING: Ordinance No. 2009.07: Relating to Development; rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, Regular Council Meeting -May 21, 2009 -Page 3 of 266 approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials (Kevin Kish) A 3: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double- tracking through the Town (Keith Brann) A 4: Ordinance No. 2009.08: Relating to Transaction Privilege Tax; amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date (Erik Montague) A 5: Resolution No. 2009-76: Relating to Budget; approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency (Gilbert Davidson) A 6: Resolution No. 2009-79: Relating to Water; approving and authorizing the Mayor to Added Late execute a Purchase, Settlement and Termination Agreement with the Cortaro-Marana Irrigation District and the Cortaro Water Users' Association; and declaring an emergency (Frank Cassidy) BOARDS, COMMISSIONS AND COMMITTEES B 1: Resolution No. 2009-77: Relating to Boards, Committees and Commissions; approving and authorizing the re-appointments of John Soper and Joe Reilly to the Board of Directors of the Dove Mountain Resort Community Facilities District (Jocelyn C. Bronson) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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 possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: 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 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 Council Meeting -May 21, 2009 -Page 4 of 266 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 -May 21, 2009 -Page 5 of 266 m v L CC G U L L O 0 L L c~ L L N b~ ; !.'k. P, S i \~. 1~ ~ ~ d' 03 1` ~ ' d M 00 ~ ~ CC N N ~ c ~ ~. r. ~ .~ N ~ N ~ _ • L L Q ~ O~ • ~ ~ // ^^ v/ O ~ ~+ ' ~ ~ r ^ A O L Q = u. 00 O N t3? 0 ~.,. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Progress and Innovation Item C 1 Subject: Resolution No. 2009-69: Relating to Mayor and Council; adopting procedures for members of the Town Council and of special and standing boards, commissions, and committees of the Town to participate in public meetings by electronic attendance; and declaring an emergency Discussion: The Arizona Open Meeting Law defines a "meeting" to include a gathering "through technological devices..." The Arizona Attorney General has prepared a publication entitled "Agency Handbook," which acknowledges that members of a public body may participate in a public meeting by telephone or video conference if the public body adopts guidelines for the telephonic participation that ensure that members of the public and members of the body itself are fully aware of the member's telephonic participation and are able to hear all communications with the member who is participating by telephone. The resolution proposed for approval at tonight's meeting addresses all of the issues raised in the Agency Handbook, and is modeled after a resolution adopted by the City of Tucson for telephonic participation. ATTACHMENTS: Name: ^ Telephonic Partici ap tion Resolution ~00014731)._DOC Staff Recommendation: Description: Electronic Attendance Resolution Staff recommends approval of Resolution No. 2009-69. Type: Resolution Suggested Motion: I move to approve Resolution No. 2009-69, establishing the procedures for telephonic participation at public meetings by members of the .Town Council and Town boards, commissions and committees. Regular Council Meeting -May 21, 2009 -Page 12 of 266 MARANA RESOLUTION N0.2009-69 RELATING TO MAYOR AND COUNCIL; ADOPTING PROCEDURES FOR MEMBERS OF THE TOWN COUNCIL, AND OF SPECIAL AND STANDING BOARDS, COMMISSIONS, AND COMMITTEES OF THE TOWN TO PARTICIPATE IN PUBLIC MEETINGS BY ELECTRONIC ATTENDANCE; AND DECLARING AN EMERGENCY BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. A member of the Town Council or a member of any special or standing board, commission or committee of the Town of Marana may participate in a public meeting of the public body by electronic attendance pursuant to and in a manner consistent with the provisions of this resolution. SECTION 2. A member may be present and participate in a public meeting of the public body by electronic attendance, subject to the following requirements and conditions: A. Except in cases of emergency, such as illness, a member who desires to participate in a meeting of the public body by electronic attendance shall give notice of intent to participate by electronic attendance to the Clerk and the Chair not less than 48 hours prior to the meeting. B. The member participating by electronic attendance must call in to the Clerk at the scheduled start time for the meeting and provide an individualized password to confirm the member's identity. The member shall also advise the Clerk of the member's location, phone number and whether other persons are with the member. If the electronic connection is lost during the meeting and then re- established, the member shall provide the Clerk with this information again. C. The member must participate in the roll call at which time the Clerk will indicate that the member is participating by electronic attendance. D. A member participating by electronic attendance may vote on all matters in the same manner as those members physically present. When a member participates by electronic attendance, all votes shall be by roll call. E. All reasonable efforts will be made to ensure that presentations before the body will be available to members who participate by electronic attendance. F. Reasonable means will be used to allow members of the public to hear or follow the participation of all members, including those who participate by electronic attendance. G. Members may not participate in executive sessions by electronic attendance. H. No more than one member may participate in a meeting by electronic attendance, except that not more than two members may participate by electronic attendance Regulq~~i~~gz0y21, 2009 -Page 13 of 266 _ 1 _ from a single remote location and through a single electronic connection. If more than one member asks to participate in a meeting by electronic attendance, preference will be given to the first member to notify the Clerk. SECTION 3. The following definitions shall apply to this resolution: A. "Chair" means the Mayor for purposes of the Town Council and means the Chair of the public body for other boards, commissions and committees. B. "Clerk" means the Town Clerk for purposes of the Town Council and means the staff member responsible for keeping the minutes and taking the roll of any other public body. C. "Electronic attendance" means the attendance of a member of the public body by telephone, video conference, or other technological devices, where the member is not physically present at the noticed location of the meeting. D. "Public body" includes the Town Council and any other board, commission, or committee of the Town of Marana. SECTION 4. The agendas of all meetings for which a member of a public body may or will participate by electronic attendance shall include a statement that one or more members of the public body may participate by telephonic or video communications, by the insertion of the following: "Members of [name of public body] may attend either in person or by telephone or video conference call." SECTION 5. If a member is participating in a meeting by electronic attendance, the public meeting place shall have facilities that permit members of the public to hear all communications from and to the member vvho is participating by electronic attendance. SECTION 6. The minutes of any meeting in which a member is participating by electronic attendance shall identify the members who are so participating and shall describe the procedures used to provide the public with access to all communications during the meeting. SECTION. 7. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 8. Whereas it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption, PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 2I sc day of May, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~i~~gZp921, 2009 -Page 14 of 266 _ 2 _ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Community Building Item C 2 Subject: Resolution No. 2009-70: Relating to the Police Department; approving and authorizing the Chief of Police to execute an intergovernmental agreement between the Marano Police Department and the State of Arizona Department of Public Safety Arizona Counter Terrorism Information Center regarding the statewide terrorism liaison officer program Discussion: The proposed intergovernmental agreement (IGA) is for the purpose of enhancing domestic preparedness and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response services in the state of Arizona. Pursuant to the IGA, the Marana Police Department (MPD) would agree to assign a police officer to work as a certified terrorism liaison officer (TLO) with the Department of Public Safety (DPS) Arizona Counter Terrorism Information Center (ACTIC). The TLO would be required to complete training provided by DPS ACTIC in order to become certified. The certified TLO would then be required to work 40 hours per month with DPS ACTIC in activities related to domestic preparedness, CBRNE response services and any activities associated with terrorism. awareness. DPS ACTIC will provide a CBRNE-capable vehicle and other equipment to the Marana Police Department certified TLO for his or her use during the period of the agreement. The IGA has no expiration date but may be terminated by either party with or without cause with 30 days written notice. Financial Impact: The IGA provides that neither party shall charge the other party for administrative fees for any work performed pursuant to the agreement. ATTACHMENTS: Name: Description: Type: ^ Reso re IGA for TLO w- ACTIC UASI LeYel_A Resolution Resolution (00014679~_DOC D Exhibit_.A._L.GA w-DPS TLO Exhibit A Exhibit program, UASI Level A Regular Council Meeting -May 21, 2009 -Page 15 of 266 {00.0...14680),.pdf Staff Recommendation: Staff recommends approval of the IGA. Suggested Motion: I move to approve Resolution No. 2009-70, 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. Regular Council Meeting -May 21, 2009 -Page 16 of 266 MARANA RESOLUTION N0.2009-70 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 WHEREAS the Marana Police Department and the State of Arizona Department of Public Safety desire to enter into an intergovernmental agreement for the purpose of enhancing domestic preparedness and Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response ser- vices in the state of Arizona; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the Intergovernmental Agreement be- tween the Marana Police Department and the State of Arizona Department of Public Safety, attached to and incorporated by this reference in this resolution as Exhibit A, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of the Intergovernmental Agreemento PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana,. Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 17 of 266 EXHIBIT A A. G. CONTRACT t~iO. POQ1.20~ - ~ Q" ~~ ~ ~ ~~ 5 ~ ~ ~ ~ ~. INTERGOVERNMENTAL AGREEMENT ARIZONA COUNTER TERRORISM INFORMATION CENTER STATEWIDE TERRORISM LIAISON OFFICER PROGRAM UASI LEVEL A This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona through its Arizona Department of Public Safety Arizona Counter Terrorism Information Center (ACTIC), hereinafter referred to as "DPS ACTIC", and the Marana Police Department, hereinafter referred to as "Agency". The purpose of this Agreement shall be to enhance domestic preparedness Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) response services concerning the activities of terrorism, through the cooperative efforts of the parties to this Agreement. DPS ACTIC is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41-1713 both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952 and the Agency is authorized and empowered pursuant to A.R.S. § 11-951 Et seq. and A.R.S. 9- 240 (B) (12). Now, in consideration of the mutual promises set forth herein, the parties to this Agreement hereby agree to the following terms and conditions: I. Participation The Agency agrees to assign a sworn police officer or law enforcement analyst who has been authorized by his/her Agency to respond as needed in support of the Agency and/or DPS ACTIC in accordance to the provisions of this agreement. This person is herein referred to as Terrorism Liaison Officer (TLO). Prior to receiving any reimbursements, equipment, and/or funding, the TLO must complete the TLO training offered by the DPS ACTIC. If the TLO fails to complete the training, he/she is ineligible for this program. A person who completes the training program is known as a certified TLO. During the duration of this assignment, the certified TLO must work at least 40 hours per month related to the purpose of this agreement. Specifically, the TLO will conduct activities related to domestic preparedness, . CBRNE response services, any activities associated with terrorism awareness and any of the activities listed in Exhibit A the TLO Weekly Timesheet. The TLO must submit a TLO weekly timesheet to DPS ACTIC documenting work relating to the purpose of this agreement. During the assignment period, the Agency and DPS ACTIC agree to allow the certified TLO to maintain all benefits, rights, and privileges available to said certified TLO as if they were assigned on a full-time basis to the Agency during this period. The assigned certified TLO must abide by all of the applicable rules and regulations of the Agency and are subject to the Agency's disciplinary process. Page 1 of 5 Regular Council Meeting -May 21, 2009 -Page 18 of 266 EXHIBIT A iI. Equipment and Vehicle(s) The vehicle(s) and equipment purchased for and assigned to said certified TLO shall be CBRNE capable and shall remain in the custody of the agency for use by the certified TLO pursuant to this agreement. Contingent upon the availability of Urban Area Security Initiative (UASI) funding, equipment and vehicles will be purchased by the Agency. Vehicles and equipment will be purchased from the current list of authorized equipment approved by the DPS ACTIC commander and in support of the Federal DHS authorized equipment list. All assigned and purchased equipment and vehicles issued to a certified TLO pursuant to this agreement will be maintained in good working order by Agency. The Agency will be required to make all necessary repairs to vehicles and equipment. In the event that issued or purchased equipment is damaged, lost, stolen or no longer operative, the Agency will be responsible for the expenses for replacement in kind, repair, or reimbursement, whichever is applicable. TLO vehicles purchased by the Agency will only be assigned to and operated by the designated certified. TLO. It will be the responsibility of the Agency to repair or replace in kind, the vehicle in the event of collision or theft. The vehicle will be maintained in good working order per the Agency's vehicle maintenance policies. If the Agency lacks vehicle maintenance policies, the vehicle will be maintained per the vehicle manufactures maintenance policies. The reimbursed grant monies have included funding for an extended warranty and a theft deterrent system to be purchased at the time of vehicle purchase. It is the Agency's responsibility to maintain the vehicle under the text of the warranty and per the manufacturer's recommended specifications. Maintenance expenses and items not covered by the extended warranty will be the responsibility of the Agency. The Agency represents that it is insured and will include all equipment, provided pursuant to this agreement, within the scope of the Agency's insurance coverage. III. Reimbursement for Travel Expenses Each agency is responsible to apply for reimbursement of all travel expenses related to a State of Arizona emergency incident (i.e. FEMA, AZ DEMA, etc.). Travel for DPS ACTIC approved TLO training shall be reimbursed by DPS ACTIC, subject to availability of grant funding, in accordance with Arizona Department of Administration guidelines. IV. Nondiscrimination The Parties shall comply with Executive Order 75-5 and 99-04, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliations, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. The agency shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. Page 2 of 5 Regular Council Meeting -May 21, 2009 -Page 19 of 266 EXHIBIT A V. Indemnification Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, agents, employees, or volunteers. VI. Arbitration Each party agrees to abide by Arizona Revised Statute 12-1518, State and political subdivisions; use of arbitration. During the term of this contract both parties shall by written mutual agreement agree to the form of arbitration at a subsequent time prior to the filing of any civil action. VII. Effective Date/Duration This IGA shall become effective upon the execution of three (3) originals by the parties and the filing of a copy with the Secretary of State, and shall remain in effect until such time that either party submits a 30-day written notice to terminate this agreement to the other party. Any modification of this agreement shall be by written amendment executed by the governing bodies of both parties. This agreement replaces any and all previous agreements regarding UASI TLO Level A participation executed by the parties regarding the domestic preparedness CBRNE response services and TLO program. VIII. Termination/Cancellation Either party may terminate this Agreement for convenience or cause upon thirty (30) days written notice to the other party. In accordance with Department of Homeland Security grant guidelines for vehicles and equipment purchased: 1) If participation is terminated, then all assigned and purchased vehicles and equipment acquired pursuant to this agreement shall be subject to the provisions between grantor and grantee as outlined in the original grant award. 2) After the normal life of the vehicles and equipment, final disposition is the responsibility of the Agency. Any notice required to be given under this Agreement will be provided by mail to: DP5 Marana Police Department Commander of DPS Intelligence Bureau Chief of Police Arizona Counter Terrorism Center 11555 W. Civic Center Drive P.O. Box 6638 - MD 3900 Marana, AZ 85053 Phoenix, Arizona 85005-6638 All parties are hereby put on notice that this contract is subject to cancellation by the Governor for conflicts of interest, pursuant to A.R.S. § 38-511. Page 3 of 5 Regular Council Meeting -May 21, 2009 -Page 20 of 266 EXHIBIT A IX. Recordkeeping All records regarding this Agreement, including officer's monthly TLO timesheets, must be retained for five (5) years in compliance with A.R. S. § 35-214, entitled Inspection and Audit of Contract Provisions. X. Fees In no event shall either party charge the other for any administrative fees for any work performed pursuant to this Agreement. XI. Jurisdiction Agency accepts that receipt of UASI federal grant funding requires it to permit its certified TLO{s) to work outside of Agency's regular jurisdictional boundaries. XII. Worker's Compensation Benefits Pursuant to A.R.S. § 23-1022 D., for the purposes of worker's compensation coverage, all employees covered by this Agreement shall be deemed to be an employee of both agencies. The primary employer shall be solely liable for payment of worker's compensation benefits. XIII. Non-Availability of Funds This Agreement shall be subject to available funding, and nothing in this agreement shall bind any party to expenditures in excess of funds appropriated and authorized for purposes outlined in this Agreement. IN WITNESS WHEREOF, THE PARTIES HEREBY SUBSCRIBE THEIR NAMES: State of Arizona Roger Vanderpool, Director Arizona Department of Public Safety Mara Police Department By: Terry T etich, Chief of Police Marana Police Department Date: ~ ~~-~(~"~ Date: °J-~ :tA Approved as to Form: Assis t Attorney General Approved as to Form: Frank Cassidy Town Attorney Date: ~~~~~!y ~ Date: Page 4 of 5 Regular Council Meeting -May 21, 2009 -Page 21 of 266 EXHIBIT A Exhibit A IC • ~,~.x7zouA~~ TLO Weekly Time Sheets ~'ya ,.~ Date: Name: TLO Number: Agency: Date Duty Description Hours Duty T e Callout T e Incident # or Location Du es Code Ca llout T es Code Administrative A Hosta e / Ban icade 1 Briefm s (commandki /other B Barricade (no hosta e 2 Calout /Incident Res onse C* Sus icious Powder 3 Lo En at ACTIC L Bomb Threat 4 Meetin M Bomb Dis osal / Investi ation 5 S ecial Pro'ects P HAZMAT 6 Trainin T Clandestine Dru Lab 7 TVA V** Fire Incident Involvin Evacuation) 8 Watch Center W PD Shootin Involvin Evacuation 9 PD/Fire Involved Accident 10 *All Callouts must have a catlout type code Ma'or Medical 11 and either an incident number or location S ecial Event scheduled 12 Protest 13 **All TVA's must have a location listed Hea Rescue De to ment 14 Other 15 Page 5 of 5 Regular Council Meeting -May 21, 2009 -Page 22 of 266 EXHIBIT A STATE OF ARIZONA OFFICE OF TIIE ATTORNEY GENERAL H CIVIL DIVISION ~ ~ TRANSPORTATION SECTION MEMORANDUM Brian D. Schneider Assistant Attorney General Direct: 602-542-8863 Fax:602-542-3646 INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P001-2009-001609 (DPS 2009-102), an Agreement between public agencies, i.e., Arizona Department of Public Safety and the Marana Police Department, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into! said Agreement. DATES ~ 1 ~-3 , 2009. BDS:In Attachment TERRY GODDARD Attorney General BRIAN D. SCHIVEIDER Assistant Attorney General Regular Council Meeting -May 21, 2009 -Page 23 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Progress and Innovation Item C 3 Subject: Resolution No. 2009-71: Relating to the Police Department; approving and authorizing the Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency Discussion: The proposed item authorizes the execution of a license agreement between the Town and Kai Properties which will allow the Marana Police Department (MPD) to use the described property to conduct canine handler training. At the present time, MPD does not have a dedicated location for canine handler training. Previously, training has taken place in Town buildings and offices, but this practice was discontinued due to damage caused by the canines when they alerted to narcotics. The MPD has since used abandoned property; however, it has become more difficult to secure locations for the training. The proposed license agreement will allow the MPD to use the land as well as a Quonset located on the property for canine handler training. The location of the property is ideal due to its proximity to the MPD main station and at the same time, its isolated location away from the general public. Approval of this item will allow the MPD to conduct regularly scheduled training at a regularly scheduled location. This will allow canine officers to better and more consistently maintain training logs for their canine partners. The canine partners will, in turn, have better credibility in court when the officers are called to testify, Kai Properties has agreed to allow the MPD to use the property free of charge. The MPD is required to clean up after using the property and to repair any damage caused by its use of the property. Financial Impact: None. ATTACHMENTS: Name: Description: Type: ^ Reso re Kai License Agreement fo..r_K9 training Resaiution Resolution (00014608). DOC Regular Council Meeting -May 21, 2009 -Page 24 of 266 ^ Exhibit A License_A~c reement w Kai__Propertes K9 training Exhibit A (00014609j.pdf Staff Recommendation: Exhibit Staff recommends approval of the license agreement allowing the MPD to use the described property for canine handler training. Suggested Motion: I move to approve Resolution No. 2009-71, approving and authorizing the Mayor to execute a license agreement with Kai Properties relating to the use of Kai Properties property for the purpose of Marana Police Department canine handler training; and declaring an emergency. Regular Council Meeting -May 21, 2009 -Page 25 of 266 MARANA RESOLUTION N0.2009-71 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH KAI PROPERTIES RELATING TO THE USE OF KAI PROPERTIES PROPERTY FOR THE PURPOSE OF MARANA POLICE DEPARTMENT CANINE HANDLER TRAINING; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana and Kai Properties desire to enter into a License Agreement that will allow the Marana Police Department to use certain described Kai Properties property for canine handler training on anon-exclusive basis; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the License Agreement between the Town of Marana and Kai Properties, attached to and incorporated by this reference in this resolution as Exhibit A, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Ma- rana. SECTION 2. 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 objec- tives of the License Agreement, SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 26 of 266 EXHIBIT A LICENSE AGREEMENT LICENSOR: Kai Prapefties [insert address] LICEfVSEE: Town of Marano 17555 W. Civic Center Dr. Marano, A2 85653 in consideration of Licensee's pertarmance of its obligations under this Agreement, Licensor hereby gives permission to Licensee to use a portion of Licensor's Property located in Section 5, Township 12.0, Range 12.OE, described as follows: That certain real Property owned by the Licensor that is generally situated east of interstate 10 and south of Tangerine Road shown on Exhibits A, S, C and D attached to and incorporated l,y this reference in this Agreement and legally described as follows: 1) Book-Map-Parcel 216-11-0020: E437.5' S360.17' & N964.97` E247.07' SE4 SE4 9.06 AC 5EC 5-12-12 2) Book-Map-Parce! 218-11-0010: E2 5W4 LYG E of SP RR &SE4 EXC PCL fN SE COR THEREOF 224.3$ AC SEC 5-12-12 Licensee may use the Property and a Quonset but located on the Property beginning on the date this Agreement is entered into for the purpose of canine handler training by the Marano Police bepartmertt and other law enforcement agencies as coordinated by and through the Marano Police ©eparkrrient, for as long~as permitted by this Agreement. Licensor shall have the right to modify or revoke the License at any Time, alt on the terms and conditions set Earth below, which Licensee promises to comply with and ab~ie by: This Agreement shall be binding upon Licensee, its hears, assignees and designees, and every reference to Licensee in this Agreement shall include and bind Licensee's heirs, assignees and designees. 2. Licensee covenants #hat it shall defend, indemnify and hold harmless Licensor, its officers, agents, and employees from any and af! claims, demands, causes of action, complaints, suits, losses, damages, injuries, and (abilities whatsoever (including those for costs, expenses, and attorneys' fees) to any person, persons, or Property arising out of either (1) the use of the Licensors Property by Licensee, ar (2} the negligent acts or omissions of Licensee. 3. Licensee agrees to maintain general liability Insurance, for the term of this Agreement in minimum amounts of $2,tJ00,Qd©.aQ per occurrence. This insurance shall be kept in force throughout the life of this Agreement. Licensor shall be added as an additional insured for the coverage and shat! be given written notice at least 15 calendar days prior to cancellation or reduction in coverage. Licensee agrees to deliver to Licensor a Certifrca#e of Insurance Regular Council Meeting -May 21, 2009 -Page 27 of 266 Page 1 of 2 EXHIBIT A prior to the commencement of any activity under this Agreement and a renewal certificate at least seven {7} days prior to the expiration of the Certificate of Insurance it renews. 4. This Agreement is perpetual, and shah remain in effect unless and until it is {a) terminated by written agreement of the parties or {b} revoked by and at the sole discretion of Licensor. 5. Licensor shat! give Licensee written notice of revocation at least 60 calendar days prior to the effective date of the revocation. S. If Licensee causes any damage to Licensor's Property, Licensee shall promptly make and pay for the repairs necessary to restore the Property to its pre-damaged condition. 7. Licensee shall abide by al! existing laws of the State of Arizona, County of Pima and Town of Marana. 8. This Agreement is subject to cancellation fvr conflict of interest pursuant #o A.R,S. § 38-511. 9. During the term of this Agreement, Licensee agrees to use the Property only for instruction and training for the Marana Police Department and other law enforcement agencies as coordinated by and through the Marana Police Department, with respect to canine handling. At ail times during the term of this Agreement, Licensee agrees to use the Property in keeping with best safety practices for canine handler training. Under no circumstances may Licensee {a) use or permit the use of the Property for any purpose other than for canine handler instruction and training, {b} cause or permit waste of the Property or {c} adversely affect Licensor's title and rights to the Property, including any water rights or any other rights owned or claimed by Licensor. 10. At the end of each day of its use of the Property, Licensee agrees that it will pick up and properly dispose of all trash and debris deposited on the Property as a result of Licensor's activities. 11. Licensee agrees to prov°sde a monthly schedule to Licensor detailing Licensee's anticipated use of the Property pursuant to this Agreement. Licensee agrees to provide 24-hour advance notice via telephone to Licensor if there are any changes to the monthly schedule. I N WITNESS WHEREOF, the parties have executed this Agreement effective as of the Licensee's signature date below. KAl PROPERTIES TOWN OF MARANA (LICENSOR} (LifCENSEE} Herberk Kai Da a Ed Honea, Mayer Date APPROVED AS TO FORM: Town Attorney Regular Council Meeting -May 21, 2009 -Page 28 of 266 Page 2 of 2 Office of The Pima County Assessor EXHIBIT A Book-Map•Parcet: 216-11-0010 Obligue..tmage Tax Year: 2010 Tax Area: 0&'!2 Taxpayerlnformation: Property Description: KAI HERBERT E2 SW4 LYG E OF SP RR & SE4 EXC PCL kN SE COR 2305 W RUFHRAUFF RD THEREOF 224.38 AC SEC 5-12-12 TUCSON AZ 85705-OD00 Valuatton Data: (FORMERLY 202-87.0010} 2009 ASMT LEGAL CLASS VALUE RATIO LAND FCV VACANTIAG (2) $220,fi25 16.0 iMPR FCV VACANTIAG (2} $30.382 16.0 TOTAL FCV VACANTIAG (2) $251,007 ?8.0 UMETED VACANTIAG (2) $159,59fi 16.0 VALUE Property Information: Section: 5 Town: 92.0 Range: 12.0E Map & Plat: 1 Block: Trail: Ru€e B DistricC 2 Land Measure: 224.38A Group Gode: Census Tract: 4611 Use, Cade;_ 4110 {FIEL D CROPS } File Id: 1 Date of Last Change: 7!12/2005 iCommercial Characteristics: SEQ-SECT Contract. Year Model 001-001 1981 456 3 002-001 1981 10i 3 Valuation Area: Condo Market 14 DOR Market: 43 MFR Neighborhood: Undefined SFR Neighborhood: 20463906 SFR Distr'~ct: 3 ;Recording Information Docket Page 6213 301 1 2010 ASSESSED ASM7 V_Ai 1ZE LEGAL CLASS VALUE RATIO $35,300 VACANTIAG (2} $220,625 16.0 $4,861 VACANTIAG (2} $29,547 16.0 $40,161 VACANT/AG (2} $250,172 16.0 $25,535 VACANTIAG {2} $182,240 16.0 ASSES$[D VALUE $35,300 $4,728 $40,028 $29,158 Page 1 of ] IPR Sqft. RCN RCNLD Model Description 0000000 1 $38,621 $14,3G7000NSET 0000000 f $23,318 $15,i80RETAILSTORE 980-02-08 Date Recorded Type EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 29 of 266 http://www.asr.co.pima.az.us/links/fi-~n Parcel.aspx`?parce1=216110020&taxyca~~2010 5/1 /2009 Office of The Pima County Assessor EXHIBIT A Book-Map-Pa rcel: 21 B•11-0020 Taxpayerlnformation: TGI I-1 D LANG PARTNERSHIP ATTN: THE WILLIAMSON GROUP 65D1 E GREENWAY PKWY STE 103 PMB 253 SCOTTSDALE AZ 85254-2070 Valuation Data: Oblique- Image Tax Year: 2010 Tax Area: Ol%9.t} Property Description: E437.5' S360.17' & N964.97' E247.07' SE4 SE4 9.08 AC SEC 5-12-12 2009 2010 ASMT ASSESSED. ASMT LEGAL CLASS VALUE RATIO VALUE LEGAL CLASS VALUE RATIO LAND FCV VACANT/AG {2) $227,000 16.0 $36,320 VACANTIAG (2} $272,400 i6.0 IMPR FCV $0 $D TOTAL FCV VACANTIAG {2) $227,000 16.0 $36,320 VACANTIAG {2) $272,40D 16,0 LIMETED VACANT/AG f2) $140,173 16.0 X22,428 VACANTIAG {2} $173,230 16.0 VALUE Property Information: Section: 5 Tovm: 12.0 Range: 12.0E Map & Plat: ! Block: Tract: Rule B District: 2 Land Measure: 9.OSA Group Code: 000 Census Tract: 4611 Use Code: 0002 {VACANT UNDETERMINED URBAN NON-SUBDIVED } File Id: 1 Date of Lasf Chance: 12!3012008 Valuatton Area: Condo Market: 14 DOR Market: 43 MFR Neighborhood: Under~ned SFR Neighbofiood: 20463906 SFR Disirici: 3 'Recording Information Dockel Page 0661 2333983.11-03 8258 22051988-04.05 ;Owner's Estimate: Tax Year Estimate 2008 5200,000.00 Regular Council Meeting -May 21, 2009 -Page 30 of 266 Date Rewrded EXH4BiT B ASS.E.SSE.D VALUE $43,564 $43,584 $27,717 Type Page 1 of 1 http:/Iw~vw.asr.co.pima.az.us/links/frm_Parcel.aspx?parcel=216110020&taxyea>=2010 S/1/2009 C J ~' o N °o_ N c w m ~ ~ ~ O E C N O ~- 'C m -1 d Of ~ tV '~ N Q C C ~ ~ ~ ~ g ~ 3 3 N J Z m ~ ~ `t Q ~ F~ M M ~ D a Q~ N N~ (6 c0 (6 N N L =~ ~wt~~cncna~~ ~ A~ W L Q V L J «ti~~ L'.. Q I- W 2 X W EXHIBIT C a m x w 3 A` W O V N N V N ~~~. N N ~ y a t9 ~ ~ r ~ L m J Q d ~ •~ o o c ~ ~ ~ ~ ~~ ~- Q-3 3 J Z~ m N ~~¢ Q I~ H U ~ ' ~ t~/1 V N ~ w w N C C C ~ a~~ d N N N~ NW N N Q .~a N N a.. ~wa¢c>5cnina~~ ~ a~ ~ii~.nnai~ ~~ ~ o ~,= ~o c^o c u c a >.'v co~c o' m a. a c '°'o E~~ ~ - ~~~ 'o `o ~~m ~~~ 0 N ~~~ v „o~ ~~~ p U C ~ N N F ~ yLO ~ N ~E~v O C d A ~ ~ ~ N doN~ N ~~~3 a~i~oa rnd m aayE ~O dN. 3" ar a.~ m -, A EcL y N"' L(n~ C d~ lO ~ ~ Q O N O Z rG N O ExHi~rr ~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: Ann Meaders ,Utilities Operations Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-72: Relating to Utilities; approving and authorizing the execution of the Modification to the Membership Agreement to the Services Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona to extend membership in the Water Conservation Alliance of Southern Arizona Discussion: The Water Conservation Alliance of Southern Arizona (Water CASA) is designed to improve the efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping and improving water resources management, and research and publication in these areas. The Town is currently a member of Water CASA and this modification to the membership agreement extends the Town's membership. The baseline funding for this organization is provided by annual contributions from members. Each member's annual contribution includes a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered. The annual membership contribution for the Town of Marana for fiscal year 2010 will be $7,944. Financial Impact: The amount of $7,944 is included in the Water Department's budget. ATTACHMENTS: Name: ^ Water CASA Resolution ~0014683).,_DOC ^ Exhibit A -Water CASA modifcation._ag reement,pdf Staff Recommendation: Description: Water CASA Modification Agt Reso Exh A to Reso: Water CASH Modification Agreement Type: Resolution Exhibit Staff recommend approval of the Modification to the Membership Agreement to the Services Agreement between Town of Marana Water Department and the Arizona Board of Regents, University of Arizona. Commission Recommendation - if applicable: Regular Council Meeting -May 21, 2009 -Page 33 of 266 The Utilities Citizen Advisory Commission recommends approval of the Modification to the Membership Agreement to the Services Agreement between Town of Marana Water Department and the Arizona Board of Regents, University of Arizona. Suggested Motion: I move to approve Resolution No. 2009-72, approving and authorizing the execution of the Modification to the Membership Agreement with Water CASA. Regular Council Meeting -May 21, 2009 -Page 34 of 266 MARANA RESOLUTION N0.2009-72 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE EXECUTION OF THE MODIFICATION TO THE MEMBERSHIP AGREEMENT TO THE SERVICES AGREEMENT BETWEEN THE TOWN OF MARANA WATER DEPARTMENT AND THE ARIZONA BOARD OF REGENTS, UNIVERSITY OF ARIZONA TO EXTEND MEMBERSHIP IN THE WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA WHEREAS the Water Conservation Alliance of Southern Arizona (Water CASA) and the Town share a common goal in the area of efficient use of the region's limited water resources, implementing effective conservation measures and rate designs, protecting community aesthetics and quality of life by promoting attractive, low-water-use landscaping, and improving water resource management in general; and WHEREAS the Water CASA is designed to allow municipalities in Southern Arizona to share experience, skills and information and to benefit from economics of scale in water conservation efforts; and WHEREAS funding for the Water CASA comes from annual contributions from member fees, calculated by assessing a base fee, an assessment based upon the service area population, and an assessment based upon the acre-feet of water delivered; and WHEREAS the membership fee for the Town of Marana, for fiscal year 2010, will be $7,944; and WHEREAS the Mayor and Town Council have determined that the Town's membership in the Water CASA is in the best interest of the residents of the Town of Marana. NOW,- THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Modification to the Membership Agreement between the Town of Marana Water Department and the Arizona Board of Regents, University of Arizona, attached as Exhibit A to this Resolution and incorporated here by this reference, to extend membership in Water CASA, is hereby authorized and approved. SECTION 2. The Utilities Director is hereby authorized and directed to execute said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Regulq~~~~i~6~~y~ 21, 2009 -Page 35 of 266 _ 1 _ PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of May 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regulq~~~~~~i~Q~~y~ 21, 2009 -Page 36 of 266 _ 2 _ EXHIBIT A MODIFICATION TO THE MEMBERSHIP AGREEMENT TO THE SERVICES AGREEMENT BETWEEN TOWN of 1VIARANA WATER DEPARTMENT AND The Arizona Board of Regents, University of Arizona This Modification provides for the following change according to the mutual agreement of both parties to this Subcontract. The Period of Performance is extended with a new termination date of June 30, 2010. Funding for fiscal year 2010 totals $7,944. All other provisions of the Membership Agreement remain unchanged. FOR Sponsor: Date FOR The Arizona Board of Regents, University of .Arizona: Date Lee Anne T. Peters, Contract Officer Regular Council Meeting -May 21, 2009 -Page 37 of 266 The University of Arizona EXHlBiT A Tucson INVOICE April 22, 2D09 TOWN OF MARANA WATER DEPT. Attn: Brad DeSpain WATER CONSERVATION ALLIANCE OF SOUTHERN ARIZONA Membership for FY2010 $7, 944.00. Please make check payable to: Water GASA -The University of Arizona Mail to: The Water Conservation Alliance of Southern Arizona FRS Account # 420370 P.O Box 210075 Tucson, AZ 85721-0075 Thank you fir your continued Director Please return a copy of this invoice with your check. CC:L~EGE O~ ARGIiIT~CTURE & Llt~[3SC?,PE ARCHITECTURE a Uf~IVERSIT'~ CF ~R]Za~lA Regular Council Meeting -May 21, 2009 -Page 38 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-73: Relating to the Police Department; approving and authorizing full execution of a Grant Agreement (HT 19-09-1711) with the Arizona Criminal Justice Commission to receive funding under the High Intensity Drug Trafficking Area Grant Program Discussion: The Anti-Drug Abuse Act of 1988 and the ONDCP Reauthorization Act of 1998 authorized the Director of The Office of National Drug Control Policy (ONDCP) to designate areas within the United States that exhibit serious drug trafficking problems and negatively impact other areas of the country as High Intensity Drug Trafficking Areas (HIDTA). The HIDTA Program provides Federal resources to those areas to help eliminate or reduce drug trafficking and its consequences. Law enforcement organizations within HIDTAs assess drug trafficking problems and design specific initiatives to reduce or eliminate the production, manufacture, transport, distribution and chronic use of illegal drugs and money laundering. In Southern Arizona, the HIDTA Program helps improve the effectiveness and efficiency of drug control efforts by facilitating cooperation between law enforcement agencies, supplying resources, coordinating information, sharing and implementing joint initiatives. These activities area coordinated and grant funds administered by the Arizona Criminal Justice Commission (ACJC). HIDTA funds are distributed in annual granting cycles. The application process brings stakeholders together to coordinate efforts, maximize resources, and share assets. Although the Town did not participate in the current years round of funding under this initiative, ACJC offered the Town of Marana an opportunity to participate in the HIDTA program after another partnering. agency withdrew from the program. Financial Impact: Under the grant agreement, the Town of Marana will reimburse salaries and employee related expenses up to $56,058 for services provided in coordination with the HIDTA Program. The contract period runs between January 1, 2009 and December 31, 2010. No transportation, training, equipment, or other cost reimbursement is allowed under the contract. ATTACHMENTS: Name: Description: Type: Regular Council Meeting -May 21, 2009 -Page 39 of 266 ~ Police_-_HIDTA CNA Resolution 2009.doc HIDTA Grant Agreement Resolution Resolution Staff Recommendation: Staff recommends approval of the Grant Agreement with the Arizona Criminal Justice Commission to receive funds under the High Intensity Drug Trafficking Areas Program. Suggested Motion: I move to approve Resolution No. 2009-73, approving the execution of a Grant Agreement with the Arizona Criminal Justice Commission for the purpose of receiving funds under the High Intensity Drug Trafficking Areas Program. Regular Council Meeting -May 21, 2009 -Page 40 of 266 MARANA RESOLUTION N0.2009-73 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF A GRANT AGREEMENT (HT 19-09-1711) WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION TO RECEIVE FUNDING UNDER THE HIGH INTENSITY DRUG TRAFFICKING AREA GRANT PROGRAM WHEREAS, the Anti-Drug Abuse Act of 1988 and the National Drug Control Policy Reauthorization Act of 1998 authorized the Director of The Office of National Drug Control Policy to designate areas within the United States which exhibit serious drug trafficking problems as High Intensity Drug Trafficking Areas (HIDTA); and WHEREAS, the Southern Arizona Counties of Cochise, La Paz, Maricopa, Mohave, Pima, Pinal, Santa Cruz, and Yuma are designated target areas under the HIDTA Program; and WHEREAS, the HIDTA Program provides federal funding to designated HIDTA areas to help eliminate or reduce drug trafficking and its harmful consequences; and WHEREAS, the Arizona Criminal Justice Commission has been awarded funding to coordinate efforts and administer grants in the Southern Arizona Regional on behalf of the Office of National Drug Control Policy under the HIDTA Program; and WHEREAS, the Arizona Criminal Justice Commission has awarded grant funding to the Town of Marana to reimburse salaries and employee related expenses for services provided in coordination with the HIDTA Program between January 1, 2009 and December 31, 2010; and WHEREAS, the Marana Police Department has assigned an officer to with the other community agencies as a regional partner in the HIDTA Program; and WHEREAS, under the terms of the HIDTA Grant Program the Town of Marana is eligible to receive funds in the amount of $56,058 from the Arizona Criminal Justice Commission for participation in HIDTA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Council approves the agreements and authorizes the Town Manager and staff to take appropriate actions to carry out the terms of the agreements with the Arizona Criminal Justice Commission. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 41 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 6 Subject: Resolution No. 2009-74: Relating to Development; approving the release of the Private Improvement Agreement for Northwest Fire District Station 38 located at 8475 N. Star Grass Road and acceptance of public improvements for maintenance Discussion: Approval of this Resolution will release the Private Improvement Agreement between the Town of Marano and Northwest Fire District as depicted on Exhibit A. By releasing this Assurance Agreement, the Town of Marano will accept for maintenance, including regulatory traffic control signs and street signs, approximately 300 linear feet of Star Grass Road. Improvements including a right turn lane were constructed as part of the Northwest Fire Station Number 38 project. Financial Impact: This item commits Operations and Maintenance funds. ATTACHMENTS: Name: ~ Resolution NWFD Sta 38.doc ^ Northwest Fire Station 38 Exhibit A•pdf Staff Recommendation: Description: Resolution NWFD Sta 38 Exhibit A Type: Resolution Exhibit Staff recommends Mayor and Council release the Private Improvement Agreement for Northwest Fire District Station 38 and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-74, approving the release of the Private Improvement Agreement for the Northwest Fire District Station 38 located at 8475 N. Star Grass Road and acceptance of public improvements for maintenance. Regular Council Meeting -May 21, 2009 -Page 42 of 266 MARANA RESOLUTION N0.2009-74 RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF THE PRIVATE IMPROVEMENT AGREEMENT FOR NORTHWEST FIRE DISTRICT STATION 38 LOCATED AT 8475 N. STAR GRASS ROAD AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Northwest Fire District, has completed the public improvements acceptable to Town standards in accordance with the Private Improvement Agreement for Northwest Fire Station 38, DPR 05317, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 300 linear feet of right turn lane and the appurtenances, as depicted on Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 43 of 266 ..,.~.....~~':: ~3,~.~. ~ 1 o"n x+. a "~ aN3~J3l ONtl N3A0J L+.a m..+..,>......,.rw.n ...~..-.....,.,...~~.+.+ wi ,.,, ,....,.r..-..,,..~,.n - - - - -- -. _.__....._.....__.----- ..._.....____ ,. ~' - - - - - - nrscw>o~rdxvurn •.<-~_W. „ ~-,~-~ ~+sx anxawa~vs~-~ siNawr3noamwavow~nena ~ .u[-osc-oz c.~su ~ HEx NOtiV1R 37.iH gp[ ~ ICI ~m >a w 4 n we. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item C 7 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Subject: Resolution No. 2009-75: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc. located at the northeast corner of Ina Road and Camino de Oeste Discussion: Kim K. Kwiatkowski, on behalf of Circle K Stores, Inc. is applying for a Location Transfer of a No. 9 (Liquor License) liquor license for premises located at the northeast corner of Ina Road and Camino de Oeste. 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 Regular Council Meeting -May 21, 2009 -Page 45 of 266 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. A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: Description: Type: ^ Approval_Reso Circle K.doc OPTION 1 -Approval Resolution Resolution ^ Disapproval Reso_C_ircle K.doc OPTION 2 -Disapproval Resolution Resolution _......_........._. Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION 1: I move to approve Resolution No. 2009-75, recommending the approval of a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc., located at the northeast corner of Ina Road and Camino de Oeste. OPTION 2: I move to approve Resolution No. 2009-75, recommending the disapproval of a Location Transfer of a No. 9 (Liquor Store) liquor license submitted by Kim K. Kwiatkowski on behalf of Circle K Stores, Inc., located at the northeast corner of Ina Road and Camino de Oeste. Regular Council Meeting -May 21, 2009 -Page 46 of 266 MARANA RESOLUTION N0.2009-75 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A LOCATION TRANSFER OF A NO. 9 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY KIM K. KWIATKOWSKI ON BEHALF OF CIRCLE K STORES, INC., LOCATED AT THE NORTHEST CORNER OF TNA ROAD AND CAMINO DE OESTE 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, Kim K. Kwiatkowski has applied for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., for premises located at the northeast corner of Ina Road and Camino de Oeste; 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 the northeast corner of Ina Road and Camino de Oeste 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 May 20, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., filed by Kim K. Kwiatkowski for premises located at the northeast corner of Ina Road and Camino de Oeste be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., filed by Kim K. Kwiatkowski for premises located at the northeast corner of Ina Road and Camino de Oeste be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 47 of 266 MARANA RESOLUTION N0.2009-75 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A LOCATION TRANSFER OF A NO. 9 (LIQUOR STORE) LIQUOR LICENSE SUBMITTED BY KIM K. KWIATKOWSKI ON BEHALF OF CIRCLE K STORES, INC., LOCATED AT THE CORNER OF INA ROAD AND CAMINO DE OESTE 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, Kim K. Kwiatkowski has applied for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., for premises located at the northeast corner of Ina Road and Camino de Oeste; 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 the northeast corner of Ina Road and Camino de Oeste 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 May 20, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., filed by Kim K. Kwiatkowski for premises located at the northeast corner of Ina Road and Camino de Oeste be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends that the application for a Location Transfer of a No. 9 (Liquor Store) liquor license on behalf of Circle K Stores, Inc., filed by Kim K. Kwiatkowski for premises located at the northeast corner of Ina Road and Camino de Oeste be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 48 of 266 ^-.~"r' ~i ~ ~~ ~~~ SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center, Apri128, 2009, at or after 6:00 PM ~t 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 SPECIAL MEETING CALL TO ORDER AND ROLL CALL All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Upon motion by Council Member McGorray, second by Vice Mayor Kai, passed unanimously. CALL TO THE PUBLIC PRESENTATIONS P 1: Presentation: Relating to the Fiscal Year 2009-10 revenue projections and Manager's recommended operating budget Gilbert Davidson led-.the presentation on the budget going into detail with some of the Leve13 tools presented in prior sessions. Before the overview, he recognized, thanked the team of Deb Thalasitis, Erik Montague, Barbara Johnson, Kevin Kish, Suzanne Machain and the Legal department for working so diligently over the past several months to work toward the goal of getting a balanced budget for the town. The overview began with budget goals for FY 2010. The primary goals were to maintain critical operations in public safety and infrastructure; to minimize the impact on personnel; to position the town for a quick economic recovery through good decisions and good investments; and a lot of effort to align those decisions with the Strategic Plan. Regular Council Meeting -May 21, 2009 -Page 49 of 266 Erik Montague then began the FY 2009 revenue update showing significant collections and resources that have been compromised and reduced at both the state and local levels. Currently, at a 14.8% negative growth number for this fiscal year. This is a fluctuating number but essentially a negative 15% year over year from 2008. Positive growth is probably not going to occur until 2011 or 2012. Privilege taxes for the town are about a negative 16% year over year -similar to the state. The state is not anticipating any positive growth unti12010 and into 2011. The state is counting heavily on one-time stimulus dollars to help create that effect. Ninety percent of the town's revenue funds come from the revenue sources. Those are associated mostly with permits and plan review fees. These are highly dependent upon the economy. The three main revenue sources have not significantly changed -there is still a $3.56M shortfall. These costs are going to be mitigated through a variety of cost savings already begun. He noted that the town has collected about $2M less than this time last year from permits, etc. Transaction Privilege Tax. The town is projecting to collect $18M in the next fiscal year. The General Fund is down 12% or $2.SM; decreases in retail and contracting partially offset by increases in lodging and restaurants; Transportation Fund down 33% or $2.7M. There could be some recovery before the end of this fiscal year or the beginning of the next. It could be six to nine months between the time a project is started until we see the revenues, and that will be challenge. We expect to see less collection of sales tax next year than this year. Shared Revenues. With the current economic climate, there are significant reductions in shared revenues. The auto lieu is down $97K; urban revenue sharing $540K; state shared sales tax $442K; HURF $5l OK. There is about $1M less in the General Fund just in sales tax. Licenses, permits and fees (development related) have tapered significantly since 2005. The commercial building does chase rooftops -hence the significant reductions. For the month of March there were two building permits. It is anticipated that there will be 12 major commercial projects which have been modeled in. Also 36 tenant improvements. Overall the numbers are down 38% or $1.3M. For the current calendar year we're anticipating averaging four permits per month. Mr. Montague then presented the 2010 General Fund Revenue Summary showing an ongoing total adjustment of $2.OM. This is accomplished from $1.2M in vacant position eliminations; FY 09 personnel adjustments of $400K and operating budget reductions of $1.2M. One time adjustments will help this fiscal year but not in subsequent fiscal years. This leaves a balance of $3.2M year over year shortfall. The town is adding back about $1.1 in reimbursable labor, supplemental requests of $SOOK, current health care costs of $300K, and other cost adjustments of $100K for a subtotal of $3.SM so that the total. projected shortfall for FY 2010 is $5.2M. Mr. Montague then gave an overall expenditure summary for FY 2010. The actual reduction is $2.7M or 7% year over year.. Regular Council Meeting -May 21, 2009 -Page 50 of 266 He then gave an overview of the General Fund Budgeted Transfers of $3,103,368, grant match, LTAF (Local Transportation Assistance Fund) grant match and bond debt service. These are basically cash transfers out of the General Fund. Next he presented an overview of the water utility fund expense summary. It incorporates rate structure, funds for central service cost reimbursement (the value of the service that the General Fund provides the water utility) and emergency funding. There is no significant change from FY 2008. The biggest portion of the change in the 2010 budget is Airport Fund capital improvement projects through the 2008 bonds - a 13% change. Mayor Honea asked if the Twin Peaks Interchange and Camino de Mariana was incorporated within the model. Mr. Montague responded yes, of about $1M in construction sales tax next year. Mayor Honea asked if state revenue is adjusted every year or only at the decade or mid decade census. Mr. Montague responded that it's based on the best information available. Mr. Davidson went into the FY 2010 Budget Modifications for Levels 1 and 2 and a portion of Leve13. He noted that strategies had been outlined in prior meetings. He then presented a slide that showed no action at Levels 1, 2 or 3 (Impact of Revenues and Expenditures on Reserves). A bar graph showing reserves, revenues and expenditures since FY OS-06 was shown. This showed the draw down on the reserves if nothing is done to minimize the decreased revenues. He then Went. into the issues that could occur if the reserves are drawn down to cover operating costs: The long term impact is that the bond rating would drop which means that we pay more in interest when we borrow money. He walked through the policy direction discussed in previous meetings starting with Level 1. These related to fee schedule adjustments, bed tax rate adjustment, allocation of staff and operations to HURF, CIP, health care costs and TPT enforcement and compliance. Bed tax is currently 3%, and most jurisdictions are at 6%. Vice Mayor Kai asked if the town is taking advantage of franchise taxes, such as Southwest Gas. Mr. Davidson responded that staff will be looking at that over the next year. Leve12 consists of operational reductions and cost avoidance of $250K through departmental savings via travel and training, suspending vehicle allowances, elimination ofnon-essential memberships, scaling back of some special events, increase the employee share of benefit costs, renegotiate and rebid contracts, eliminate the tuition reimbursement program and eliminate the Employee Housing Assistance Program. He then showed a new graph with the reduction and elimination of costs. The largest savings came from health care costs. Council Member Ziegler suggested that we look at all contracts annually to see where savings can be found. Leve13 is the elimination or reduction of services and personnel which amounts to $1.6M. Staff is recommending using one-half rather than three-quarters of the Transportation tax for infrastructure. There was $10.M at the beginning of the year. The Regular Council Meeting -May 21, 2009 -Page 51 of 266 specifics will be presented by Suzanne Machain in the next portion of the presentation. The total budget modification strategy as presented amounts to $2.65M as of Apri128, 2009. Over the next several weeks as management becomes aware of the employees desiring to take voluntary leave, that amount will be added to this amount. Mr. Davidson then highlighted the Next Steps. If approved by Council tonight, Apri129 would begin the voluntary reduction programs. Forms and applications will be available. Apri129-May 19 is the employee election period to sign up for voluntary programs where applicable. On May 5, staff will discuss with Council the 2010 health benefit rates. May 20 is when management will know what the voluntary reductions are and can present those to Council. He emphasized education, information and sharing the material with staff are critical in trying to develop a longer term financial plan. Suzanne Machain began by presenting Level 3 employee tools -the Phase I voluntary tools -and noted that staff is seeking Council approval for the VRIP, SIP and WRAP items. She noted two options for reduction in pay: voluntary furlough of a minimum of 5 days and a maximum of 15 days used in one day increments. Furlough days will receive preference for days off ahead of vacation. Furlough days do not affect vacation and sick leave accrual but do affect gross salary reported to Arizona State Retirement System (ASRS). Voluntary furlough days to be credited toward mandatory days if implemented. The next option would be reduction in hours or job share features and would be effective during FY 2010. The next program is the SIP (Separation Incentive Plan). Council Member Ziegler asked if WRAP was for classified employees only. Ms. Machain responded that it was. WRAP is intended to give an employee some security and preference if they accepted a WRAP assignment. However; that wouldn't entirely preclude them from layoff unless they go to another WRAP assignment. P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 8 - Termination of Employment, Section- 8-1-6 Layoff and Recall Ms. Machain presented item P2 regarding proposed amendments to the town's personnel policies and procedures -Chapter 8. She began with layoff and recall definitions and applicability of Section 8-1-6. Sections C, D and E. Next was the preparation and approval of layoff plans, notification and pre-layoff review meetings, establishing a procedure and timeline to meet the requirements of due process. Section F establishes a notice of layoff procedure the timeline; Section G is the PARB review, and Section H - the pre-layoff transfers provides for transfer and establishes rules for accrued leave balances and initial evaluation period if the employee is in a different classification. Section I was reworded for improved readability. Section J is the WRAP. She noted that most of this section is new, providing specificity and order to the layoff process. Council Member Ziegler asked how many days from a layoff notification does a person actually have? Ms. Machain stated that there is minimum 14 days prior to the effective date of the layoff. Ms. Thalasitis elaborated as to why this policy was coming to Council now. There was a 9~' Circuit Court decision which required the town to review its policies Regular Council Meeting -May 21, 2009 -Page 52 of 266 regarding due process elements. Ms. Machain noted that this was a first reading and that these would be coming back on May 5~' for council consideration and adoption. Upon motion by Council Member McGorray, second by Council Member Comerford, staff was directed to bring back the proposed amendments for adoption at the May S, 2009 meeting, passed unanimously. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Upon motion by Council Member Post, second by Council Member Comerford, passed unanimously. C 1: Resolution No. 2009-52: Relating toDevelopment; approving a release of assurances for Rancho Marana 154 Block 2'and acceptance of public improvements for maintenance C 2: Resolution No. 2009-53: Relating to risk management; approving and authorizing the Mayor to execute a tolling agreement with Timothy Widger and Acacia Nursery Inc. COUNCIL ACTION , A 1: Resolution No. 2009-54: Relating to Personnel; approving and authorizing staff to implement the Voluntary Reduction in Pay plan (VRIP) for fiscal year 2010; and declaring an emergency A 2: Resolution No. 2009-55: Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2010; and declaring an emergency A 3: Resolution No. 2009-56: Relating to Personnel; approving and authorizing staff to implement the Worker Recession Assignment Program (WR.AP); and declaring an emergency Items C1, C2 and C3 were considered and voted upon with one vote A roll call vote was taken due to the emergency clause in each resolution. Upon motion by Council Member Comerford, second by Council Member Post, Council voted in favor of all the items, passed unanimously. Regular Council Meeting -May 21, 2009 -Page 53 of 266 BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Consideration of a recommendation from the Parks and Recreation Citizen Advisory Commission relating to the July 4, 2009 Star-Spangled Event and consensus on direction for the event Tom Ellis gave a presentation asking for consideration of a recommendation from the Parks and Recreation Citizen Advisory Commission (P&RCAC) relating to the annual 4~' of July event. This is one of the largest and most costly events the town produces. He enumerated some options, noting that Council directed staff to consult with the P&RCAC in March and they met on April 16. The P&RCAC suggested a smaller event at Arizona Pavilions for 2009 and if that's not possible, then plan for the event atn Ora Mae Harn Park with a reduced scope and costs. The recommendation of the P&RCAC stated that it is an important tradition and a bright spot in a dark economy and fireworks were important. The P&RCAC consulted with the Marana Chamber and got abuy-in. Adelina Martin from the Parks department visited 88 businesses in the Arizona Pavilions and invited them to a meeting at Abbett Library on Apri129. Mr. Ellis indicated that the business owners are excited. He has talked to traffic engineering and the Marana police department. The preliminary investigations indicated that costs can be reduced by one-third. Fireworks sponsorship has been offered for $10,000 by a`community partner. Expenses typically run $100K for equipment and personnel.. It takes about 20 police officers to work the roads along with the Arizona Rangers and citizen volunteers. The majority of expenses come from park personnel and operations & maintenance. A large part of that money at Ora Mae Harn Park are in dealing with the logistics of bringing people up to north Marana. Last year about $17K was spent on traffic control and $5,000 on the parking lot preparation. A preliminary estimate is $37K for materials and entertainment with personnel being $30K. The budget, not approved in final form, is $SSK in materials and in-kind of about $44K. Mr. Ellis is seeking consensus for the 2009 event. All parking would be available at businesses. No shuttle service has been discussed yet. Fireworks could be set off next to the river or possibility from the undeveloped district park, He is hoping that businesses'will want to partner with the town, and that this will be a signature event for years to come in this location. Council Member Ziegler expressed concern about the timing for pulling off this event given the Manager's budget presentation as being in a crisis situation. Mr. Davidson addressed her comments. He suggested that this was an opportunity to engage the businesses and recoup revenues through sales tax on that night. He views it as a win-win for the community. This is a good alternative for families who may not have opportunities to do anything else. He sees it as an investment. Council Member Clanagan stated this could be the single biggest revenue generator for our town that we've ever had. A motion to direct staff to continue developing this project in Continental Ranch for 2009 was made by Council Member Clanagan, second by Council Member Posh Passed 6-1 with Council Member Ziegler voting nay. ITEMS FOR DISCUSSION/POSSIBLE ACTION Regular Council Meeting -May 21, 2009 -Page 54 of 266 EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS ADJOURNMENT Upon motion by Council Member Clanagan, second by Council Member McGorray, adjourned at 8:20 p.m. by unanimous approval CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the special Marana Town Council meeting held on Apri128, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -May 21, 2009 -Page 55 of 266 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, May 5, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present Patti Comerford, Council Member; present Carol McGorray, Council Member, present Jon Post, Council Member, present Roxanne Ziegler, Council Member, excused REGULAR MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:01 p.m, PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously. CALL TO THE PUBLIC John Stevens spoke regarding the bee problem he brought to Council's attention on previous occasions. He asked to see the rules that the Town inspector referred to when he came to inspect his property. PRESENTATIONS P 1: Presentation: Relating to Administration; summary of the Marana High School springy 2009 internshi~brogram Rebecca Kunsberg presented this item as an opportunity for real-life situations to learn about potential careers after high school. Two hundred sixteen internship hours were spent by the students learning about different departments within the Town. The interns were present at the meeting. Casey Clark thanked Council for the opportunity afforded the interns and spoke about his experience in the Parks and Recreation department working with Adelina Martin. He noted that teamwork was an important part of planning and holding a successful event. Rochelle Garafola spoke of her experience in the police department. She learned how to train a K-9 dogs and take fingerprints. Carina Lopez Regular Council Meeting -May 21, 2009 -Page 56 of 266 spoke regarding her experience in the police department. She was also part of the citizen's academy. She learned about dispatchers and the calls they receive and how the police department affects the community. She would like to teach that the police are a positive influence in the community. Jared Stewart interned in the Building Department. He learned about GFI's, reviewing building plans, and inspections at the Ritz and Lasertel. He feels it's important to educate people on how to build good buildings to avoid injuries. Casey Clark gave special thanks to many town employees who helped them with their experiences. Mr. John Sugameli, internship supervisor for the program, thanked Council and the various departments for their participation and interest in this program. ANNOUNCEMENTS/UPDATES PROCLAMATIONS Municipal Clerks Week Relating to National Public Works Week 2009 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan spoke about the April 26 Tour de Tucson dedication dinner and noted that the Tour had 1100 cyclists this past weekend. He has asked the honoree of the dedication dinner to come to a Town Council meeting. He also attended the 40~' anniversary of Pima Community College and attended a TREO presentation. He would like the Council to consider reinvesting with TREO at some time in the future. Council Member Post asked about invitingTREO to participate in our economic roadmap. Mayor Honea indicated that David Welsh would participate. Mayor Honea noted that he met with the Pina1 Mayor's group from southern Pinal County. They met in Coolidge and noted that many of these communities are similar to Marana in scope and size and have similar concerns and interests. He and Mr. Davidson met with. the Dove Mountain Civic Group last week. The RTA circular bus system was unveiled. He rode the circular in Oro Valley, Sahuarita, Green Valley and Marana and said that eventually the circular system will tie these communities into Sun Tran at the Laos Center, The run will be Monday through Saturday. The initial opportunities for riding will be in Continental`ranch and Dove Mountain. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Gilbert Davidson noted that the Council Executive report is submitted as part of the record. The Twin Peaks open house was held Monday night to very positive reviews. On May 11, the groundbreaking will occur at 9:00 a.m. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member McGorray, second by' Council Member Posh Motion carried unanimously. Regular Council Meeting -May 21, 2009 -Page 57 of 266 C 1: Resolution No. 2009-57: Relating to Administration; modifying the emergency procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency C 2: Item removed C 3: Resolution No. 2009-59: Relating to Development; approving and authorizing an amendment to the inmate classification criteria for the Marana Community Correctional Treatment Facility C 4: Minutes of the Apri121, 2009 special council meeting and the April 21, 2009 regular council meeting C 5: Resolution No. 2009-67: Relating to Real Estate; approving and authorizing the Mayor to sign a Consent to Assignment Agreement with Crown Communication, Inc. and Tower Development Corporation COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile Motion to approve moved by Yice Mayor Kai, second by Council Member Clanagan, to continue this item. to a date uncertain. Motion carried unanimously. A 2: PUBLIC HEARING:. Ordinance No 2009.05: Relating to Development; approving and authorizing an amendmentto the Land Development Code, Title 24, Section 24.01 Silverbell Road Corridor Overlay District Presented by Kevin Kish. Council Member Clanagan asked questions about paragraph 5, Mr. Kish responded that this would include restaurants that serve liquor or a grocery store that would have liquor for sale. He said it would not apply to a bar without having to go through an additional review process. Council Member Clanagan asked if any outreach has been done in the community. Mr. Kish responded that the overlay district committee had circulated information throughout the community and proper notice had been made. However, he noted that Bob Anderson, a member of the overlay district committee, was not in agreement Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 5-1 vote with Council Member Clanagan voting nay regarding the change in hours. Regular Council Meeting -May 21, 2009 -Page 58 of 266 Resolution No. 2009-60: Relating to Development; declaring the amendments to Title 24; Section 24.01 - Silverbell Road Corridor Overlay District, of the Town of Marana Land Development Code as a public record filed with the Town Clerk Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a S-1 vote with Council Member Clanagan voting nay regarding the change in hours. A 3: Resolution No. 2009-61: Relating to Development; approving and authorizing a preliminary plat for Tapestry Estates, Lots 62-153, Block 1, Block 2, and Common Area 'A' (Private Streets) Kevin Kish presented. Sarah Kennedy spoke regarding the archaeological artifacts on this site and the need to preserve Lots 145 and 147. She noted that this was a highly archaeology-sensitive area. It is referred to as the Hughes site and is unique. Mr. Kish noted that he had received a letter from Desert Archaeology recommending some changes to the final plat. John Kennedy spoke regarding the draft HCP for Marana that has a wildlife linkage corridor that it looks like it goes through Prospect Wash - in the middle of Tapestry -and urged Council to make sure that this corridor is maintained and whether there is a need for this road to bridge the Wash. Motion to approve moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried unanimously. A 4: Resolution No. 2009-62: Relating to Personnel; approving. and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8-1-6 "Layoff and Recall"; and declaring an emergency Presented by Suzanne Machain. Motion to approve moved by Vice Mayor Kai, second by Council Member McGorray. Motion carried unanimously by Roll Call vote. A 5: Resolution No. 2009-63: Relating to Personnel; approving and authorizing staff to implement the Transition Package for fiscal year 2010; and declaring an emergency Presented by Suzanne Machain. Motion to approve moved by Council Member Post, second by Council Member Clanagan. Motion carried unanimously by Roll Call vote. A 6: Resolution No 2009-64: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 5 -Work Rules; and declaring an emergency Presented by Suzanne Machain. She reviewed previous presentations to Council, including employee meetings and surveys of other similar jurisdictions. She also reviewed the pros and cons of an all-citizen, combination citizen and employee, and hearing officer only boards. Motion to approve moved by Council Member Clanagan, second by Council Member Comerford. Motion carried unanimously by Roll Call vote. Regular Council Meeting -May 21, 2009 -Page 59 of 266 A 7: Resolution No. 2009-65: Relating to Personnel; terminating the terms of the sitting and alternate citizen board members of the Town's Personnel Action Review Board; and declaring an emergency Presented by Suzanne Machain to terminate the current PARB and permit those citizen members to reapply if they so choose. Motion to approve moved by Council Member Clanagan, second by Council Member Comerford. Motion carried unanimously by Roll Call votes A 8: Resolution No. 2009-66: Presentation: Relating to Personnel; approving and authorizing staff to implement employee benefit rates for fiscal year 2010; and declaring an emergency Presented by Deb Thalasitis. Don Heilman, the consultant for the Gallagher group, then spoke to Council regarding the plan changes. He gave a brief review of the Gallagher company and their financial and business strengths. Ann Berkman talked about the roll- out of the open enrollment plan. One of the elements is to increase employee awareness. Managing costs is also a focus for Council and for employees. She emphasized that this is a mandatory open enrollment year and is very different from what has been done in the past. The kick-off is the Wellness Benefits Fair on Friday, May 8. She noted that this would be informational as well as fun, and that several vendors will be present. Motion to approve moved by Council Member McGorray, second by Vice Mayor Kai. Motion carried unanimously by Roll Call vote. Mayor Honea congratulated the team who worked on this plan for their excellent work. Council Member Clanagan also thanked Suzanne Machain and her department. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Le isles Steve Huffman noted that the Legislature has been meeting all day today - the House met on a budget. The big-issue facing cities and towns is the municipal rebate. He then described what the Legislature is attempting to do with the municipal rebate. This would require cities and towns to give the Legislature a share of revenues. They are about $2.7 billion hole in the state budget now. He noted that this is not just a problem for the next two fiscal years, but is an ongoing concern in the coming years, so local budgets should be made with this in mind. Michael Racy spoke and noted that the $2.7 billion is more like $3 billion. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda 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 Regular Council Meeting -May 21, 2009 -Page 60 of 266 position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: 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 E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Legal Department regarding potential settlement of Tucson Water utility relocation costs for the Thornydale Road and Silverbell Road public works projects Motion to direct staff to proceed as discussed in executive session moved by Council Member McGorray, second by Council Member Comerford Motion carries S-0, with Council Members Ziegler and Post excused FUTURE AGENDA ITEMS Council Member Clanagan asked for an item to have TREO come back to Council to review TREO's ability to work with the town. Mayor Honea said he would bring this back as a general item, to start talking again with TREO and how we can do the process. for economic development. Mr. Davidson asked what the timeframe would be. Council Member Clanagan asked fore it whenever it can be fit into the schedule. Mayor Honea reiterated that this is not intended as an obligation but for discussion as to how to start working together again. ADJOURNMENT Motion to adjourn moved by Council Member Clanagan, second by Vice Mayor %ai. Motion carried unanimously. The meeting was adjourned at 8:41 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 5, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -May 21, 2009 -Page 61 of 266 SPECIAL COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Board Room, May 12, 2009, at or after 6:00 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 ,,~ SPECIAL MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 6:03 p.m. All present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion to approve moved by Council Member Post, second Council Member McGorray. Motion carried unanimously. CALL TO THE PUBLIC Larry Steckler spoke as a member of the task force that reviewed Council salaries. He asked that Council set an example for the community and the staff by delaying their salary increases until the financial crisis is resolved. He noted that he felt the Council deserved their increases, just asked that they postpone receiving them, PRESENTATIONS P 1: Presentation: Relating to Finance; discussion and consideration of the proposed comprehensive fee schedule and various rate and fee adjustments Erik Montague began presentation by referring to the detail in the packets. He began with a comprehensive fee schedule overview, noting that the existing fee structure is a combination or series of items that have come before Council throughout the years and need to be amended, changed, modified and adjustments made. Tonight's presentation is done to formalize the change. There are 540 different types of fees. These changes are proposed as part of the FY 2010 budget strategies at the Level 1 option. The goal is to Regular Council Meeting -May 21, 2009 -Page 62 of 266 get one centralized schedule of all fees and rates currently being charged to customers across all departments and eliminate duplications or redundancies. He then gave a summary of proposed changes in a 21-page schedule, many of which are development services related. He referenced a summary of proposed changes to the comprehensive fee schedule contained in the council packet. Council Member Ziegler asked questions regarding pool fees. Mr. Davidson responded that this was the appropriate time for Council to voice their concerns. These changes will be made at the direction of Council. Council Member Clanagan referenced the police ID card (on page 32 in the packet). Live scan fees -prints for volunteers -can that fee be waived rather than increasing because it is done electronically. There was discussion as to whether the process required a staff member to monitor, and if so, that cost should be included in the cost of service. Vice Mayor Kai stated that if fees are raised in development services, we need to turn projects around quickly, noting that developers are willing to pay the fees for timely service. Mr. Montague responded to both inquiries by stating that fees are calculated based on time and materials. Mr. Davidson said that often the cost of maintenance of technology or to maintain software licensing and equipment has been factored. into the fee increases. Council Member Ziegler reiterated the need for putting that in~the cost of service. Motion moved by Council Member McGorray, second by Council Member Ziegler, recommended that staff bring this item back to Council for consideration at the June 2, 2009 meeting. Council Member Comerford asked that the new water fees be incorporated as part of the recommended fee increase. The motion was amended to include that language. Motion carried unanimously. P 2: Presentation: Relating to Transaction Frivilege Tax; amending the tax code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date Erik Montague referenced other municipalities in the region for comparison purposes. He noted that the tax rate does not apply to commercial or residential rentals. The Town's current rate is 3% - he is asking to modify to the rate of 6% similar to other cities and towns. There is an intergovernmental agreement between the town and Department of Revenue for a process to notify them of changes in the tax code. They have been informed that this is under consideration by Council. Staff is working with external organizations to put together aforum/venue/opportunity to discuss or get clarification. The budgetary impact is identified within the Council materials. This is a Level 1 adjustment. It is anticipated to collect about $500,000 in revenue for the fiscal year starting in July. Vice Mayor Kai asked what the impact would be to the Ritz Carlton. Mr. Montague noted that the development agreement with Cottonwood Properties identifies with Scottsdale and Phoenix and Tucson's average rates as benchmark groups. If it exceeds that, there would be some return. Council Member Clanagan referred to a 2008 memo from Josh Wright where Phoenix is at 3%. If the town collects -what percentage goes to the Ritz Carlton? Mr. Montague stated that he would have to consult with legal counsel regarding earnings as that Regular Council Meeting -May 21, 2009 -Page 63 of 266 information is confidential. Council Member Clanagan noted that under the agreement it seems like people who stay at the Super 8 are subsidizing people who stay at the Ritz Carlton. Mr. Montague clarified that this would not be the case. Motion moved by Council Member Ziegler, second by Council Member McGorray, staff is directed to bring this item back to Council for consideration at the May 21, 2009 meeting. Motion carried unanimously. P 3: Presentation: Relating to a the proposed Capital Improvement Plan for Inclusion in the FY 2010 Budget Gilbert Davidson recognized staff effort in working through this plan. It has taken almost a year to vet through the CIP projects. T. Van Hook and staff from other departments worked many long hours to come up with the comprehensive report before Council. CIP has been impacted as much as other projects and will need Council direction to move forward. Erik Montague then gave an overview noting. that this was the second full year of the CIP process committee working together. He began with the background which started the CIP manual in May 2007 to identify projects and programs. The 2010 chair was T. Van Hook. Focus groups were established to evaluate the process. He then summarized the process schedule. The objectives were to identify the town's infrastructure needs over several years and guide the development of the annual capital budget and multi-year CIP and prioritize the needs and ongoing maintenance costs. He also spoke to identifying options to address and fund priorities. He demonstrated how the CIP projects fit into the town's strategic plan and explained the program ranking and the objectives. The strategies are to coordinate capital needs with the operating budgets. Mr. Montague then discussed transportation projects -Twin Peaks Interchange and Camino de Mariana -the biggest projects regionally, with RTA being the administrator. He answered questions on true costs of the project from Council Member Ziegler. Mr. Davidson explained that this is just the amount expected to complete the project through the next fiscal year. Council Member Ziegler asked that the total cost of the project be made known to the public. Mr. Davidson indicated that they would do a breakout cost of the project. Mr. Montague continued with the presentation, noting that staff is trying to line up the Camino de Mariana project to open with Twin Peaks. Under Parks and Cultural Projects there is the Silverbell District Park and the Heritage Park State Land Acquisition. Mr. Davidson will make sure that the full listing of projects will be given to Council. Neighborhood Projects include Honea Heights sewer improvement and Honea Heights Neighborhood Redevelopment. Airport Projects include the airport terminal, traffic control tower and land acquisition. Next Mr. Montague discussed water utility projects including the Camino de Mariana Water line, Twin Peaks Waterline and Hartman to Cortaro Interconnect. He then presented a slide on the 2010 preliminary funding by revenue source in the total amount of $136.9M. Gilbert Davidson stated that staff will continue to evaluate the projects to minimize any additional drawdown. The first two presentations will be incorporated into the June 2 meeting. Regular Council Meeting -May 21, 2009 -Page 64 of 266 ANNOUNCEMENT S/UPDATE 5 PROCLAMATIONS Ms. Bronson read the Ride of Silence Day 2009 proclamation in support of May as Bike Safety Month. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member Clanagan reported that he went on the MPA (Metropolitan Pima Alliance) Wild Ride last week. Mayor Honea attended the executive board meeting of SAHBA and was well-received. He also met with Tucson Mayor Bob Walkup and others. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Ms. Thalasitis reported that she had responded to Council's request for information regarding town leases with a memo. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA COUNCIL ACTION A 1: Resolution No. 2009-68: Relating to Personnel; amending the Separation Incentive Plan (SIP) approved by Resolution No. 2009-55 to expand the plan to apply to eligible employees who voluntarily retire or resign. effective Apri129, 2009 through August 31, 2009; clarifying the sick leave payout provision of the 5IP; authorizing staff to implement the SIP as amended and clarified; and declaring an emergency Suzanne Machain presented this item and noted that it is a re-submittal of the SIP protect approved on Apri128, 2009. Some employees have asked if they could resign before August 31. By this item, she is asking for expansion of the dates. In addition, she made a clarification that one of the incentives is the sick leave payout -and noted that accrued balances must be earned as opposed to leave that may have been donated to them. Motion to approve moved by Council Member McGorray, second by Council Member Ziegler. Motion carried unanimously by a Roll Call vote. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSION/PO5SIBLE ACTION D 1: Relating to Mayor and Council; discussion and action to set the date of the second regular Town Council meeting in May Regular Council Meeting -May 21, 2009 -Page 65 of 266 Mr. Davidson presented this item, noting that because of the May 19 election, the next regularly scheduled meeting date would be May 20. However, that is graduation night, and three of the Council Members would be attending the ceremonies. Motion moved by Council Member Clanagan, second by Council Member McGorray, the next regular Council meeting is changed to Thursday, May 21. Motion carried unanimously. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney''concerning any matter listed on this agenda FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved by Council Member Post, second by Vice Mayor Kai. Motion carried unanimously. The meeting was adjourned at 7:43 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on May 12, 2009. I further certify that a quorum was present, Jocelyn C. Bronson, Town Clerk Regular Council Meeting -May 21, 2009 -Page 66 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COL7NCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 9 Subject: Resolution No. 2009-78: Relating to Real Estate; vacating and abandoning any rights of ingress and egress granted to the public by the easement recorded in Docket 7718, Page 333, Pima County Recorder's Office, including any previously recorded versions and as it may have been amended, located within the Town limits of the Town of Marana; and declaring an emergency Discussion: On February 3, 2009, the Town Council held a public hearing concerning whether to vacate and abandon any rights granted to the public by various recorded easement documents, addressing an easement west of and in the western part of the Saguaro Ranch Development. There is considerable dispute and confusion as to whether or not the recorded documents give members of the public any rights over the disputed easement area. The dispute has led to repeated calls to the Marana Police Department by the owners and operators of McClintock's Restaurant, complaining about the activities of members of the public in the disputed area, and by members of the public using the disputed area and complaining about alleged interference by those who dispute the right of public access. The Town of Marana has never claimed or asserted any public right of ingress or egress over the disputed area, and the Saguaro Ranch Development was always treated by the Town of Marana as being an exclusive, gated community. Some members of the public who testified at the February 3 meeting asserted that the disputed easement should be the location of public access to Tortolita Mountain Park. However, the disputed easement does not extend all the way to Tortolita Mountain Park, and in any event, public access to Tortolita Mountain Park has always been planned for the east side of the Saguaro Ranch project, in an alignment which Saguaro Ranch is contractually obligated to provide, If approved, this resolution would vacate and abandon any alleged public rights of ingress and egress over the disputed area, to the extent they exist. This resolution takes no position one way or the other as to whether or not any such public rights currently do exist. It simply vacates and abandons those rights to the extent they do exist. This resolution will not affect, and will expressly preserve, any private rights of ingress, egress and utility access to individual properties along the disputed easement. This resolution recognizes that those Regular Council Meeting -May 21, 2009 -Page 67 of 266 rights are reserved southward from those individual properties. This resolution removes any arguable public right of ingress and egress over the disputed easement areas within Saguaro Ranch. If this resolution is adopted, any member of the public who uses the disputed easement within Saguaro Ranch without the permission of the property owner will be treated as a trespasser. ATTACHMENTS: Name: ^ Reso Vacating Saguaro Ranch__easement (00012711- 2)DOC ^ Saguaro Ranch OCD_of Abandonment._TSA1_. (00014776). DOC ^ O_v_erview_Map. (0..0..012960.)_ PDF Description: Reso abandoning rights in disputed easement Sample OGD of Abandonment Overview Map Type: Resolution Backup Material Backup Material Staff Recommendation: Town staff recommends approval of Resolution No. 2009-78. Suggested Motion: I move to approve Resolution No. 2009-78, vacating and abandoning any arguable rights of public ingress or egress over the disputed easement west of and in the western part of the Saguaro Ranch Development. Regular Council Meeting -May 21, 2009 -Page 68 of 266 MARANA RESOLUTION N0.2009-78 RELATING TO REAL ESTATE; VACATING AND ABANDONING ANY RIGHTS OF INGRESS AND EGRESS GRANTED TO THE PUBLIC BY THE EASEMENT RECORDED IN DOCKET 7718, PAGE 333, PIMA COUNTY RECORDER'S OFFICE, INCLUDING ANY PREVIOUSLY-RECORDED VERSIONS AND AS IT MAY HAVE BEEN AMENDED, LOCATED WITHIN THE TOWN LIMITS OF THE TOWN OF MARANA; AND DECLARING AN EMERGENCY WHEREAS certain instruments recorded in the Pima County Recorder's office purport to create and/or to acknowledge the existence of an easement (referred to in this resolution as the "Disputed Easement") west of and in the western part of what is now the Saguaro Ranch development; and WHEREAS the Disputed Easement is particularly described in the roadway legal description set forth in the instrument recorded in the Pima County Recorder's office at Docket 4769, Page 28, and in the instrument recorded in the Pima County Recorder's office at Docket 5700, Page 368, to the extent corrected and/or revised by the instrument recorded in the Pima County Recorder's office at Docket 7718, Page 333, to the extent relocated and/or revised by the instrument recorded in the Pima County Recorder's office at Docket 12269, Page 466; including any separate rights that may exist as a result of the same roadway legal description (as so corrected and/or revised over time) set forth in and/or referred to in the instruments recorded at the following Dockets and Pages of the Pima County Recorder's office. Docket 5843, Page 384 Docket 7729, Page 284 Docket 11280, Page 239 Docket 12710, Page 6938 WHEREAS some of the instruments relating to the Disputed Easement, including without limitation the instrument recorded in the Pima County Recorder's office at Docket 5700, Page 368, and the instrument recorded in the Pima County Recorder's office at Docket 7718, Page 333, contain language that purports to grant certain public rights over the Disputed Easement; and WHEREAS this resolution addresses any rights of ingress and egress that may have been granted to the public on or over those portions of the Disputed Easement located within the Town limits of the Town of Marana, which rights, to the extent they legally exist, are referred to in this resolution as the "Subject Public Ingress-Egress Easement Rights"; and Regul~j ~~I~IKI€s~~'Ib99-day 21, 2009 -Page 69 of 266 _ 1 _ WHEREAS the Town of Marana is authorized by A.R.S. §§ 9-240(B)(3)(e) and 28-7205 to vacate and abandon unnecessary Town roadways; and WHEREAS the Town of Marana is authorized by A.R.S. § 9-402(E) to convey to the appropriate underlying property owner without receiving payment an easement that the Town no longer needs; and WHEREAS the Town Council held a public hearing on February 3, 2009, after giving notice to all owners of property known or believed to have an interest in properties affected by the Disputed Easement, and heard extended testimony regarding whether or not to vacate and abandon the Subject Public Ingress-Egress Easement Rights; and WHEREAS the Town Council takes no position one way or the other as to whether or not the Subject Public Ingress-Egress Easement Rights legally exist; and WHEREAS the Town Council finds that the Town of Marana has not asserted any rights on behalf of the public, and does not intend to assert on behalf of the public any rights, over the Disputed Easement; and WHEREAS the Town Council finds that it is not feasible to use the Disputed Easement as a public roadway, and the Subject Public Ingress-Egress Easement Rights have no market value for the purposes of A.R.S. § 28-7215(B); and WHEREAS the Town Council finds that, in the event of the legal existence of the Subject Public Ingress-Egress Easement Rights, it is necessary to reserve certain private rights of ingress and egress to certain properties that may rely on the Disputed Easement as their only means of access; and WHEREAS the Town Council finds that disputes over the Subject Public Ingress-Egress Easement Rights among property owners and members of the public have resulted in numerous and repeated calls to the Marana Police Department; and WHEREAS the Town Council finds that this resolution is in the best interests of the Town and its citizens, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby vacates and abandons the Subject Public Ingress-Egress Easement Rights, as defined in the recitals above, which exist, if at all, in the Disputed Easement. SECTION 2. The Town Engineer is hereby authorized and directed to execute Quit Claim Deeds of Abandonment, vacating and abandoning the Subject Public Ingress-Egress Easement Rights, to the extent they exist, in favor of the respective underlying fee title owners of the properties where the Subject Public Ingress-Egress Easement Rights are purported to exist. Regul~~ji~~~~[~~t1~9_~lay 21, 2009 -Page 70 of 266 _ 2 SECTION 3. Each Quit Claim Deed of Abandonment executed by the Town Engineer pursuant to Section 2 of this resolution shall include the reservation of a private easement for ingress, egress, and utilities to properties that rely on the Subject Public Ingress-Egress Easement Rights as their only legally established means of ingress, egress, or utilities, from the point of existing access on or to the Disputed Easement southward and westward. SECTION 4. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. SECTION 5. It is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of May, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~j ~~~~~Si-day 21, 2009 -Page 71 of 266 _ 3 _ QUIT CLAIM DEED OF ABANDONMENT (Exempt: A.R.S. ~ 11-1134 (A) (3)) TITLE SECURITY AGENCY OF ARIZONA, an Arizona corporation, as trustee under Trust No. 773 (the "OWNER") holds fee title to the real property situated in Pima County, Arizona, which is referred to in this instrument as the "SUBJECT LAND" and generally identified as Pima County Assessor's Parcel Number 219-10-1150 and particularly described as Common Area C-Recreational of Saguaro Ranch South Amended subdivision, recorded in the Pima County Recorder's office at Book 59 of Maps and Plats, Page 69. The TOWN of MARANA, an Arizona municipal corporation, hereby quit-claims pursuant to A.R.S. ~~ 9-240(B)(3)(e), 9-402(E), and 28-7205 and "Town of Marana Resolution No. 2009-X~ in favor of the OWNER all rights, if there are an~_-, of ingress and egress over the SUBJECT LAND held by the TOWN OF MAR 1L \ on behalf of the public in the roadway legal description set forth in the instnunent recorded u~ the Pima County Recorder's office at Docket 4769, Page 28, and in the instrument recorded in the Pima County Recorder's office at Docket 5700, Page 368, to the extent corrected and/or reprised by the instrument recorded in the Pima County Recorder's office at Docket 7718, Page 333, to the extent relocated and/or revised by the instrument recorded in the Pvna County Recorder's office at Docket 12269, Page 466; including any separate rights that may exist as a result of the same roadway legal description (as so corrected and/or revised over time) set forth in and/or referred to in the instruments recorded at the following Dockets and Pages of the Pima County Recorder's office: Docket 5843, Page 384 Docket 7729, Page 28-1 Docket 11280, Page 239 Docket 12710, Page 0938 RESERVING from anv rights, if any, of the Town of Marana or the public that trans- fer to the OWNER pursuant to this instrument, the following: 1. Easements pursuant to A.R.S. ~ 28-7210 for the following as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurte- nances, and (b) electric, telephone and similar lines and appurtenances. 2. Private ingress, egress, and utility easements to properties located north of the SUBJECT LAND that rely on the rights of the Town of Marana or the public that transfer to the OWNER pursuant to this instrument as their only legally estab- lished means of ingress, egress, or utility access. {00014776.DOC /} - 1 - 5/20/2009 3:46 PM Regular Council Meeting -May 21, 2009 -Page 72 of 266 DATED 2009. TOWN OF MARANA, ARIZONA Keith Brann, Town Engineer ATTEST: Jocel~*n C. Bronson, Town Clerk APPROVED ,AS "1'C) FC)R:~i: Frank Cassidy, "Town Attorney STATE OF ARIZONA County of Pima ~ ss. This instrument was acknowledged before me on 2009, by Keith Brann, Town Engineer, on behalf of the Tt~«~; o~~ 1\i;~R~N;~. My Commission Expires: Notary Public {00014776.DOC /} - 2 - 5/20/2009 3:4G PM Regular Council Meeting -May 21, 2009 -Page 73 of 266 ~` ' r: r' , ~ Map Inset _. __. ~ r ~~ ._ M £. `' "'~ _;~- ~ - Tortolita ~ Mountain Park ,~ i r ~ , ., , ~ ~ ~ _ .~ < ~ ~ ~ ~~ s X ~~ -,a ~ .~ . ~. - u ;. w ~ ~ ,_, s ~ , .: ~ ' ' ~ ~S? it . ~ ~,. ~ t1?r~ ~nr~t 5^~`~ xfi? G ~ _~ ~~ r ~;.~ ; `~ ,. ` ~ ,~ t ~ t ~-~~ ~ ~ .. ~~~ , ~.. ~ ~ -~~;>~ f ~~~~" ~ ~. , ~ ~ f ~~ ~ ~ ~~ 4 ~ ~ >> . ~ i k1 a ~." ( l~ ~~ ~ #. y N~ i ,~~ K~ ~ P lE - o t p o r '~ ~ ~: ` ` . z r o ~ ;,~ r .~ . ~ x 1 r r t:. v` / M. _ ~ F t, d.,~ F ~ ~ . a~ lRI~l~ I m a+ " f ^' . }t , -.. ~ ~ o ~ ~ .aM. ka! *~t / ~~ Th< Town o(Marana provitles this map information "AS Is' at th< reque&t 1 {, Y the user wMh the understandlnp that It Is not puararKasd to be accurate k ~ t: a rect or complete and oonduslona drawn hom wch IMOtmatlon are the " a ~~ #$? ' ~ ~~ ' G esponslblllb of the user. ,~~ r gyp` ~, T , r w . w µ ~ ~ ~ ~ ~~ ~4 ~ ~~ ~ ~' in rn shall The Town of Marana beoome Ilabls to uaen of thaaa data L r Y «f G < ~ ` µ ._ z ny other pl d for any loss or dmci, Mdlrest. zpacal. InclMMal or °- qu tla emeDSa. meludin9 but not Ifmrted to time, money or ,, ~ q ~ ~ ~ , ,~c ~ ro dwrll, arlsing hom the use or modRrsatfon of the tlata " Overview Map ` , "~ W ~\~E MARANA~ Marana Town Limits ,r~~~:r~~ FZ~gular Council Meeting -May 21, 2009 - Page 7~ of 26~ ac group Image: Apri12008 PAG Orthophoto Punting Dete: January 30, 2009 1.000 500 0 1,000 z,000 3.000 Feet File: U:ITOwn_AttomeylOverviewl.mzd ®1-09 Town of Marana 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Subject: PUBLIC HEARING: Ordinance No. 2009.06: Relating to Development; rezoning approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue from R-36 (single-family residential -minimum lot size of 36,000 square feet) to NC (neighborhood commercial) for the QuikTrip Corporation Discussion: Rezoning Request MJM Consulting, Inc., representing the QuikTrip Corporation, is requesting approval of a rezoning of approximately 2.06 acres of land from R-36 (single family residential -minimum lot size of 36,000 square feet (Residential) to NC (Neighborhood Commercial). The property subject to the request is located south of Cortaro Farms Road and east of Cerius Stravenue. The rezoning area is comprised of two parcels (221-18-0260 and 221-18-0270) that are currently located within Pima County and described as Lots 1 and 2 of the Oshrin Park subdivision. Lots 1 and 2 encompass 1.032 acres and 1.025 acres, respectively. The Town is currently processing an application for annexation of the two parcels into the Town of Marana. A public hearing to consider the annexation was conducted by the Town Council on October 7, 2008. In accordance with the state statute, no action was taken at the hearing. The current zoning of the property is Pima County SH (Suburban Homestead). Subsequent to the approval of the. annexation, the current zoning will be translated to the Town of Marana equivalent zoning of R-36 (single family residential -minimum lot size of 36,000 square feet). With this rezoning application, the applicants are proposing to rezone the 2.06 acres from the translated R-36 to NC (Neighborhood Commercial). The NC zoning district is intended to accommodate business and commercial uses that serve the neighboring residential areas.The purpose of the rezoning request is to allow for the development of a QuikTrip convenience store with fueling facilities. Should the rezoning request be approved and the property successfully annexed into the Town, the QuikTrip Corporation will subsequently process a development plan, landscape plan, and associated improvement plans through the Town in order to develop the site. The Tentative Development Plan within the rezoning site analysis document proposes a 5,014 square foot building as well as a 9,877 square foot canopy covering twenty (20) gasoline pump stations. Substantial landscape buffers are proposed along the perimeter of the site, and masonry screen walls are provided where appropriate. Post-development drainage conditions will not result in any negative impact to the surrounding properties, and landscaped areas are proposed to be depressed to encourage water harvesting. The proposed development will meet or exceed the Town's Commercial Design Standards (Title 8 of the Marana Land Development Code). The tentative plans submitted for this site are indicative of a Regular Council Meeting -May 21, 2009 -Page 75 of 266 development that substantially complies with the current Town of Marana development standards. Access /Circulation The Tentative Development Plan proposes direct access off of both Cortaro Farms Road and Cerius Stravenue. Pursuant to the recommendations of the traffic report, off-site street improvements will be incorporated into the development and will include the following: a northbound right-turn lane on Cerius Stravenue at Cortaro Farms; an eastbound deceleration lane on Cortaro Farms Road along the project's frontage; and, a traffic signal at the Cortaro Farms Road /Cerius Stravenue intersection. All off-site improvements are to be funded and constructed by the developer and will be operational prior to the issuance of any certificate of occupancy. Infrastructure The rezoning area is currently served by Pima County's regional public sewer system, and is tributary to the Ina Road Water Reclamation Facility via the Continental Ranch Interceptor. The area is also served by Marana Municipal Water, Tucson Electric Power and Southwest Gas. Northwest Fire District has confirmed that the rezoning area is within the District's service boundaries. Marana General Plan The property subject to the proposed rezoning is included within the Town's planning area, as defined within the 2007 General Plan.. The property is designated as Low-Density Residential (LDR) with a density range of 0.51-3.0 dwelling units per acre. This designation is characterized by single-family detached homes on relatively large lots, as well as by commercial development and other community uses that serve the nearby residential development. Staff finds that the proposed rezoning is consistent with the 2007 General Plan. Citizen Participation The developer and applicant began notifying and meeting with the neighborhood residents in July 2008 during the early stages of the annexation process. Meetings were conducted with the Cortaro Ranch residents and homeowner's association, as well as those residents of Oshrin Park. The developer and applicant have held a number of additional public meetings, as well as individual meetings with neighboring residents to discuss the proposed project. Most recently, the applicant held a neighborhood meeting on Apri16, 2009 at 6:30pm at the Cortaro Vista Community Church located at 8600 N. Camino De Oeste, Those in attendance initiated discussion on the following: 1.) the geographical extent of the annexation; 2.) perimeter walls proposed for the site; 3.) timing of the installation of off-site improvements; 4.) impacts to local traffic circulation during the construction; and 5.) mitigation of headlight trespass from customer vehicles onto nearby properties when QuikTrip is in operation. All questions and concerns were addressed by the developer and applicant. All six (6) residents in attendance signed a petition of consent for the project. Additionally,. the applicant has received a number of letters from the neighboring property owners expressing their support of the project. 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 area by the Town's adoption of this ordinance, staff requires that 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 area resulting from the approval of this zoning. If the applicant does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Nan1e: ^ QuikTrip_Rezoning Ordinance (00014711),_DOC ^ Ord 2009.06 Exhibit A.pdf ^ Exhibits_on file_Qu..kTnpd..oc ^ Locaton_Map.pdf Description: T}pe: QuikTrip Rezoning Ordinance Ordinance PCZ-09005 Exhibit A Exhibit Exhibits on file Backup Material i_ocation Map Backup Material Regular Council Meeting -May 21, 2009 -Page 76 of 266 O PCZ-09005 Quik..Trip Application Backup Material application.pdf ^ QuikTrip_Prop_207_Waiv..er Qu~kTrip Prap 207 Waiver Backup Material {00..014684) DOC ^ Memo to Council.doc Memo to Council re: Petitions Filed Backup Material ^ Petition.._of_Leyal_Protest Petition of Legal Protest - MD Partners. LLC Backup Material 0425 001_j2~ j2~.,pdf ^ Petition of_Legal Protest Petition of Legal Protest -Patterson Backup Material 0426 001 (2) (2).pdf ^ Petition of Legal Protest - SJM Promotions~df Petition of Legal Protest -SJM Promotions Backup Material Staff Recommendation: Staff recommends approval of the rezoning request subject to the following conditions: 1. The rezoning shall not be effective until the effective date of the annexation of the subject property into the Town of Marana. 2. 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; and, Commercial Design Standards (Title 8 of the Marana Land Development Code). 3. There shall be no further lot splits of the rezoning area without the written consent of the Town of Marana. 4. 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. 5. A water service agreement must be submitted by the property owners or the developer and accepted by the Utilities Director prior to the approval of the Water Plans. 6. A sewer service agreement must be submitted by the property owners or the developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 7. The property owners or the developer shall connect all development within the rezoning area to the public sewer system at the location and in the manner specified by the Wastewater Management Department. The property owners or the developer shall .fund, design and construct all off-site and on-site sewers necessary to serve the rezoning area, as determined necessary at the time of review of the development plan and sewer plan. 8. The property owners or the developer will be responsible for designing and constructing a traffic signal at the Cortaro Farms Road /Cerius Stravenue intersection. The signalization will require striping and signing modifications at the intersection, as well as a signal phasing plan and timing plan. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. 9. The property owners or the developer will be responsible for the design and construction of a deceleration lane on eastbound Cortaro Farms Road at the project's driveway on that roadway, as well as a right-turn lane on northbound Cerius Stravenue at Cortaro Farms Road. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. Commission Recommendation - if applicable: A public hearing for this case was held during the April 29, 2009 Planning Commission meeting. The Planning Commission voted unanimously (6-0, with Commissioner Wood absent) to recommend approval with conditions to the Mayor and Town Council. Regular Council Meeting -May 21, 2009 -Page 77 of 266 Suggested Motion: I move to adopt Ordinance No. 2009.06, rezoning approximately 2.06 acres of land located south of Cortaro Farms Road and east of Cerius Stravenue from single-family residential -minimum lot size of 36,000 square feet to neighborhood commercial for the QuikTrip Corporation. Regular Council Meeting -May 21, 2009 -Page 78 of 266 MARANA ORDINANCE N0.2009.06 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 2.06 ACRES OF LAND LOCATED SOUTH OF CORTARO FARMS ROAD AND EAST OF CERIUS STRAVENUE FROM R-36 (SINGLE-FAMILY RESIDENTIAL -MINIMUM LOT SIZE OF 36,000 SQUARE FEET) TO NC (NEIGHBORHOOD COMMERCIAL) FOR THE QUIKTRIP CORPORATION WHEREAS Northwest Partners, LLC, Jenny Ann Miller, Charles Mitchell Miller, and Carol Jean Miller (the "Property Owners") collectively own approximately 2.06 acres of land located south of Cortaro Farms. Road and east of Cerius Stravenue within a portion of the southeast quarter of Section 26, Township 12 South, Range 12 East and described as Lots 1 and 2 of the Oshrin Park Subdivision (the "Rezoning Area") as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference; and WHEREAS the Property Owners have authorized the QuikTrip Corporation (the "Developer") to submit an application to rezone the 2.06 acres from R-36 (single-family residential - minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial); and WHEREAS the Marana Planning Commission held a public hearing on Apri129, 2009, and voted to recommend, by a unanimous vote 6-0, that the Mayor and Town Council approve the application for rezoning from R-36 (single-family residential -minimum lot size of 36,000 square feet) to NC (Neighborhood Commercial), adopting the recommended conditions; and WHEREAS the Marana Mayor and Town Council held a public hearing on May 20, 2009 and determined that the application for 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 proposed rezoning of the Rezoning Area complies with the Town of Marana General Plan. SECTION 2. The Rezoning Area is hereby rezoned from `R-36' (single family residential - minimum lot size of 36,000 square feet) to `NC' (Neighborhood Commercial). 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. The rezoning shall not be effective until the effective date of the annexation of the subject property into the Town of Marana. 2. 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; and, Commercial Design Standards (Title 8 of the Marana Land Development Code). Regulq~~~l~~~i~o 1~~920~5 2009 -Page 79 of 266 _ 1 _ 3. There shall be no further lot splits of the Rezoning Area without the written consent of the Town of Marana. 4. 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. 5. A water service agreement must be submitted by the Property Owners or the Developer and accepted by the Utilities Director prior to the approval of the Water Plans. 6. A sewer service agreement must be submitted by the Property Owners or the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the Sewer Plans. 7. The Property Owners or the Developer shall connect all development within the Rezoning Area to the public sewer system at the location and in the manner specified by the Wastewater Management Department. The Property Owners or the Developer shall fund, design and construct all off-site and on-site sewers necessary to serve the Rezoning Area, as determined necessary at the time of review of the development plan and sewer plan. 8. The Property Owners or the Developer will be responsible for designing and constructing a traffic signal at the Cortaro Farms Road /Cerius Stravenue intersection. The signalization will require striping and signing modifications at the intersection, as well as a signal phasing plan and timing plan. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. 9. The Property Owners or the Developer will be responsible for the design and construction of a deceleration lane on eastbound Cortaro Farms Road at the project's driveway on that roadway, as well as a right-turn lane on northbound Cerius Stravenue at Cortaro Farms Road. The traffic improvements shall be operational prior to any issuance of a certificate of occupancy. SECTION 4. This Ordinance shall not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Property Owners and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. 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. Regulq~~~l~e~~~o N~'~ 2009 -Page 80 of 266 _ 2 _ PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this 21 sc day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~l~~~i~o A~~'~ 2009 -Page 81 of 266 _ 3 _ U oQ~ ~~; ~ x'107 Z ti c°Dv W c ^'~ N N Q Q ~ W ({N)~ SL "L t Z 3„ t t ~ t ~0 00S - ~ ti U O ~ ~ } ~ + ` ' n O m V ~ Z D ~ O O = fd O ~ O ~U ~J ~ ,- n V N fT'f ~ ~ ~~) ~ Q ~ ~ } 7 1+~7 O W N p V m ~ ~ ~N ~_ ~ ~ ~"' V m {tbii~ o~ ~ ~ N ~ D O Qv~ cV ~ ~ u~ ~ c~ ~"w M~~ u-j o N ~ Q ~ t` ~ O ~ N ~ ti ~ tlJ v~ L ~~ a o -~ Z ,~ ~ g p co .Jma ~ ~ Q ~ D N ~ i~ ~ N Q, N ~ Q ~ M o ~ N m ~' ~ i ~ ~ ~ Q Qi cp O ~ W N i~ N ~' ~ ~ ~ ~ ~ ~ ~ `~ O ~ ~ ~ ~ ~ ~ U ~ W ~ ~ ~ ~ ~ ti Q ~~ .~ V ° ~ ~ Z -~ g ~c ,° Q ~~ n N ~ ~ o ~ I ~ °p ~ J ~R O M~<`I ~ o oi°o ~ ~~O J b M O D ~ Qrn ~ ~ ~ , S M ~ ~ ~ II ~~ N ~~ New ~ w ' II II ~ N~ -' ~ ~~> w 00 L t t 8~ 00S -~ 3 - ~ ! ~ -~, Q o o i ,,, Yd ~ d M W J ~ Q ~c o . , . , i-------- i -- m j oo, ~ ,~ S ~ i I , ~ ~ - /0 3a ~ ~ ~ o ~ ~ N ~ Q o ~ ~ ~ ~ ,80 f fiZ M„ 61, Z~ DON _ ~ ~ `" ~ moo N ~ ~nnr3~ del s srn~~~ ~~~ ~ . ~~ _~~ ` ' _„ ~" I ~ --~z---~ ~, Legal Description Quiktrip #1456 A portion of land situated in the Southeast Quarter of Section 26, Township 12 South, Range 12 East of the Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows Lots 1 and 2 of Oshrin Park, according to the Plat recorded in Book 25 of Maps and Plats, Page 67, Records. of Pima County, Arizona Any modification to or omission from this description compteteiy absolves the surveyor from any liability for this description. 07108/08 Page 1 of 1 0:108019~1egais\8019xb01.doc Regular Council Meeting -May 21, 2009 -Page 83 of 266 The QuikTrip (PCZ-09005) rezoning site analysis document is on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday, at the Town of Marana Municipal Complex, in the Town Clerk's office, 115 5 5 W . Civic Center Drive, Marana, AZ 85653. Regular Council Meeting -May 21, 2009 -Page 84 of 266 ._~~x~~-~ `~ . . r= __~ QuikTrip Rezoning fill ~ ~.~-~ !~ m., l.:r R tf:1~ :. `~`~ ~ ' CASE PCZ-09005 'dt ~a r~ F L~.~s~' M, f'~d I ~: ~ it I _ j - -~--W CORTARO CROSSWG DR-----o - - -~ --- - - - --- ~ z cn I w I z ___ W CARRIAGE DR---~ w = w z I ~ - -- z I -- W RED ROCK RIDGE ST ---- i o~p " " "" ~- - - - -- - - -- --- -_ W CQRTARO FARMS.RD --- - --- ---- ~ i, *, ~Q \GO~ I $It@ ;~ I i ~ ~'~ ~ ~_~ ~ ~~p ~/~ ~ ~ ~, ,~.~------~.'WCALLE~CAXEUS-------- ~9 '~i ~ A v' : ~ \ / ~, 7~ `\ q~,~q, ~ _~_-- --W CALLE MAVERICK- ---- ~~ iy , O ~ ~~O ~ ° ~ ~~, .~ 9~~~ , 90~~ ~~ ~ Ayy O ~ ~ ' O~ `; ~ ~ ~- ~ ~~ _.JW CALLE PAINT '~ ,~-~ ~' Request 0 325 650 ft. A request by MJM Consulting, Inc., representing the QuikTrip Corporation, to rezone approximately 2.06 acres of land from 'R-36' (Residential -minimum lot size of 36,000 square feet) to 'NC' (Neighborhood Commercial). The site is comprised of Lots 1 and 2 of the Oshrin Park 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 n d 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 a oa ~ v da~~ou~8'~~ounCU IVl~e~inny I~a or~re~~ir~t~ s~~al~~~'~d~ntal or consequential damages, including but not limited to time, money or goodwill, arising from the r'/~~ MARANA /t\ PLANNING & ENGINEERING APPLICATION 1. -`TYPE OI' APPLICATION (Check One , ^ Preliminary Plat ^ Final Plat ^ Development Plan ^ SWPPP ^ Specific Plan Amendment ^ Conditional Use Permit ^ Significant Land Use Change ^ Minor Land Division ^ Improvement Plan ~specif~type in Description of Proiect box*) ^ General Plan Amendment Landscape Plan Rezone/Specific Plan ^ Water Plan ^ Other _ __~ 2. GENERAL DATA REQUIRED - _ Assessor's Parcel Numbers _ .may [~~- '- °" General Plan Designation To be confirmed b staf t _~ .~ ~,fj ) 'Q~'~ Gross Area (Acre/Sq. Ft.) Current Zoning - To be confirmed b staf (~_ DevelopmentlProject Name ~ Cl v,(` ' • roposed Zoning Project Location ~ r`,~,~,.~ ~ ),l S ~ t~`~~~ ~"~" Description of Project* l +M Property Owner r'' Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number ! E-mail Applicant Street Address 5 ~ ` ,~~~ City State Zip Co e Phone Numb-.r Fax Number E-Mail Address ` Contact Person Phone Number / E-mail ~. Agent/Representative ~ ~ _ Street Address ~~, City State u mber Zip Code Phone N x Num ber Fa res s E-Mail A dd (p ~ \ E J' e` ` rA (~ j Town of Marana Bu ~ ess Contact Person ~ 1 License No. 3. AUTHORIZATION OF I'RbPERTY 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 writin¢ by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) i _~~ _ ~ ~~ ~~ ~ ~ ~`3 ~ ~' i - CaF~ f ~,G ~. ~ Zt9D~' rint Nan1e of A licant/A ent Si nature ate 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003•Telephone (520) 382-2600^Fax (520) 382-2641 ^ Variance ^ Native Plant Permit ^ Amtexation `. Prnt.Fo~m Regular Council Meeting -May 21, 2009 -Page 86 of 266 CONSENT TO CONDITIONS OF ANNEXATION AND REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE NOS. 2009._ AND 2009._ The undersigned (the "Owners") collectively own all of the land referred to in this instrument as the "Property," which is particularly described in Exhibit A attached to Marana Ordinance No. 2009. (the "Annexation Ordinance") and Marana Ordinance 2009._ (the "Rezoning Ordinance") and incorporated by this reference in this instrument. NORTxwEST PARTNERS, LLC, an Arizona limited liability company, .owns that portion of the Property described as Lot 1 of Oshrin Park. JENNY ANN MILLER, an unmarried woman, CHARLES MITCHELL MILLER, a married man acting in his sole and separate right, and CAROL JEAN MILLER, an unmarried woman, collectively own the remainder of the Property, described as Lot 2 of Oshrin Park. The Property is the subject of two pending Town of Marana applications filed on behalf of the owners-annexation case number ANX0808-001 and rezoning case number PCZ- 09005. The Marana Town Council. is scheduled on May 20, 2009 to consider the adoption of the Rezoning Ordinance approving rezoning case number PCZ-09005, and is scheduled on June 2, 2009 to consider the adoption of the Annexation Ordinance approving annexation case number ANX0808-001. The Owners hereby agree and consent to all of the conditions imposed by the Annexation Ordinance and the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of the Annexation Ordinance. and the Rezoning Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1.134 that may now or in the future exist as a result of the approval of the Annexation Ordinance and the Rezoning Ordinance. The Owners acknowledge that the Annexation Ordinance and the Rezoning Ordinance may be modified by the Town Council, in its sole discretion, prior to their approval. The Owners agree and understand that their waiver of claims as set forth in this Waiver shall be deemed to extend to cover any amendments to the Annexation Ordinance and the Rezoning Ordinance approved by the Town Council unless, not later than 48 hours following the Town Council's approval of the respective ordinance, one or more of the Owners notifies the Town Clerk, in writing, of their disagreement with the amendment. If one or more of the Owners timely notifies the Town Clerk of such disagreement, the Owners shall not be deemed to have waived claims with respect only to the amendments; provided, however, that the Town may then rescind both the Annexation Ordinance and the Rezoning Ordinance Rezoning, and if so rescinded, this Waiver shall act as a bar to a claim for diminished value based upon rescission of the Annexation Ordinance and the Rezoning Ordinance. This instrument shall not be effective and shall be of no further force and effect if the Town Council disapproves either the Annexation Ordinance or the Rezoning Ordinance. {00014684.DOC /) ef g - 1 - 5/12/2009 3:32 PM FJC Regular Counoil Meeting -May 21, 2009 -Page ~uIK7~ip~Annexation & Rezoning Prop 207 Waiver The Owners also consent to the recording of this document in the office of the Pima 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 May, 2009. NORTHWEST PARTNERS, LLC, an Arizona limited liability company, Jenny Ann Miller BY: Leslie Gifford, Managing Member Charles Mitchell Miller Carol Jean Miller STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May ~ , 2009 by Leslie Gifford, the Managing Member of NORTHWEST PARTNERS, LLC, an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May , 2009 by Jenny Ann Miller, an unmarried woman. My commission expires: Notary Public STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May , 2009 by Charles Mitchell Miller, a married man acting in his sole and separate right. My commission expires: Notary Public STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on May , 2009 by Carol Jean Miller, an unmarried woman. My commission expires: Notary Public {0 014684.DOC /} nq - 2 - 5/12/2009 3:32 PM FJC Regular Council Meetirfg -May 21, 2009 -Page ~itt1~~~~Annexation & Rezoning Prop 207 Waiver • SITE ANALYSIS REPORT FOR 2.06 ACRES AT THE SOUTHEAST CORNER OF CORTARO FARMS ROAD AND CERIUS STRAVENUE PARCELS 221-18-0260 & 221-18-0270 Prepared for: QuikTrip Corporation Attention: Jim Beilman 310 S. Williams Blvd, Suite 325 Tucson, Arizona 85711 Prepared by: Michael Marks, AICP MJM Consulting, Inc. 7002 E. 4th Street Tucson, Arizona 85710 April 6, 2009 • PREFACE • This report is submitted in connection with a rezoning application proposing a change from R-36 (Residential) to NC (Neighborhood Commercial) on property at the southeast corner of Cortaro Farms Road and Cerius Stravenue. The property is currently in unincorporated Pima County and zoned SH (Suburban Homestead), however it is the subject of an annexation, currently in process, into the Town of Marana. The annexation would result in .translated zoning from the Pima County SH (Suburban Homestead) to the Marana R-36 (Residential) and then the final rezoning, if successful, would change the R-36 (Residential) to NC (Neighborhood Commercial). This Site Analysis Report was prepared in accordance with the official Town of Marana Rezone Site Analysis Review Procedural Guide & Application. It was prepared by Michael Marks, AICP of MJM Consulting, Inc. Assistance in the preparation of specific sections of the report was provided by other consultants. The. QuikTrip Corporation staff prepared the site plan concept and building design. Olsson Associates performed the hydrologic/drainage, grading analysis, and traffic study. Olsson Associates staff also performed the vegetative inventory, biological assessment, site inventory, and landscape planning work. Professional Archaeological Services of Tucson, LLC (PAST) performed the archaeological survey. • The Rezoning Application discloses the ownership of the property. Currently that ownership for Lot 1 of Oshrin Park is Northwest Partners, LLC, and for Lot 2 it is Jenny Ann Miller & Charles Mitchell Miller & Carol Jean Miller. Both parties) entities have authorized the QuikTrip Corporation to act on their behalves in the pursuit of an annexation and rezoning and conditional use permit. Also, these current owners have entered into an agreement to sell these properties to the QuikTrip Corporation with the closing to take place after final approval of the annexation and rezoning takes place. • TABLE OF CONTENTS • PART I -SITE INVENTORY AND ANALYSIS REQUIREMENTS I-A Existing Land Uses Page 1 I-B Topography Page 8 I-C Hydrology Page 8 I-D Vegetation Page 10 I-E Wildlife Page 10 I-F Viewsheds Page 17 I-G Traffic Page 17 I-H Recreation and Trails Page 22 I-I Cultural Resources Page 22 I-J McHarg Composite (Constraints) Map Page 22 PART II -LAND USE PROPOSAL II-A Project Overview Page 24 II-B Tentative Development Plan Page 24 II-C Existing Land Uses Page 25 II-D Topography Page 25 II-E Hydrology Page 29 II-F Vegetation Page 29 II-G • Landscape Plan Page 32 II-H Wildlife Page 32 II-I Viewsheds Page 36 II-J Traffic Page 36 II-K Public Utilities Page 38 II-L Public Service Impacts Page 38 II-M Recreation and Trails Page 41 II-N Cultural, Archaeological and Historic Resources Page 41 • TABLE OF EXHIBITS • Ex. I-A.1.a Regional Location Map Page 2 Ex. I-A.2a Boundary Map Page 3 Ex. I-A.2b Land Use Map Page 4 Ex. I-A.3a Area Zoning Map Page 6 Ex. I-A.3b Area Land Use Map Page 7 Ex. I-B.1 Topography Map Page 9 Ex. I-C.1 Offsite Watershed Map Page 11 Ex. I-C.4 Onsite Hydrology Map Page 12 Ex. I-D.1 Vegetative Communities Map Page 13 Ex. I-D.2 Vegetative Densities Map Page 14 Ex. I-E.1 Game & Fish Dept. Letter Page 15 Ex. I-E.2 Olsson Associates Letter Page 16 Ex. I-F.1 Offsite Viewshed Map Page 18 Ex. I-F.2 Onsite Visibility Map Page 19 Ex. I-G Traffic, Schools, Sewer & Rec Map Page 21 Ex. I-J Composite Map Page 23 Ex. II-B.1 Tentative Development Plan Page 26 Ex. Ii-B.2 Building Perspective Page 27 Ex. II-C.1 Rezoning Request Map Page 28 Ex. II-D Preliminary Grading Plan Page 30 Ex. II-E Drainage Map Page 31 Ex. II-G.1 Concept Landscape Plan Page 33 Ex. II-G.2a Bufferyard Details #1 Page 34 Ex. II-G.2b Bufferyard Details #2 Page 35 Ex. II-K.1 Public Utilities Map Page 39 Ex. II-K.2 PCWWM Letter .Page 40 • BIBLIOGRAPHY • Existin Land Use Information Sources: Bounda Surve b Northsi ht Land Surve Pima rY Y Y g Y~ County Mapguide, Pima County Assessor's Office, Site Visit, Aerial Photography, Marana Planning Department records Topog_raphy Sources: Topographic Survey by Northsight Land Survey and Site Visit Hydrology Sources: Hydrology Report by Olsson Associates Vegetation Sources: Survey and assessment by Olsson Associates Wildlife Sources: Letter by Arizona Game and Fish Department, Memo by Olsson Associates Viewshed Sources: Site visit Traffic Sources: Report by Olsson Associates Recreation and Trails Sources:. Marana Open Space, Parks, and Trails System Plan, Eastern Pima County Trails Master Plan Cultural/Archaeolo~icaUHistoric Resources Sources: Archaeology Report by PAST Public Utilities Sources: Records of Pima County Wastewater Management Department, Marana Water, Tucson Electric Company, Southwest Gas, Quest, and site observation. • PART I -INVENTORY AND ANALYSIS REQUIREMENTS • I-A. EXISTING LAND USES 1. The subject property is located in the northwest part of metropolitan Tucson. Map I- A.1adepicts this'northwest' region and the subject property. Situated near the intersection of Cortaro Farms Road and I-10, the surrounding area is experiencing substantial commercial development, mostly on the west side of I-10 but also planned on the east side as well. 2. The subject property is located at the southeast corner of Cortaro Farms Road &Cerius Stravenue. It is composed of two lots (i.e. Lots 1 & 2) of the Oshrin Park Subdivision (recorded in Book 25 Page 67 of M&Ps). These two lots are the same as Assessor Parcels 221-18-0260 and 221-18-0270. The Boundary Map, i.e. Map I-A.2a, shows the boundaries of this consolidated property. The acreage of these two lots combined is 2.06. This property is located within Section 26 of Township 12 South, Range 12 East. The property has been largely cleared and graded previously for residential development. Currently the property contains an unoccupied trailer and modular structure on Lot 1 and three small wooden & abandoned structures on Lot 2. These conditions are generally depicted on Map No. I-A.2b entitled Land Use Map. All structures are one story in height. • The property is currently in Unincorporated Pima County, abutting the Marana Town Limits on the west and north. The property is the subject of a proposed annexation into the Town of Marana which was heard by the Marana Town Council on October 7, 2008 and moved forward favorably. This rezoning is being processed prior to the final annexation hearing is to be heard by the Town Council. In the meantime the current Pima County zoning is SH (Suburban Homestead). At the time of annexation the zoning will be translated to Marana R-36 (Residential), and then if the rezoning is successful it will be converted to NC (Neighborhood Commercial), consistent with this request. For the purposes of this report the annexation and translated zoning is assumed to take place and so reference herein to existing zoning will be to R-36 (Residential). 3. The properties within'/4 mile of the subject property are depicted on Map I-A.3a, the Area Zoning Map, and on Map I-A.3b, the Area Land Use Map. a. Zoning and Land Use as follows: i. The existing zoning to the west is VC (Village Commercial) with properties occupied by a Circle K with an in-house Arby's, and further to the west by a Wendy's fast food restaurant and then vacant land. Further to the west is I-10 which is zoned LI (Light Industrial). ii. To the northwest of Cortaro Farms Road and Cerius Stravenue is land zoned VC (Village Commercial), mostly vacant but with one parcel occupied by an IHOP restaurant. The vacant land was planned for a shopping center but indications are that those plans have been put on hold.. • Cortaro Farms &Cerius Stravenue Page 1 of 41 4/6/2009 ~,.wJ '~ ' ~ 7 0 ¢~ ~ ~ etl a y •. gg dam'" ~3"~`~~ ~ ~ ~ ~ w E.. ; ~, ~ o si~`~ ~~~ 4 g tlOtlN` ~ Q f 1 ~` P ~ O 0~ i m ~ w e~ ~ ~ ~~ 8 Y~ mac` e` U 4~ 4- Of IU ~, _ - ~ -- .~. JS O C dR 3 9 ° ' mil S ~ r .I ~ ~. ~ "G :...~ zd 'm i dv- <\ ~P ~ 's ~Z ' ~~y311, ~ '°~ ---- i ;fig °i/' A ~ ~' F! ~ ~~ / ,.. a ,~~ 0 ? ~~~. ~; ~ ~ ape d ~ 6 ~ ~~~ "~ ~ ~ arv~ CU\ 5~ ~ ^ ~. , 1 z Momma ~, ;~ / : x~=, ~ ~ L~'ii a s y Nw 1~ N^ ~ ; S ~ a~ ~~ ~- wM-.. : w.. ~a<o }~ ya ~ '~ ~~~ ~ aa ~~ ~- a3~, _ ~* ~. , -ate ~-~ ~ F- m 81 ~`i $~ 3 O _ J ,~ ~ ~ i 9~ *p e'd '; ~ ... 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': ~ ~ j Y. 1 ! t _ ~n":~ H :~<s -s .30- r1 ~ ~.~ .~ ~ 'r r ,,: 9 ~ ,.~ ~~ iy '.'.u".. ~':, eve ~ Y ~, _. /Z- FF ~ SA`P` ~ ?~ 1 Ntl<~ ~ ., ~ ~ ,}~' ` as a ~' ~`'.R'~ ~ ~,r ~ 0m_- ~; a~ 1 .~S S' j~~ ,~ m _ 2 N .ne ~ ~~ ; V..~~~7 ~~ ~ ~ .00' Neu i ~ u Mi ~ Y ,r \~ I ~y~ ~ ~ ]'~ .. ~~i .p 9n~ y~y COQ y.y N }' u r i Lr ~: ` ~ . ~ aN ~ ~ '~, iY,.~ ~ Yy~~7 '~ ,R O'0 Wb ~v. 9t' ~r 1Y'. , ~ '~ ' l ~4 ~ "~ ~~~ ~WaW 3 '$+: akg( 5 ~ N rv~~ - - <.~ _ '~- '" ~ zW '1~ ~C 'M v~NW ~ ~ w,, Y ~' ~ air I! nt. y •r ~. 'I ~. der A 3~Y ~A~ 2 ,~ .. ~ , ~ e .. -0 o m* ~, i I,.. ~4~Cf ~.. _ I •~ ~ ~~ ~ ~~ c . .. ~; .. I '. ; ?" i~gr r I~l~ 5xn~ 1 , ~ ~ ~ 'v y,r- t' ~~~ III 1' ~ ', ti ~ `~',~c- C'~ 'y r I' e. d-~: /' ,~ ~ ~_ ,:. r,. ? ; ~^ -'.~,'~ ~~ 9' C is 3v' ~"i s -'}Sv :~.1 ' ..- ~- 7 rY"' ',. ia, .::.' ra ; ~j~ 4, ~~i'CER/US '» STRAVENUE <`'i~~` '~~~~c:~., ~r ... ... _. ~...~,-.~ _v ~.._ .. ._w~.r „YV-vae~ ..,.fir-,r.. S'~L~R'~~ _ _r- `1 ~ I ' ~~ 1 II~~ Uz ~` v ~e ~~ U z R T':' Y Ai'- ~+ JL~Y O (M#~P~ ti ~~.~ N~ ¢ +` H ~ O i ~ 2 V O 2 PAGE 4 iii. To the north the property is zoned R-8 (Residential) and is a developed single family subdivision known as Cortaro Ranch (recorded in Bk 51 Pg • 6 of M&Ps). Directly across the street of the subject property is a detention basin and the rear of a couple of lots. iv. To the northeast of Cortaro Farms- Road and Hartman Lane is .the Qwest office building, on NC (Neighborhood Commercial) zoned property. East of that is a Pima County lift station on R-36 (Residential) zoned land. Further to the east is the Desert Son Community Church on R-144 (Residential) zoned land. To the north of those lots is land zoned NC (Neighborhood Commercial) & R-36 (Residential). v. To the east, southeast and south is the remainder of the Oshrin Park subdivision (Bk 25 Pg 67 & Bk 27 Pg 26 of M&Ps). The subdivision is made up of mostly mobile homes, manufactured homes, and trailers. Numerous lots have horses. b. All structures within the '/4 mile radius are one story in building height, with the exception of a couple of 2-story residences in the subdivision to the north. c. There are no pending rezonings within'/4 mile of the subject property. One is just beyond that distance, to the north, and that is PCZ-05113-DeAnza Specific Plan. d. There is one conditionally approved rezoning case within'/4 mile. That is PCZ- 07122-Qwest, which involves property on the east side of Hartman Lane and north of Cortaro Farms Road and it is identified on Exhibit i-a.3A. e. There is one site within'/4 mile to the northeast that is the subject of a recently approved Development Plan (i.e. DPR-07123-Qwest-Marana Facility DP) and Final Plat (PRV-08016-Qwest-Marana Facility Final Plat). One other • Development Plan (DPR-06134-Desert Son Community Church DP) affects another parcel also to the northeast. Both are depicted on Exhibit -a.3A. f The nearby trailers and manufactured homes in Oshrin Park do not represent any specific type of architectural style. The homes in Cortaro Ranch could liberally be described as having an architectural style of `southwestern'. The nearby commercial buildings are consistent with the standard franchise look for each of these buildings. 4. The Arizona Department of Water Resources water well registry indicates two wells within the section quarter-quarter-quarter west of the subject property. One. of those wells is registered to the Cortaro Marana Irrigation District and is located at the very southwest corner of Cortaro Farms Rd &Cerius Stravenue just north of the Circle K. It is a little greater than 100 feet away but nonetheless is still depicted on Exhibit I-A.3b. The other well is registered to Kinder Morgan, but its location is not determined even after an exhaustive search, but at least it is assumed to be beyond 100 feet and therefore is not depicted on that exhibit. 5. The properties to the west and north, in the current Marana Town limits, are zoned consistently with the planned land use as designated by the 2007 Marana General Plan. To the west the General Plan calls for Low Density Residential which by definition includes commercial development which "serves the residential development with both pedestrian connectivity and automobile access", which is consistent with the VC (Village • Commercial) zoning and commercial land use. To the northwest the General Plan calls for Commercial which is consistent with the existing VC (Village Commercial) zoning. Cortaro Farms &Cerius Stravenue Page 5 of 41 4/6/2009 / ~ ^~ ~ N ^ ~ v i. 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',_°. ~ ~~CERIUS SST ~, ~ 4 - ~ ~p t Q y - I r ~ 'o ~' ~ r.+ ~ t' ~ ~' 04 + G ~r q o f H ,y, e ~ ,.. ,. ~ k .._.. . 9~- - ~ ,. ~ ~ M :. ~ e i t Q ~ji - F * .~ 5 ~ ~+ ' ~ 0 ~ ~ ~ Q w II . ~ - °. ~ >~~ :t ~~ ~ _~ _~;..'A ~ZW +~ .fit. ~Z ~, '~ J ~ _Q, ~s. ~ ~Y ,`Z ~ e ~;~ ,- ~ ~ ~ .W~W ~, ~ ~ Via. .~ ~ ,. ~,~ : q ,# ~ k .mot " 1 V ~~ I .~ • ~ ~~ `' • 4r "t / ~ , .i' ~ / o j6. /" 5 PAGE 7 To the north the property is designated as Medium Density Residential which permits development up to 8 RAC which is consistent with the R-8 (Residential) zoning and • residential land use of the Cortaro Ranch subdivision. To the east and south the property is in unincorporated Pima County which plans these properties as LN 0.3, which is actually more restrictive than the existing SH (Suburban Homestead) zoning. I-B. TOPOGRAPHY 1. The property is relatively flat, with a gentle slope running east-west through the center of the property and then gently sloping to the north and to the south. The ridge has a high elevation of 2162 and then falls to the northerly boundary at the Cortaro Farms Road right-of--way two feet to an elevation of 2160, and in the other direction to the southwest corner three feet to an elevation of 2159. The slope from the ridge in both directions is 2- 3percent. These conditions are depicted on Map I-B.l, the Topographic Map. Additional information on this subject is provided below: a. The property is not subject to any conservation requirements. b. There are no rock outcrops on the property. c. There are no slopes of 15% and greater on the property. d. There are no significant topographic features, however it should be noted that nearly all of the property has previously been grubbed & cleared and possibly the subject of some grading. 2. The pre-development average cross slope for the subject property was calculated to be • 1.84 percent. That percentage is derived from the following formula: 2195.85 {total length of contours in feet) x 1 (contour interval) x 0.0023 (constant) - 2.057 (area in acres) x 3J4 (number of contour intervals less one divided by the total number of contour intervals) =1.84%. (the average cross slope). I-C. HYDROLOGY 1. The project site is not affected by any localized offsite watersheds. According to the Town of Marana and Pima County Critical Basin Map, the property is in a critical basin. 2. The property is affected by FEMA Special Flood Hazard Area "Zone AH" which is an area with flood depths from 1 to 3 feet (usually of Ponding) with base flood elevations determined, at the westerly portion of the site. 3. There are no localized offsite watersheds with a 100-year discharge greater than 50 cfs that affect the subject property. 4. The onsite hydrology is described as following: a. There are no localized 100-year floodplain areas with a quantity of 50 cfs or greater on the project site. Map I-C.4 does depict the drainage onsite drainage patterns, and indicates that the cumulative quantities flowing from the east-west • ridge to the north and to the south are each about 6 cfs. Cortaro Farms & Cerius Stravenue Page 8 of 41 4/6/2009 i ~ ~ o i ~ ~- ~ ~~ \ «~ ti I ,, I 1 ~ ~1 U ~Y~" x- _x- -x~ / ... I 11 ~ ~~ . ~ I ~ f9 ~~. I 1 I ~. 1 I ~~~ I, SL 1 1 / ,SL ~. I ~~~ 1 / I ~\ 1 N / I I \ i II I ` O ~~ b I ~ ry I I ~ N 1` I N I ~ ~ I I O I I _ I N I ~ ~ x V~ I N I I ~ ~ III 1 e I I x- -~ I 1 I I 1 I _ 1 1 ~~ xx x I/ O I I ~ I .. ~ i i I I I ~ i ~ 1\ I '`I ~ o I ~_ 11 ~ ~ I I I N i I.. \ 0 .. '~, 0 i i N i I ~ i -~ I N ~ to I I ~ ~ I I N ~ N 1 to I ~ i tq j - j I I I I I ~~ / I Q ~ ~ - ~ \ ~ h--_ / -- _. _~__ I -~-- o ti-a o I I:; ~ \ av I ti ~ ]~ / Q I I: ~ a ~ ~ ; ~ I : i. \IVl a ; o I I.:' .I `.,~ b b ~~ ~ I I .j I I_. b CpQ_ i N .I I ~. ~. ti ~ 1 I I I I1 I I e ~I ~ I I .-: I/ I I I el ~ r I: I~ I I ~ / I :I I . / ~I ~ I` ~ /~ i I I ~ I I I I I I I o i I I I.' m I I N of I I' ~_ ,SL ~ I ,SL `~ 1 I ~.: I~.-~ ~ j ~~~~ I 1 I ~~ \~ I LL I % ,I I N II III. i % %i i I ~~ I ~ %i n !Z~ b {Yy' F ^ x a a~ 1U ~+ h ~ ~ x ~ 2160~~ O d O j i ti , i I ~ \ \~\ i I / ~ ~` \ / 0~ I ~ 1 1\ ti I i I ~ 11 ,~ CER/US / STRAVENUE \'N I N ~ ~ /~ ~ \ _ _ \ \ ~ \~ ~~ i ___-/ ~__ \_BSIZ ~----' ~~-6SIZ. I ~9IZ 1 F 00 a~ N 00 a~ h~ ti~ 2158 r' d 0 i+ v u x 4m Om QI. ti_ U°p i" o as rsac,t y b. The FIRM map (Panel 1605) designates a portion of the property at the west end as AH, which is a flood area (usually a ponding area) with depths between 1 to 3 • .feet. This ponding can be described as resulting from sheet flows from upstream areas which ultimately reach I-10 and back up. c. The area designated as AH on the FIRM Map is technically within a 100 year floodplain. That area is depicted on Exhibit I-C.4 d. There are no localized 100-year discharges either entering or exiting the property with a quantity of 50 cfs or greater. 5. As stated previously there is about 6 cfs that exits the site along the north boundary and another 6 cfs that exits along the south boundary. The flows along the north boundary flow into the Cortaro Farms Road right-of-way and ultimately into the storm sewer system, by way of catch basins. The flows along the south boundary continue on to the property to the south as sheet flow. I-D. VEGETATION 1. The property is mostly denuded of vegetation. In fact due to the degree of disturbance the property does not contain any vegetation communities. The species that do exist are saguaro cacti and velvet mesquite .and blue palo verde. The two saguaro cacti on site are in declining health. The remaining trees on site appear to be in good condition. These are all depicted on Map No. I-D.1. • 2. a. Significant Cacti and groups of trees: None of the saguaro cacti were found to be significant due to their health. The mesquite trees are generally found along existing or historic fence lines. b. Federally-listed threatened or endangered species: The only such species is the saguaro cactus. 3. The density of the onsite vegetation, given the past disturbance on site, is low. Large areas are designated as 0%, with other areas designated at 10 to 15%. None of the site is labeled as 'high density' vegetation. Map No. I-D.2 depicts these conditions. I-E. WILDLIFE A copy of the letter with Page 1 of the Attachment from the habitat specialist of the. Arizona Game and Fish Department (AGFD) is enclosed as Exhibit I-E.1. It addresses each of the items referenced in the Checklist as I-E.1a-c. 2. The site does not contain any intact riparian habitat. The AGFD letter states in part "The Department's Arizona On-Line Environmental Review Tool (Tool) has been accessed and current records indicate the presence of no listed threatened or endangered species in the project vicinity (2-mile radius)." That same letter does indicate that within 3 miles the presence of seven special status species. Olsson Associates was asked to assess the specific site conditions for the likelihood of supporting any of these stated species, and a copy of the resultant memo is enclosed as Exhibit I-E.2. That memo states that due to • past activity on the site none of the listed special status species are present on site. 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T-12-5. R-12-E. CdSRM. PIMA COONTY. AZ ?•4OGN\CORTARD-FARMS_CER\C[VIL \SZTE -RNRLYSIS\811 -B7-OFF-WATER.OGN PAGE 11 Ii MAR 200'f 11:28: 40 I I a ~ ~_ ~ ~ ~ ~ a e ~ ~ 7 ryN I ~ i I ~/ aU • ~ a°~ I a a o~ ~ :.' i I I I I/ ~. / h //`\ ~ I W~ 160-- O ~'~. I 1111 % / ~~.._ 1 / 11 ~l9 I Q ~ I~ ~~~ LSL 1 I / ~ ,S j ~~ Q 1 / I 1 ~. \ 1\ ~ \~\ x II I 1 i ~w I i o \ ~ I ~ cv I /I N ~' 11 ^ ry _ I 2 C ~ I ~ ~ I I I Q N Q I I ~ O to ^ x- -~~ 1 I ; N I I,I ~ ~o "W: 11 tWaO i I ~ ~ ~ ~~~: ° 1 ~ Qm I x-- ~ N.~o' I ?? ~ ~ 11 goeu I QVf I ^ _ 1 y°uz ( ~ x I },=d tJm i X x_ I / F~ pp Oma= I ~ e N ~ II d gnu ^ \ `` Vd•~ ~ I I ~ I t0 d ems ~ I I .. .~ ^ I N ~°~ui ~ ~ Q 2 , ~ \\\ ~NO ~ ~ ~ I COQ ~' O I 1 I I I Ooutl ~ ; ~ i Zm N ~ .'.I ~ i I uja^~ ~ I I A 1~ ~ N :. ^ ~ I ~ uiy ~ ~ j I Hl` it j I N I ~~~ i ,(y * ^ W ~ I I /~ ~ \_ / I ~~'~1~~'// •M NNW ti W R I 1^/ // 0 ap ~s' ~ ~ I 'j ~ a • ~ I O 'S/2 u^u O .I I `.: ~ I ~ \ ~ a I V ~ W I p ! " ~' ~ \ 0 ° I~ ~ F~ I. ~ i // I w~ I l ~ =~ I Q I ~' I qr :i WH I.. O ~ I / ~m ab 1) 1 I WO ~ i i ~~ I I: v m I I N ~, col '.I Q I j j ~ Gm N 1 I~~~~ 22 ~ I / ~ / f ^9 I I 'j ~~"~~ ~ QN ^ It i ~ 2 1 ~ Q I I I I~~ O Z ~ C m ' I I ~~ I' _7 w Q ~; ~ p 1. ,SL I ,SL :. Zm N I O.. i J / ~U I I L''. ti= ? tp I 4 I I I,.~ N~ Q ~~ c\I i / o \ I I / d 1 ~L~ ~ II N\ II~~: I, 6~ ~ `cL / Z = ' •~/ ~Ot~~~Q. I ! ~0 ° 1 \,, P m / -_, ~ O I I o ~ ~z I t / I~ a OO ~, ~ / ~~. -----~~` \ • i i ~--2158--I a 1 / ~ ul a. F~. w `~ >' I j 11 ,~ CER/VS STRAVENUE ' ° ~-- -r---- - -y'-----+---~----~--- I --0------ w \ / \ ~ l / U \ / I / / • ti i \ N \ ~ ¢ \\ / N\ ~ ( \ \ _i ~ \~-- ~ ti I ~'6Sll~, ~ o \ p9lZ ~ v 11 O ¢ u !, V t rs~. tit iz I I ~~ .. l ~' ~~ ~ ~ x ~ II ae I ~I I i/ ~`~~ B y ~ x -X x~x ~ chv 1!I ~ l i l ~ i/ i \\ ~ ~ x ~C 1 '\, i I ~ Q O \\ co I IQ22 ~° I X30 ~ N \\ ~ N / QOO ~~\ I I t00 I I ~~O 1 I 1 ~ ~~ N 1 ~ I ~~ ~ 111 a ; I 1 ~, I x- -~ 7 I 1 I y I 11 I W r -x 1 1 ~ i X- ~/ I . a ~ ~ I.::...._ , w ~ '~~ 1\ ~ a ~~, ~\I I ~ 1 I N ~~ p 2 I I ~` \ ' , ~ 1 Vl N ~ N 1 I i ~ I I '~ D ~~ I I ~ (0 I I ~-'~~~ 1 I 1 a ~ 1 ~ i J 1 \`--~ ~~ Q ~ i ~ I~_ ~ i ~ W \.. _ - ~ - \ / \\ ~ ~ O I I ~ E ~ 1 ~.: ~ ~ ~ I I. ..1 \\\ ~ . a ~ ~.1 ~.~.' J 1 I O Q .I I ~-~~ N ~ ~ ~ ~.'. N ti co N i > ti ~` e ~ ~ is 3 ~ 1 I I 1 I ~ O I I WI / co I ~ I I ~ ~~ ~ ~ ~ / /l N I a ~ ..~. C7 ~ , CJ 1 I ~ ~ H I` ~ I ( 1 1 I I ~~~ O W 1 "1 I ~ .~~. tp ~ I I ~ N ~ ~ ,5L e ~ .SL c~ 1 ~.` _O I 1 1 I ~ N 1 I/ I I I / ?II a 11 N\ II-~~: I ~O / i ~ a a ~ $ / qq i \ ~3j1 \ ~ lQm l ~ -Q C- 1 1 - - `~~l i_~ / I N / / \ / I a 0 Q ~y F A N" ID NI . W ~ Q N z v - ; a 2 ; ~ ~ O V W ~ ~ °z~ ~o W R~ ~NWi ~'O 2v NL".''o ~~ OQ #oeu 1. Win a~ WW om.. wine W WC9 WO o4~ (~ j.e"' ~~ ti2 Q N (~ bNN i ~ om~ N x -°°~~ A om k:o' ~ a ~ ome z¢N ~ u <N u ~~ ~do b_ ~ 2159 '~ ~°ni m V N W O' N a ~~yy Vio~ i\ ~ 9 pd 00 a~ ~0 ti~ ~N oa ~~ ¢b u$ 2N O~ 20 TOWN O MARANA ~ ~~~ i .\\ ~ i ~, , ., ~` .I .T- / - -CER/VS STRAVENU! ~~~~_ `,~:~e \~- PAGE 13 {I ~~ ~ i _ ~ ~ ~ a ~ ~ ~ ~ ~ -~ w o - :~~ _ . ~ o-~.h. ~.. 0` N ~ ~ ~. I y' r .. a ~~i ~ ~ G ' _ L~_1R ,~ ~, t ~ ' ~i .. f` ;zt ~ ~ ~' ' ~ ~ r~ _. ...., s ~~ ~. _ F .., _ a~ I ~ i"~ ~,~~ ~' ~~, d ~ ~ _ - ~ - - ~ ~jJI I ~ Y~ .~ ~ . ~ . ,~ p ~ ~ ~_ ~^ ~„ 3 P J`Y ~ 5 h A v M1~ '.- M ~ ~ y I `Y ' ~; ~ }~ e r '~ I~. ~ `~ i ~~, atF ~.'t~;~' ^ ~W, 'CR'S ~?i ~~~ ~~ ~ ~:'ik ~ Vl a ~ ~"'n~' f~~ •i1 ~b 0 ~ ~ ~ r~!t ~~ V"~~~~ ~VV,, ''~ +~' Ii ~ ~ ~'~ ~ ~ ~_ Conti : ~ .F~, 1~. r f't ~ .- !fay aC" ~.-° „ q"~` ~ ~ ~ W ~ 01 ""`m f ~r^ ~ ~ ~. i ~`.' h ~>' „qm 2 R ~ ri ~` ~. ~ I ~ .-~ +~„ ~Z W 2 ~ ~~~~ I I I 1 r ~ ~ '~ ~ ~ ~ ~ e_ I-~~ ~ Y ~+i Maid t f ~ ~.~ ~ ~ .. _ '~ '. <r4 ~ ~~ ~:~ ~'~o.. ~ }~`a Y r~: ' ` ~ 01`0 1 r ~ ~ ~ .N ~ i i~sr vJ i ~ ~ ~ , ~I~ ~' Y~' ~ ~ ~ m: ;~ ~~ ~; IQ- ,~I, ~ V ~ ~ :,>~ E ~ ~~1'~ ,~ ~ c~ li ,.. p .; ~ _ ~_ I I an I Y 'L _;1 i - ~ L O ~-I,.. 3„ - ,.. T I '~J ~'9. ~. ~ G m I .. ~' ~ r i ~~- ,'I ! A ~_ :~ .. u ~~. ' I~ ~ ~` ,~~ I, ~, a ~. ~ , li I' ~ r , s , srt .~" :€ ~.1~ ~, I :I~ ~ ~~ s; W ,, ~ ~ ,. c i W ;;.~ , .~. i ~ ~= i~ ~ ~~ ~ z~ F ~~i~ ~ I ~ _.d K°ir ~ ~ °c.. ~ / > ~ i~ ~ S A ~L ~ i p ~- ~ r~ ' `_~ «' p ~ M 1 COUNTY ~~~ '~Hr+s ~ex- d1 ~. ~< ~- T(J 1~',N OF MARANAh .. _ ... ~; '_\ ii~ ~ ~ '~ ,~ * ~, ~'...w.~, a3Y ~' {~ - CERIUS STRAVENUE: - Q Q " 7 `'+ •' - Z y ¢~~ ~ ~ ~ ~ ~ x y ~, { ,,~ :;- `N' ~ O c': ~ ~s r _ yy~i ~ in , ~ ~ E l~.y ~, PAGE 14 THE STATE OF ARIZONA • GAME AND FISH DEPARTMENT .5000 W. CAREFREE HIGHWAY PHOENIX, AZ 85086-5000 (602) 942-3000 • Www.AZGFD.GOv October 1, 2008 Mr. Michael Marks MJM Consulting 7002 E. 4~' Street Tucson, Arizona 85710 GOVERNOR JANET NAPOLITANO COMMISSIONERS CHAIRMAN, WILLIAM H. MCLEAN, GOLD CANYON B08 HERNBRODE,TUCSON JENNIFER L. MARTIN, PHOENIX - , ROBERT R. WOODHOUSE; ROLL NORMAN W.fREEMAN,CHiNO VALLEY DIRECTOR LARRY D. VOYLES DEPUTY DIRECTOR VACANT - CHIEF OF STAFF GARY R. HOVATTER ~x•I-~.1 Re: Property in Northwest Metropolitan Tucson, adjacent to the Town of Marana Dear Mr. Marks: The Arizona Game and Fish Department (Department) has reviewed your request,. dated September 29, 2008 regarding environmental resources and sensitivities associated with the above-referenced project area. The Department's Arizona On-Line Environmental Review • Tool (Tool) has been accessed and current records indicate the presence of no listed threatened or endangered species in the project vicinity (2-mile radius). This information can now be provided to you almost instantaneously and is designed to replace the need for requests via writing by fax, mail, or email for most projects. The information is generated utilizing an interactive on-line tool, which can be accessed via the Internet at http://www.azgfd.gov/hgis/. The Tool allows you to submit land and water projects on-line by following a few simple steps. If you wish to-have us continue performing these assessments, please include Township and Range information as it is easier for us to locate sites with that information The Department appreciates the opportunity to provide continents early in .the .planning and design stages of the proposed project. We would like to continue this coordinated effort and offer additional site-specific guidance that will help conserve wildlife and their habitats, including sensitive, threatened, non-game and game species. If you have any questions regarding this letter, please contact me at 623 236-7513. ~n rely, ,~ ~~~' Daniel E. Nelson Project Evaluation Specialist C, 15a AN EQUAL OPPORTUNITY REASONABLE ACCOMMODATIONS AGENCY • • • O U O E -+ ~ 7 3 y ~ ~ .~ ~ U y ~ ~ ~ o~ ~¢ ~ N ~ ,__, i" o L=. cv W O O ^-. N ~ ~ O e ~ ~ Q 'r ti0U0 QO ago N ~ N ~ ~~ atOZ~ ~ ~ O .a ~ N ~-°_?,~ - ~ ~ drnw"Ca d t 3 U N O a m y N ~ E .`-° E ~ U N Y. m N ~- E ~ O a U C N a ~ c a p o -~ Q C O ._T. U ~v o o °' ~~ o m-> d C f0 ~ U O d fl. C ~ O m c E 01 `Q r m ~ °- c m ~ -.-~- m -o H m O V O J V O a M C t 3 J R ~L w R R iC V f/1 d V d 3 U U O w .• d1 ~C .~ '~ Q~ N v ~ O W Y L ~a w ~ O 'U N d d N E d ~ ~ ~ ~ m ~ ~ L~ Q :11J U ~ ~ U t /1 t ll 3 d o ~ ~ Z E N U ~ a a o Z _ O o m o ~ m ~ o ~ ~ a m ~ H m y L O O ~ °~ `-' U U U ~. °' ° ° E p j LL a C m >. ~ r E °> 3 ~ ~ > °' N E ti U in U m iq t~ E `o ~ U ~ ~ V O C O _ ~ cc G 7 ~ `o a Z a ~ ~ U ~ m ~ m ro '~ E a ~ m ~ o ~ ~ v 2 0 ~ ~ m o p U o U ~ ~ m y - -C ~ E c ~ ~ as ° ° o ~ ~ E m o c~ c ~ a o ~~ \ ~~ N ~ b ----_.-~............ nccc vn~~ 2v on W a (,~ W tl 8 qy -_-Y .-_ ~ N __~xtEe~us_sY_ __-__ d ___ ~ - NVK~OO AI! ~ ~~ ~ ~~ ' «`~ Z Q, ~ ~ ~ ^}~a i 3 -`~ t1 ,. ~Y .. T ~~1 ~ ~ O ?~ - a r, ~„ s ~1 ~~~~~]IiTba tj, Qr~,tl r M N Z N c o ~. ~ ~ i M ~ ~ U ~ N ~ ? ~ N ~ o O N ~ •~.~ {~ E a U ~ .. ~ U O O 7 ' O ~ ~ ~ Ua ~-~ Q L sd c c atS p t ~ N ~ u ~ O. O _ (Q ~ N ~ f6 T .. ~ ~a,~,`` LL ~ ~ ~ ~ ~ d ~ Y,v^ V / R t ~. , ~~~ O~ O 7 ~ d N L Z C~ LL- -O J - ~ .- N -p ~ a~ 0 ~ N~ ~ ~. ~rj 'Q } R V A ~ j a L ~LL~NO~ t6 d . p O~ ('J _. _~ ~~ ~`~ O Ua to a V M m ~ ~ l l v ' I O~ Q>M>f V~~~ W ~ L 0 ~ ~ 'a O , ~ { Q~Z\ ~ ~ ~ C ~ R~ ~~ .~- N •= R O Z ~~oUU O O -UU i d d~ ~ OO Qa ~ ti o~ c o~ 0 0 0 o d o o a N~ oO -sv~OaoaC7 gyn. EaaU~C7oJ 3,5 b U ~ ~ ~ ~ ~ (Q ~ ~--% O ~ •`~ ~ N ~ ~ ~ ^' y~-+ ~ ~ ~ ~ U ~~3~~ C L_ O •> •> Q N ~ U .N ~0~~~ ~ lq _N ^U' U O •~ ~ O d ~ O ~ ~ ~ ~" fl.. t6 Q-= ~ N O ~~ rt~ L ~ O~ ~ O O (6 ~ C N !n O ~«.- 3 :O O +-~ ~ O ~ ~ U ~ O ~ U •D V (0 ~ ~ U ~ ~ O d to U i U J Q r Z Z U J Q W O O O7 ^t4 1..L CLSII • ASSOCIATES DATE: November 17, 200& TO: Daniel E. Nelson, Project Evaluation Specialist The State Of Arizona Game And Fish Department 5000 W Carefree Highway Phoenix, AZ 85086-5000 FROM: John Hucko, RLA, ASLA SUBJECT: Cortaro Farms Rd & Cerius Stravenue -Letter dated 10-1-08 Property in Northwest Metropolitan Tucson, adjacent to the Town of Marana. • We have visited the project site to review the current existing site conditions and to assess the possibility of Special Status Species occurrences on the project site. Based upon past development of the site it is our opinion that none of the listed species occurs on this property nor is it Likely to occur in the future. We have attached a recent aerial photograph for your information. attachment • 3025 West Ena Road Tucson; AZ 85741 ~~ TEL 520.777.6728 FAX 520.777.3872 www.oaconsulting.com 'b ~n h I-F. VIEWSHEDS • 1. Views onto and across the subject property from adjacent properties are mapped on Map I-F.1. None of the views and vistas depicted on Map I-F.1 that are currently visible from adjacent properties will be blocked by onsite development. There are limited long- range views to the north. To the east there is an unobstructed long-range view of the Catalina Mountains. To the south there are no particular views of interest... To the west there is a -long-range view of the Tucson Mountains, and amid-range view of the elevated I-10 Highway. From the site the short range views are of Cortaro Farms Road and of the perimeter wall around the rear of the lots backing onto that street to "the north. The only views onto the property are from Cortaro Farms Road to the north and west and from the rear of the lots abutting to the south. The vegetation, both introduced and native, along the north and south edges of the property does provide some visual buffering of those views onto the subject property. 2. Portions of the property along the borders of the property could be classified as `high visibility' for someone close to those borders, but otherwise the property is classified as `medium visibility'. Beyond those adjacent border areas the property details would be obscured by the landscaping on Cortaro Farms Road and the vegetation onsite as well as by other structures on adjacent and nearby properties. The areas classified as'high' are of no particular interest, in that the land is occupied by abandoned buildings and otherwise flat and largely denuded ground. See Map No. I-F.2 for the visibility classes. • I-G. TRAFFIC 1. The property is adjacent to Cortaro Farms Road on the north and Cerius Stravenue on the west. Cortaro Farms Road is an arterial roadway as designated by the Marano Major Routes Rights of Way Plan, as well as the Pima County Major Streets & Routes Plan. Cerius Stravenue is not an aerial roadway, but rather is a collector street. 2. There are two arterial roadways within aone-mile distance as designated by the Marano Major Routes Rights of Way Plan and the Pima County Major Streets & Routes Plan. Those roadways are Cortaro Farms Road and Camino de Oeste north of Cortaro Farms Road. They are all identified on Map I-G. Information for each of these roads is provided below. Additionally Hartman Lane, a collector street, is identified. Information below relates to Cortaro Farms Road: a. The existing right-of-way along the frontage of the subject property 150 feet wide, with there being an even 75 feet on both sides of the centerline. b. The Town of Marana's Major Routes Rights of Way Plan designates the ultimate right-of-way to be 150 feet. There is no need for any additional dedication. c. The adjacent right-of-way is public. d. The Cortaro Farms Road right-of-way is continuous in both directions. To the west it runs under I-10 and beyond a couple of miles through Silverbell Road and to Ina Road. To the east it runs due east about Z miles to Thornydale Road • and further where it turns to the southeast for another half mile where it changes name to Magee Road and continues on to La Cholla Boulevard . Cortaro Farms &Cerius Stravenue Page 17 of 41 4/6/2009 ~ ~o i ~ ~~ '~i -- ~ ; / ~1 ~ / ~ ~ ~ ~ I I I / ~~ / I / -. . , I I , I 1 i ~ - - / ~- 1 1 ~ ., ~ ~' I all N ~ / / ~ '~ '~ 1 N i 1 ~ 1 ~ i ` / ~ I / rN 1 ~ 1 / I ~ / `\ I / \ / ~ ~ \\ / ~ N ~ ~ ~ ~ `\~~ // W o a Na a e ~~ x N w~ x- -x-I ¢ W ~ aU ~ I a a o B ~ -~a ~ -x- -x--x a N y ~ N ~ / \~ I W ~ 16~ O1,\ww III \\!9 ~ O H Y, 2158 `_8JC1z N d N 2 2 rsac,t 17 e. There are two travel lanes in both directions on each side of a raised and landscaped median. On the outside of these travel lanes there is a bike lane, a • vertical curb, and a concrete sidewalk. The capacity of such afour-lane roadway is 31,100 trips per day according to Olsson Associates. The posted speed limit is 40 mph and therefore the design speed is expected to be 50 mph. f. The Pima Association of Governments' (PAG) 2007 Traffic Volumes Map indicates thatbetween I-10 & Camino de Oeste the ADT is 23,000, per a 2004 count. g. Cortaro Farms Road is an urban roadway, paved and with curbs on both sides of each direction of lanes. Currently there is direct access to this roadway from Lot 2, the easterly of the two subject lots, as there are driveways serving nearly ali of the other lots fronting Cortaro Farms Road. h. There are no current plans by the Town of Marana or by Pima County to upgrade Cortaro Farms Road, although it was recently improved. Information below relates to Camino de Oeste, north of Cortaro Farms Road: a. The existing right-of-way between Cortaro Farms Road and Linda Vista Boulevard varies. Near Cortaro Farms Road there is a 45 foot west half and a 30 foot east half. b. Both the Town of Marana's Major Routes Rights of Way Plan and the Pima County Major Streets & Routes Plan designate the ultimate right-of-way to be 150 feet. Additional right-of-way will eventually be needed. c. The right-of-way is public. d. The roadway extends both north and south of Cortaro Farms Road, however, to • the south the roadway changes names to Sandy Desert Trail. There is a jog in the southbound leg of Camino de Oeste which intersects Cortaro Farms Road about a half mile to the east. From there the roadway is continuous for 1.5 miles to the south to Ina Road. The northbound leg is continuous for miles to the intersection with Moore Road. e. The roadway contains two travel lanes and has a capacity of 14,600 trips per day. The posted speed limit is 35 mph and the design speed is 45 mph. f. There are no current plans by the Town of Marana or by Pima County to upgrade Cortaro Farms Road in the vicinity of the subject property. 3. The intersection of Cortaro Farms Road and Cerius Stravenue is the only intersection expected to be used to any significant extent by the proposed development. 4. Cortaro Farms Road contains bike lanes and sidewalks adjacent to the property. The concern regarding connectivity to parks and schools seems not to apply given that the project is commercial. • Cortaro Farms &Cerius Stravenue Page 20 of 41 4/6/2009 I JOPLIN LN, COR ARO i "Q~~ ~. ~~ ~~' y i FARMS 0, COR ARO RD ; a SECOND RY TRA L ~ ~ ^~ ~ _ ~ ~ ~. ~~'~ ~i~ 22 23 .~i ~~ --_- - - ~ 23 24 ~' ~------~~ ~i~ - __ -O 27 126 ~1\fri` i^ ____ '!' '---2B 25 i ~ q. ~ ` ~ I ~i ~i' - 0 S \ ` `' `~~' ' W® „p ~ ~i 'ri ~ ~i O ® I /~ ? ~ ~~F ~ SUNSET ? , POINT O f ~~\ ~ H~ ; PARK a i ~~ l~S,L_SWtiil ZF ~~`~ 1 ' ' ORT WE ~u+~ ~` IRE TA ION 6 9j. ~. ® i c~` ~. 1 I 1 ~ \\ ' . ~.~-~ ` --i ~ ` `` . CORTARO FARMS ~ 1 - ~.- - ... OAO. - _. _-.- _ ,.__. - - ~ ---- - ~ -- - -- - -- --- - - ---- 1 LE -- ~~ fe ~ ~ - 1 ~ , of A - --~ i ~ ',P P ~` ~ JOPLIN LN, CIRT R FARMS RD, CORT RO D `~ L ~~ a ~ CONDARY FRAIL ~PO ~~ ~ ; ~ ~ ~ ~` ' ~ ~ _-___ '`___ _P____ 4 SA TA CR ~" \\ 92, a RIV R s 1 G TRA ~~~~ ~ ~ ~~ ~P _ ~ ~ ~ ~. 4 /Q~ ~ ~ ~ `s' v ` •A A / ~ 27 ~ 2B' ~ ~ j ~ ~2B 125 ~~~ ~. 34~~35~ ,~ ~ i ~~Gi ~ ~~ 35 X36 ~ ~ ~`~ ~ -`Vi W, ~` i ' " i i ~ ~ ' ~ .~ ~ SILVERBELL-CORTARO ~ S'<~~ ~~ DISTRICT PARK ~ i ~Re~<<~ ~~ ~ ~ 3 ~ ~ ~~{. 'QOM SA TA CRUZ RIVER -~4O ~ N/KI G TRAIL ~ ~~, ]/ ~ a ,- ' ~ 1 _ ~~ O ~ /0 a ~ ~ 2 Z~~ MA55/NGAL I ~ \~ ~~ ~. ~~ ~I ~~ ~i 1 \ s'9N ° 9l. ~ ~ ~ T9 ~i ~ s / ~~ SANTA i CRUZ IVER ~ -"O ~ ~~~~ W/L ~~~ <''I'a IKING~TRAIL ° '? 2 6? ~`.~~ TRAlLE ~~~ q h i ~ \ i MARANA POLICE 5 ~ ~~ 4 ~ ~ SUB-STATION LEGEND AND KEYNOTES: O ~ ~ ~~ SILVER LL ROAD ~ a u 1. ARTERIAL ROADWAY ~ DEST IAN TRAIL i ~ 2. COLLECTOR ROADWAY t 4 ~~ i 1 3. PUBLIC PARKS ~ ~~ w, i'-~~~~ 4. PUBLIC TRAILS ~'~ - , - ~` 35 ~~3s ___ _ _ - - - - /NA ROAD fA15&RJ QO INA ROAD fM5&RJ I ® 5. MARANA POLICE SUBSTATION `~~f -- -~_ - T - - - T \~ 6. FIRE STATION ~ ~~ _ ~ li 1 ~ Quikrrsp Corcv exi.ersce Sro re 1ti456 MAP N o I - G ~j~/~~~~~\\\/%/~~~ n ann3n as eve pmeat ervices a55E55DR'a PARCEL No'a 221-ffi-02fi0 d 0270. BE lNG L075 t d 2 ~--i ~~.+~+'/002 B.6[68[[e<[Tv ~., A[i,om 83110 P5onet PVZ: 520-885-5031 ~N THE RSE ~~Of SEC 26COAD ~2 S R 123E C65RM. PIWAS LOUNTYr Al TRAFF/C ~ RECREAT/ON MAP - ~_~~,..~,.,~.~„t »rn~.a,~~e„-,s-,r.ar-HC~.wrv PAGE 21 200?02:41:44 I-H. RECREATION AND TRAILS • 1. With the proposal being a commercial project will not generate any need for recreation space this section is essentially not applicable. Nonetheless, there is only one existing public park within one mile, that being the Sunset Point Park near Cortaro Farms Road and Camino de Oeste, and one planned public park, that being the Silverbell -Cortaro District Park near Silverbell and Cortaro Road.. There are two public trails that lie within this same one mile radius, those being the Joplin Lane/Cortaro Farms Road/ Cortaro Road Secondary Trail and the Santa Cruz River Primary Hiking Trail. The Park and two Trails are depicted on Map I-G. The source of this information is the Marana Open Space, Parks, and Trails System Plan, the Marana General Plan and The Eastern Pima County Trails System Master Plan. I-I. CULTURAL /ARCHAEOLOGICAL /HISTORIC RESOURCES 1. The firm of Professional Archaeological Services of Tucson, LLC (PAST) conducted an archaeological survey and prepared a report. That report indicates that the property is within the boundaries of an existing site much greater than the area of the subject property and recorded as AZ AA:12:285 (ASM). The results of the survey revealed the presence of one sherd, and otherwise "no surface evidence of the site was observed." Information on the results of testing and data recovery on the property immediately to the west was discussed as well as was the conditions of the so-called 'Dairy Site', being the subject of AZ AA:12:285 (ASM). • 2. The re ort re ared b PAST was submitted se aratel to the Town of Marana. It states p P p Y P Y that Site AZ AA:12:285 (ASM) is significant and therefore either avoidance take place or additional archaeological study be performed. I-J. MCHARG COMPOSITE (CONSTRAINTS) MAP The Composite Map (i.e. Map I-J) graphically integrates the significant site features identified above. The features that qualify are 1) the designated 100-year floodplain area, and 2) the areas of High Visibility, and 3) the Archaeological Site_ The last feature relates to a recorded archaeological site that covers an area much greater than the subject property. • Cortaro Farms & Cerius Stravenue Page 22 of 41 4/6/2009 A i~ ~N K I~ rn~t z3 PART II -LAND USE PROPOSAL • II-A. PROJECT OVERVIEW The project will consist of a single commercial building, i.e. a convenience store with gas pumps under a canopy in front of the building. Access into and out of the property is off of both Cortaro Farms Road and Cerius Stravenue. Sufficient parking to support the convenience store is located in front and to the side of the store. Landscaping will be installed along both street frontages and along the rear and east boundary of the property, as well as within the parking lot. The site will be graded to raise the building and surrounding area above the 100-year water surface elevation. The onsite drainage will be routed to a detention basin in the southwest corner and to depressed water harvesting areas along the north and west boundaries. The convenience store will be owned and operated by QuikTrip Corporation which runs such convenience stores in numerous cities throughout the United States. The store design is a substantial improvement over that of other existing convenience stores presently in Tucson. To demonstrate a typical building and site condition a typical building perspective is enclosed in Exhibit II-B.2. The Convenience Store development does not take up all of the subject property, and so there is a surplus portion of the property on the east side. That surplus property will be reserved for possible future commercial development, either connected with the subject property or with the adjoining parcel to the east should it undergo a commercial rezoning. Across access driveway is shown on the plan to provide access to this property. Prior to any development being • allowed on this surplus property the owner will submit a development plan to demonstrate how it will comply with all applicable regulations. II-B. TENTATIVE DEVELOPMENT PLAN The full-size Tentative Development Plan (TDP) is submitted separately from this report. A reduced copy of the TDP is enclosed herein (i.e. Map II-B.1). The following information is presented to better understand the proposed project: a. The Gross Site Area is 89,609 square feet or 2.06 acres. The Net Development Site Area, excluding the Surplus Property on the east side, is 66,869 square feet or 1.54 acres. This compares with the minimum site area for afree-standing pad in the NC zone of one acre. b. The total building area is 5,014 square feet and the area of the fueling canopy is 9,877 square feet for a total Lot Coverage of 14,891 square feet, or 22 percent of the Net Site Area (or 17% of the Gross Site Area). This compares with the allowable Lot Coverage 35% in the NC zone. c. The total floor area of the building is 4740 square feet. As a function of the (Net) Site Area that is 7 percent, which compares with an allowable Floor Area Ratio of 50 percent. d. The building height is no greater than 20 feet. The maximum building height in the NC (Neighborhood Commercial) zone is 30 feet. e. The required and provided building setbacks are as follows: 1) For Cortaro Farms • Road the required is 20 feet and the provided is 32.5 feet to canopy, 2) For Cerius Stravenue the required is 20 feet and the provided is about 90 feet, 3) Along the Cortaro Farms &Cerius Stravenue Page 24 of 41 4/6!2009 south boundary the required is 20 feet (however the space buffer is 25 feet)- and the provided is 25 feet, and 4) To the east boundary the required is 20 feet (although • again the space buffer is 25 feet) and the provided is about 185 feet, and it even is about 80 feet to the edge of the surplus property. f. The required parking, calculated at 1 space per 200 square feet of floor area, is 24 spaces. The number of spaces provided is 33. g. There will be one Service Station Price Sign on Cerius Stravenue and one Pole Sign at the intersection of Cortaro Farms Road and Cerius Stravenue, as is permitted in the Code. These signs will be located outside of the sight visibility triangles. These proposed signs will be subject to review and permitting through the Town of Marana Development Services. h. The development is subject to compliance with the Town of Marana Commercial Design Standards, as defined in Section 08.07 of the Town of Marana Land Development Code. II-C. EXISTING LAND USES 1. Map II-C. shows the boundaries of the zoning districts within and adjacent to -the subject property. It also identifies the existing land use on the surrounding properties. 2. The proposed development will result in the demolition and/or removal of all existing structures. A conversion will take place resulting in the replacement of semi-rural residential activity, in an area that otherwise is suburban in nature, to modern • commercial development. The impact will be the expansion of commercial activity along Cortaro Farms Road, providing services to nearby residents. The immediate residents to the south should not significantly be impacted visually due to the screening. and landscaping planned along the south side. II-D. TOPOGRAPHY The project will result in the grading of the entire gross 2.06 acres site. The convenience store 1.54 acre development parcel will be fine graded and either paved or landscaped while the 0.52 acre surplus property will be rough graded to the anticipated final grade. Thus 100 percent of the property will be graded. However, already a substantial portion of this property has been grubbed and graded due to prior activity. Consequently none of the subject property will be left in its natural state. The building is preliminarily set at a finished floor of 2164 which is a few feet above existing grade. This increase will elevate the building above the FEMA base flood elevation. Also it will create better visibility for the Cortaro Farms Road motorist. The Preliminary Grading Plan shows a grade break within the parking lot to accommodate the allowable runoff to the north and south. An alternative to be explored during the final design stage will be to straight grade the site to the north and install a private underground storm sewer system in the parking. lot to collect a sufficient amount of the runoff at the north boundary and piping it back to the south and into the detention basin. • 2. The site does not contain any slopes of 15% or greater and therefore this item is moot. 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V' I x- - I ~ Z 0 ~ i ~ W I ~ ~ ~ ;. i ~ co N~< W , ~".> 4 ~ W°~_ o-~ NN o ~ C~,~.YN -x ~ g I m °5' ~ ~2a - I -_. - - ~ m 2 I I 1-^ - x ~ ~~ pp V1 * onN ~oaN u~q. ~ ONN _-_~ M Cm~ x~= d..CN n;T A O ~ 1 /~ q0~ Q ~ Q,OWb N 0 r1=y V u~R+ ~' C ~ ~ a~ na no M a' - _ - \ ~ .p V ai N NNW x N wo~- Q I ;~ ~ ~ ~Aao~ ~ / _ - __ - _ _ _ 0 _ _ - -Q"_ _ q, I o~ U ~ ' I ~ ~ " qe i I -, -1 ~~ ~ - Ir ~ qr I L~ J p~ qW ~~ I ~~ I ~ • ~ ~ N ag CER/US STRAVENC/E -- ----- --0------_~_ PAGE 28 3. With the pre-development average cross slope being so low there is no need to take advantage of the Hillside Development provisions for lowering that number by the • designation of natural open space. II-E. HYDROLOGY The Tentative Development Plan and the Drainage Map show the proposed convenience store building to be outside of the designated ponding area, with only site improvements such as the parking lot and the detention basin within it. There is an existing designated floodplain along I-10, and the adjacent commercial developments (i.e. Circle K and Wendy's) have been elevated to be above the flood elevation of the zone, and this may block and prevent flood waters from reaching the property. Nonetheless, the building pad is shown to be elevated above the FEMA base flood elevation. 2. The Tentative Development Plan shows a complete avoidance of the Zone AH portion of the site with structures. The convenience store is outside of that zone and within the area designated Zone X. There are no designated floodplains to avoid. The existing drainage patterns will not be altered. 3. The Drainage Map {i.e. Map No. II-E) shows the post-development drainage conditions. They do not create any impacts to offsite properties, either upstream or downstream. The post-development discharges will be reduced by 15 % to those under existing • conditions. 4. The Drainage Map {Map No. II-E) shows the onsite post-development drainage patterns, including the flow arrows in the parking lot. Those flows lead to the north along Cortaro Farms Road and to the southwest. The flows to the north will be captured in the landscape buffer by depressing the area by about 6-inches to accommodate water harvesting, with a limited amount in the greater storm passing through the buffer area onto the street and into the catch basin. The flows to the southwest will be directed into a new detention/retention basin which will be designed to comply with the critical basin requirements of reducing the discharge by at least 15 percent. 5. The Tentative Development Plan conforms to all applicable and adopted Town of Marana area plans, basin management plans and Town policies. II-F. VEGETATION 1. The Part 1 -Existing Vegetation Section describes conditions of minimal significance. These conditions do not warrant any specific treatment or particular preservation. Thus the Tentative Development Plan should not need to respond to any such vegetative conditions. • Cortaro Farms & Cerius Stravenue Page 29 of 41 4!6/2009 PAGE 30 i `, . I . , ti , I 1 1 a / i I I ~ a 1 I 1\ \ p 1 I N / 1 i ~ / 0 1 1 I ao ~ 0 °i i 1 ' ~~ ~ I / ` ' ' / F ~G 0 ~ ~ l i f U ~ \ 1 . I 1 e N ~ I i i ~ ~ ( __ T,, ~ ~ ~ ~ e Q I 1 ~ ~ I` ~ + Q' i ~ 1 - ~ ~ ( W 1 i ~ ' g ~ o ~ 1 ~ 1 1 II ~ I I i + ~ I 1 O F ~ Q ~ I I 3 . z i ' ~ ~ e ~ . ,~~~ 1 RW - ~ ! e ~ I W . k I ,~ w ' 0 ' wH~ I ~x~ (U I i ~ o ( i a 1 i ~ ~,' N I I a II i I I I~ Oi o ~ ~I N 1 ~ I 1 I ~~ I ~ . I I 1 1 1 I L O 1 ~ ( ~ ~ z I l ` N 'Wa I y~O3 ~O, I W Vf VWi O ~ ~ I .L. 1 1 I I `~ ~\ \ I I :; I . I ~ ~ ~ Q W~ a~ ~ aV a ` as ~ B ~ ~ '^ 0- Q h~l h i ~ y~ 216 2 I ' `ly y~ O~ I ~ I ~, ~ ~ xa `. . a? 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LIW~o x.10 ~20Y ~a CQ >O ti tC a.N qd ur ... t0 .~ • ~. ~~ O a x ~ 9 . ~ ~ ooo aoe ~ ,., F :, ry NVIA v O ~ i~ n ':: J::' ~G. ~ w ~ ' I ~ ~ r o @~ wtl 2 - 2 O J+ ~ ~ '~ 7j ~ °' ~Q .~ °s II o o o o : ~ ~ a h 0 o , ~~` ~ ~s~t' ° ~---- ~3~~5 I p0' G 1 Goa Z ~ 2 ~ v ~W W~Q or Fa. too ~b ~~ ~ .`. ~ '^ O`R ~ ti 2~ ~aW TWO W 2W 03W z u ' ~O P I tiRW 3=Q Whj~ wQo m ¢ 2 ~tiQ 0 a O m Ta o V, y \ -,~` u ~~ PIMA COup~ I I ~ I - : ~~ - - - - - ~ TOWN OF MAYZANA ~ N I ~~ ~~, iaiHO ~~~'o.ba '~-piss--' t -- - I s s~~-~~ a I / - ~~ :: ~. ,~ ., ~- -~ Cfl I I \ ;~ CERIU3 ISTRAVENUE,~ d ,' IN / I _ 1_ _ \I ~ / I _ ~ ~~ j ~ N ~ / ~ ~ ~ \ y ---- -~_6S72~,_ ~ 09IZ ~ it a F M u O ~. z u ,.~ ti a . I ~ I ~ G I --I PAGE 31 2. Adherence to the Native Plant Preservation Ordinance requirements will be achieved during the Development Plan review process. The `plant inventory' method will be • employed and compliance will be demonstrated through the mitigation provisions of the Code. Onsite trees and vegetation will not be able to be preserved in place except to a limited extent along the south boundary and on the `surplus property'. Those trees that are not in conflict with the construction of the south boundary wall or the detention basin will be preserved in place. II-G. LANDSCAPE PLAN 1. Map II-G.1 is a concept plan for the proposed landscaping. It shows landscape buffers along all four sides. On Cerius Stravenue, from the driveway south, it shows a 20-foot buffer, within 10-feet in the property and 10-feet in the right-of-way, and without any structure. On Cerius Stravenue, from the driveway north to the Cortaro Farms Road intersection and east to the driveway on Cortaro Farms Road, it shows a 15-foot buffer, with 10-feet in the property and 5-feet in the right-of-way, and with a 31/i foot wall on the property line. Along Cortaro Farms Road east of the driveway (i.e. in front of the surplus property) it shows a 20 foot buffer, all in the property and without a structure. Both of the street frontage buffers are in accord with the Town's Commercial Design Standards. A license agreement will be necessary for the encroachment into both right- of-ways. An application for such Right-of-Way. License will have to be submitted to the Town of Marana Real Property .Division. The Plan shows a 15- foot buffer along the south and east boundaries in accord with the Landscape Ordinance (Title 17) -Table 7-1. • That Table treats the adjacent property in the'A' column. These landscaped buffers are a portion of a required 25 foot NC (Neighborhood Commercial) zoning'space' or distance buffer adjacent to residential uses or zoning. Neither of these boundaries requires a structure, but at the developer's preference, and to provide privacy and security to those to the south, a 6-foot masonry wall will be built along the south boundary. This wall will contain weep holes for drainage purposes. All buffers will contain landscaping at the rate and with the plant species as is required by the Code. Landscape areas will incorporate water harvesting basins to utilize storm water run-off to supplement the irrigation/water needs of the plant materials. The basins will be located entirely within the property boundaries. 2. Exhibit II-G.2 depicts cross sections and plan views for each of the three different landscape buffers, clarifying the discussion above. Both the Concept Landscape Plan and these Details are preliminary and will be refined and finalized during the Development Plan review. II-H. WILDLIFE 1. Section I-E of this report states that the site contains no special status species and therefore no special treatment on the subject is necessary. • Cortaro Farms &Cerius Stravenue Page 32 of 41 4/6/2009 PAGE 33 _____-i I DETENT/ON BAS/N 100' fTYP/CALJ I CER/US STRAVENUE PLAN V/EW z SCALE: l "=30' r- ----- ~' ______~ I CORTARO FARMS ROAD or CER/US STRAVENUE 700' fTYP/CALJ ~ SMALL ~ ~ DESERT DE ERT I TREES AC ENTS DECOMPOSED I GRANITE P RK/rNG OR/VEWAY PLAN V/EW SCALE: !"=30' 1`T ~---- 3.5' DECORAT/VE 75' MASONRY WALL I 3 4 1 3 8 5 0 I I ' ,gr~ it ~. I CROSS SECT/ON A-A DETA/L 2 SCALE: 1 "=10' BUFFERYARD 'C' -ALONG CER/US STRAVENUE_ AND CORTARO FARMS ROAD ~ -I CORTARO FARMS ROAD .,_ 700' fTYP/CALJ. I 20'Q UFFERYARD i ' I KEYNOTES: CROSS SECTION A-A SCALE: 1 "=10' Ol IN PROPERTY DETA/L 3 2O IN R/W ADJACENT TO SURPLUS PROPERTO FARMS RD O 11-C:.LS tD DETAILS #7 11 MARY200¢12:05:11^"-"°"`~""`"-"N"""s~rl„-~, CUhh-UIL-E.UGN PAGE 34 ,~ J CROSS SECT/ON A-A ~ DETA/L 7 SCALE: l "=10' BUFFERYARD 'C' -ALONG CERIUS STRAVENUE SOUTH OF DR/VEWAY ~ -, EAST PROPERTY L/NE I. !00' fTYP/CALL ~~ . ~ ~ ~ I~ SMALL DESERT DESERT DECOMPOSED ~ ~ (- ACCENTS TREES GRAN/TE SURPLUS PROPERTY - PL AN V/EW z SCALE: 1 "=30' r----- 25'Ol fL' I 'NC' SPACE BUFFER I I /5' BUFFERYARD ~ ' I - ~ - CROSS SECTION A-A DETA/L 4 SCALE: 1 "=[0' BUFFERYARD 'C' -ALONG EAST BOUNDARY r - _l~' fTYP/CAL! ~ NEW BUILDING Q ~I I DESERT SMALL DECOMPoSED ACCENTS DESERT GRANITE TREES ' cal . ~.'.h ~. cal. : ' ~ : ; : ~: . ~ .... . SOUTH PROPERTY ~ J ~ - PLAN V/EW SCALE: i "=30' 1`T ~ - - 25~° 'NC' SPACE BUFFER BLDG 6' MASONRY WALL I WALL W/TH ~ 15' WEEP HOLES BUFFERYARD I ~;.: ~': i - KEYNOTES: CROSS SECT/ON A-A DETA/L 5 SCALE: 1 "=t0' lO !N PROPERTY BUFFERYARD 'C' -ALONG SOUTH BOUNDARY n IN R/W 1viAr tr 0 11-t.:- BUFFERYARD DETA/L: 1 MARY200<Y12:2J:06^~'-" ri"""-~~~"""'~°„-"-"~~~-~"-°~`~ PAGE 35 II-I. VIEWSHEDS • 1. a. The primary vantage point from where the subject property can be viewed is from along Cortaro Road itself or immediately to the north, and secondarily from Cerius Stravenue. The person viewing the site is likely a motorist or a pedestrian riding or walking on one of those two streets. The change of use is expected to be an improvement over what currently exists from an aesthetic standpoint. The vantage point to the south will be mitigated with dense landscaping and a wall to help screen the site and operations of the convenience store. To the east the resident in the adjoining lot will be separated from the store by the surplus property which in part will be landscaped, however it should be noted that the owner of this lot to the east has indicated that his plans are to develop his property as commercial as well. b. The majority of the high visibility areas are those that are viewed from the adjoining streets. The landscape buffers along those streets should provide sufficient mitigation and the views of the developed site should be an upgrade over what currently is there. The wall along the property line and the deep landscape border along the south boundary should mitigate the impacts to the south. II-J. TRAFFIC 1. The Traffic Analysis Report, prepared by Olsson Associates., is submitted separately. It addresses all of the items in the Checklist, Below is a summary of the Report findings. • a. The Tentative Development Plan shows two access points, one by way of a driveway onto Cortaro Farms Road about 315 east of Cerius Stravenue, centerline to centerline, and the other by way of a driveway onto Cerius Stravenue about 180 feet south of Cortaro Farms Road, again centerline to centerline. The locations were set to provide separation from the intersection to the greatest extent possible, and with regard to the Cerius Stravenue driveway to maintain a reasonable offset from the driveway into the Circle K store across Cerius Stravenue. b. The Report evaluated the need for offsite improvements and found the following. It found the need for a traffic signal for the Cortaro Farms Road and Cerius Stravenue intersection. It found that a 108-foot long right-turn deceleration lane approaching the Cortaro Farms Road driveway would be necessary. It also found that the existing 185-foot left-turn lane at the intersection of Cortaro Farms Road and Cerius Stravenue in the westbound direction is expected to be adequate to accommodate the total left-turn traffic volumes in the westbound direction. Based on discussions with the Town of Marana staff, Cerius Stravenue is proposed to have one (1) exclusive left-turn lane, one (1) shared through and left-turn lane and one (1) exclusive right-turn deceleration lane in the northbound direction. The left-turn and right-turn lanes in Cerius Stravenue in the northbound direction are proposed to be 105 feet long. The southbound receiving lane on the south leg of Cerius Stravenue is expected to be a shared through, left-turn and right-turn lane. This southbound receiving lane • on the south leg of Cerius Stravenue is expected to be used to make a Cortaro Farms &Cerius Stravenue Page 36 of 41 4/6/2009 southbound left-turn into the QuikTrip driveway and southbound right-turn into the Circle K driveway on Cerius Stravenue. • c. The Report projects the QuikTrip store to generate a gross number of 10,852 trips per day, which is 5,426 trips in and 5,426 trips out. However, the report indicates that 63% of the trips in the AM Peak and 66% in the PM Peak Hour are Passer-By Trips, reducing the new AM Peak Hour trips from 343 to 125 and the new PM Peak Hour trips from 384 to 130. However, the turning movements at the intersection of Cortaro Farms Road- and Cerius Stravenue and at the proposed QuikTrip driveways on Cortaro Farms Road and Cerius Stravenue include the tota1343 AM peak hour trips and 384 PM peak hour trips. The pass-by trips will only be reduced from the through traffic volumes on Cortaro Farms Road. Based on the traffic trip distribution shown in the traffic report, the additional daily traffic volumes from the proposed QuikTrip development are expected to be: • Cortaro Farms Road, east of Cerius Stravenue (45%) - 4.885 trips • Cortaro Farms Road, west of Cerius Stravenue (45% - 4,885 trips • Cerius Stravenue, north of Cortaro Farms Road (5%) - 550 trips • Cerius Stravenue, south of Cortaro Farms Road (5%) - 550 trips The Report indicates that the capacities of both adjacent streets can handle that additional traffic on both Cortaro Farms Road and Cerius Stravenue. The Level of Service at the intersection of Cortaro Farms Road and Cerius Stravenue at build-out, with the installation of a traffic signal and with the changes to the intersection lane configurations is expected to "A" in both the AM and PM Peak Hours. d. No negative impact to existing development nearby is anticipated. The only • nearby development with any relationship from a traffic standpoint is the Circle K store to the west, due to the offset of the Cerius Stavenue driveways. With the changes in the lane configurations on Cerius Stravenue, south of Cortaro Farms Road, minimal conflicting turning movements are expected between the Circle K store driveway and the proposed QuikTrip driveway. e. The capacity of the adjoining two streets will be able to handle the additional QuikTrip store traffic, given the proposed improvements noted in Section f. f. The improvements required for this project are 1) the installation of a traffic signal at the intersection of Cortaro Farms Road and Cerius Stravenue, 2) the addition of a Cortaro Farms Road eastbound right-turn deceleration lane, with 12 feet of additional pavement within the existing half right-of-way, and 3) the addition of a Cerius Stravenue northbound right-turn lane, with 11-feet of additional pavement within the exiting right-of-way. g. The petitioner shall be responsible for all required onsite improvements and offsite improvements adjacent to the proposed development. 2. There are no onsite streets. The onsite driveways will be an integral part of the project and owned by the same party that will own the entire project site. All such two-way driveways will be no less than 24 feet wide. 3. The Tentative Development Plan does show a connection between the existing sidewalk in Cortaro Farms Road and the proposed sidewalk in Cerius Stravenue and the internal • sidewalk leading to the store. Cortaro Farms &Cerius Stravenue Page 37 of 41 4(6/2009 II-K. PUBLIC UTILITIES 1. The project will be served with utilities in the following manner (see Map No. II-K.1): a. There are two public sewers adjacent to the property. One is an 18" line in the south side of Cortaro Farms Road (G-85-80), and the other is a 12" line in the west side of Cerius Stravenue (G-2000-068). Pima County Wastewater Management Department states in the letter that is enclosed that "Capacity is currently available..." in both lines. See Exhibit II-K.2. b. The property is within the service area of the Marana Municipal Water Department. That water provider has a 4-inch water line in the south side of Cortaro Farms Road and an 8-inch water line in Cerius Stravenue. A preliminary assessment by the Water Department indicates that a connection to the line in Cerius Stravenue is most likely. c. Southwest Gas Company has a gas line in the south side of Cortaro Farms Road. d. Tucson Electric Power Company has an underground electric line in the south side of Cortaro Farms Road. e. The existing 10-foot Utility Easement that runs north/south between Lots 1 & 2 will be abandoned and replaced (i.e. `exchanged') with a relocated easement elsewhere on the property, as shown on the Tentative Development Plan.- The exact boundaries of the relocated easement will be determined during the Final Development Plan process. II-L. PUBLIC SERVICE IMPACTS • 1. The impacts to Police, Fire and Sanitary pick-up services are described below: a. Police: The development will be served by the Marana Police Department. That department has asub-station, a little over 1.5 miles to the south. at 5100 W. Ina Road. It is shown on Map No. I-G.l. All buildings within the project will contain an alarm system, mitigating against the impact of crime. b. Fire: The Northwest Fire District serves .this property. It has a station, (i.e. Fire Station #38) located less than a mile away to the east at 8475 N. Stargrass Drive, just north of Cortaro Farms Road. Currently the nearest fire hydrant is on the west side of Cerius Stravenue at the Circle K driveway. The need for an additional fire hydrant onsite will be evaluated during the DP process. c. Sanitation: The developer will contract with a private. garbage collection company to pick up the solid waste. 2. There will be no impact onto schools, from the standpoint of enrollment, as the project will be commercial. Of course, there will be a positive impact onto the school district's financial condition due to the added property tax that the project will generate. There should be no impact on parks from the standpoint that there will be no residents that will generate a need for park use. The sales tax and the added property tax generated by the commercial project will enhance the Town's ability to fund park facilities and operations. r ~ L J Cortaro Farms &Cerius Stravenue Page 38 of 41 4/6/2009 __. _. _ _ _ a w ~ ~~ ; __ ~~ ~ z ~~ ~" ' w H Q: g ~ ~ n a ~ ~ H~ J ~ o~ 2 a ~ Z~ ~. O O e~ __-_ ., -7 ~ a h ~ N +T+ ~i ~ __ o ~ ~ ~J J ~, -S S- ; ~ m N ~ ,^ Q •N a w ~ ' x _......... _ - ~ _ ;.. _ - -- ~ , 0 0 `: ~ P ~,, a" N y " x a~ ~ ~ 0 ~ W A a Q •M a jG/ G- -.G- 1-.~---_39f9= ~39Fi-°°-3Jf3= --Y' - -3~R= 3~f1- ~~~R~ x Fy _ _„ V Q h __ -~ _ ~~ 00 y S o a PAGE 39 op ~~~ - ~~ ~~ • ~~I ZO~~ .. . Pima County Regional Wastewater Reclamation Department 201 N. Stone A"ve., 8~ Floor Michael Gritzuk, P.E. Tucson, Arizona 85701 Ysit our wetrsite: Director (520) 740-6500 http:/Iwww.pima.govlwwm November 14,.2008 Michael Marks MJM Consulting 7002 E. 4t" Street E X..:,..11, _ K ~ 2: Tucson, AZ 85710 Capacity Re$ponse No. OS-211 Type 1 RE: Quiktrip Convenience Store, on Parcels # 221-18-0260 ~ 221-18-0270 Estimated Flow 500 gpd (ADWF). Greetings: The above referenced area is tributary to the Ina Road Water Pollution Control Facility. (IRWPCF) via the Continental Ranch Interceptor. • Capacity is currently available for this project in the 18anch public sewer G-85-080 at manhole # 4678-09., or in the 12-inch public sewer G-2000-068, between manholes # 4563-t)1 and 4678- 08. This letter is not a reservation or commitment of treatment or conveyance capacity for this project. To reserve capacity in the downstream public sewer system, a development plan or subdivision plat must be submitted for review and approval, so that a Sewer Service Agreement may be executed between the owner l developer and the County_ Note: Conditions within the public sewer system constantly change. A Type tl letter must be obtained to verify that capacity exists in the downstream public sewer system. This update should be obtained just prior to submitting the development plan or subdivision plat for review and approval, so that the Sewer Service Agreement may be prepared (if appropriate) during the review process. If further information is needed, please feel free to contact us at (520) 740-6534. Respectf/ul}ly, _ , ~lir~-t / ~ o'tr,r-t- Tim Rowe, P.E. Capacity Management Section • TR:ks c: Subhash Raval, DSD; T12, R12, Sec. 26 ~0 II-M. RECREATION AND TRAILS • I. With the project being commercial, this section will not apply. 2. The future property owner will continue to own all of the subject property. 3. There are no public trails running through or located adjacent to the subject property. The closest trail is the Joplin Lane/Cortaro Farms Road/Cortaro Road Secondary Trail, located at its closest point to the west near the I-10 northbound frontage road and Cortaro Farms Road. II-N. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES 1. Based on the recommendation by the Archaeologist, the owner will have further testing performed prior to grading work to determine the existence ofsub-surface resources. This testing would be part of asite-specific treatment plan 2. The method of how any important cultural resources, if present on the parcel, might be .incorporated into the development would be determined in a subsequent testing operation. 3. As stated previously, further testing will be performed as part of asite-specific treatment • plan. • Cortaro Farms & Cerius Stravenue Page 41 of 41 4/6!2009 ~-~^~ MARANA w `%/I\ PLANNING DEPARTMENT MEMORANDUM TO: MAYOR AND COUNCIL FROM: LISA SHAFER, ASSISTANT PLANNING DIRECTOR THROUGH: GILBERT DAVIDSON, TOWN MANAGER SUBJECT: QUIKTRIP REZONING DATE: 05/20/2009 CC: KEVIN KISH, DEVELOPMENT SERVICES GENERAL MANAGER On Thursday, May 14~', the Town Clerk's office received a Petition of Legal Protest from MD Partners LLC, representing the property owner on the southwest corner of Cortaro Farms Road and Cerius Stravenue (Parcel # 221-18-138G). The owner of record for that parcel is Circle K Stores Inc. Attached to this letter were 69 signed Statement of Opposition from property owners and residents in the adjacent Oshrin Park subdivision. Staff has attended two of the neighborhood meetings and listened to the concerns of the residents. None of the residents at these meetings had strong opposition to the project. Many of their issues were related to traffic and drainage in the area. During the public hearing before the Planning Commission, no residents came forward to protest this rezoning. Due to these factors and that many signed statements of opposition were for the same lot, the Planning Department evaluated each of the documents to identify how many lots were represented and which ones were actual property owners. Some of the signed statements identified the person as the owner, but after checking with the Pima County Assessor website they were not found to be the owner of record. The following is a breakdown of staff's assessment of the signed statements. • There are 113 lots within the Oshrin Park Subdivision • The 69 signed statements came from 45 lots. Many of the signatures were for the same lot. • Of the 45 lots represented, 28 came from the owner(s) of the property. • There were 171ots where the renters signed the statement of opposition without the owner signing. On Friday, May 15`i' Lisa Shafer called 1 t of the property owners who signed the statement of opposition. Below is a brief synopsis of what each of the people told Lisa. Susan Burt Whitmore-Lot 30, She says that a very smooth talking guy came to her house and talked to her and her daughter. She said that she was misled by this guy by him saying that if this went through she would no longer be able to have horses. She was very apologetic to the Town for believing this man. After she signed it she called Jim Beilman from QuikTrip and he explained that it was only lots 1 and 2 that were being annexed and rezoned and that this would not affect any of the other properties in Oshrin Park. She said that she thought that the QuikTrip would be a good thing and did not care if they went in on lots 1 and 2. Beverly Bennett-Lot 70, She said she signed it because she did not want to be annexed and that a gentleman came to her house telling her the entire area was going to be annexed. She said that she is too old to care if QuikTrip goes in. Regular Council Meeting -May 21, 2009 -Page 89 of 266 Amanda Abbott-Lot 47, She said that she understood it was only lots 1 and 2 that were being annexed and rezoned. She did not think that the store was needed in the area with the Circle K and the Wal-Mart being so close. She did not want them to sell liquor. She also said that she was neutral on the signal going in at the intersection. She did state that a gentleman came to her house and told her that if QuikTrip went in they would bring in sewer that everyone in Oshrin Park would be required to connect to and it would cost them $4000 a person. Joseph B1omn-Lot 48, He said that he was not against the QuikTrip; he said that he would find it quite convenient. He was opposed to the abolishment of the CC&R's. He did not care if all the lots along Cortaro Farms went commercial, just not lots interior to the subdivision. The CC&R's stated no commercial within the subdivision. Some guy came to his property and asked if he wanted to be part of a lawsuit regarding the CC&R's. This was the same guy that he signed the statement of opposition for. He declined to be apart of the lawsuit. The guy would not say who he was hired by, just to say that he was working for the Organization for the People of Oshrin Park. Rhonda Rogers-Lot 50, Wanted to know how the zoning affected her. Lisa told her that her zoning would stay the same. She stated that if it did not affect her she did not really care if QuikTrip went in. Hilda Scott-Lot 104, She was concerned about the desert being taken away by more construction. It is getting more difficult to ride their horses. This development would bring more traffic. She was happy that the signal light was going in. She thought it would help them better get their horses across Cortaro Farms. Jo Koosmann-Lot ~3, She said that she really can't remember why she signed the statement of opposition. She is concerned with the high speeds on Cerius Stravenue, since it is a 25 mph zone and everyone goes faster. She did not know about the new signal light and said that if QuikTrip would put that in she would keep her mouth shut on the speed issue. She was very excited about the signal. Troy Hoey- Lot 91, He stated that a guy came to his house claiming to live in the neighborhood and said that the Town was going to annex and rezone the entire Oshrin Park to business. He said that he does not have a problem with QuikTrip. He is very upset that he was misled by this gentleman working for Circle K. He will either attend the meeting or send in a letter stating what he was told. Alisa Anson- Lot 22, Left a message but did not hear back from her. Franklin. McCollum-Lot 74, Left a message but did not hear back from him. Alan Ruch-Lot l 10, Left a message but did not hear back from him. Staff has also received three additional letters which have been provided to the Council. The first is from Jim Patterson representing residents of Cortaro Ranch. The second is from attorney David Cisiewski, representing property owners within Oshrin Park regarding the abolishment of the CC&R's. The third is from Stephen Martin representing two owners adjacent to the rezoning area that have signed petition of legal protest against the annexation and rezoning. To date the Town has not been contacted directly by any of these residents stating their concerns. Regular Council Meeting -May 21, 2009 -Page 90 of 266 X59 .~ 05-14-09 PQ2:4 4 Site Selection • 12,eaC~Estate • Entitlement • ~eveloptpcent • Investments Martin Sepulveda 6112-6I6-3736 May 13, 2009 Ms. 3ocelyn Bronson Town Clerk Town of Morons, Arizona 11555 West Civic Center Drive Morons; Arizona 85653 Councilmember Ton Post Town of Marano, Arizona 11555 West Civic Center Drive Marano, Arizona 85653 Mayor Ed Hones Town of Marano, Arizona -11555 West Civic Center Drive Marano, Arizona 85653 Vice Mayor Herb Kai Town of Morons, Arizona . 11555 West Civic Center Drive Marano, Arizona 85653 Councilmember Roxanne Ziegler Town of Marano, Arizona 11 S55 West Civic Center Drive Marano, Arizona 85653 Councilmember Carol McGorray Town of Morons; Arizona 11555 West Civic Center Drive Marano, Arizona 85653 Councilmember Patti Comerford Town of Marano, Arizona 11555 West Civic Center Drive Marano, Arizona 85653 Councilmember Russell Clanagan Town of Marano, Arizona 11555 West Civic Center Drive Marano, Arizona 85653 RE: Petition of Legal Protest Case No. PCZ-09005 QuikTrip Rezoning Case No. CUP - 09016 QuikTrip Conditional Use Permit Southeast Corner of Cortaro Farms Road & Cerius SV Dear Ms. Bronson, Mayor and Councilmember's: Please find attached a Petition of Legal Protest from the owner of real property located at the 'southwest corner of Cortaro Farms Road & Cerius SV (Parcel # 221-1$-138G). This parcel is located within a 150 foot radius of the property which is the subject of the referenced zoning change and meets the other criteria for a legal protest under the State statute. Also, please find attached signed Statements of Opposition from 6~ residents of the Oshrin Park subdivision to which the referenced property is a part. These residents are ,.~aposed to the annexation and rezoning of the property. Allowing a high intensity commercial use suchs a convenience store which operates 24 hours a day immediately adjacent to an active residential neighborhood will have adverse effects on what has been and was always intended to be a residential community. "Spot" annexation and zoning also makes for poor comprehensive land planning, if the best use for this property is for commercial & retail businesses, the larger area should be comprehensively planned and not allow the carving-off of slivers of land for annexation & zoning. Regular Council Meeting -May 21, 2009~~~k Street, Suite,A, ,Scottsdale,Arizana. SS260 I would also point oat that the 2447 Marano General Plan, which was approved only 18 months ago by the Town Council, designates this area as "Law Density Residential". I don't believe a 24 hour convenience store appropriately fits within this General Plan Designation. Also, the "Growth Areas" section of the General Plan and more specifically the "Fature Trends for South Area 1" does not even designate Cortaro Farms Road as a "comdor for commercial activities". Certainly the highest and best use of this area which may someday become part of the Town was considered during the General Plan discussions and had commercial activity been considered appropriate it would have been shown in the General Plan. Finally, it has came to my attention that the land owners of the property -being rezoned do not have the authority to rezone the property for commercial uses as there- are existing CC&R's which have been effective on the property for more than 20 years which specifically limit the use of these lots to residential uses. I believe there was an attempt by the landowners to amend or terminate the CC&R's, but this has been challenged and the signatures required to terminate the CC&R's were not obtained by the appropriate date and the GC&R's are still in effect. -That being the case, any rezoning action by the Town Council would be in direct conflict to the CC&R's. While I have no abjection to the developer for this rezoning action, QulkTrtp, as they are a well respected retailer, this rezoning and the accompanying annexation do not seem to make good land use. By filing this Petition of Legal Fratest, my client is requesting that this rezoning action require a 3l vote of the Town Council far approval.. Please review the attached Petition of Legal Protest and contact me as scan as possible with verification of your acceptance and validation of this Petition of Legal Protest. I can be contacted at martin~a?~mdpartnersaz.com or at 602-616-3736. Thank yo . Martin ep lveda Principal Regular Council Meeting -May 21, 2009 -Page 92 ofi 266 2 STATEMENT OF OPOSITIUN TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE (ARS 9-462.04) I, the undersigned, as legal owner of the below referenced parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18-4264) and 5535 West Cortaro Faz~ns Road (Parcel # 221- 18-4274}, Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as axt owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand for a % vote of the Tawn Council, per ARS 9.462.44 and the Town of Marano Land Development Code Section 14.44, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima County, Arizona $5742 under Case # PCZ-49405. Parcel: 221-18-138G Parcel Address: 5633 & 5625 West Cortaro Farms Raad, Marano, Arizona 85742 Owner: Circle K Stares Inc. 5633 West Cortaro Farms Raad Qro Val Arizona 85742 Signature: Name: ~C~.~-~ ~~. ~3~tiQ,~f1 Date: ~- ~ - C5~ Regular Council Meeting -May 21, 2009 -Page 93 of 266 STATEMENT OF OPOSITION TO ANNEXATION & REZONING b9 Residents o~ Pima County Abuttinb the Property Regular Council Meeting -May 21, 2009 -Page 94 of 266 STt~TENIENT OP OPPQSC~E'I4~ I, the undersi~n.ed, o ~~se any amendment to the Declaration of Establishment of Canditians, Reservations and Restrictions far Oshrin Park Subdivision, made of record as Daeket 4722, Pale 52 and recarded in Daeket 5516, Paae 572 and any annexatian and rezanin~ of the Lots of Oshrin Park Subdivisian far any commercial purposes. S f ~?Rc'1.tE[re: I'rint~:d dame: 17~'~ ~t ~~1~5"d address: City/State.i Zi p: Z2 Phone: Circle one: Celi Florae Email: -~ Owner Renter E hereby revake any previaus cansent/suppart to any amendment to the Declaratian, annexatian ar rezanirt~ of any Isats 4vithin Osltrin Park Subdivisian I authorize this Statement of Opposition to be made of public record andlar recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 95 of 266 STATE~~~EiVT QF QPPC3SIT~[(3~I i, the undersigned, €~ ase any amendrrtent to the f~eclarat'ton of Establishment of Conditions, R4servations and Restrictions For t}shrin Pack Subdivision, made of record as Docket 4722, Page 52 and recorded in Qocket 5516, Page 572 and any annexation and refoning of the [,ots of C}shrin Park Subdivision for any eammercial purposes. -----. ~I Printed i`larrre5_~~._~..~-___r~_t~ ~ ! - 1,~' ~ ',~~~ 1^ ~ ;~ddres~~ ,moo c~ Imo, 3° CityfState_fLip: Phone: Email: QGVner Renter Circle one: C~ FIome ~~}~ ~ [ hereby revoke any previous cansentlsupport to any amendment to the Qeclaration, annexation or rer_aning of any Cots within 4shrin Park SuF~division l authorize this Statement of Opposition to be made of public retard andfor rrcurded upon my .property. ~r; ~ 7 Regular Council Meeting -May 21, 2009 -Page 96 of 266 STATE~rtEi~T QF ()PPQSITI€}v I, the undersigned, o ose any amendment to the Declaration o~ Estab€ishment of Conditions, Reservations and Restrictions for Gshrin Park ~Subdivisian, made of record as Docket =~ 722, Pale 52 and recorded in Docket 55 t 6, Page 572 and any annexation and rezoning of the Lots of C)shrin Park Subdivision for any commercia€ purposes.' Signature: ~ ~,~~ ~/J ~~,LLs~~'`C.~~~/ _ Printed €~ame: ~ ~~ tJ~-/ ,~ ~ ~f' ~- _. _._._ _ ~.,,1 ,address: ~ ~ P__ f...~~ -~ City/State./Z,ip: y~~~._.~l_~~! ~-- g~ Phone: Circ€e one: e€€ f-[ome Emai 1: '~ t~~vner (tenter € .hereby ravoke any previous eonsentlsupport to any arnendn~ent to the Declaration, annexation ar rezoning ot~ any €:,ats avithin ~)shrin Park Subdivision € authorize this Statement of ~ppositian to be madz of pubic record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 97 of 266 S'FAT~t~t:E~YT OF QPPOSITt~3'~' I, the undersigned, o,~ r~ any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Page ~2 and recorded in Docket >j 16, Pale X72 and any annexation and rezonin~~ of the l..ots of C}shrin Park Sut~division for any commercial purposes. S i nature: ~~ ~ ~ P ~" ,'~~ Printed i`iame: ~ __~1--~-.-- ~~ !,~ ~ ~...P./~ ~~ -~~ ~ddress:_ ~~~ ~ ~ C~ '~ ! t-t.S ~~~Gl~ S CitylState./Zip: ~ t-'( C~ u.~ ~ ~~ ~( ~ Phone:_ Email: Owner Renter Circle one: Cell ~~m'`e _~1f,1/` - l hereby revo[ce any previous consendsuppart to any amendment to the Declaration, annexation or re~onin~ of any Lots within f:}shrin Parl: Subdivision .-_1~_.. I authorise this Statement of Apposition to be made of public record andr`or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 98 of 266 STATEMENT OF QPPt}SCTIt3v I, the undersigned, o ose any amendment to the De€;(aratiun of Establishment of Conditions, Rose_rvations and iZestrictions l'or Oshrin Park Subdivision, made of record as Docket X722, Pale ~? and recurd~d in Docket >j 1 fi, Page 572 and any annexation and rezoninu QE' the [.ots of Oshrin Park Subdivision ~`ar any corrtmercia; purposes. Signature ('tinted Name:__-_~~~-____ ~~ ~~~~..~'} Address: ~ `~ ~ ~ ~, ~ ~ E t. t l ~__ ~ ~ 1 ~,.._ ~~ City(State_/Lip: Phone: Emai (: ~--""~~pwner f' enter Circle one: ~( Hume ( hereby revoke any previous consen~~suppurt to any' amendment to the Declaration, annexation or rezanin~ of any l.,ats 4vitltin C~shrin Park Subdivision ~-------{-autharire this Statement aF Opposition ro be made of pubic record anti.~ar ree~rded upon my property. Regular Council Meeting -May 21, 2009 -Page 99 of 266 STATENIE~IT ~F QPP~3SITICIV I, the undersigned, a arse any amendrrtent to the Declaration of Establishrrtent of Conditions, Reservations and Restrictions for 4shrin Park Subdivision, mach of record as Ducltet 4?22, Palle 52 and recorded in Docket ~~ I6, Page ~?2 and any anne,~ation and rezoning of the Lats of Dshrin Park Subdivision For any carnmercial purposes. ' ~ (~ Printed Name: ~~! ~ ~ ~l/~;~~_^_- - ^._ _ A.ddress:_ ~ ~~ ~ ~. L Q ~ ~~ Nt ~t+r i~-~ ~ ra CitytState./Zip: `~.~ ~ ~'{ Phone: _ Circle one: Cell fu Emai[: ~_._~(~wner Rr;nter E hereby revol`e any previous cansent:'stizppart to any amenc~Iment to tltz Declaration, anrexatian ur rezonin~> at any fats within f~shrin Park Subdivision +~ l authariae this Statement of (?ppasition to be made of ptcblic record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 100 of 266 STATEI~`IE~IT OF OPPOSITION [, the undersigned, nose any amendrr3ent to the Reclaration of Establishment of Conditions, E2eservtitions and P~estrictions for C}shrin Park Subdivision, made of record as Rocket 4722; Pale ~2 and recarcfed in Racket- ~~ [ 6, Pale X72 and any annexation and reroninJ of the [.ots of Qshrin Park Subdivision for any commercial purposes. 4 StSrrtc`ittErt="~~~,~!„! ~~~~_ ~- ~` Panted Name: ~ ~ ~' 1 ~ ~ Cl Y' ~ ~--, ___ AC~dr~SS:~-- ~ t Q V X1.1 . ~„~^( ~ ~ ~~` " l ~~~ City/State./zip: ~~~ ~ a `"~ ~`-'~ Phant:_ Circle ane: Cell l-[ome Email: ~~ Owner. Renter l hereby revoke any previous consentJsilpport to ary amendment to the Reclaration, annexation or rezoning of any [_,ots within Oshrin Park Subdivision __~__. [authorize this Statement of E~pposition to be madir of public record andior recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 101 of 266 ST~TEiw'tEiYT 4fi ®FP4SIT[tJ~ f, the undersi~?ned, op~nse any amendment to the Declaration of Establisftment of Conditions, Reservations and Restrictions for ©shrin Parfc Subdivision, made of record as Docket ~7?2, Pale 52 and recorded in Docket 55 f 6, Pa~e 572 and any annexation and re?oninE~ of the f~ots of ~}s€Yrin Parfr Subdivision far any cacn~rterciaf purpc~ses_ Signature: ,ti,,~~r~ve ~n ~ Printed dame: ~ ~,n .~..; Address: ,~j ~Yt~t C~l.€J CitylSt~tte./tip: Phone ~~ Circle one Cell (-fame Email: Qwner Renter f hereby revoke any previous eonsentisupport to any arzend~nent to the f~eclaraticzn, annexation or refonir~;~ of any f:ots tivithin C}sFtrin Perk Subdivision __ .._ l authorize this Statement of Qppositian to be made of public. record and,~ar rec riled upon my property. Regular Council Meeting -May 21, 2009 -Page 102 of 266 ST~TENtE~~T OF QPPOS[TION 1, the undersigned, o~~ose any amendrt-~ent to the Declaration a~ Establishment of Conditions, Reservations and R~Strictions for Clsltrin Park Subdivision, made nt record as Docket 4?22, Page 52 and recorded in Docket 516, Page X72 and any anr}exation and reronin; of the Lots o~ ~)shrin Park Subdivtsion Eor any commercial purposes. Signat3 Printer rldc~ress: ~~ f City/State./Zi ~~ ' l ~. U -~/ /, - ____ __ Phony: u Circle ane: Cell Flame Email: Owner Renter 1 Etereby revoke. any previous canse:ttlsuppart tea any amendment to the Declaration, arlnexatic~n or rezanin~~ of any Clots within C)shrirt Park Subdivision [ authorize this Statement of C}ppositian to be oracle of public record and/or retarded upon my property. Regular Council Meeting -May 21, 2009 -Page 103 of 266 J ST~TEi~IEN'I' OF ~P~OSi'TIQ the undersigned, o ose any amendment to the Declaration at" Establishment of Conditions f2esetva.tians and Restrictions far Ushrin Park Subdivision, made of record as Docket 4722, Pale 52 and recorded in Docket » l 6, Page 372 and any annLxation and rezoning of the Lats of C)shrin Park Subdivision for any commercial purposes. Si<=nature: Printed i'rlame: G-~'.c ~~r~~~ ~i~-'~~r address: 5~3~ ~l~c.'`'.-~- .~.%;~;~~.-r,~/'~J ____--- E.:fty/State./ZEp:_ %~__ ~,~-~~ ~_~_~s'~ ~~~-. Phone: Circle one: CeIE ome Finai[: _40w~rter Renter [ 1-~ereby revoke any previous cansent,`support tc~ any amendrner~E to the Declaration, annexatican or rezoning of any Lots ~vith.in (~shrin Part: Subdivision yr=%~~,~ [authorize this Statement of Opposition to bo rttade ©f public record ancifor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 104 of 266 ST~TE~tEiri'T` QF QP~aS~TI~ti f, the undersigned, o ase any amendment to the Declaration of Estabtishment of Conditions, Rzservations and [Lestrictians for Qshrin Park Subdivision, made of record as Doct<e€ 4722, Pale 32 .and recorded in Docket 53 t 6, Page 377 and any annexation and rezoning of the [,ots of Oshrin Park Suhdivisic~n for any commercial purposes. Signature: ~i~~'~-~`~ '''~. Primed game: ~~~.~ ~L-'~~~~~ Address: -j~~c~ ~ ~ C{ ~ l,u CitylState./7.ip: ~C~C,,.S ~ ~l z gs~~{1 Phone: Erciai{: Q~vner Renter ~~. Circ:t~ ane: Celt Efome hereby rzvokc any previous consenrt'support to any amendment io the Declaration, annexation or rezoning of any Lots within C}shrin Par[: Subdivision t auihorir_e this Statement of () siiion to be made oP ublic retard andlor ~_ P[~ P recorded upon my property. Regular Council Meeting -May 21,.2009 -Page 105 of 266 ST~TEt~~tE.tiT QF 4PPOSITIQY f, the ttndersi~ned, o ose any amendment to the Dec€aration of Establishment of Conditions, Reservations and €Zestrictions for Oshrin Parfc Subdivision, madr: of record as Docket 4722, Page 52 and recorded in Docket 5~ f 6, Pai7e 572 and any annexation and rezoning of the f_ots of Oshrin Park Subdivision for any eomcnercia€ purposes. Signature: Printed Vame: ~ L ~'~ ~ ~ ~ ~ ~f >~,~ ;lddress: ..~,~ ~~ ~~SLL~ /i~+l'~f1r~'~--~~.~ ~f~ CityE`State.!Z,ip: _ ~~~'- J~~ ~.` 1~ ~. {~ ,~ ! ~' ~~A Phone: Circle one: Cell [ome Ernaif: ~_-_-Owner Renter € ttzreby revoke any previotts consentf`support to any arnertdment to the Declaration, annexation or rezoning ofany [,ots within Oshrin Park Suf~clivisian I ~~ f authorize this Statemert.t of f~pposition to be made of public record and/or recorded upon my property- t. ~~ Regular Council Meeting-.May 21, 2009 -Page 106 of 266 STr~.TE~iE~T O~ OPPO-S[TIQ~i C, the undersigned, ~~ ose any amendment to the Dec€aration o~ Fstaofisftment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, rrtade of record as Docket X722, Page 52 and recorded in Docket 5516: Page 572 and arty annexation and rezoning of~ the Lots of C?shrir. Park Subdivision far any commercial purposes. ' 5ignatur;;: Printed ~`ame:~~1~ O~t ~h ,~~~~~_. ~' ~ /~ ~j E1dcf ress: ` ~ , I`" I `~ ti~~ < ~ ~ ~. ~~~ ~~ ~'.l.-.rl ~ tY'l ~:~_ ~~ CItVrState.!`Zt(J:-- ~~ ~~~ -. }~~_.~ t.~~ ~____~_.__. _ Phone:l ~ Circle one: Cell ~C~ me Email: ~/ ,Owner l;.enter ( hereby revoke ~zny previotts cons~;nt/supper to any arnenc[ment to the Declaration, annexation or rezoning of any C.~ots within Oshrin Park Subdivision C authorize this Statement of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 107 of 266 S'T`ATEt~IENT Q~' QPPOSITI4~` €, the undersigned; o fr~se any amendment to tfze Declaration of Estabiisf~tment o~ Conditions, Cteservations and [Zestrictions For Oshrin Park Subdivision, made of record as Docf:et ~72~2, ['age 5? and recorded in Docket 55 [ 6, Page 5?2 and any annexation and re~oninv of the €_.ots of Ushrin Parfc Subdivision For ar~y commercial purposes. Signature: Printec[ dame: ~~.~1_ r ~, ~~ddress: ~~.~~~ ~, ~l~~ ~ I~rI ~~ ICS" ~~ CityiSt~rte./Zip:~~i~'y~ ~2 _. ~~'yf _.._. Phone: _ Circle one: Cell 1"€om E-mail: V f,~~.~,~tter E2enter I [ter~;by revoke any previous consent support to any amendment to the Dee[aratian, anrexation or recanin~7 at'any €.ots within C)shrin Park Subdivision __ ~ [authorize this Statement of Opposition to be made of puff is record andlor recorded upon my property- Regular Council Meeting -May 21, 2009 -Page 108 of 266 STA~"EMEi~T E3P UPPtJ~S[TIQ`~ I, the undersiffned, oppose any amendment to the Declaration of EstabEishment of Conditions, Reservati«ns and 12estrictions for CJshrn Park Subdivision, rrsade ot- record as Docket ~7?2;-Pace 52 and recorded in Dc)ckei 5> t 6, Page X72 and any annexation and rezanin~ of the [,ots of C3shrin Park Subdivision far any comrnercia€ purposes. Signature: Printed ~i me: ~~~~ ~~,~~„~ ~ _ City/Statc.IZip;~~~>~, ~[ / ~~,"'~~f Phone: Circfe one: Ce[1 Horne _1 f _ E~.rnail: ~~~__AQuvner Renter 1 hereby revoke any previous consenilsupport to anv amendment to the Declaration; annexation or rezoning oP' any Cots within ~)shrin Park Subdivision _ [authorize. This Staiemeat oE' C~~position to b~: made of public record andfor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 109 of 266 s~r:~,TEr~~~ivT o~ oP~osrTro~v E, the undersigned, o use any amendment to the Declaration of Establishment of-Conditions, IZeszrvations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Page ~Z and recorded in DackeE » C b, Page X72 and any annexation and rezoning ©t~ the Dots of C)shrin Park Subdivision for any carnmeroiaf purposes. Signatrlre: Printed Name:._ ~• a it ~S ~~~' r_s,.,, ~ - __._._ r~ddres4-~.,,2~~ ~ ` ~~ ~ t P ~~tifiVe,~S_.~1~ -~- Z ~r~ City/State.t2ip: - v~~ a~ •~ Z ~ ~~ ~( _ Phone: CireIe one: Celt EEome Email: -~ 04v€ter i =~~'" Renter I hereby ,revoke any previous corisent,~support to any amendment to the Declaration, annexatinn ar retuning oFan-y ~~[?t5 within Oshrin Park Subdivision " _ E authorize this Statement of (~ppositiun to be made of public record and/car recorded upon my prop~;rty. Regular Council Meeting -May 21, 2009 -Page 110 of 266 s~r~-rE~'E~~T o~ aPPas~T~~~v [, the undersi~?ned, r~ ose any amendment to the DecCaration of establishment of Conditions, Reservations and Ri"strictions far Oshrin Park Subdivision, made of record as Docket ~7?2, Page ~2 and recorded in DocCcot ~3 €fi, Page 372 and any an.ne~cation and rezoning of the €.~ots of C~sl~rin ParCc Subdivision for any commercial purposes. Signature: Printed i~(ame_ ~,{ ~~. ~ C ~ ~ ~.~~~ Y Ftddrrss: C~ s ~ ~ ~ ~.L.#~~-~. ~.~lf~,~U...,tl i C.~~-.-, `~ ~-" ~'f~S CityJState.ilip: ~ (.~...C `~C~'`l , ~ Z- ~s ~~______.._.__._.- Phone: ~mai[: t/ {7vv-ner Reiter l hereby revoCce ~tny previos_:s consent support €o any amendment to the Declaration: annexai:ion or rezoning of any Cots within Oshrin ParCE Subdivision ~/' € authorise this Statement of Opposition to be made of public record and/or recorded upon my property. Circle one: Cell €-[orne Regular Council Meeting -May 21, 2009 -Page 111 of 266 ST~TE~IEV'T o~ C)PPOS~TIOv [, the undersigned. 0 3ase any amendment to tf-€e Declaration of Estab[isftment of Conditions, Reservations acrd Restrictions for Osltrin Park. Subdivision, made of record as Docket 4722, Pale ~2 and recorded in Dockt't ~~[f~, Pale X72 and any annexation acrd rezoning of thz Lots of Oshrin Park Subdivision for any comrnercia[ pl.€rposes. Signature; Printed game:--^~,~~.,~ s~ Ys. ,~..7 ~~a /'Y1~Y1 tiddrtss:.~~ '~~ (i~6~-t!- C°_ f" ~ ~'/'~-~~ rT C./~ ~D City/State./Zip: ~~~~.~~~ ~~ ~- ~~ _5~7' ~' / Phonz: ~ Circle one: Cell 1"[om Email: L/ (}weer Renter [ l~erzby revoke any previ<xts cansenVsccpport to any amendment to the Declaration, annexation or rezonin4, of~any [..ors within Oshrin Park Subdivision {,.~_. [ authari~e this Statirment of ()ppersition to be made of public record and/or reeordeei upon m-y property. Regular Council Meeting -May 21, 2009 -Page 112 of 266 STATE~~IE~IT ~-F QPP()SITI{3i~ [, the t.tndersigned; o~se any amendment to the DeGIaratian oP Establishment at Conditions, Reservations and Restrictions far Oshrin Park Subdivision, made o~ record as Docket 4722, Paae ~? arrd recorded in Docket ~~ I6, Page X72 and any annexation and ~ezaning cif the Lots of C}shrin Park Sffbdivision for any commercial purposes. igrtatffre: F'rlnted fame: address: -- ~~~ ~,~. L.~s2 .~(C1Zj~?..Y i`C~ g 0 CitylState./Zip: ~L~~b~ L ,~... _ Phorte: ~ Circ(c one: el Kame Email: ~____C)v4~ner Renter t hereb~° revoke,, any previous cansentlsrfpport to any amendment to the Uec(aratian, annexation or rezoning; oF.any [.:ats 4vithin C)shrin Park Subdivision ___ 1 autftarize this Statement of C)ppasitian to be made at public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 1 T3 of 266 STaTE~iE~vT OF t~P'P~STTIC1~i I, the undersi~~ned, o ose any amendrnent to the Declaration of Cstab#ishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Pare ~2 and recorded in Doc[`et 5~ I6, Pane 572 and any anne~cation and rezoning of the Lots of Oshrin Park Sufx#ivision for any commercial purposes. Signature Arinted fame: ~~t t/ t ~ ~~ ~ ~~ Y" %'~ ( ~r ~~ddress: s~ ~ s- ~i ~. ~ l 1 f" ~~ ~ ~ ~- r ~ ~ 5 v ~_. '-7 t City/Sate./Lip: f r/~ S a' G( .~-~ ._ ~~._.__C.___~~__ t Phane:_ _ Circle one: Ce#[ t"#ome ~` Email: ~_..~____(~~'n~:r Renter # hereby revoke any prevoc-s consent:'sc~pport to any amenc~rrt:,nt tc) the Declaration, annexation or re'ronin~W of any I_ats 4vithin C?shrin Fark Subdivision __ '# authorize this Statement of E7pposition to be made of public record andior recorded upon my pr~~~erty. Regular Council Meeting -May 21, 2009 -Page 114 of 266 ST:~TEN~E~T OF OPPOSITION €, the undersigned, o~ose any amendment to the Dec€aratian of Establishment at Conditions, Reservations and Restrictions tar Oshrin Park Subdivision, made of record as Docket X72?, Page a2 and rt;carded in Docket SS € 6, Pale X72 and any anne;~atian and rezoning at the Lats of C~shrin Par~~c Subdivision far any cammercia€ pz€rposes. ignat~.Ere: Printed i\farne: :-address: ,~-.~_~ Q,._~~.~~ ~ ~1.~ \~ ~ U ~ ! Cl~- t~ z..- CityrState.rzip: ~ ~-~~~ , ~' ~~ Phone:_ ._ Circle one: Cel€ €-€orrte E.maii: Q~vner Renter [ hereby revoke any previous consentlsupport to any amendrrient tc7 the C)eclaratian, annexation ar rezoning: of any Lots within Qsh.rin Park Subdivision _ ~ € aiEtharize this Statement at {?pposition to be rrFacfe of pub€ic record anc€Ivr. recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 115 of 266 sT~T~~~~~vT a~ a~Pas€~~a~ [, the undersigned, a a_t trose any arr~endment to the Declaration of Establishment of Conditions, Reservations and l~estrietions for ~sflrin Park Subdivision, made of record as Docket 472, Page 52 and r~eorded in Docket 5516; Pace 572 and any annexation and rezoning of the Lots of Qshrin Park Subdivision for ~zny commercial purposes. Sfgnat[~re_ ~'~~ ~GL'//~ Printed :~tame:'../~~~'fT ~-~~~ -- Address ~ ~~~/ ~~~ __-- ~ 3 C,ltVfstc`ECL'.~t7,E(J: ~~`~ Phone_ Circle one: .ell F{ome E r~Iai t ~. C-lrvner enter ~`'~- [ hereby revoke any previca~IS consentlsupport to any amenclEn~nt to the Declaration, ~I.nnexation or rezoning of any Cots within Oshrin Park Subdivision i/ _ [authorize this Statement of (~ppc~sition to be r,Iade of public record and.`or recortfed upUn my property. Regular Council Meeting -May 21, 2009 -Page 116 of 266 ST~TENIEtiT £3F ~PPOS~T~€~ti €, the undersigned, ~ ase any amendrt'tent to the Declaration of Establishment of Conditions, Reservations and Restrictions far Oshrin Park Subdivision, made of record as [~ac~et 4722, Pa~~e ~? and recorded in Qacket ~Slb, Page X72 and any annexation and rezoning of the [.ots a€` C)shrin Park Subdivision for any'commercial Purposes. Signature: €'rint~ci Name: ~( ~"~. P'~C1~ ,~'I~'" fi~'~ ~ ,L~ddress: ~ y`~ J+~ ~ ~/ City'State.l7,ip: Phone: Circle one: Dell 1-€ome - - r` lrna4l: C)vvner Renter .l h~re.by revoke tiny previous cansent'supp~art to any amendment to the I?eclarat%on; annexation or rezoning of any tots within Oshrin Park Subdivision _~%~ authoFi'e this Statem~rtt of t)ppasition to be made of pr.~l3lic record andlar reeardeci upon my property. Regular Council Meeting -May 21, 2009 -Page 117 of 266 ~ ST~'I`E1~~E1~T OF QPP{?S~TIOi<i [, the undersigned, cf fuse any amendment to the Dec€aration of Establishment oE' Conditions, Cleservations and f~estrictions for Oshrin Park Subdivision, made of retard as Docket 4722, Pale ~? and recorded in Docket 5516; Page 572 and any annexation and rezoning o~ the [.ots of Os[lrin Park Subdivision for any cnmmercia€ purposes. Signature: Printed Name Address:" CCtV% SCaCE./~lp: P ho ns:: ~.~' ~, r r f/mai€: Owner tenter I hereby revoke any previous consentlsupport to any amenc~rnent to the Dee:faration, annexation car rezr.~ning oFany Lots ~vit[1in (~shrin Park Subdivision !~ ~~ f authorize this Statement of Opposition to be made of public record arld,'or recorded upon my property. ~ 7 ~~ Cire[e one: 'e[1 Home Regular Council Meeting -May 21, 2009 -Page 118 of 266 STATE~VIE~IT €)F OPP~3S~"I'ION €, the ttndersiffned, o~~.,e any amendment to the Qec€aration of ~•stab[ishme.nt at Conditions, Reservations and Restrictions tar Qshrin Park Subdivisian, made aF retard as Docket 4 r22; Pale 5? anti recorded in €}ac;fcet >j € 6, Page X72 and nay anne~atian and rezoning of the Lots of C}s€arin Park Srfbdivision for any cammercia[ purpt~ses. Sigrlatu Printed ~a~ne: ~'"~ ,~~ddross:_~~ ~ u ~~~t.~~ ~~ ~ fV ~ ~ ~,O CitylState./Z.ip: ~~~~~ .~~ Phone: Emai f {~GVn[ r ' Circ€e one: Ce€I Tome Renter [ hereby .revoke any previous cansent/suPpart to any amendn•tent to th. Decfarati«n, annexation or rezoning at any Lots tivithin C}shrin Park Subdivision f authorize this Statement of C~pgasition to be made of pttb[ic rzeard and/or reeord~:d upon my property. Regular Council Meeting -May 21, 2009 -Page 119 of 266 STATEii~1E~iT C1F QPPC)STTIO~ 1, the undersi~Yned, moose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions t'or C?shrin Park Subdivision, made of record as DocEcet 4722, Pa,e ~2 and recor~?ed in Docket >516, Pale 57'? and any annexation and. rezanin~ of the Lats of C)shrin Par'x Subdivision far any commercial purposes. Sianatur~~~~"..~`~~t~--.~.t" ....~ Printed U~ti~1e: !address: ~~ .-------_'"''.-r City/State.l2ip:, ~ ~1~..~..._~~.j~.-t-------~~- ~~~~ ~-~- i Phone: _ Circle: one: Cei~forrte -_____~ Emai I ~t _Q~~ner Renter I hereby re~~ake aay previous consentfsupport to any amendment to the [~eclaration,~rine:cation or rezanin~ of any (.,ots within Oshrin Park Subdivision ____ ____ [ authorize this Statement af~ (7pposition to be rrtade of public record andlar recorded upon my property. Regular Council Meeting -May 21, 2009-Page 120 of 266 STATEtvtENT OF OPPQS~TIO~` f, the rEndersigned, ease any amendment to the Dec€aratian of Estab€ishment of Conditions. Reservations and Restrictions for t?sFtrin Park Subdivision, made of record as Qocket 4722, Pave ~2 antf recorded in ©oekei ~S f 6; Pale 572 and any ztnnexztian and rezoning of the Lats of C)shrin Park Subdivision for any coEnm~:rcia! purposes. Signature: {'rintzd tV`ama:- ~v ~_~:-~~t~rt CitylState.lZip: ~r,~._5~~~_~..~__..._.._~_.~.~ ~!ff _ Phone _ Circle one: Celf Ffotne (;n3aE l: Q~vrter Renter f hereby revoke any previous consenG'suppart to any arnenclment tt~ the €:)eelaratian, annexation or rezonin~~ of any [,ats within C?shrin Park SrEbdivist~~n E authorize this Statement of Opposition to b~; made of pubiie record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 121 of 266 S"TATENIEN'T QF 4PP'~S~TICI~ i; the undersigned; o~ any amendment to the Declaration of Estab(ishtnznt of Conditions, Reservatic}ns and R.estrictians far C~shrin Par!c Subdivisian, made of record as Daeket X722; Page 52 and recardec~ in Docket ~~ f 6, Pale 572 anti any annexatian and rezanin~ of the [Jots of C)shrin Park Subdivision far any corrtmercial purposes. ' Sid>nature: Printed Vame: ~~~i:.t~Lt +~1 __ ~l~l ~f ~ S'w~Y`~h .2 ~~ City15tate./Zip. ~~~,.~ ~YJ~_~~ ~~~~ Phan~~ ~ Cireie or{e~ Cei [-tome Emai (; C?weer tenter E hereby wake any preti°iaus cansent(suppart to any amencfinectt to the [}eclaratic~n, anr;exatian ar re~onin~ of any E,r3ts within C)shrin Park Subdivision _.___~_ f authari~e this Statement of C}pposition to be made cif public rec~~rd a.ndic~r recarcfed upan €ny praper€y. Regular Council Meeting -May 21, 2009 -Page 122 of 266 S'T~TE?~IE4°"I" O~ flPP~SiT'Iflti f, the undersigned, a~fase any amendment to the Declaration of Establishment of Conditions, Reservations and [Zestrie€iatzs far Oshrin Park Subdivision, rftade of record as Docket X72?, Page 52 and recorded in Doekzt » [ 6, Page X72 and arty annexation and rezoning of the fats of C?slz.rin Park Sct[zdivision far any cotnmercia[ purposes. S~t7n:zicire: i'rt ntGd Name' ~~ ~/ ~~ ~ ~ ~ ~ ~'~ ~~ ~'~ ~~ Address: ~ ~ l ~ ~~ ~~~~~ ~-l~'~' ~~ CityiState./tip: l~ C ~ ~ ~ , ~Z ~~ ~ `~~ ._._.__ PF;ane:_ _ Circle one: Coiltime Email: C)wz~er Renter ~~~~ f hereby revoke 4tnv revious consent,rsu art to any amendment icy the p PF , Declaration, annexation or rezcznin~= of any f.:ots Lvithin C~shrin Park Subdivision ~ f authorise. this Statement of Opposition to be made of public; record andii~r _______7c_.~____ recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 123 of 266 ~'l~`~#rI`Eiavt~E~T OF ~Pi~~3St e It.~ [, t[-te i,ndersigned; ~e any amendment to the Declaration oE~ Estabiis[tment of Conditions, [Zeservations and Kestrictions far C}shrin Park Subdivision, made of record as Dacket 4722, Pale ~? and recorded in Docket 5~ [ 6, Pale X72 and any ann~ratian and rezoning of the Cots of f)shrin Park Subdivision for any commercia€ purposes. Signature: a. Printed Varrte: ~~(~~-,25" j ~ ,JAL? ~- ."- ,~ddrzss:~ J~~ ~ ~ ~ ~r~ L--C.~ ~~ /tt.) ~' 74 ~~ ~ C;tty°IState./Zip: UL,So ~ 2-. 0 ~ 7~ ------- Phone: Circle ane: Ce[[ came Emai 1: Owner [enter .~ _ € hereby revoke any previous consentfsupport to any amendrrtent to the Qeclaratian, annexation or rezoning of any ['_,ats ~b'it[tin C)shrin Park Subdivision __..~„_T~ [ autF:ori~e this Statement cif Opposition to be made of public record ancf/~~r recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 124 of 266 S t t1~~lY~~?\r~ ll~ ~~I ~t?~ S j~Ql! I, the undersigned, onnase any amendment to the Declaration oI- Establishment of Conditions, Reservations and Restrictions I'or Oshrin Park Subdivision, made of record as Docket ~I722, Pa£~e 52 and recorded in Docket 35Ib, Page X72 and any annexation and rezoning o~ the E,ots of Oshrin Park ~ubclivision toc an;r commercial purposes. Signature: Printed iv::ime: {~/~ ,~ ~~#c C ..~ ~ j~~,~rs~77`` Address: 5 3 rS GJ , C'~ ct~ }~- ~ r n - ' ~... .~.-------- -~C~ Y% City!St~tte./Zip: ~ ~~so.t ~ ~~, ~57i1 Phone: _ Circle one: Cell I-fome Email: l~ O~v-ner Renter I hereby revoke ~~ny previous consent;'support to any amendment tc~ the Decl~iration, ann~;xai:ion or rezoning oFany [,ots within Oshrin Park Subdivision _~ I authorize this Statement of Opposition to Ise made oI' public record andior reciard~d upon my prc:~pcrty. Regular Council Meeting -May 21, 2009 -Page 125 of 266 ST~T`Ei4~E~l'~F' QF [);<'POS[TIE?v [, the undersi~~ned, an~~5e ~tny amendment to the Ueclaratiott of Establishment of Conditions, Reservations and Restrictions for C}shrin Park Subdivision, made of record as Ducltet ~ 722, Pale 52 and recorded in Docket 5516, Page 572 and any annexation and rezoning of th.e [~ots of C~shrin Park Subdivision for any commercial purposes. ' Signature: f t ~-_. Printed i ame: ( ~ W t_..- • ~i ~ ~D L ~ ~,,1, 4~/~ (~ ~ address: ~~ t~ ~~• ~~~ `~~--llc~` City/State-f Zi p: Phone: Email ~.c~~ ~- ~~ ~~~.___ Circle one- Cel f-lome Qw~ner Renter --- ( Ete.reby revalue any previous consent~suppori to any amendment tc~ the neclaration, annexation or rezoning of any [:ots within C}shrin Park Subdivision _~~_ (authorize this Statement of C}ppositian to be mace of public record anclic)r recorded upon rrty property. Regular Council Meeting -May 21, 2009 -Page 126 of 266 ST~,TEiYtEiwiT (~F O~PPOSETit?v~ f, thz undersigned, a ase any amendE~ent to the Declaration of }/stablishment of Conditions; f~eservations and Restrictions far Qshr~n Park. Subdivision, rrEac~e of record as Doeket X722, Pay-;. ~? and recorded in Doeket 516. Pane X72 and anv annexation and rezoning of the Lots of Ushrin Park Subdivision. far any commercial purposes. ~~ Signature: -mot o _ ~, PrEnted Name: ~f° ~ f ~F! ~~~~- eftyi~t~~t~.;~Ep;~y~.S fJ3~t Phone: w~~ r~ 1~ ~ Circle one:~ll F[ome Email: f~~~~Eer Itienter l hereby revoke. any pr~:vious cc~nsentf`support to any amendment to the Declaration, anneYatic~n or rezonin~~ of anv Lots tivithin C)shrin Park Subdivision f authorize this StatemenE of f} asition to be made of ublic record ancllar ~__._ pP p recorded upon my prt~perty. Regular Council Meeting -May 21, 2009 -Page 127 of 266 sT~r~N'~~>tiT o~ oPpos~~~o~ I, the undersigned, onnose arty amendrrtent to the Declaration of Establishment of Canditians, Reservatians and Restrictions far Osttrin Park ~ubdivisian, rn2de o[`record as Docket X722, Page 52 and recorded in Docket 5516, Pale 572 and any annexation and rz2oning at the Lots of C3shrin Park Subdivision for any commercial purposes. /r` S i mature: ll~',-~~--- Printed t~ame:_~ ~~?~:?~ ._.~~---..___ ___ /J f~ddress:~ "~ ~ L_~.,i..r"u s ~~,~-v ___- City/State_iZip: ~~~~~,~~,~~ g$'7y/ _ _.__._ Phare:_ _ Circle one: Ce[~ ~ Florrte'~.. Erttai 1: _~E)~vner Renter I hereby revoke any previaus consentlsupport to any amenc[ment to the Declaration, annexation or rezc~nin~ of anv Lots within Ushrin Park Subdivision I authorise this Statement aF t~ppasition to be mad,:: of public record and/tar recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 128 of 266 STATE~rIENT` OF OPP®S[TI~DN E, the undersigned, o~n«se ary amendment to the DecEaration of Est<nblishment of Canditiocts, Reservations and Restrictions for Osttrirt Park Subdivision, made of record as Docket X722, Pale ~2 and recorded in Docket » [ 6, Pale 572 and any annexation ar~d reioning of the Lots of Qshrirt Park Subdivision far any commercial purposes- Signature: t-lddress: S-'! S 5 ~~y~ ~ ~ ~. J~ n ~ ~- ~ D cr > ~ ~`~ City/State./Zip:,_~ j_~ ~ } d ftJ ;/~ ~ ~ ~ ~~~_ __- Phone:_ _ Circle one: 'ell E-Eome E rrtai l : __ ~{` --~ E~~4ner _ Renter ~_~~ I hereby revoke any previous consentlsupport to any- amenctrt~ent to the E?eclaration, annexati~~n or rezoning of any hots cvitbin Oslzrin Park Subdivision _~- I authorise this Staterment of Cpppsition to be. rr~Gide of public record at~d/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 129 of 266 ST~TEi~'IEI~T QF OPP~SITI€ly E, the undersigned; a~[~c~se any amend~rtent to the Decfar~ttion of Estabiishineni of Conditions, Reservations and Restrictions for C~shrin Park S~:bdivision, made of eecord as Docket 47??, Pave ~? anzf recorded in Docket ~~IE~, Page X72 and any annexation and rezoning of the Lots of ~sl-trin Park Subdivision for any commercial purposes. S ignatt€ Printed Name: ~ ~(~~~ ~~~ CitylState.llip:~ C'J~^1--- ;~ ~. ~ C 1 _~__ Phi~ne:_ _ Circle one- Ceii dome Email ^__~~UL~ner RentL r E herby revoke any previous cc?nsent~sz€pport to anv amendment to the Declaration, anne~atian or rezoning of-any I.,ots within C~shrin Park Subdivision _~__ (_.f [ azithorire this Statement cst ()ppa,itian to be made of public riv.cord and.'or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 130 of 266 STAT'Ei~IENT O~ 4PPQ5CTiQ'~ ~, the undersigned, o~~ any amendment to the Uec[aration of CstabEishment of Conditions, Reservations and tiestrictians for C~shrin Parts Subdivision, made of record as Docket 4722, P4~e 52 and recorded in Doc~ee;t SSt6, Pale X72 and any annexation and re-r_oning of the Lots of C)shrin Park S~sbctivisian for any cammerciat purposes. Signature: ~~' Printed idame: ~/~ f~ ~~~ ! ~~ ~~ LL-- City/State./lip: ~ ~`,~~~~_~.L Phone: _ Earcai l.: _ Circle one: Cel Home V O~~~ner Renter f hereby revoke any previous con~entlsuppart to any amendment to the Declaratu3n, annexation ar rez{~ning ofany Lots within C}shrin Park Subdivision _.. ~ t authorize this Statement of (~ppasitian to be made of public record anc~'or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 131 of 266 S ~ A~'La[~i~f'I' (3F €.~PP{~St~'Id~i t, the undersigned, a~ any amendmelat to the Qeclaration of Establistzment of Cond'stions, t2eservations and Restrictions for C}shrin Park Subdivision, made of record as Docket 4722, Pale 52 and recorded in Docket ~i t 6, Pa~P X72 and any annexation and rezoning of the Lots of Oshrin Park SI.Ebdivisian for any commercial purposes. Signature.: Printed'€Vame:,_~~~ / ~~'~ /~/ ~~~1- ~i ~ /l.~__ (/~ ~.itY~State.~ZEp:~ t,_.. ~~ /~ G. ~ ~ ~ T / -- Phone: EmaiE: ~Uwner [tenter Circle one: ~~-eE._.~- t-tc~rr--e t hereby revoke .any previt~EUS consentr~stEpport to anv amer~~clment to the Declaration; annexation or rezanirEg of any Lots within UstErin Park Subdivision ~.~ ~ [authorize this :Statement of ~aposE[!Qn to be made at' public record and/or recorded tEpon my property. Regular Council Meeting -May 21, 2009 -Page 132 of 266 STr~T~E~VIE~iT OF OPPC}SITEa~ 1, the undersigned, abase any amendment to the Declarat'tan oC' Establishment of Conditions, Reservations and Restrictions for (~shrin Part. Subdivision, made of record as Docket 4722., Page S2 and recorded in Docket 5~ [ 6, Page X72 and any annexation and re7onirtg of the L.ats of OsEirin Park Subdivision far any commercial ptErposese Signature: Printed name:~~~.:~. ~//f ~ ~ ~ t° ,~C~ r -, (o ~ City/State./Zip: ~ ~ •~ ~ ~-- ~~ / Phone: _ Circle one: Celf E-[ame Email: C~wrler Renter I here.i~y revoke any previous cansent,~support to any amendment to the Declaration; annexation or rezoning or"any C,atS 4vEthin (JShF~n Park SubdEVESEOn ~~ l authorize this Statement of 4ppasitic~n to be made of public record andlor recorded upon. my property. Regular Council Meeting -May 21, 2009 -Page 133 of 266 STATE~ti`~E~(T ~F QPPC3SITt0 [, the undersigned; ease arty amendment to t[te Declaration of Establishment of Conditions, Reservations and Restrictions for Os[trin Part Subdivision; made of record as Docket 4722, Page ~? and recorded in Docket 55 E 6, Pale 572 and any annexation and rezoning of the (,ots of E~shsin Park Subdivision for any cc~mmercia[ purposes. Signature: Printed Name: ~~ ~C ~ ~~_ L~ ~~ .--~ / City/St~tte.!lip:~__~. _~~pl~`~ J `~ _ ~ `> ~ ~ t Phone: Circe ane: Cell. Home Emzi[: ~fJ~vner Rents € hereby r°voke any previous cansent<~slEpport to any amendment to the Dec[aratian, annexation or rezoning ofany [,ot avithi.^. ;)shrin Park Su'~division __ E authorize this Statement of Oppositic3n to be made of public record and:or recorded upon rtty property. Regular Council Meeting -May 21, 2009 -Page 134 of 266 ti. STAT~1vxENT (}F OPP4SITIQN I, the undersigned, appose any amendment to the Declaration of Estah(ishment of Conditions, Rescrvatians and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Page 52 and recorded. in Docket ~] I6, Page 572 and any ~nnexatian and rezoning of the Lots of Oshrin•Park Subdivision For any commercial purposes. ~~ Signature:--~ ~'}---~i Printed rFame: Address: r City/State./Zip: Phone: Email: --Owner Renter ~3 ~~ Circle on Cel! F-Iome I hereby revoke 3ny° previous consentfsupport to any amendment to the Declaration, annexation or rezoning of any Lots within Oshrin Park Subdivision ! authorize this Statement of CJpposition to be made of public record anchor recorded upon my property. k 1 '} A 1, Regular Council Meeting -May 21, 2909 -Page 135 of 266 .. __ _ _ . SThTEMEN'T OF C?PPCISITIUN 1, the undersigned, 4f)yaSe any amendment to the Declaration of Establishment of Conditions, Reservatians and Restrictions far Oshrin Park Subdivision, made of record as Dacket X722, Page 52 and recorded in Docket ~~ 16, Page 572 and any annexation and rezoning of the E.ots of Qshrin Park Subdivision for any commercial ptirpases_ Signature: Printed I~Fame:__~~-'~~,~cUr ~ ;~" yp~~~/} Address: ~£~~ I ~ ~A/~-~° ~~~P~~ K .-~- CitylState.JZip_ 'TG(C 5r} o? , dlJ ~ ~5 S 7 ~~ Phane:_ _ Circle one: el Horne Emai I C7wner -~ Renter I hereby revoke any previous consent/support to anv amendment to the De.c€aration, annexation ar rezoning of any [,ots 4vithin Oshrin Park Subdivision ____ I authorize this Statement of Opposition to be made of public record. andlar recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 136 of 266 sT~TE~r;~~v~r aF aPPasrT~o~v I, the undersigned, oppose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket ~72`~, Page 52 and recorded in Docket SS 1 £~, Page ~ 72 and any annexation and rezoning of the L-crts of Oshrin Park Subdivision far any commercial purposes. Signature: ~~~~..-~~- ~(~~ Printed i'~1art-~e:_ ~~., f ~..~r~ ~~5 ftddress: J~~-5 (..1.~, t,~ (~~ ~'~~ ~t~c.S CityiState.lZip: ~,t~.~°4t ~ Z- ~~~ ~f Phone: Circle one: Celt Horne Email: Owner Renter 1 hereby revoke any previous consenb'sr~pport to any amendment to the Declaration, annexation ar rezoning of any hots wvithin Oshrin I'aek Subdivision I authorize this Statement of Opposition to be made of public retard and/or rec:arded upon my prapcrty. Regular Council Meeting -May 21, 2009 -Page 137 of 266 sT~~eElv>~E~vT of o>P~asrT~a~r I, the undersigned, ot7pase any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Qshrin Park Subdivision, made of record as Docket 4722, Page 52 and recorded in Docket 5~ I6, Page X72 and any annexation and rezoning of the Lots of Qshrin Park Subdivision for any commercial purposes. Signature;: ~~op \~ Printed Name: ~ ~ ~`~( ~~ ~ `Q~'~ ~ . f~ddress: S ~ ~~f ~ C ~ i ~ E'___-4-~--~c.l~ City/State.IZip: ~,~ c 5 0 ~ U ~J 7 `~ ~ --~- Phone:_- Circle one: CeII Home Email: pvvTter ~_~` Renter I hereby revoke any previous consentlsttpport to any amendment to the Declaration; annexation or rezoning of any Lots tivithin Qshrin Park Subdivision _ ~~ I authorize this Statement of C?pposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 138 of 266 STATEIVIENT OF OPPOSITI4iY f, the undersigned, o ose any amendment to the Declaration of Establishment of Conditions, Reservations and fZestrictions for Oshrin Park Subdivision, made of record as Docket 4722, f ale ~? and recorded in Docket ~~ l 6, Page 572 and any annexation and rezoning of the Lots of Oshrin [ark Subdivision far any commercial purposes. " Signaiure_ Printed Nacre: Address: ~ ~~~ ~A ~ ' ~ ~F ! I ~ ~ ~1,~'f'1~)..~ C E ty/Statz./Gi p: ~ ~ 1 ~- ~ ~ Phone: Circle ones Cel€ )•^fome Emai 1: O4vnee ~_f2enter I hereby revoke any previous consentlsupport to any amendment to the Declaration, annexation or rezoning of any f.,ots within Oshrin Park Subdivision "_._"__ f authorize this Statement of Opposition to be made of public record and/or recordedi upon my property. Regular Council Meeting -May 21, 2009 -Page 139 of 266 STATENXEI~IT f.~F OPPOSITIQN I, the undersigned, o ose any amendment to the Declaration of Establi~lunent of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 47??; Page 52 and recorded in Docket 5516, Page 57Z and any annexation and rezoning of the Lots of Oshrin Park Subdivision for any commercial purposes. Signature: y~/~ i Printed:`iame: (` ~ ~.-~ [~ ~; Address: ~ ~~ 6 W ~ ~ t CFtylStstte.lZ.Ep:____~~~ ~ -~ Phone: Email: OF~z-er Renter l~ -~-5 Circle one: elE Kome I hereby revoke any previocFS cansent/suppart to any amendment to the Declaration, annexation or rezoning of any [_,ots within Oshrin Park Subdivision __ f'~ ~ I authorize this Statement of Opposition to be made of pubPic record andJor recorded upon my property- Regular Council Meeting -May 21, 2009 -Page 140 of 266 ST~TENIENT OF (}PPOSITIO~i [, the undersigned, o nse any arrtendment to the Declaration. of Establishment of Conditions, Reservations and Restrictions for Qshrin Park Subdivision, made of record as Docket 4722, Pate 52 and recorded in Docket » l6, Pale 572 and any annexation and rezoning of the Lots of (~shrin Park Sibdivision for any commercial purposes. Signature: Printed Name: ~ ~ C ~ ~ ~~`f 1 p -T _ __... address: ~ ~a ~ ~ -r s ~ [~c ~ ~c~ <~ ~~.~..-- ~ - ~~ 7 ~ Z City/St~tte.lZip:. c~ ~' Phone:_ _ CircEe one: Ce Home E~nai(: Q~vner _.____...Renter I hereby revoke any previous consertt;`support to any amendrnent to the Dec[aration, annexation ar rezonin~~ of any Lots within {)shrin Park Subdivision i authorize this Statentent of E~pposition to be made of .public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 141 of 266 STATEMENT OF OPPOSITIC}N 1, the Lmdersia ed, onr~ose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Osltrin Park Subdivision, made of record as Docket X722, Page 52 and recorded in Docket 5516, Fage 572 and any annexation and rezoning of the Lots of Oslarin Park Subdivision for any commercial purposes. Signature: Printed Name: ~~~ ~ p ~~~¢ ~~~,~~ S/~ Address: ~ ~~_ ~ , ~~ /~~~ Tip ~~~5 /~r~ City/State./dip: Thane Email: ~. i ~ ~ ~- Circle one: ell Hone Or~vner ~~Renter I hereby revoke any previoL~s consent/sLtpport to any amendment to the Declaration, annexation or rezoning of any Lots within Oshrin Park Subdivision I authorize this Statement of Opposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 142 of 266 5TATENIENT OF OPPOSITION 1, the ttndersigned, 4 ose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722.. Page ~2 and recorded in Docket » l6, Page X72 and any annexation and rez_aning of the Lots of Oshrin Park Subdivision far any commercial purposes. Si~7 ature: ~_~~ Printed Name: ~ ~-'""~ ~~ ~ City; State./~ip_ Phone Email: OGVner Renter ~. °~-' ~;' 'ell Name 1 ~~ i ~~ %~ t hereby revoke any previous consent/support to anti amendment to the Declaration, annexation ar rezoning of any Lats within Oshrin Park Subdivision ~~~ t authorize this Statement of Opposition to be made of public retard and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 143 of 266 STATEMENT OF OPPOSITION [, the undersigned, a ase any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket X722, Pane ~2 and recorded in Docket ~~ i 6, Page X72 and any annexation and rezonin, of the Lots of Oshrin Park Subdivision for any commercial purposes. Si~nature: Printed Name:. ~}~~,~ ~~~~ l ~~~_ Z ~ ftddress:.~~.~j r ~.,tJ ~` ~~~ ~.~ City(StateJZip: ~{'~~ „` ~} ~ Phone:, _ Circle one: Cell E[ome Email: Owner , Renter [ hereby revoke any previous consentlsupport to any amendment to the Declaration; annexation or rezoning of any Lots within C?s[trin Park Subdivision [ authorize this Statement of Opposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 144 of 266 STATENI~NT QF QP~'OSITTOv I, the undersigned, Qpt?QS8 any amendment to the Declaration. of Establishment of Conditions, Reservations and R~:strictions far Os#-~rin Park Subdivision, made of record as Docket 4722, Page 52 and recorded inj~Dacket 5~ 16, Page a72 and arty annexation and rezoning of the Lots of Ushria Pant SubdE<v~is~on far any commercial purposes. S P Address: City,!St~:~te./Zip:_ ~~ ~ ~ I f ~ ~ U~ ~' Phone Circle one: Cell ome Email. {~u,~ner Renter 1 hereby revoke any previous consentr`support to any amendment to the Dec[aration, annexation or rezoning oI'any Lots within Qshrin Park Subdivision ~ I authorize this Statement of E~pposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 145 of 266 STATEit~ENT QF OPPt}SiTION [; the undersigned, ot~t~nse any arrtendment to the Declaration of Establishment of Conditions, Reservations and Restrictions far Oshrin Park Subdivision, made aF record as Docket X722, Page ~2 and recorded 'in Docket ~S16, Page 572 and any annexation and rezoning of the Cots of Oshrin Park Subdivision far any comrnereial purposes. Signature: Printed Name:1~~ Address: , ~"`~ "'~ rj ,,-----~ City/State_I7,ip:~- ~~ .~'_~~~..~J _„___ Phone. Circle one: Cpl[ Home Email: ~~wner ___.~__Rent;,r [ hereby revoke any previoEts consent/support to any amendment to the Declaration, annexation or rezoning oFany Cots 4a~ithin Oshrin Park Subdivision __ [authorize this Statement of Opposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 146 of 266 STATEME1tiT OF C#PPOSdTIQN I, the undersigned; onpase any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision; made of record as Docket 4722; Pace 52 and recorded in Docket SS l 6, Page 572 and any annexation and rezoning of the Lots of Oshrin Park Subdivision for any commercial purposes. Si~,~natuce: Printed N~:me: ~, ~5r''e ~,~ . ~~YL/~.~'-`~ ~ ___ _..W r~dd ress e ~~1C7h l a ~ < ~ ~ ~.. ~v P,u-S City/State.lZ.ip: 1 1~t.C,-Sb ~. ~5 ~~ Phone: ~ Circle one: Cell (-lame Email OGVner J Renter l hereby revoke any previous consent/sctpport to any amendment to the f~ecfaration, annexation or rezoning of any Cots wvithin Oshrin Par[c Subdivision l authorize this S€atemEnt of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 147 of 266 STATEMENT OF 4PP~?SITI4N I, the undersigned, o ose any amendment ro the Declaration of Pstablishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 472.2, Page ~2 and recorded in Docket 5516, Page 572 and any annexation and rezoning of the Lots of Oshrin Park Subdivision far any commercial purposes. ' Signature: 1 } C'rinted Name: 1 ~ P, ~~~ t~i Address: ~ ~~ -' '~.-. ~iJ - ~- `t ~ (~ ~~ ~ ~ t~ CitviStateJLip: E..~- ~ __`~ ~ cy %_ ~ ~ ~`~~ Phone Circle one• C ll FCome Email: Owner Renter I hereby revoke any previous consent support to any amendment to the Declaration, annexation or rezoning of any Lots within Oshrin Parfc Subdivision I authorize this Statement of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 148 of 266 STATEIYIENT C3~ ~PF'4SITYCI?~1 [, the undersigned, arose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Page ~2 and recorded in Docket SS 16, Page 572 and any annexation and rezoning of the I/ots of Oshrin Park Subdivision for any commercial purposes. ' Signature:____.. ~ ~~i`~,_„~ j t Printed Nacre: ~.F-t/ r; r' ~~ ~~-: City/State./Zip: ~~ r ~~ w_ Phone: Circle one: Cell Flume Emai L• O~~vner (/ Renter l hereby revoke any previocrs consenG'support to any amendment Co the Deciaratio .annexation car rezoning of any Cats within C)shrin Park Subdivision C authorize this Statement of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 149 of 266 STATEMENT QF OPPQS~IT~ON [, the undersigned; onnose any arnendrr~ent to the Declaration of Estabtishment of Conditions, Reservations and Restrictions for Oshrin Park .Subdivision, made of record as Docket 4722, Pane 52 and recorded in Docket ~5 t 6; Page .~72 and andannexation and rezoninv of the Cots of Oshrin Park Subdivision for any cam rcial'pu~es. ~~.~ Signature: Printed tiame: ~ ~ ,~ ~,_ r - r G? ~'- Z address: S ~~c~ ~ ~ ~l~ CitylState.IZip: ~ c~ ~ ~ ~C Phone: Circle one: Cell f-Iome ~ITca1l: Owner ~°' Renter ~... [ hereby revoke any previous consent/support to any amendment to the Dom,, ~laratian, annexation or rezoning ofany [_,ots within Oshrin Park Subdivision i authorize this Staterrzent of Opposition to be rrtade of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 150 of 266 S'TATEMEi~'T OF' 4PP45ITION I, the undersigned, op~e any amendment to the Declaration of Establishment of Conditions, Reservatit~ns and Kestrictians for Osllrin Park Subdivision, made of record as Docket 4722, Page 5? and recorded in Docket SSI6, Pace X72 and any aru~e~catian and rezoning of the Lots of Oshrin Park Subdivision for any commereial purposes. Signature: Printed v Address: ~ ~ ~ f` ~ ~'t. ` CitylState./Zip: Phane:_ Email: Owner Renter Circle one: et[ [-Tome [ hereby revoke any previous consent;'support tc~ any amendment to the Declaration, anncxatian ar rezonin~ of any [:,ots within C)shrin Park Subdivision ~,~... [authorize this Statement of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 151 of 266 STATEMEiVTT OF OPPOSITIO~1 i, the undersigned, oRpase any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions ror Oshrin Park Subdivision, made of record as Docket 4722, Page 52 and retarded in Docket SSt6, Page 572 and any annexation and rezoning of the Lots of 4shxin Park Subdivision for any camrrtercial purposes. Signature: Printed Dames ~ t ~ `~ address: '~~~= City/State./Zip: ~~.~~,~.~~ ~Z. ~~Z~ 1 Phane:~ Circle one Home Email: E~~vner ~__`Renter I hereby revoke any previous consenG'support to anv amendment to the Declaration, annexation or rezoning of any tats within ~Jshrin Park Subdivision m i authorize this Statement of ©pposition to be made of public record and/ar recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 152 of 266 STATEMENT CAF QFPfJSITION I, the undersigned, ~tp;?ose any amendment to the Declaration of Establishment of Conditions, Reservations and R.estrietions for Oshrin Park Subdivision, made of record as Docket X1722, Page 52 and recorded in Docket 5516, Page 572 and any annexation and rezanin~? of the Lots of Oshrin Park Subdivision for any commercial purposes. Signature,: ~.,~,~ c,.' Printed Name:_3~f~ 2~i°~ ~`~~~~ ~ddress: sz~ ~ cc.ttc> ~,,~,~.~ City/State.iZip:~(~'SG~`% ~~ ~C~ yf Phone: Circ€e one: `el€ 1-lame Email: O4vner ~TM~Renter 1 hereby revoke any previous consendsttppart to any amendment to the Declaration, annexation oe rezoning of any Lots 4vithin (~shrin Park Subdivision 1 authorize this Statemr;nt of Opposition to be made of public record and/or recorded upon my prapcrty. Regular Council Meeting -May 21, 2009 -Page 153 of 266 STATEMENT C3F APPOSITION E, the undersigned, opE ase any arrtendment to the DecIaratian of EstablisEzrrtent of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722; Pale 52 and recorded in Docket ~~ E6, Paae 572 and any annexation and rezoning of the Cots aF Oshrin Park Subdivision tar any commercial purposes. Signature:~~-~_~ l Printed i`tame:~~ ~.ddress: ~~r~- s,~ ~" --~~~Q' _ _ _ G CitylState./Zip:_~ ~`~~~~~;~~ P17one: Email: Owner Renter Circle one: Cefl E-[ome E hereby revoke any previatrs eansentlsupport to any amendment to the DecIaratian, annexation or rezanin~ of any Cats within Oshrin Park Subdivision _ E authorize this Statement of C)ppositian to be made of public retard and!ar recorded upon my property. ~, Regular Council Meeting -May 21, 2009 -Page 154 of 266 STATEMENT OF OPPUS~TIaN I, the undersigned, optaose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for C}shrin Park Subdivision, made of record as Docket X722, Pale 52 and recorded in Docket 5516, Pale 572 artd any annexation and rezoning of the Lots of (3shrin Park Subdivision for any eomtnercial purposes. Signature: Printed ~lame:__'~l~~; ~,j ~ ~.~ ~ I,_±'~°i~_-_ _- Address: ~ ~ ~~ . City/State./Lip~~~_ ! ~'~~, Phone ~ Circle ane: CeII Home Email: Qvvirer Renter ( hereby revoke any previous consentlsupport to any arnenclment to the Declaration, annexation or rezonin~~ of any lots within Oshriri Park Subdivision t 1 authorize this Statement of Opposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 155 of 266 STATEMENT OF t~PP4SITION I, the undersigned, a case any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Pane ~2 and recorded in Docket 5~ 16, Page X72 and any annexation and r;.z_onin~r of the Lots of ~shrin Park Sul~divisron for any commereia! putpc}ses. Sign Printed ~`ame:~ ~ ~~ ~ ~~~'t ! ~1 ~U ~/~~~(,~~ ~l~ ~.____ l flddress: ~ -~G~~ Q-~ ~ ~~ ~, Cit fStatc./Zi ~ ~1 ~ t t y p' fJ~--f' Phone: _ Circle one. Gel! Flome Emai [: Q~.vner lZe.nter f hereby eevoke an.y previous cansentlsupport to any amendment to the Declaration, annexation ar rezoning of any Lots within Osh.rin Park Subdivision l authorize this Statement of Qppasitian to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 156 of 266 STATEi~'tENT OF OPPOSITYO~ I, the ~:ndersigned, a~c~ase any amendment to the I~ecfaration of Estab[is[unent of Conditions, Reservations and Restrictions far Oshrin Park Subdivision, made of record as Docket X722, Page 52 and recorded in Docket 5~ t 6, Page X72 and any annexation and rezanin~? of the Lats of Osh.rin Park Subdivision for any commercial gurgoses. Signature Printed ~~ddress: CityiState./Zig: Phone: Email Owner Renter Circle one: ~ e[ Kome [ hereby revoke any previous consentisuggort to any am~;nc[ment to the Declaration, annexation or rezoning of any Lots within Oshrin Park Subdivision [ authorize this Statement of Oggosition to be made of gub[ic record and/or recardeci upon my gragerty. Regular Council Meeting -May 21, 2009 -Page 157 of 266 STATEMENT OF OPPOSITIOiti I, the ttndersi4ned, o ase any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions For Ushrin Park Subdivision; made of~ record as Docket 4722, Page 5? and recorded in Docket SS l6, Page X72 and any annexation and rezoning of the Lots of Ushrin Park Subdivision far arty commercial purposes. Signature:__~~ ~ ~' =~ Printed l~tame: y G~ ~ ~--~_~G7 ~, tlddress:____ ~Z ~ ~ ~~~( ~ C~~ at. ,--" _--~ Cityr'St~ite./Z.,ip_~~_(,J ~,~~.~ /"~ ~-- ~~ ! ~_ Phone: ~ Circie one: Cell Home Email: {~tivrter ~,.-~'' '`' Renter I hereby revoke any previous eonsentJsupport to any amendment to the Declaration, annexation ar rezoninv oEany Lots within Ushrin Park Subdivision f!~-~,- 1 authorize this Staterrtent of Opposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 158 of 266 ,~ I STATEI~[ENT o~ OPPOSiTIQN ~, the undersigned, o ose any amendment to the Declaration of Establishment of Conditions, Reservations and Restrictions for Oshrin Park Subdivision, made of record as Docket 4722, Page 52 and recorded in Docket 5516, Page 572 and any annexation anal rezoning of the Lots of Oshrin Parr Subdivision for any commercial purposes. ' S City/State./Zip//G(.~~~~ _ ~~~~ Phone: ~ Circle one: CeIE I-lome Email: Owner ~" Renter I hereby revoke an_y previous consent/support to any amendrrtent to the Declaration, annexation or rezoning ofany Lacs within Oshrin Park Subdivision I authorize this Statement of Opposition to be made of public record and/or recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 159 of 266 Printed ~iaine:=l~~~d~'~'-~' ,~~ ~,~-. ,f-= ~'.~'+"-' ~ __ STATEMENT ~F ~PFQSITION f, the undersigned, o ose any amendment to the Declaration of Establishment of Conditions, P.r;servations and Restrictions for Oshrin Park Subdivision, made of record. as Docket X722, Page ~7 anti recorded in Docket s.~ 16, Page X72 and any annexation and rezoning of the Lots of {~shrin Park Subdivision for anv commercial purposes. Signature: Printed Name: ~ ~. Gl ~ ~~i ~ ~ ! J Address:_t(~ ~ ~,t1 CCU ~ ~,L I~L~.-t.Ift~ ~ '~' ..--- CitylState./Zip: ~ ~ c'fj ~ ~ r ~~~ ~~ Phone:_ _ Circle an Cel [-{orne Email: tom'' Awner Renter 1 hereby revoke an_y previous consent/support to any amendment to the Declaration, annexation or rez~c~ningof any Lots within Ashrin Park Subdivision ~/ ~ 1 authorize this Statement of Apposition to be made of public record andlor recorded upon my property. Regular Council Meeting -May 21, 2009 -Page 160 of 266 ~-' ri 05-7 4-0 9P03: 35 RCVD. ~.~ - ..~; ..~; 4•' G May 14, 2009 Ms. Jocelyn Bronson Town Clerk Town of Marana, Arizona 11555 West Civic Center Drive Marana, Arizona 85653 Mayor Ed Honea Vice Mayor Herb Kai Councilmember Roxanne Ziegler Councilmember Jon Post Gouncilmember Carol McGorray Councilmember Patti Comerford Councilmember Russell Clanagan Town of Marana, Arizona 11555 West Givic Center Drive Marana, Arizona 85653 RE: Legal Protest Case No. PCZ-09005 QuikTrip Rezoning Cortaro Farms Road & Cerius SV Ladies & Gentlemen: . Attached are 3 legal protest petitions and 29 other letters of opposition from residents of Marana who live immediately north of referenced rezoning. As you can tell from this strong statement from the neighborhood, this rezoning is not welcomed and is not an appropriate use of the land that is otherwise surrounded by large tracts of residential neighborhoods. Commercial uses, especially one that will operate 24/7, are not a good fit within a quiet residential neighborhood. Placing such a high intense use immediately next to large residential lots can only have a negative effect on the property values of these homes, which is certainly not needed after all the other decreases in home values from the national. economic problems. Also, as a former mayor of an Arizona city, I find it strange that the Town is acting on a rezoning before the property has actually been annexed into the Town. As I recall, annexation was the first step, then the city has to establish city zoning equal to that of the previous county zoning and then the property could be rezoned within the city. I don't think steps 1 and 2 have yet been completed so I question whether this rezoning is 'even appropriate at this time. Regular Council Meeting -May 21, 2009 -Page 161 of 266 Please consider the Legal Protest Petitions and other letters of opposition before making your decision on this case. After considering the strong sentiment of the Marana residents that will be most affected by this retail business, T hope you will vote to deny this rezoning. Think ~m ~stterson - 225 North Broken Springs firail ucson, Arizona 85745 Regular Council Meeting -May 21, 2009 -Page 162 of 266 STATEMENT OF OPOSITION TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE {ARS 9-462.04) I, the undersigned, as legal owner of the below referenced parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18-0260) aad 5535 West Cortaro Farms Road (Parcel # 221- 18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as an owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand fora 3/4 vote of the Town Council, per ARS 9.462.04 and the Town of Marana Land Development Code Section 10.04, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima County, Arizona 85742. I hereby revoke any previous consent or support for this annexation or rezoning Parcel: 221-18-1880 Parcel Address: 8431 North Canal Ct., Marana, Arizona 85742 Owner: CHAPMAN LONNIE A 8431 N CANAL CT TUGS 8 4 -81 Signatur Name: ~~~tE ~. avt.Aa~•] Date: Signature: Name: Signature:, Name: Regular Council Meeting -May 21, 2009 -Page 163 of 266 Date: Date: ~p STATEMENT OF OPOSITION TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE (ARS 9-4b2.04) I, the undersigned, as legal owner of the below referenced parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18-0260) and 5535 West Cortaro Farms Road (Parcel # 221- 18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as an owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand fora 3/4 vote of the Town Council, per ARS 9.462.04 and the Town of Marana Land Development Code Section 10.04, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima County, Arizona 85742. I hereby revoke any previous consent or support for this annexation or rezoning Parcel: 221-18-1830 Parcel Address: 8446 North Canal Ct., Marana, Arizona 85742 Owner: VILLA LUIS A & PERLA CASAS CPIRS 8446 N CANAL CT TUCSON AZ 857 Signature: Name: ~~%S ,~ . a Signature: t, Name: ~. ~ G( C• V ~ ~.. Signature:. Date: ~~ 2~/ -~ Date: ~ Name: ~~: Regular Council Meeting -May 21, 2009 -Page 164 of 266 L~ STATEMENT OF OPOSITION TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE {ARS 9-462.04) I, the undersigned, as legal owner of the below referenced parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18-0260) and 5535 West Cortaro Farms Road (Parcel # 221- 18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as an owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand fora 31a vote of the Town Council, per ARS 9.462.04 and the Town of Marano Land Development Code Section 10:04, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima. County, Arizona. 85742. I hereby revoke any previous consent or support for this annexation or rezoning Parcel: 221-18-1920 Parcel Address: 5561 W RED ROCK RIDGE ,Marano, Arizona 85742 Owner: GRUMBLER ANDREW N 8c SHACKELFORD-GRUMBLER SANDRA A CP/RS 5561 W RED ROCK RIDGE TUCSON AZ 85742 Signature: Name: ~ ~ Signature: Name: Date: t Date: Signature:, Name: Regular Council Meeting -May 21, 2009 -Page 165 of 266 Date: L/~ STATEMENT OF OPOSITION TO ANNEXATION & REZONING 29 Marana Residents Regular Council Meeting -May 21, 2009 -Page 166 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Fanny Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-i8-0270}, Pima Couaty, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Printed Name: t._~.t Z ~ ~~~ r t " ~__ _ .-- Address: City/State./Zip: ~~ Z ~j ~ `7 ~- ~, Phone: Date: ~, ~ Owner . Renter Regular Council Meeting -May 21, 2009 -Page 167 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that T am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature:~~~--~-c~ ~//t,/„~'c1 -~= Printed Name:~C~,-1 ~r n r.~- ~~~,~~ Address: S ~1'~ S~~P1,~C'% ~~,S.~~~~ ~~~ T City/State./Zip:~~G 6yr~ ~7 l5 ~7,~~ Phone: Date:__ ~~~ ~ ~ Owner ~ Renter - Regular Council Meeting =May 21, 2009 -Page 168 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18=0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. a Signature: ~~~/Z~ Printed Name• ~~~~, ~ ~~~ •~ ~~~~ Address:__ _ ~~~~15 ~. ~'~~~~ ~~/u'~"r~n I/~~ City/State./Zip:/~~.~Z, ~`S7 y ~-- Phone: Date: l f Z~ -C ~ _~~Owner Renter ' Regular Council Meefing -May 21, 2009 -Rage 169 of 266 STATEMENT OF OPOSITTON T, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. 1 hereby revoke any previous consent or support for this annexation and rezoning. Printed Name: I' Address: ~ ' ~~ City/State./Zip: v~ ~~,. ~ ~ ~~ ~ Phone: Dater 6 G Owner Renter Regular Council Meeting - May. 21, 2009 -Page 170 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I -am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortazo Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Printed. Name: (_._phcAr~~ ~e. Address: ~ ~ GrJ • ~~r-~ ~ ,' ~~, z City/StateJZip; ~~~ ~~ ~~57~,,,~ Phone: Date: .~ ®cf' -~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 171 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-1$-0270), Pima County, Arizona 85742 ' for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. " Signature ~~ Printed Name:{{/~yl /~ (~ ~j r~/!~y- ~~ed~i,d~!^l ~~ Address: 'C I,f~. C~.~ f~ dbs ~~ 7r, City/State./Zip:. ~` A es ~,,,, ~`-~~Z Phone: Date: ~~~,,~ f tf ~' Owner Renter Regular Council Meeting -May 21, 2009 - Pale 172 of 266 STATEMENT OF OPOSITION i, the undersigned, hereby offer this Statexnent as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel. # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. i hereby revoke any previous consent or support for this annexation and rezoning. Printed Name: ~; Address: r~ ~7? GtJ. ~~sA~ C~ j;u~ ~p{~ City/State./Zip: ~ ~5 o r~ ~ & Z ~~ 7z f. Z Phone: Date: Z G a 9 Owner ~ Renter Regular Council Meeting -May 21, 2009 - Page '173 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farrr~s Road (Parcel #221-18- 0260) and 5535 West Cortaro Fauns Road (Parcel # 221-18-0270}, Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: ~• ~L._ Printed Name: a~~! ['~~ ~~. ~ . ~ ~ Address: ~]~7~ ~ ~~~~ ~ C,~NS~I~ ~" City/State./Zip:. ~K t ~ b ,^~ , /~'~ ~`J~ ~ ~ ~: Phone: Date: ~ ~ ~ ~ ~ ~ Owner. Renter - Regular Council Meeting -May 21, 2009 --Page 174 of 266 .~ STATEMENT OF OPOSITION ,i I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260} and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: ~,, A Printed hTame •`~ ~- ~r ~(x~ Address: .-~~ ~ ~~c ~,t„~! C-t' 1)fh City/State./Zip: ~ ~ C~UL~ ~~ 7/ . ~ ~ ~ ~~-- Phone: Dater v~ ' ~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 175 of 266 STATEMENT OF OPOSIT~ON I, the undersigned, hereby offer this Statement as notice that. I am opposed to the annexation and rezoning of property located at 5565 West Cortazo Farms Road (Parcel #22:1-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revolve any previous consent or support for this annexation and rezoning: - 9 /_/ ~ // Printed Name: ~~~~~ ~ ~~,~~~~~~- Address: -,~~~ l,~}_ ~,G~Y~QS+~ ~V455~~ ~~' City/State./Zip: 1 ~ ~ S ~ ~ 2~ Phone: Date: Z- ~ ~ ~ Owner ~ Renter ° STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Fames Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. (J Printed Name: ~~~; ~~~f/1 ~ ~ (j~~ Address: ~~'] UU - ~~'~,'i~ li1/(J ~~2%y-Qk City/State./Zip: ~,~ ~~ ,~'Z ~ `jam ~{ 2 Phone: Date: ~-~ ^2lp _~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 177 of 266 STATEMENT OF OPOSITION - I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, ,Arizona 85742 for any purpose other than residential uses. ~ I hereby revoke any previous consent or support for. this annexation and r ' , g. Signature: Printed Name: ! ~a/~y' ~. ~`~ Address: ~ ~ `7 ~ /V • ~~f-~t/~ ~ ~ ~` City/State./Zip: r Lf C c5 ~ ~ ~~ ~~ 7 ~~ Phone: Date: ~ L~~ ~ ~ ~!' Owner Renter Regular Council Meeting -May 21, 2009 -Page 178 of 266 STATEMENT OF OPOSITTON I; .the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. .~~`~ n .~ Printed Name: ~~~ « ~. U~ ~ C ~' Address: ~~ ~/ ~ /~ ~ ~'.~+//~ L C ,T City/State./Zip: % 'Gd C c~ ~ ~ ~ ~ ~~ ~ T Phone: Date: ~ ~ 2 ~ ~ Owner Renter ' Regular Council Meeting -May 21, 2009 -Page 179 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18- 4264) and 5535 West Cortaro Farms Road (Parcel # 221-18-4274), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for Phone: Date: ~ _ ~ 7 ~ (/ Owner Renter Regular Council Meeting -May 21, 2009 -Page 180 of 266 STATEMENT OF 4F4SITI4N I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18- 0260} and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning, K Printed Name: L . ~,~ ~~ U/~ ~ ~ Address:~~~ ~ ~r~C~y' CM>~l~Q City/State./Zip: ~e~ 2 Phone: Date: ~~ 2~ l D f owner Renter Regular Council Meeting -May 21, 2009 -Page 181 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro F s Raa Parcel #221-18-0270), Pima County, Arizona 85742 for any purpose other than re dex~tial ses I hereby revoke any previous consent or support for this annexation and rezoning. Signature:, Printed Name: ~ c.o Address: ~~ ~ ~,4 ~~ l - ~ City/State./Zip: ~~~., ~ Z ~ ~ `~ Phone: Date: `~ IZ ~-'fOwner Renter Regular Council. Meeting -May 21, 2009 -Page 182 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-I8- 0260} and 5535 West Cortaro Farms Road {Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Name: I l ~~ City/State./Zip: ~ ` G~ ~~ Phone: Date: ~'`~ ` ~~ ~- Owner Renter Regular Council Meeting -May 21, 2009 -Page 183 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 Vest Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-Q270), Pima County, Arizona 8572 for any purpose other than residential, uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature:--~~ Printed Name: ; ~ ~ (.~ ~ ; ~ ~ ;.-, Address: ~ S b ~ ~ , Shed c~ ~,,~r~~~2 ~r City/State./Zip: ~~ c so -•~ ,,, ~-~ S j' ~ ~~ Phone: Date: ~~ ~ ~ D I/ Owner Renter Regular Council Meeting -May 21, 2009 -Page 184 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer. this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any puzpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Name: ~./~ ~c /K:. Address: ~~~ ] ln~ . ~l-~pv ~~ lit CiTy/State./Zip: ~Gc G~yr~ ~ /f Z ~i 7 `~' ~ Phone: Date: 7/ d 7 . ~~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 185 of 266 STATEMENT OF OPOSTTION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: ~ "~ Printed Name: ~ ~./1 1~ Address: ~~~U ~ ~ ~.L ~~ v~`'C.' City/State./Zip: / ~-~-~~ ~~~- ~~~~~ Phone: ,~ ti-z~-a9 Owner Renter Regular Council Meeting -May 21, 2009 -Page 186 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 55b5 West Cortaro Farms Road {Parcel #221-18- 0260} and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses.. I hereby revoke any previous consent or support for this annexation and rezoning. ~ Signature; ,~} Printed Name: ~ ~~~ f ~ ~ !1~ ~- Address: ~~r~ ~ S ~~~ /~ ~ ~ ~~.U (.~ ~" Ci /State./Zi ~/G ty p Phone: ~~ -og Owner Renter Regular Council Meeting -May 21, 2009 -Page 187 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260} and 5535 West Cortaro Farms Road (Parcel #221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Sienatur~. ') / ~/ ~l v Printed Name: ~.-7-~"c ],, Address: J~ ~~ SVr(~(~y (~ ~vV--t- 1 Jl 1 City/State./Zip: u ~ ~~?j ~ ~~ Phone: c.. Date: ~ 2' l~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 188 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road {Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Name: ~ Address: 5~3~' (,J . c~rr~~,, ~(`rrr,•Q~ 7 (,r;LO~- ~~~~{2 Phone: Date: ~/a Qwner ~ Renter Regular Council Meeting -May 21, 2009 -Page 189 of 266 STATE~TT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexafion and rezoning of property located at 5565 West Cortaro Farms Road {Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Piing County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Na.nne: Phone: Owner Renter Regular Council Meeting -May 21, 2009 -Page 190 of 266 City/State./Zip: STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of properly located at SS6S West Cortaro Farms Road (Parcel #221-18- 0260) and SS35 West Cortaro Farms Road (Parcel # 221-18-0270}, Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Name; tf ~~~-~-- ~ ~ ha r Address: j ~ ~ ~ ~: ~4 ~~'~rD ~r ~f ;hU r~'+~. T- City/State./Zip-~u~~~e~ ~ ~f.Z.dl~cL ~~~~~ Phone: Date: ~ f c~G ~~ ~f Owner Renter Regular Council Meeting -May 21, 2009 -Page 191 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260} and-5535 West Cortaro Farms Road (Parcel #221-18-0270}, Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. Signature: Printed Name: ~ ~ ~~(,~~~~~~ Address: G~~}~ lr~ ~ CG /~_~'v C~'3SSi~ Q~ •~• ~ ,- City%State./Zip: ~ 1.1 C ~ y~ , ~~ ~S ~ ~ ~/ Phone: Date: `f' ~ L--~ I ~' OvQner Renter Regular Council Meeting -May 21, 2009 -Page 192 of 266 STATEMENT OF OPOSITION I, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- ' 0260} and 5535 West Cortaro Farms Road (Parcel # 22I-18-0270}, Pima County, Arizona 85742 for -any purpose other than residential uses. I hereby revoke any previous consent or support for this annPSratinn anr~ ra~nnincr STATEMENT OF OPOSITION i, the undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support for this annexation and rezoning. /~1 Signature: ,¢~il Cv~~ tC~ ri(~ Printed Name: ~ GI.. ~q ~~, .~ v Address: ~ 7 ~ ~ ~ t C ~ Y ~~(~ p U C ~~ ~ ~ : ~ - ~ City/State./Zip: ~ G. ~ ~ ~, ~ ~ ~ z! ~ Phone: Date: Owner ~` Renter Regular Council Meeting -May 21, 2009 -Page 194 of 266 STATEMENT OF OPOSITTON I, the .undersigned, hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18- 0260) and 5535 West Cortaro Farms Road (Parcel # 221-18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. I hereby revoke any previous consent or support far this annexation and rezoning. Printed Name: ,~ ~ s .~ ~ ~ ~, Address: 'SZvt Ca W ~ Cam.,-~~ ~.6~-jS~. _ City/State.IZip: 1 UC~~ i~ ~ ~ ~~~ .Phone: mate: `~/f t~~ --~ Owner Renter Regular Council Meeting -May 21, 2009 -Page 195 of 266 May 14, 2009 Ms. Jocelyn Bronson Town Clerk Town of Marana, Arizona 11555 West Civic Center Drive Marana, Arizona 85653 RE: .Petition of Legal Protest Case No. PCZ-09005 Rezoning Cortaro Farms Road & Cerius SV ~~-za-o sa,~ o: ~ ~ ~cvo Dear Ms. Bronson: Please fmd attached a validly executed Petition of Legal Protest signed by owners of property located immediately south and adjacent to the property attempting to be rezoned by the above referenced zoning action. As the owners executing the attached Petition meet the criteria established under the ARS 9. 462.04 and the Town of Marana Land Development Code, Section 10.04, this Petition is submitted as a request to act upon the above referenced zoning case only with a 3/4 majority vote of the Town Council. Please consider the attached Legal Protest Petition, as well as all other statements of opposition and Petitions of Protest, before making your decision on this case. yo teph J. Martin SJM Promotions, LLC Regular Council Meeting -May 21, 2009 -Page 196 of 266 !~~-2J-^ g~ ~ n. 7 b RCVD STATEMENT OF OPOSITION TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE (ARS 9-462.04) I, the undersigned, as legal owner of the below referenced. parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18-0260) and 5535 West Cortaro Farms Road (Parcel # 221- 18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as an owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand fora 3/4 vote of the Town Council, per ARS 9.462.04 and the Town of Marana Land Development Code Section 10.04, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima County, Arizona 85742. I hereby revoke any previous consent or support for this annexation or rezoning. Parcel: 221-18-0420 Parcel Address: 5504 W CALLE CAYEUS, Pima County, Arizona Owner:LAM DAVID & HON CP/RS 7998 N VIA LAGUNA NIGUEL TUCSON AZ 85743 ~'"~ _~ Signature: ,~`'~ :` ~,.~~`~~,.-~--~, r Name: l'~ t/i ~~ ~f~ G.'f Date: °~' ' ~ ~. ~- Signature: ,~~.,.----- Name: Signature:, Name: Date: Date: Regular Council Meeting -May 21, 2009 -Page 197 of 266 ~~-2~J-;~ ~'fi1 G. 1 ~ RrV~ STATEMENT OF OPOSITION TO ANNEXATION & REZONING PETITION OF LEGAL PROTEST TO ZONING CHANGE (ARS 9-462.04) I, the undersigned, as legal owner of the below referenced parcel hereby offer this Statement as notice that I am opposed to the annexation and rezoning of property located at 5565 West Cortaro Farms Road (Parcel #221-18-0260) and 5535 West Cortaro Farms Road (Parcel # 221- 18-0270), Pima County, Arizona 85742 for any purpose other than residential uses. Furthermore, as an owner of property adjacent to the proposed zoning change, I hereby protest the proposed rezoning and desire this Petition to be a demand fora 3/4 vote of the Town Council, per ARS 9.462.04 and the Town of Marana Land Development Code Section 10.04, relating to the rezoning of the property located at 5565 West Cortaro Farms Road and 5535 West Cortaro Farms Road, Pima County, Arizona 85742. I hereby revoke any previous consent or support for this annexation or rezoning Parcel: 221-18-1330 Parcel Address: 5534 West Calle Cayeus, Pima County, Arizona Owner: JACOBY ROY SPENCE & LINDA SUE JT/RS NGUYEN HANH V 7998 N VIA LAGUNA NIGUEL TUCSON AZ 85743-8107 ,, Signature: ~ ----~--°---- Name:~~~T Signature: Name: Signature: Name: Date: 1 ~ ~~ Date: Date: Regular Council Meeting -May 21, 2009 -Page 198 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COiJNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Commerce Subject: PUBLIC HEARING: Ordinance No. 2009.07: Relating to Development; rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials Discussion: Summary of ARplication The Planning Center, on behalf of Advantage Materials L.L.C., requests approval for a change in zoning on approximately 4.8 acres to develop a contractor's building and material/equipment storage yard. This site is generally located on the east side of Breakers Road easement, approximately one-third mile south of Tangerine Road in a portion of Section 5, Township 12 South and Range 12 East. History Currently, this property is the subject of a code enforcement case with the Town of Marana zoning enforcement office. When the current owners began a business operation on this site they failed to obtain any of the required zoning, plan approvals, permits or licenses that are needed to operate the current or future proposed business in this location. Rezoning Request The applicant proposes a change of zoning from "C" (Large Lot Zone) to "HI" (Heavy Industrial). Marana General Plan The adopted Marana General Plan designates the subject property as Industrial (I). This designation would include the development of a contractor's building and material/equipment storage yard. Staff finds that the proposed rezoning is consistent with the adopted Marana General Plan. Land Use The tentative development plan (TDP) calls fora 12,000 square foot contractor's building to be constructed. The development will provide a total of 16 parking spaces. The majority of the site will be used as a contractor's yard. All outside storage of equipment and materials will be screened with solid fencing. A 25 foot landscape buffer will provide additional screening. Access to the site is provided by Breakers Road easement. Two existing ingress/egress points from Breakers Road easement will provide access into the development. The site is bounded on the east and north by "C" and "HI" zoning; on the west and south it is bounded by "C" zoning. Regular Council Meeting -May 21, 2009 -Page 199 of 266 The applicant proposes to use an existing on-site private well for domestic water and fire protection; the owner/developer must prove that adequate flow exists to meet NW Fire Districts requirements. The property falls within the Town of Marana's Municipal Water service area, however, no existing water service lines or distribution mains are in the area. The project site will utilize an on-site septic system. Currently, no sanitary sewer lines service the area. Trico will provide electric service to the site. Northwest Fire District has confirmed that the rezoning area is within the District's service boundaries. As a condition of rezoning, the owner will be required to hook into Marana water lines and sewers when available. Currently, Breakers Road easement is a chip sealed roadway. As a condition of rezoning, the owner will be required to dedicate 30 foot of the subject property's frontage and pave Breakers Road easement with 24 feet width of pavement from Tangerine Road to the properties southern most ingress/egress point with across-section acceptable to the Town Engineer. The TDP is substantially compliant with the current Marana land development code, the proposed zoning district requirements and the adopted Marana General Plan. ATTACHMENTS: Nance: O Advantage Materials Rezoning Ordinance {00014716). DOC O EXHIBIT A_Advantage Materials.doc O Exhibits_.o..n.fle.-Advanta~.lce Materials.doc ^ PCZ-08069 Location Map.pdf D Application Advantage. Materals.pdf D Advantage_Materials Rezo_ning_Prop 207 Waiver.DOC_ Staff Recommendation: L)escription: Type: Advantage Materials Rezoning Ordinance Ordinance Exhibit A -Legal Description Exhibit Exhibits on file Backup Material Location Map Backup Material Application Backup Material Prop 207 Waiver Backup Material Staff recommends approval of the rezoning with the following conditions: 1. Compliance with all provisions of Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. A development plan and related improvement plans for this property shall be submitted for review within 6 months of Town Council approval of the rezoning. The developer must diligently pursue the completion/acceptance of the development plan. 3. No final certificate of occupancy will be issued for any building in the rezoning area until a development plan has been reviewed and accepted by the Town of Marana. 4. The owner must dedicate 30-feet of right-of--way along the entire western property line for Breakers Road upon demand of the Town or prior to approval of the development plan. 5. Prior to the Town's issuance of a certificate of occupancy for any structure within the rezoning area, Breakers Road. easement must be paved 24 foot wide from Tangerine Road to the rezoning sites southern most access point with across-section acceptable to the Town Engineer. The properly owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those of public roadways. If an improvement district is formed by the Town for construction, improvement and/or maintenance of the roadway in Breakers Road easement, the property owner shall not protest the formation of the improvement district; the property owner's fair share contribution to the improvement district shall be credited to the extent of the cost of permanent Breakers Road improvements constructed by the property owner. 6. Archaeological clearance shall be obtained before grading permits will be issued and before any construction activities can commence. Clearance will not be granted until all requirements of Title 20 of the Town of Marana Land Use Code have been completed to Town standards, and to the satisfaction of Regular Council Meeting -May 21, 2009 -Page 200 of 266 the Town of Marana Cultural Resources Manager. All archaeological work must be performed by a professional archaeologist who meets the requirements as listed in Title 20, Section 20.04. 7. The property owner shall connect to municipal water and/or sewer lines once water and/or sewer lines are located within 300 feet, or as required by code, of the rezoning area. This connection shall be done at the owner's expense. 8. No lot split of any kind is allowed without written consent of the Town of Marana. 9. 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 April 29, 2009 Planning Commission meeting. One adjacent property owner came forward to express support for the project. The Planning Commission voted unanimously (6-0, Commissioner Wood absent) to recommend approval with conditions to the Mayor and Town Council. Suggested Motion: I move to adopt Ordinance No. 2009.07, approving the Advantage Materials rezoning, with conditions. Regular Council Meeting -May 21, 2009 -Page 201 of 266 MARANA ORDINANCE N0. 2009.07 RELATING TO DEVELOPMENT; REZONING APPROXIMATELY 4.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF BREAKERS ROAD EASEMENT, APPROXIMATELY ONE-THIRD OF A MILE SOUTH OF TANGERINE ROAD FROM `C' (LARGE LOT ZONE) TO `HI' (HEAVY INDUSTRIAL) FOR ADVANTAGE MATERIALS WHEREAS, Advantage Materials, LLC is the property owner of in a portion of Section 5, Township 12 South and Range 12 East, as depicted on Exhibit "A" attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on April 29, 2009, and at said meeting voted to recommend, by a unanimous vote 6-0, that the Town Council approve the rezoning, adopting the recommended conditions; and WHEREAS, the Marana Town Council held a public hearing on the rezoning on May 20, 2009, 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 approximately 4.8 acres of land as described below 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 `HI' (Heavy Industrial). 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 Town Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. A development plan and related improvement plans for this property shall be submitted for review within 6 months of Town Council approval of the rezoning. The property owner must diligently pursue the completion/acceptance of the development plan. 3. No final certificate of occupancy will be issued for any building in the rezoning area until a development plan has been reviewed and accepted by the Town of Marana. 4. The property owner must dedicate 30-feet ofright-of--way along the entire western property line for Breakers Road upon demand of the Town or prior to approval of the development plan. 5. Prior to the Town's issuance of a certificate of occupancy for any structure within the Rezoning Area, Breakers Road easement must be paved 24 foot wide from Tangerine Road to the Rezoning Area's southern most access point with across-section acceptable to the Town Engineer. The property owner shall maintain the section of roadway constructed by the property owner to standards generally consistent with those of public roadways. If an improvement district is formed by the Town for construction, improvement and/or maintenance of the roadway Regulq~~~~~l~e~~-~w~ll~'Y 21, 2009 -Page 202 of 266 _ 1 _ in Breakers Road easement, the properly owner shall not protest the formation of the improvement district; and the property owner's fair share contribution to the improvement district shall be credited to the extent of the cost of permanent Breakers Road improvements constructed by the property owner. 6. Archaeological clearance shall be obtained before grading permits will be issued and before any construction activities can commence. Clearance will not be granted until all requirements of Title 20 of the Town of Marana Land Use Code have been completed to Town standards, and to the satisfaction of the Town of Marana Cultural Resources Manager. All archaeological work must be performed by a professional archaeologist who meets the requirements as listed in Title 20, Section 20.04. 7. The property owner shall connect to municipal water and/or sewer lines once water and/or sewer lines are located within 300 feet, or as required by code, of the Rezoning Area. This connection shall be done at the property owner's expense. 8. No lot split of any kind is allowed without written consent of the Town of Marana. 9, No approval, permit or authorization by the Town of Marana authorizes the applicant and/or property owner to violation of any applicable federal or state law or regulation, nor relieves the property 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 property owner 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 not be effective until the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the property owner and .any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R. S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. 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 21St day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting -May 21, 2009 -Page 203 of 266 APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Ordinance 2009.07 - 2 - EXHIBIT A REZONING AREA The West half of the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 5, Township 12 South, Range 12 East, G&SRB&M, Pima County, Arizona; EXCEPT the North 25 feet thereof. Regular Council Meeting -May 21, 2009 -Page 204 of 266 The Advantage Materials (PCZ-08069) rezoning site analysis document is on file and. available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday, at the Town of Marana Municipal Complex, in the Town Clerk's office, 11555 W. Civic Center Drive, Marana, AZ 8 5 65 3 . Regular Council Meeting -May 21, 2009 -Page 205 of 266 '~~ .~" ' ~- ~- ~~~.~, ~~~ `~ ~~ ~~ ~ Advantage Materials i R ~ , ~' ~ ~~ li ~l~ ~~i~~! 5i ng ezon ~' - ~'~ ~'`'I ~ ~ °' ~ ~ CASE PCZ-08069 ~~^N~~ S~F ~~~~.:~~;~.ta~; T~~~ W TANGERINE R D O bje t Pr pert tiT F ~s~ 'QTR ~O RegU@St o X200 2aoon. Approval to change the zoning of approximately 4.81 acres from "C" Large Lot Zone to "HI" Heavy Industrial in order to build a 12,000 sq. ft. contractor building and yard. The property is generally located on the east side of Breakers Road easement, approximately one-third mile south of Tangerine Road. 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 n d 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 a i f h oa r ~ sing rom t e da~~ou~atY~ounCll IVI~e{finny Ica or~re~~ir~t~ s~~~1,~~~1~~tal or consequential damages, including but not limited to time, money or goodwill, ar MARAI~A ~`1\ PLANNING & ENGINEERING APPLICATION I. TYPE UP APPLICATION (C.heck One) ^ Preliminary Plat ^ Development Plan ^ Specific Plan Amendment ^ Final Plat. ^ SWPPP ^ Conditional Use Permit ^ Significant Land Use Change ^ Minor Land Division ^ Improvement Plan ~specif r}_tvpe in Description of Proj~t box*) ^ General Plan Amendment Landscape Plan RezonetSpecfic Plan ^ Water Plan ^ Other 2. GENERAL Ds1T~'< RE UIRED Assessor's Parcel 216-0$-0150 General Plan Designation Industrial Number(s) (To be confirmed b staff} Gross Area (Acre/Sq. Ft.} 4.8.1 Acres Current Zoning C-Large Lot (Ta be confirmed b staff) DevelapmenrlProjectNome Advantage Material Rezoning Proposed Zoning HI- Heavy Industrial Project Location 7999 W Tangerine Road Description of Project` Rezone to Heavy Industrial for a Contractors Yard Property Owner Advantage Materials Street Address 10500 N Oracle Road City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 8537 904-2445 760-4829 Contact Person Phone Number 1 E-mail Mark Martinez 904-2445 Cell Applicant The Planning Center Street Address. 110 S Church Avenue Suite. 6320 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85701 623-6146 622-1950 beonant@azplanningcenter.com Contact Person Phone Number! E-mail Robert Conant 623-614$ bconant ~+ azplanningcenter.com Agent/Representative Same as above Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marano Business License No. ~. AUTIiORIZATION OF PR OPERTY Oy~VNER I, the undersigned., certify that ail of the facts set forth in this application are true. i~;~ the best of my knowledge and that: I am either the owner of the property ter that I have been authorized m writing, by the ov'ner. to fi1L: this application and checklist. (If not owner of i record, attach jwrittecn ~u~~ior-zatian from the owner.} ;~`,~ ~/, /'~ ~~ "~,, , ~ ~ G ' .'~.L.i.. t'~ 1'~., F-.. ..' C, ti. - ~ f ..C..i I ~ ~L ~ ~ r t.~~37C.~~~{T if/~,.~~... ~,,.~ 4 . Print Name of A licant/A ent Si nature Date ^Variance Native Pl~utt Permit ^ Annexation 11555 W. Civic Center Drive, Bldg. A2•Marana, AZ $5653-7403^Telephone 1520) 382-2600^Fax (52(3) 323E-"L641 egu ar ouncil Meeting -May 21, 2009 -Page 207 of 266 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.XX ADVANTAGE MATERIALS L.L.C., an Arizona limited liability company (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. 2009.XX (the "Rezoning Ordinance") and incorporated by this reference in this instrument. The Property is the subject of Town of Marana rezoning case number PCZ-08069, filed on behalf of the Owner, which the Marana Town Council approved with conditions on May 20, 2009 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 waives 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 , 2009. ADVANTAGE MATERIALS, L.L.C., an Arizona limited liability company By: Sean L. Leiber, Member By: Jody A. Mott, Member By: Marc A. Martinez, Member STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me this day of , 2009 by Sean L. Leiber, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. Notary Public My commission expires: Regul~eia~~~~eHttS~~.l~~aht2~e'Nrafef~~PRZ~o~~fgYrbp 207 Waiver.DOC The foregoing instrument was acknowledged before me this _ day of , 2009 by Jody A. Mott, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. Notary Public My commission expires: The foregoing instrument was acknowledged before me this _ day of , 2009 by Marc A. Martinez, Member of Advantage Materials L.L.C., an Arizona limited liability company, on behalf of the company. My commission. expires: Notary Public Regul~eTa~~~~~eHfla~~J 1:A~v~~e"1~Tate~d~~pR~Lo'hl~fgYrbp 207 Waiver.DOC ~ ,~dvar~fia e Materials ~ 7949 West Tana Marar~ ,, • • T~~rP~a;ww~r~GC,.. x • Advantage Materials Rezoning Breakers Road, South of Tangerine Road Marana, Arizona PCZ-08069 Rezone from Large Lot Zone (C) to Heavy Industrial (HI) Assessor's Parcel Number: 216-08-0150 Township 12S, Range, 12E, Section 5 Lot Size: 4.81 Acres Submitted to: Town of Marana Planning Department 11555 West Civic Center Drive Marana, Arizona 85653 Prepared for: Advantage Materials P.O. Box 89339 • Tucson, Arizona 85752 Telephone: (520) 904-2445 Prepared by: The Planning Center 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 With assistance from: Physical Resource Engineering, Inc. 4655 North Flowing Wells Road Tucson, Arizona April 2009 • • For clarification of material contained in this report contact: THE PLANNING CENTER 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 Fax: (520) 622-1950 • PLANNING CENTER Table of Contents • I. INTRODUCTION .......................................................................................................................1 A. INTRODUCTION ..................................................................................................................... 2 II. INVENTORY AND ANALYSIS ..................................................................................................3 A. EXISTING LAND USES ..........................................................................................................4 1. Description of Site Location in Regional Context ...................................................................... ....... 4 2. Description of Existing Land Uses ............................................................................................ .......4 3. Surrounding Property within One-Quarter of a Mile ................................................................. ....... 4 4. Location of Wells ....................................................................................................................... ..... 11 B. TOPOGRAPHY ................................................................................................................. ....12 1. Topographical Characteristics .................................................................................................. ..... 12 2. Predevelopment Cross-Slope ................................................................................................... ..... 12 C. HYDROLOGY ................................................................................................................... ....14 1. Off-Site Hydrology ....................................:..................................................................................... 14 2. Existing On-Site Hydrology ....................................................................................................... ..... 14 3. 404 Compliance ........................................................................................................................ ..... 14 D. VEGETATION ................................................................................................................... ....18 1. Vegetative Communities and Associations On-Site ................................................................. .....18 2. Significant Cacti/Groups of Trees and Federally-Listed Threatened or Endangered Species.. .... 18 • 3. Areas of Especially Important Vegetation ................................................................................. 4. Densities of Vegetation ............................................................................................................. ..... 18 ..... 18 E. WILDLIFE .......................................................................................................................... ....20 1. Letter from Habitat Specialist .................................................................................................... ..... 20 2. Description of Wildlife Concerns ............................................................................................... ..... 20 F. VIEWSHEDS ..................................................................................................................... ....22 1. Viewsheds Onto and Across the Site ....................................................................................... ..... 22 2. Areas of High, Medium and Low Visibility from Nearby Off-Site Locations :............................. ..... 25 G. TRAFFIC ........................................................................................................................... ....27 1. Existing and Proposed Off-site Streets ..................................................................................... ..... 27 2. Arterial Streets within One Mile of the Project Site ................................................................... ..... 27 3. Existing and Proposed Intersections ........................................................................................ ..... 28 4. Existing Bicycle and Pedestrian Ways ...................................................................................... .....28 H. RECREATION AND TRAILS ............................................................................................ ....30 I. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES .....................................32 J. COMPOSITE MAP ................................................................................................................34 III. LAND USE PROPOSAL ........................................................................................................ 36 A. PROJECT OVERVIEW ......................................................................................................... 37 • B. TENTATIVE DEVELOPMENT PLAN .................................................................................... 37 C. EXISTING LAND USES ........................................................................................................ 39 Advantage Materials Rezoning i Table of Contents • 1. Zoning Boundaries .........................................................................................................................39 2. Assessment of Impact on Existing Land Uses ............................................................................... 39 D. TOPOGRAPHY .............................................................................................. .......................41 1. TDP Response to Existing Topographic Characteristics ..................................... ..........................41 2. Encroachment onto Slopes 15% or Greater ........................................................ .......................... 41 3. New Average Cross-Slope ................................................................................... .......................... 41 E. POST DEVELOPMENT HYDROLOGY ......................................................... .......................41 1. TDP response to Hydrologic Conditions .............................................................. .......................... 41 2. Off-Site Hydrology ................................................................................................ ..........................41 3. 404 Compliance ................................................................................................... .......................... 41 4. Detention/Retention ............................................................................................. .......................... 42 5. Conceptual Drainage Plan ................................................................................... .......................... 42 F. VEGETATION AND WILDLIFE ...................................................................... .......................44 1. TDP Response to Existing Vegetative Characteristics ........................................ ..........................44 2. TDP Response to the Native Plant Ordinance and Habitat Disturbance ............ .......................... 44 G. BUFFERYARDS ............................................................................................ .......................44 1. Techniques Used to Mitigate Sound, Visibility, Lighting and Traffic .................... ..........................44 2. Cross-section Illustrations of Proposed Buffers to be Used Adjacent to Existing Development... 44 H. VIEWSHEDS .................................................................................................. .......................47 1. TDP Mitigation ...................................................................................................... ..........................47 • I. TRAFFIC ........................................................................................................ 1. Traffic Analysis ..................................................................................................... .......................47 .......................... 47 2. On-Site Street Rights-of-Way .............................................................................. .......................... 48 3. Proposed Bicycle and Pedestrian Pathways ....................................................... .......................... 48 J. PUBLIC UTILITIES ........................................................................................ .......................49 1. Sewer ................................................................................................................... ..........................49 2. Water .................................................................................................................... ..........................49 3. Gas ....................................................................................................................... .......................... 49 4. Electric ................................................................................................................. .......................... 49 K. PUBLIC SERVICE IMPACTS ........................................................................ .......................51 1. Public Service Impacts ......................................................................................... .......................... 51 2. Impact of the Development on Schools and Parks .............................................. .......................... 51 L. RECREATION AND TRAILS ......................................................................... .......................51 M. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES .....................................51 BIBLIOGRAPHY ......................................................................................................................... 53 r~ ~~ °~ ~'~.~ Advantage Materials Rezoning ii Table of Contents • EXHIBITS Exhibit II.A.1: Location and Vicinity Map .......................................................... Exhibit II.A.2: On-Site Land Use ...................................................................... Exhibit II.A.3.a: Existing Zoning ....................................................................... Exhibit II.A.3.b: Existing Land Uses, Regional Development and Wells.......... Exhibit II.B: Topography .................................................................................... Exhibit 11.C: Off-Site Watersheds ...................................................................... Exhibit II.D: Vegetation Communities and Densities ........................................ Exhibit II.E: Arizona Game and Fish Department Online Review Tool ............ Exhibit II.F.1.a: Photo Key Map ....................................................................... Exhibit II.F.1.b: Site Photos .............................................................................. Exhibit II.F.2: Visibility ...................................................................................... Exhibit II.G: Major Roads One-Mile Context .................................................... Exhibit II.H: Recreation and Trails ................................................................... Exhibit II.I: Arizona State Museum Letter .......................................................... Exhibit II.J: Composite Map ............................................................................. Exhibit III.B: Tentative Development Plan ........................................................ Exhibit III.C: Zoning Boundaries ...................................................................... Exhibit III.E: Post-Development Hydrology Concept ........................................ Exhibit III.G.1: Landscape Bufferyards ............................................................. Exhibit III.G.2: Proposed Buffer Cross-Sections ............................................... Exhibit III.K.2: Statement of Water Service Provision and Availability ............. • r~ ~J .......................... 5 .......................... 5 .......................... 7 .......................... 8 ........................13 ........................16 ........................19 ........................ 21 ........................ 23 ........................ 24 ........................ 26 ........................ 29 ........................ 31 ........................ 33 ........................ 35 ........................ 38 ........................ 40 ........................ 43 ........................ 45 ........................ 46 ........................ 50 ~~ Advantage Materials Rezoning iii • • • ~_:- ~:,~: ,~ ,,:,; ~~ s ~~ r. .`~:- ~~ e~`_ ;Y .tic;. `: ~~} S' Introduction A. Introduction [;-.] The subject property is 4.81 acres located south of Tangerine Road, bordered on the west by what is known as Breakers Road. The site is currently being used by the applicant as a contractor yard for the storage of machinery and building materials. The purpose of this analysis is to identify factors directly or indirectly influencing a rezoning of this property from Zone C (Large Lot Zone) to HI (Heavy Industrial) for the development of a 12,000 square-foot contractor building and associated improvements. This proposed development is in compliance with the Town of Marana approved 2007 General Plan. The location of the subject property is ideal for its proposed purpose as its main access is from Tangerine Road, a major arterial roadway connecting northwest Pima County, Oro Valley and Marana to Interstate 10. Additionally, there are several similar operations located in the vicinity of the subject property; therefore, the proposed development will be compatible with the surrounding area. Advantage Materials Rezoning 2 • • ~: .~`r ~? ti s~. Inventory and A~~ ~. -Y ~~ ~y f ~. r ., a ,,~~ Inventory and Analysis A. EXISTING LAND USES 1. Description of Site Location in Regional Context The project site consists of approximately 4.81 acres on the northeast corner of Breakers Road and Benta Vista Street in Marana, Arizona. As shown in Exhibit II.A.1: Location and Vicinity Map, the entire site is within Township 12 South, Range 12 East, Section 5, and is identified as Assessors Parcel Number 216-08- 0150. 2. Description of Existing Land Uses The site is currently being used by the applicant, Advantage Materials, as a contractor yard. As shown in Exhibit II.A.2: On-Site Land Use, the site contains several large steel canopies, storage containers, and several large piles of building materials. There is also a large area used for the storage of construction equipment. 3. Surrounding Property within One-Quarter of a Mile a. Existing Zoning • Project Site: C (Large Lot Zone) North: C (Large Lot Zone), HI (Heavy Industrial), E (Transportation Corridor), South: C (Large Lot Zone) East: C (Large Lot Zone), HI (Heavy Industrial) West: C (Large Lot Zone) (See Exhibit II.A.3.a: Existing Zoning) b. Existing Land Use Project Site: Building material and equipment storage North: Vacant, industrial, mixed-use South: Vacant East: Industrial West: Breakers Water Park (See Exhibit II.A.3.c: Existing Land Uses, Regional Development and Wells) c. Number of Stories of Existing Structures The majority of the existing structures within cone-quarter-mile radius of • the project site are single-story; however, several industrial buildings in the project vicinity appear to have heights that are equivalent to two .stories. Advantage Materials Rezoning 4 U • Inventory and Analysis Site Boundary Township, Range & Section Acreage Approx 4 81 AC Assessors Pa rce! ID # 2'6-.^F-G':50 NORTH p :}S D' 7DD' i FILE NAwE: A04'~Ot_locad«~.mxd SDURGE: Pimp County OOT GIS, 2DOT Advantage Materials Rezoning Exhibit II.A.1: Location and Vicinity Map Inventory and Analysis • Exhibit II.A.2: On-Site Land Use LEGEND Site Boundary NoRrn o' so' 1oa ~~~~ FILE NANE: AdV-o1_an;ite_landu:c.mxd SOURCE: Pima County GGT GIS, 2pp7 Advantage Materials Rezoning 6 Inventory and Analysis Exhibit II.A.3.a: Existing Zo - --- _~ x ~~ ,, '' ~~" ~ j ~ 1 ` i W ~, ;. n / ~ i{Q /~ ~ / ~ ~ ~ ~ ~- --~ __ --~~~ LEGEND Q Site Boundary C Large Lot Zone - -Quarter-Mile Radius ; Naarn a ~cr soa , : E Transportation Corridor Zone T ~~~ • Town of Marana Zoning HI Heavy Industrial . FILE MArvE: hOV-01_ rnmg.mxd _ MU-1 Mixed Use Zone R-SO Single Family Residential sour~cE; Fima ca,nty ooT cis. 2ooz Advantage Materials Rezoning 7 • • • Inventory and Analysis Exhibit II.A.3.b: Marana General Plan Advantage Materials Rezoning 8 LEGEND Site Boundary Marana General Plan 2007 - -Quarter-Mile Radius Lova Density Residential NORM °' ~0~ 5°°~ i ~~ Mixed Rural FILE NAPJE: hC1V-L71_GP_206T.msd Industrial SOURCE: Pima Cwnty 447 GIS. 2aJ7 • • • Inventory and Analysis LEGEND Site Boundary 100-foot Radius C ~ Quarter-Mile Radius Development Plans Existiny Wells N4RTN 4' 254' 546' ~~~ FILE NANE: ADV-01_off:itc_landu:c_wcll:.mxd wOURCE: Pima County DCT GIS, 2404 Advantage Materials Rezoning 9 • Inventory and Analysis d. Pending Rezonings There are two pending rezonings within one-quarter mile of the site. Breakers Road Industrial Park Rezoning, project number PCZ-07131, is a 4.8-acre parcel located immediately to the north of the subject property, being rezoned from C (Large Lot Zone) to HI (Heavy Industrial) to allow for industrial buildings. Northwest Storage Rezoning, project number PCZ-07081, is a 4.77-acre site being rezoned from C (Large Lot Zone) to HI (Heavy Industrial) in order to accommodate two warehouse structures to be used as storage facilities. e. Conditionally-Approved Zonings There are two Conditionally-Approved Rezonings within one-quarter mile: Tangerine/Breakers Rezoning(Park N' Shade), PCZ-02082, is a 27.2 acre parcel located on the southeast corner of Breakers Road and Tangerine Road, rezoned from Large Lot Zone (C) to Heavy Industrial (HI) via ordinance 2002.26. • Tangerine Rezoning (Hunters), PCZ-03107 is a 10 acre parcel located east of the Advantage Materials site and was rezoned fron Large Lot Zone (C) to Heavy Industrial (HI) via ordinance 2005.10. f. Subdivision/Development Plans Approved There are two Subdivisions/Development Plans that have been .approved within one-quarter mile: Hunter Contracting Office and Equipment Yard, Project DPR-07107, is located east of the Advantage Materials site. This 10-acre project will include an office building and a shop building. Ironwood Acres, project PRV-07093p, consists of 40 acres on which 35 residential lots are planned. Park N' Shade Development Plan (DPR-02103) located at the southeast corner of Tangerine Road and Breakers Road is a 27.2 acre development consisting of storage areas for recreational vehicles. g. Architectural Styles Used in Adjacent Projects The majority of the buildings within one-quarter mile of the project site are manufactured homes or basic steel open-storage structures and industrial • buildings. Advantage Materials Rezoning 10 Inventory and Analysis • 4. Location of Wells There is one well located on-site as depicted in Exhibit II.A.3.c: Existing Land Uses, Regional Development and Wells. It is identified as Registry ID:525213 and is owned by Advantage Materials, LLC. • • w Advantage Materials Rezoning 1 1 Inventory and Analysis • B. TOPOGRAPHY 1. Topographical Characteristics The site is relatively flat and has been completely graded to allow for its current use. 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 15% or Greater As Exhibit II.B displays, the majority of the site is relatively flat and contains no slopes 15% or greater. • d. Other Significant Topographic Features The site exhibits no significant topographic features. 2. Predevelopment Cross-Slope The predevelopment average cross-slope was calculated using topography from Pima County DOT Geographical Information Services (2008) with two-foot intervals. The average cross-slope is 3.84%. Average cross slope = [I x L x 0.0023] / A Where: I =contour interval (2 feet) L =total length of contours 4018.75 feet 0.0023 =conversion of "square feet" into "acres x 100" A =total site area in acres 4.81 • Advantage Materials Rezoning 12 Inventory and Analysis • Exhibit II.B: Topography _. ; i ;r ~ I ,. on ,, a r. ,~ ti _ _ u;, _ v ~a~~~a2r E sao To` m ~ ~~ t ,, ~~ ~' .~~ ~ ~ ~~ -~ ~ J~~ ~ m~ ~~ ~ :,rY Advantage Materials Rezoning 13 LEGEND NOTES r `_....._ -_-_-____ _ ____.___ . _~.__w_ .._..._ 1 _ ,Site Boundary There are nv slopes 15°fa or ~ ""'~ a so' ~ot1' 2" Elevation Contours greater, no rock outcrops, and na I ~f~ peaks or ridges on the site ExistingSfructures `-~ ~~~.~:'_ A-~'~ ~ -X, s~~wG/~cap0 -- Parcels. Inventory and Analysis C. HYDROLOGY The following section summarizes the drainage report completed by Physical Resource Engineering, Inc. The entire report will be submitted for review under separate cover. 1. Off-Site Hydrology The Ruelas Regional Watershed has flow across the area up to one foot in depth. This watershed is one of several for the Tortolita Alluvial floodplains that have been identified and mapped according to the Flood Insurance Rate Map 04019C0995K. This map predicts inundation of flooding during the 100-year return interval for the entire Tortolita Fan. AO-1 sets the potential depth across the entire area as one foot. Local offsite watersheds were delineated, and mapped in Exhibit II.C.1: Off-Site Watersheds, to determine the amount of flow that could flow through the site. Since the property adjacent to the site is developed and current land clearing east of that, the area was delineated on foot. The area is riddled with multiple trails and constructed drainageways to divert flows around each development. Runoff arriving from the north-northeast flows along the westbound roadside. At CP10, approximately 7.5cfs flows toward the access road as overland sheet flow. • Depth of flow across this area is estimated at one inch in depth. At this depth, runoff does not cross the access road but flows adjacent to it westward and into Breakers Road. There are 2 offsite watersheds that arrive at the east and northeast side of the site. This report quantifies these watersheds as individual although is inclusive in the regional Ruelas watershed that extends to the upper elevations of the Tortolita Mountains. Watershed 20 has an expected 100-year peak discharge of 62cfs. Watershed 30 has an expected 100-year peak discharge of 15cfs. The FIRM Map provides the zone, depth and velocity for Ruelas Watershed. 2. Existing On-Site Hydrology The site is currently in use with some structures and paved surfaces. Vegetation is designated as low density with 30 to 40 mature trees and some scattered brush along the perimeter. Soil type for this site is designated as 100% type "B" indicating low runoff potential. Storm water runoff in its existing conditions generates approximately 26 cfs for the 100-year event. As illustrated in Exhibit I I.C.2: On-Site Hydrology, runoff flows in a southwest direction as overland sheet flow. The average slope for the parcel is 2.6%. Rainfall values used were the Atlas 14 Upper 90% confidence values. 3. 404 Compliance • There is no evidence of confined flow in a continuous watercourse, any sandy bottoms, any defined banks or riparian areas. Historically, as development has arrived in this area, flow has been blocked, redirected or channelized in short Advantage Materials Rezoning 14 Inventory and Analysis • segments about each development. Further downstream of the site, most washes dissipate or discontinue within the agricultural area. This area of agriculture goes back many years. Tangerine Road improvements have redirected the majority of offsite flow west. Offsite flow upstream and downstream of the project site does not fall into any classification that would consider it to be within a 404 jurisdiction as outlined in the 33CFR 329.11, 323.(C)(4) guidelines. • Advantage Materials Rezoning 15 • • • Inventory and Analysis Exhibit II.C.1: Off-Site Watersheds .. - .. ........... __ ..-..:....mm LEGEND Notes: Area Under Section 3.1 of the Drainage Report At CP10 _ r J Site Boundary ' ' Construction approx. 7.8cfs flow, runoff does not cross the Parcel _ _ Flow Arrows access road but flows adjacent to it westward - - Watershed Boundary and into Breakers Road. 10 Concentration Point CP DA Q100 10 0.6ac , 7.Scfs 20 21.3ac'i 62cfs' I r- - - ~ 30 2.9ac~ j 15cfs _~~ __. ruoRr~ 0~ yp, ~, 1 ~~ FILE rVAhAE', ADU-Ok-EXI&!T$.UW~!{JFF$IiE Advantage Materials Rezoning 16 • C7 Inventory and Analysis 1 i~ , ''•. ~ ~ ...-_ _.___ 4 l tD i ~ ~ l:i ~ ~ ~ ~ ~ - ~ ~ ~_ ~-.- a L~ ~ ~ ~i ~1 ,, ~ ~ j I`~ i i' ` t it t ~i ' __ - l '' , t 1 r \ s~._. t ~ t 1 \ f _ ~ - ~,/~ - 1 ~ ~ y - ~I i }y 1 ~ BENTA VISTA STREET I`t , ` ~- -N89d33'38"E 337.82' '`~ti. }r-__-- - y t I_EGEIVD _ - ~. ~ Site Boundary __-.------_-- -- Watershed Boundary - 2' Elevation Contours 10 Concentration Point Existing Structures ..,~_ ployY Arrows .._ _ _ _ Parcels JY ~ ~ i ~ ~ rlr ~' ~``~°~ ---- N~rrH ~ - ~' lOp' T ~~ FILEiVAME- ADV-0'~-EXI&IS.OWGIPRE-HY©RO Advantage Materials Rezoning 17 Inventory and Analysis • D. VEGETATION 1. Vegetative Communities and Associations On-Site According to, Sonoran Desert Conservation Plan Vegetation Mapping and Classification, the entire project site falls within the Sonoran Desertscrub classification. Typically, this vegetation community includes. trees such as Paloverde (Cercidium microphyllum and C. floridum), ironwood (olneya tesota), mesquite (prosopsis spp.), and cat-claw acacia (Acacia greggii). Common shrubs in this classification include ocotillo (Fouquieria splendens), jojoba (Simmondsia chinenis), and desert hackberry (Celtis pallida.) In this case, the vast majority of the site has been graded and is void of vegetation. The vegetative communities and densities are depicted in Exhibit II.D: Vegetation Communities and Densities. 2. Significant Cacti/Groups of Trees and Federally-Listed Threatened or Endangered Species According to the printout created by Arizona Game and Fish Department's Online Review Tool included as Exhibit II.E: Arizona Game and Fish Department Online Review Tool, the project site does not occur in the vicinity of any vegetative Proposed Critical Habitat. AGFD has identified Special Status Species that occur • within athree-mile radius of the project site which have been summarized in Table II.E: Special Status Species in Section II.E Wildlife. 3. Areas of Especially Important Vegetation There are no areas of important vegetation on the project site. 4. Densities of Vegetation The entire site consists of low-density vegetation. Vegetation density was determined by site visits and observation of aerial photographs. Vegetation densities were categorized using the following percentages of coverage: High-Density: 66% - 100% Medium-Density: 33% - 66% Low-Density: 0% - 33% • Advantage Materials Rezoning 18 Inventory and Analysis • • • Note: The entire site consists of low-density vegetation. ~-:~!r.:EFhr~_a::_u~e.~:T~r<_~~~~: Advantage Materials Rezoning 19 LEGEND SDCP Vegetation Classification _, Site Boundary -.a Agriculture /Developed !Water /Bare Ground 2' Contour ~I, Sonoran Desertscrub ~i rr~ rv rr ~r~,_r ~_~ Fi~rvAR~E a~._~~-.~ ~~t rt~:~~~~,~x_i ~i Inventory and Analysis E. WILDLIFE 1. Letter from Habitat Specialist Research from the AGFD is included in this report as Exhibit: II.E: Special Status Species. There are no state-listed threatened or endangered species or high densities of any specific species present on the project site. Additionally, the project site does not exhibit any riparian ecosystems. 2. Description of Wildlife Concerns As listed in Table II.E below, the AGFD's Heritage Data Management System (HDMS) identified the following special status species as occurring within a three-mile radius of the project site: Table II.E: Special Status Species Common Name Scientific Name ESA USFS BLM_ Sta#e Tucson Shovel-nosed Snake Chionactis occipitalis klauberi S Tumamoc Globeberry Coccyzus americanus S S SR occidentalis Cactus Ferruginous Pygmy- Glaucidium brasillianum SC WSC owl cactorum • status uenn¢ions: s: ~ensmve tesum is u~rw~~ SR: Salvage Restricted SC: Species of Concern WSC: Wildlife of Special Concern Advantage Materials Rezoning 20 • • Inventory and Analysis Exhibit II.E: Arizona Game and Fish Department Online Review Tool ~, s ~E ~~ ~~ ~~ ~~ ;~. ~_ S 1 :~ r_ 1~ u ~~ '~ _>, ;!' ,. _ ,,. c Materials Rezoning 21 Inventory and Analysis • F. VIEWSHEDS 1. Viewsheds Onto and Across the Site Various photographs were taken of views from and across the project site, as shown in Exhibit II.F.1.b: Site Photos. Exhibit II.F.1.a: Photo Key Map indicates the locations from which the photos were taken. The significant views and vistas beyond adjacent properties are of the Tortolita Mountains to the northeast and the Tucson Mountains to the southwest. Views of each of these mountain ranges are obstructed by large mounds of building material and structures present on site. • • ~U Advantage Materials Rezoning 22 Inventory and Analysis i• txn~ait ii.r.~.a: rnoto i• i• LEGEND Site Boundary ~>Photo ID & location photo was taken NOarH a I~,~• ~po• i r~~1 FILE NAME: hD'J-01 _photohc y.mx~d aDURCE: Pima ~Couat}~ DDT GIS, P004 Advantage Materials Rezoning 23 Inventory and Analysis • • ~ ~~„ m .. -.. 5 ~R ^.~ ~ - A~Kh"~k III r~Ibti~~i a d 1 W~kr ~'- VY ~, ~ ~ t Y .M+i=~ 4; o~Y xx ~ ,~# re p .. n Photo 4: tea,€€~ ~ .. yLooking east , <.~ . onto the site from Breakers Road. r ~ ~J Advantage Materials Rezoning 24 Photo 1: Looking south along Breakers Road from the property's northwest boundary towards the Tucson Mountains. Photo 2: Looking west across Breakers Road at Breakers Water Park. Photo 6: A photo of the property to the east taken from the southwest property boundary. Photo 5: A storage structure on-site which exhibits typical architecture in the area. • Inventory and Analysis 2. Areas of High, Medium and Low Visibility from Nearby Off-Site Locations: As illustrated in Exhibit II.F.2: Visibility, the majority of the site exhibits low visibility due to the obstruction created by large mounds of building materials along the property boundary. Areas of .high visibility correspond with these building materials and the site access points. Visibility has been categorized as follows: High Visibility:. Areas not obscured by vegetation or terrain and visible from Breakers Road. Low Visibility: Areas on-site that cannot be seen from off-site locations due to vegetation, current land uses, and/or topography. • • Advantage Materials Rezoning 25 Inventory and Analysis • Exhibit II.F.2: Visi • • I , t { i 1 ~ I ~ I 1 I I _~_,_~ ~ _ BENTA VISTA STREET LEGEND r ~ ~ Site Boundary ~ yigh Visibility Existing Structures ~ Low Visibility -- - Parcels c,~ 1t7Ci Fur °,~ ^/i %._ , - . x ~ _. ~ VISIBIIJTY Advantage Materials Rezoning 26 Inventory and Analysis G. TRAFFIC 1. Existing and Proposed Off-site Streets Breakers Road is a local, .unimproved roadway that bounds the property to the west with an existing right-of-way width of 30 feet. Tangerine Road is a two-lane arterial (with a center turning lane) located north of the property site with a speed limit of 50 mph. Park n Shade was required to dedicate 200 feet of ROW for Tangerine Road adjacent to their site. Additionally, Interstate 10 is located slightly less than one mile west of the project site. This portion of Interstate 10 is divided and consists of four lanes. For a graphic representation of this information, please see Exhibit II.G: Major Roads One-Mile Context. 2. Arterial Streets within One Mile of the Project Site Right-of-way widths have been obtained from the Town of Marana's Major Streets and Routes Map and Pima County's Major Streets and Scenic Routes map. Daily volumes are from recorded traffic volume data from Curtis Lueck & Associates, Pima County, ADOT or the Pima Association of Governments. • a. Existing and Proposed Right-of--Way Widths Tangerine Road has an existing right-of-way width of 100 to 310 feet between Breakers Road and Interstate 10. The proposed future width is 350 to 400 feet. The existing right-of way of Interstate 10 is approximately 300 to 500 feet. b. Conformance with Minimum Width Requirements Both Interstate 10 and Tangerine Road conform to the width requirements. c. Ownership The portion of Tangerine Road north of the project site is owned and maintained by the Town of Marana, and Interstate 10 is owned and maintained by ADOT. d. Continuous Rights-of--Way Both Interstate 10 and Tangerine Road are continuous. • Advantage Materials Rezoning 27 Inventory and Analysis • e. Number of Travel Lanes, Theoretical Capacity, Design Speed for Existing Roads Table II.G.2.e: Existing Roadways Inventory According to Traffic Volumes in Metropolitan Tucson and Eastern Pima County 2005, Interstate 10 has approximately 42,500 daily trips north of Tangerine Road and 52,100 south of Tangerine Road. There are approximately 8,000 trips daily on Tangerine Road between Interstate 10 and Dove Mountain Boulevard. f. g• Road Segment No. of Travel Capacity Speed Limit Lanes m h Tangerine Road 2 with Center 15,600 50 Turnin Lane Interstate 10 4 Lanes 67 200 75 Divided , Average Daily Traffic for Existing Streets Surface Conditions of Existing Roadway Providing Access to Site Based on visual inspection and apparent ride quality only, the surface conditions of Interstate 10 and Tangerine Road are fair. h. Program for Completion of Roadway and Intersection Improvements No improvements that would impact access to the site are scheduled for the immediate future. 3. Existing and Proposed Intersections The Tangerine Road/Breakers Road intersection provides access to the project site. Aright-hand deceleration lane on eastbound Tangerine Road exists as traffic control. 4. Existing Bicycle and Pedestrian Ways • Currently, there are no bicycle lanes or pedestrian ways located on the roadways that access the site. Advantage Materials Rezoning 28 Inventory and Analysis • • txniait ii.v: mayor rtoaas rJne-mue context ..--~ / ~~~ ~\ __ _ // ` \ / `~ ~1 i / Tangerine Road __ ._ (90'-100'. 350'-400"1 so ~ _ ~ ~ i i E i _____~_~_~~ d _ N M III O i ~ ~I • LEGEND Site Boundary C J One-Mile Radius N arrrn o' ioo0~ 2aoo ~~~ Interstate r1~n' 't5+!°} Current Ri ht-of-Wa Future Ri ht-of-Wa 9 Y g Y FILENAHE: AOV-81Jacation.mxd . SOURCE: Pima Coanry OOT GIS, 2007 Advantage Materials Rezoning 29 Inventory and Analysis • H. RECREATION AND TRAILS There are two trails and two bike routes located within one mile of the project site as illustrated in Exhibit II.H: Recreation and Trails. According to the Town of Marana Park, Trail, and Open-Space System Master Plan (June 1999), the Wild Burro Wash (#36) is located approximately one-half mile northwest of the project site and is defined as a Connector Trail. This trail runs from Wild Burro Canyon/Foothills Trail in the west Tortolitas to the Central Arizona Project (CAP) Canal Primary Trail. Powerline Transmission Trail (#179) and Scottie's Loop Trail (#164) are located approximately three-quarters of a mile east of the project site and are defined as a Local Trails. Two bike routes are located along the northbound and southbound Interstate 10 Frontage Roads, approximately three-quarters of a mile southwest of the project site. Rillito Vista Neighborhood Park is located a little over one mile west of the site within Pima County jurisdictional boundaries. This park offers a community center, volleyball court, a lighted basketball court, ramadas, a picnic area, a playground, restrooms, and drinking water. One and one-half miles southwest of the project is Cascada District Park which is proposed as part of the Cascada Specific Plan. • ,~~_...` ~.~.+ Advantage Materials Rezoning 30 Inventory and Analysis Exhibit II.H: Recreation and Trails .~~ ~~° ,~'~ ~ ~ ~ ~' `c ~ ~ ~ m" + ~ 3• o~ J`~~ i J i ~ ~`\a6 ,: I / ~ 4 ~___ i , . • + + ®• ~ Tangerine Road • - • • s • ~ ~t~`f• s 5 ~• • • \~ ~4` a • Site Boundary • * •• Trails C J One-Mile Radius Parks NORTH a ic~oo~ z~oc, ( I~~ • Inters#ate Bike Routes FILE NAtJE: ADV-41_rocrcation.mxd S~~k~RCE: Pima Caunty DDT GIS, 200T Advantage Materials Rezoning 31 Inventory and Analysis I. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES According to the Arizona State Museum, the project area was surveyed in 1981 and 1989. No cultural resources are recorded within the project boundary. Although the state Historical Preservation Officer generally recommends an archaeological resurvey of land that was surveyed more than ten years ago. • • Advantage Materials Rezoning 32 Inventory and Analysis • Exhibit II.I: Arizona State Museum Letter -~ `~ a,~~t r,~ ti~.,~ ARC~QEO~oej+c,a~ $!TE R~cnaas SEARCN RESULTS Leiter Request Recerve~l ... Search comple#ed: 5r'6?2{3ti~ ~tequester Name .onci T~Ue _ :~ ~ ~ .. Company: i .:- - :,,-- t`~+y. State, L,p [.ode: +:~n 8~-~_~' Pht ~~~ r .~x;or Email: -. - ~~'~d$ Project Name andtor Numher Project Descriptit~n T~'~ # Ai.~`:~ a~el ~lFi-G6 '_"~ ~:.: Ird~astria(iazonang of 4-£ 1 acres Project Area w~ at,on _ _. aic~e;ine koad TnEvn of Mauna, Nima C~unty~ Arc~on2. Legal Desc: ~ur n: >...-_ ~ ~ t~ ~ S+,^d SE. ~: 1 ._~ - _ s _ - ,:P~.~. Marano. P~n~a County AZ Search Rr,SUi!~ --.~ archaeologicr =-rF~ ~ ,.. t~,e arizana SEate Museum Aci~1 - .- =r te ~~ ~~,as ar^, F~ -, ~.;:,1 rso~-r>.• ~ aga~~ in 1989 The sta?e Hssr, - ,, ~. ~ , :c,n ,c.- ~, ._ ~., ~ .. ~ ~f land k~at was ~,r, .-~9 , as being ,m ~ ~ :r -:' ;~. ; , ~ ' ~ x~e ~ 9 ~ iand Sites ~~, Project Area '~, - Rec~mmendatiun~; ,~,.... , ~ ~:~ ttre Tt~M cu~t:,e.~ ,. m,~~.- rAr.;~mraenna~ . part.' su .., .. '.1~ _ ~ .. ~ ,. ~ J taw _,p.r .. :.. .~ ~ ._ -. ~: t^.~,~-. r.,~ ... r -- ._ . ?AS~1'-h'e:: ~Sr ~ ... _td _ „ . ;~a'-.4,;: , , ~.~ , ~ ;,rs _ ,~ ~er~~. ~ ' -='~~ are ~_ r -~_ -.,~ ! - ~ ,. : r ,..tt- ~ sty; _ .a~~is 2nd ? i'ro Hodson, ~, ,_ ::,~. G csE,;;n ~~::;.,• ;s.,!;s ," ; ,k,, s=.=- :ontaCt me 2t the le!terheac 2t the phpne nun,~,~ ~ . rr~~i ad~re5, ar...- t.., - F.. f~~., -~ - ~. _ F~',74 -~d Br,Z~,•~ ~~I.i ' ( 4,' ~ R, ~ `~~,,! Advantage Materials Rezoning 33 Inventory and Analysis J. COMPOSITE MAP Thorough site analyses 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 visibility has been compiled to create a McHarg Composite Map, displayed as Exhibit II.J: Composite Map. • • Advantage Materials Rezoning 34 Inventory and Analysis .~ ,, ,~ '~~ _ ~. i `~ ~o c area:.. '.. water • t~'^, ~~ ', ~'_ , t 3 t 1 x` • BENTA VISTA ST LEGEND Notes: _ - --- _._ - • There are no slopes 15°/ or greater no rock ~~ ~ -~ _________.______ Site Boundary Low Visibility ,~„~ ~~ tar 2' Elevation Contours .- ps, and no peaks or ridges on the site T ~~ • There are no significant cacti or groups of trees ~_ Existing Structures High uFSibility or federau listed itxeatened or era red - Y ~ nu ek~s~ _ ac. n ~ x~•=ts.cw~tcoMPO~~ Parcels -~-- Flow Arrows species. ~ "~ Existing Fence :Section 3.1 at the Drainage Report: At CP10 -- Watershed Boundary approx.7.$cfsfbw,runoffdoesnotcrossthe 10~ Concentration Pplnt a s iwtflowsadjacenitoitwestwardand into Breakers Read. ~lJ Advantage Materials Rezoning 35 Exhibit II.J: Composite Map, - ~ -- E vacant - - zaoo - "~ 1 Q; `. i • • • i~," ~: ~~ } `~ ' s-. ~ .:jr., '.r',r ~~ k ' N A, ,:.. ~ _,_, ;~(t~~ ~.~~ h. `. ~. .:~54 ~ .» Land Use Proposal • A. PROJECT OVERVIEW This is a request to rezone the existing 4.8-acre contractor's yard from Zone C (Large Lot Zone) to HI (Heavy Industrial) for the development of a 12,000-square-foot, single- story contractor building. The contractor building will include 1,500 square feet of office space and 10,500 square feet of storage. The proposed use is ideal for the location of the property. Adjacent operations are similar in type and intensity. Additionally, the site's main access is from Tangerine Road, a major arterial roadway connecting northwest Pima County, Oro Valley and Marana to Interstate 10. The subject property is adjacent to Breakers Road, an unimproved roadway with a 30-foot existing right-of-way. Upon rezoning, the subject property will dedicate an additional 30 feet fora 60-foot total right- of-way. Prior to the issuance of a permanent certificate of occupancy, the owner/developer will construct (or have constructed) Breaker's Road from Tangerine Road to the project's most southern access point with 24 feet of pavement to specifications se t by the Town Engineer. The project site lies within the area designated as Industrial (I) by the 2007 Marana General Plan. Areas designated as Industrial are intended for storage, processing, fabrication, and distribution of goods; thus, the Advantage Materials Rezoning application meets the intent of the General Plan. • B. TENTATIVE DEVELOPMENT PLAN As demonstrated in the Inventory and Analysis portion 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 Marana. Refer to Exhibit III.B: Tentative Development Plan (TDP) for an illustration of the project proposal. (A folded full-size drawing of this exhibit is included at the end of this submittal package.) ~'!~ Advantage Materials Rezoning 37 • Land Use Proposal Exhibit ~ c , ~ -. _ .,_;.-~- Vacant ." - ' " ~~ 11 , -- 16 -10 FIRE ACCESS „~ .-~,,,. ~~... ,.... _. -. __..L"_.. ' I .-,f .. - I - --- ._. - 25'lANOSCAPI N 89430`22" E 3 4+7 70' 30 E 1 ~® ~ AE~~~~ n®__ ®_ ~ - ~ _ __ _. _ ; HANDICAP I ~ ~ ' ACCESSIBLE CONTRACTOR OFFICE 1 SPACES ~, AND STORAGE , I 12.000 S.F. I ~ \~ i ~~ ~.¢0' RIGHT-0F-WAY i ~. .,, RETENTIO~! OETENTIO Q. =4CF - =79as c+ d=2' I ss 4:1 I F~ WEIR L=5', ~ I ~1 Breakers I ~I Water Park ( ~ ~I I Q I! ~ m I ~ 1 I _~~ 25 LANDSCAPE BUFFE•j l0` BUILDING SETBACE~ --""'~~ E i ~- I POINT Tentative Development Plan a SETBACK ~ - - - ~_ ~--; WASH ~ I AREA 1,S60SF I -__ 30•,3• / ~~ ~ ~ ~~ ~ NG tJ i ~ I ~ ~ ~ ~r \ To Be Removedll C1,_3-9 ~ ~ \ a `~' / I 9' WALL ~ 24' PRIVATE ROAD !® o C CONTRACTORYARD ~ ®~~ ~''Q Cony roors '~ 132,567 S.F. 1 (TO BE SURFACED WITH I ~ 1 GRAVEL - ...I " - -" AS NEEDED) ~ I ® i I I j I ~ ._ I I ~... -- _ ~ ~ t x _ ~ ®' ~OS2s 4{ ' i II~ I ND PR POSED i ® 62'-4' / '. SS INT ~ ----- 25' LANDSCAPE BUFFER~j /{- --- --- -- ~- 30' BULIDING SETBACK i I ,,I l I I ` ~~ ~~ \ I RETENTf N! OETENTI N ' ~l ~'{ I I I f ~i a` - _ f i ®~ ~psa ~~ ~f l ~ _~ , ~ t I BENTA VISTA STREET l __~__-- ~ -------~----~----J ~' ~ ~ -- - - r ~_ 'B' N 89433'36" E 337.62' ~__,_m .~"' ._- 30' BUILDING-SETBACK ~--- .~-.~. ~ - -' C DA=3.3ac 2 - 25' LANDSCAPE BUFFER "-2090 O.=1Bcfs Vacant .-."""" legend Notes - - _.._ v f: `:,,1 Site Bounda~ • Property Acreage 4 6 AC employed include curb cutstdepressed rack outcrops, and na peaks or n rises , { 2' Elevation tjQntOUrS • Jurisdmtion Town of Morena planter islands, directing roof runoff to on the site. ---- Future Right-afi-Way • Existing Zomng C (Large Lot Zone} landscaped areas. and inteodurJng • Section 3.1 of the Drainage Report. At ------ LandSCa~ BUffer Comp. Plan: NartMxast Sub•regian swalestmioro-basins to take advantage CP10 approx. 7.8cfs flow. runoff does Building Setback • Propos+d Zoning: HI (Heavy Industriatq pf stormwater to ~mgata vegetation. net cross the access road but Bows ' " PrD osed Buildin p 9 • Maximum Budding Height: 35 adjacent to tt westward and mto Micro•basins shalt be no deeper than 6 - - - Parcels .Proposed Building HoighL 35 and must be designed to al3ow for rapid Breakers Road • parking Spaces RaqutreG: 12 infiltration of standing water (standing • Site to be enclosed by solid fencing. ®- Flow ArPOWS • Parking Spaces Provided: t6 water is not [a exceed 12 hours}. Well Location • HC Accessible Spaoes Provide4: 2 + All iandscep~ng will consist of taw-water N=irt*N 0' S0' 100' '~' - PedeStrlan CrOSSIng • Water harvesting wit{ be incorporated use species in accordance with the T ® Canopy Tree within the development wherever Marano Land Use Code requirements. ~___. RetentlOn(~eterlllOfl possible. Techmqufss that may tte • Thera are no slopes 15Y ar greater, no FILE NAME: ADV-0' -E%IB'iS DWG/PDP B7 Concentration Point . Advantage Materials Rezoning 38 Land Use Proposal • C. EXISTING LAND USES Zoning Boundaries The requested zoning boundary is the property line surrounding parcel 216-08- 0150 and is delineated in Exhibit III.C: Zoning Boundaries. 2. Assessment of Impact on Existing Land Uses The project site location is ideal for the proposed development. It is located in the vicinity of uses similar to the intensity and use proposed. The site borders commercial and industrial uses to the east and west and vacant land to the north and south. Ample screening and vegetative buffering will be provided where appropriate between the project site and adjacent properties to mitigate any negative impacts on visibility and noise. Additionally, views from adjacent properties of the Tortolita Mountains to the northeast and the Tucson Mountains to the southwest should be minimally impacted given the size and scale of the proposed structures. • • ~~ Advantage Materials Rezoning 39 Land Use Proposal • ~~~ 1'/I~J~~ I r Exhibit III.C: Zoning Boundaries _,_~~ ~.: ~ ~~ Ik A f. I 1 ~. i LEGEND Q Site Boundary ' C Large Lot Zone - -Quarter Mile Radius E Transportation Corridor Zane NoRrh a ~o~ soa • Town of Marana Zoning •"°~ HI Heavy Industrial FILE NAM1rE: hO4-01 _.«~in g.mxd MU-1 Mixed Use Zone ®R-36 Single-Family Residential SOURCE: Puna County DDT GIS. 2007 Advantage Materials Rezoning 40 • Land Use Proposal D The project site is relatively flat; consequently, there are no topographic features affecting or preventing the proposed development. E. There are no slopes 15% or greater on the project site. TOPOGRAPHY 1. TDP Response to Existing Topographic Characteristics 2. Encroachment onto Slopes 15% or Greater 3. New Average Cross-Slope The average cross-slope is not expected to change with the new development, remaining at approximately 3.84%. • POST DEVELOPMENT HYDROLOGY The following .section summarizes the drainage report completed by Physical Resource Engineering, Inc. The entire report will be submitted for review under separate cover. The post-development drainage solution has been illustrated in Exhibit III.E: Post- Development Hydrology Concept. 1. TDP response to Hydrologic Conditions The development consists of a contractors building and associated parking. The building will be required to be elevated a minimum of 2' above highest, adjacent, existing grade. This is to accommodate FEMA's AO Zone as 1' overland sheet flow depth from Ruelas Watershed. Developed runoff with an increase in impervious cover of 12 percent increases onsite runoff by one cubic foot per second to 27 cfs. The building and parking lot will be located aY the north end of the site and does not impacted the flow through of offsite runoff 2. Off-Site Hydrology The offsite flow shall be accepted onto the site and exit the site at its historical discharge point. Offsite generally flows as sheet flow and shall continue toward the southwest corner across the yard un-obstructed. • 3. 404 Compliance Review of Aerial topography revealed no jurisdictionally defined watercourses onsite or offsite arriving at the property. This area is known typical alluvium with multiple braided washes throughout. There is no evidence of confined flow in a continuous watercourse, any sand-bed bottoms, any defined banks or riparian areas. Historically, as development has arrived in this area, flow has been blocked, redirected or channelized in short segments about each development. Tangerine road improvements have .redirected the majority of offsite flow west. ~.~ Advantage Materials Rezoning 41 Land Use Proposal • Offsite flow upstream and downstream of the project site does not fall into any classification that would consider it to be within a 404 jurisdiction. 4. Detention/Retention The peak discharge for the developed site is 27cfs. The 100-year volume runoff is estimated at 27,906 ft3. A following 10-year runoff generates approximately 16,511 ft3. The 25 foot landscaping buffer can be used for retention storage. The areas shall be one foot in depth. At a depth of only a foot, side slopes may be 1:1. The detention/retention basin shall be designed to contain the entire 100-year runoff volume followed by a 10-year storm as mandated by the Town of Marana. At a single foot of depth, infiltration, evaporation and use by landscape vegetation will consume the storm water. Total Volume of retention is 44,417 ft3. 5. Conceptual Drainage Plan The TDP manages the onsite and offsite drainage in accordance with all of the policies set fourth by the Town of Marana including any basin management as required by the Town Engineer. • • Advantage Materials Rezoning 42 • • C7 Land Use Proposal --_ ---- /J I ~ ~ I i I I 1 I I r ~°" i '''~ HANDIC ACCESSIB SPACE ~, RETENTION; N `~I I + f DETENTION a.=acFS ~'~ ~ f =~sas cr ~ I d-z 8 I ss 4:1 WEIR L=5` ` ~ ! ~ I ~ WEtRh=t.3 , , I I I I ~ /~ ~ ~~ ~ I I I ~ I 1 \ ~ I ~ _ W Y I ~ i -_. w [D ~ ~ I I AP LE S ~ 7! ~r ~`- t ,.,.:.:._ ..__...i ~~ Advantage Materials Rezoning 43 • Land Use Proposal F. VEGETATION AND WILDLIFE 1. TDP Response to Existing Vegetative Characteristics The majority of the site is void of vegetation due to previous grading. The viable vegetation that exists on-site will either be preserved in place or transplanted on- site into landscape islands or bufferyards. 2. TDP Response to the Native Plant Ordinance and Habitat Disturbance All viable vegetation that is disturbed as a result of this development will be transplanted into landscape bufferyards. In accordance with Title 17 of the Marana Development Code, an exception for the NPPO requirement will be requested at the time of Development Plan. G. BUFFERYARDS 1. Techniques Used to Mitigate Sound, Visibility, Lighting and Traffic There will be a 25-foot landscape bufferyard adjacent to the Breakers Road right- . of-way as required in the Town of Marana Land Use Development Code. A 25- • foot buffer will also be provided adjacent to the northern, southern, and eastern boundaries. A 10-foot building setback will be utilized along Breakers Road and a 30-foot building setback will be utilized along the remaining boundary. See Exhibit III.B: Tentative Development Plan and Exhibit III.G.1: Landscape Bufferyards. While the project site will be adequately lighted in the evening hours for employee and customer safety, all lighting will be shielded and directed downward, as required by Marana's Outdoor Lighting Code. Additionally, solid security fencing will be located around the property. 2. Cross-section Illustrations of Proposed Buffers to be Used Adjacent to Existing Development Exhibit III.G.2: Proposed Buffer Cross-Sections illustrates the proposed buffer along the perimeter of the property. • ~~ Advantage Materials Rezoning 44 Land Use Proposal Exhibit III.G.1: Landscape Bufferyards '~ ~`,t it ~ I - _ - 2~ ~`., ~ - «,~wosca~~eu1=FER- ..- ~~,~ N e9csozz E aao ~o~ '~ ry ' t --- ~~~----- ---~ --- HANC3IGAP -=~ ~_ ~~ AGCESSlBLE ~'~ CONTRACTOR OFRCE WASH I i ° SRACES ~~ ANG STO RF~G~~ ~~ _ ._.-_- I ~ 12.D0 S.F I 1-S I ORV 1,5~ S E ~ ~ -. ~, - Lxis C~P~7SEC7' *80' RIOHF-06 WAY `' ( G ~~" ~SS POINT I I i i n,c i ~ ~' j ~- ~ ;lr' ~~ ~. '~ i q tva ~ RETENTIOtttttt~~~~~~111111/ m) ~ ~'r ~ ''~'. ~ DETENTt~ ~~~``°..., ~~ O..=dGf 3 I =7846 cf I ~ ~ I ~1 ~ ~ j s54:1 ~ ~• _ I WEIR L=5" ~~ ~:. ~ I m I I ` $' WALC ~,~ I ~ w _ ~ I (T~YP.) I I "m r,% I 0 ~" 24'PRIVATE ROAD I 4 I GONTRAGTORYARD ' I I y ~ ~_ ~ ~ l 1 ~ 132,667 3 F ~~\ I ~,~ I (TO BE SURFACED WITH i 1~ ~`'~ t Q GRAVEL I ~~' ~ i `'t I W -.. _.-- _-.,.. AS NEECaEO? _- I I ~~.~ m ~ i I • L,, ~ I , ~ I i I -..r.~"~ ( I ~, ''. 25LANOSCAPE BUFFEFj -- /~r'"~`, y I > :\ tt~ 3 I ~~ EX15 R D PRQPOSEO I ~~ ~~ t y~, I t'1- ' A~4gSSpbINT' i 25' }.ANDSCAPE BUFFER i 30',RIGNT•OF-VdAV~ . ~_ ,~ .;~ I -~ -.- _ I '~ DEDIGAIIUN ~ I ~ ~~ I ~ _ _ __. -{ .,~-. I 'r ''. I ~-m. ~ s RETENfiI t~L <, r: ~ ~'~ i t DETENfii N ~ ~ - ti y I ~ `~ ',~_ ~ ~~~. I ~ ------ - --- --- -- J BENTA VISTA STREETI `w' ~ ' _ - _ _ _Y -. N89d33'3G" C 337.82' _.. ,..._ -- - q~a~ 25'LANOSCAPE BUFFER ~ " 2~ tt __ Legend 4 ~ Site Boundary Landscape Border - 2' Elevation Contours ----- Future Right-of-way N~ tY so' Tar -- Landscape Buffer r ~~ Proposed Building _ • Parcels FlLE NAME, ADV-0I ~xie>s `WGlBUFFER Advantage Materials Rezoning 45 Land Use Proposal • • • rvo~~ r i5' 30' ~~ ~t tiAME: ADV-OI-E%f~TS.DWG/CRaSSSECTION Advantage Materials Rezoning 46 - --~_ 30' ROW _ '~ Dedication * 25' 24 ,+~-- 18' Landsca,~e 14' 24" Public Road B~Fer Private Road i fi0' Future Breakers Road ROW • Land Use Proposal H. VIEWSHEDS 1. TDP Mitigation a. Mitigation of Impacts to Views and Vistas from Off-site The proposed buildings will be placed in the same locations as the current structures on site and will be of similar height making the impact to views and vistas from off-site locations minimal. b. Mitigation of Impacts to Areas of High Visibility As part of this project, the current landscape bufferyards will be augmented to mitigate for areas of high-visibility. Additionally, a screen will be installed along Breakers Road I. TRAFFIC 1. Traffic Analysis • a. Proposed Internal Circulation and Access to/from Arterial Street Access to the site will be from Tangerine Road via Breakers Road. The tentative development plan presents two access points on the western boundary of the project site. The two access points, connected by a circular driveway, will allow for access to the vehicle use area. This vehicle use area provides room for parking, loading and unloading b. Future Off--site Road Improvements Required Breakers Road will be reconstructed as a 24-foot pavement section with a 60-foot right-of-way. The property is in agreement to dedicate 30 feet for right-of-way at such time as the Town requires (See Section 1II.I.1.F: Party/Agency Responsible for Necessary Improvements on page 46.) c. Projected ADT • Using the category of Light Industrial (110) of the Institute of Traffic Engineers Trip Generation Manual (7th Edition), the projected number of daily trips is 249, 36 trips in the a.m. peak hours and 35 in the p.m. peak hours. At the time a development plan is submitted for review a comprehensive traffic impact report or statement will be required. In reality for the project in the foreseeable future, there will be no more than 6 trips per day generated by the site. ~~ Advantage Materials Rezoning 47 Land Use Proposal • d. Impact to Existing Development Abutting Off-site Streets Traffic impacts to adjacent development will be negligible due to the fact that the on-site use is not expected to change due to the proposed development. There will be days when no traffic will be generated from or to the site. All other days, traffic will be light. e. Capacity Analyses for Proposed Internal and Off-site Streets Tangerine Road has a maximum capacity of 15,600 daily trips. Improvements to Breakers Road will allow for a capacity of 12,600 daily trips. f. Party/Agency Responsible for Necessary Improvements In compliance with the Marana Development Code Section 05.05.07, the following is stated: Unless Breaker's Road is reconstructed by others prior to the need for the issuance of a Certificate of Occupancy for any structure within the rezone, the developer of this project will be responsible for improving Breaker's Road from Tangerine Road to the southernmost end of this project's • frontage on that road. The said segment of Breaker's Road shall be constructed as a 24-foot wide paved roadway with a structural cross- section acceptable to the Town Engineer. 2. On-Site Street Rights-of-Way There are no on-site rights-of-way proposed as part of this project. 3. Proposed Bicycle and Pedestrian Pathways There are no bicycle or pedestrian pathways proposed for this project. • Advantage Materials Rezoning 48 • Land Use Proposal J. PUBLIC UTILITIES The project site is surrounded by a variety of land uses, some of greater intensity than that proposed in this rezoning. Most public utilities are available for connection adjacent to or within the property. Sewer The project site will utilize septic systems on-site. Currently, there is no public sanitary sewer to service this development. The contractor yard use will generate very little wastewater, with the only output being from employees restrooms. 2. Water The property site lies within the boundary of the Town of Marana Municipal Water service area. The State of Arizona Department of Water Resources has designated the Town of Marana Municipal Water as having an assured water supply (see Exhibit III.K.2: Statement of Water Service Provision and Availability). As the Marana Municipal Water Department does not have service lines or distribution mains in the area, the existing on-site well will be used for domestic water and fire flow. • The following is stated in regards to the existing well on-site which provides both domestic and fireflow water: a. All projects served by a private well should add a general note to the development plan that this project does not have an assured water supply or: b. Provide a certificate of assured water supply from the Arizona Department of Water Resources. 3. Gas There will be no use of natural gas on-site. 4. Electric Trico Electric Company currently serves this area. Advantage Materials Rezoning 49 Land Use Proposal • Exhibit III.K.2: Statement of Water Service Provision and Availability ~..~~,~. F~ ~1 a ~m~ ~4n..nv .r. .... -...., ~_.. '4 `'c, b ~iI'I:1 „t-. .e ~.;. 'sl t/ u i ~ t i iii:, Er l' ,: i l i ti r~ ~'U Advantage Materials Rezoning 50 Land Use Proposal • K. PUBLIC SERVICE IMPACTS 1. Public Service Impacts a. Police The project site is within the Town of Marana's police jurisdiction. The Town of Marana Police Headquarters is located at 11555 W. Civic Center Drive. A security fence and gate will be installed around the facility to provide additional security. b. Fire Northwest Fire District serves the area surrounding the project site. The nearest fire station is Northwest Fire Station #37 located at 13001 North Tortolita Road approximately three and a half miles northeast of the project site. The buildings will be required to be provided with an automatic fire sprinkler system per 2006 IBC Section 506.1 and Section 506.3 in order to meet the size and area requirement of the Building Code and Section 903.2.3, Section 903.2.4, Section 903.2.8, Section 903.2.8.1, and 903.2.10.3 for anticipated uses. On-site water • storage will be utilized for fire flow. c. Sanifary Pick-up Sanitary pick-up will be provided through a contract with a private garbage collection service. 2. Impact of the Development on Schools and Parks Since the proposed development exclusively consists of commercial and industrial land uses, it will have no impact on schools or parks. L. RECREATION AND TRAILS As the proposed rezoning of the subject property is solely intended for commercial and industrial development, recreation amenities will not be offered within the development and existing off-site amenities will not be affected. Additionally, there are no trails located within the vicinity of the project site. M. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES In conjunction with submittal of a development plan, a Class III archaeological survey of this property will be prepared by a qualified archaeological consultant as required by • Title 20 of the Marana Land Use Code. We understand that the results of that survey must be submitted to the Town of Marana Cultural Resources Manager and approved Advantage Materials Rezoning 51 Land Use Proposal • and that any required mitigation will be implemented before archaeological clearance is granted. • Advantage Materials Rezoning 52 Bibliography • Bibliography Aerial Photographs, Pima Association of Governments, 2005. Federal Emergency Management Agency (FEMA), Letter of Map Revision (LOMR). MapGuide, Pima County Department of Transportation. Marana General Plan, 2007. Marana Land Development Code, revised July 2003. Pima County DOT Geographical Information Services, 2006. Physical Resource Engineering, Inc., Drainage Report, May 01, 2007. Sonoran Desert Conservation Plan Interactive MapGuide. Town of Marana Trail System Master Plan, 2000. Traffic Volumes in Metropolitan Tucson and Eastern Pima County, 2005. • Trip Generation: 7th Edition, Institute of Transportation Engineers, 2003. • r~V' Advantage Materials Rezoning 53 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Commerce Item A 3 Strategic Plan Focus Area -Additional Information: The Union Pacific Railroad is a vital component of the Town's strategic plan focus area of Commerce Subject: Resolution No. 2009-23: Relating to Transportation; approving and authorizing the Mayor to execute an agreement with Union Pacific Railroad Company concerning double-tracking through the Town Discussion: Union Pacific Railroad (UPRR) is currently constructing a second main track between Yuma and Tucson, including the stretch through the Town of Marana. The Agreement presented for the Council's consideration facilitates the double-tracking project and sets forth the parties' obligations for coordinating and cooperating with one another concerning both the double-tracking project and other future projects throughout Marana. The agreement also describes the extent of UPRR's financial obligations towards the construction of certain future grade-separated crossings in Marana, and obligates the Town to express its support of the double-tracking project in proceedings before the Arizona Corporation Commission. ATTACHMENTS: Name: Description: Type: ^ Reso UPRR Double Tracking_Ag_reement.DOG, Resa approving UPRR Double-Tracking Agreement Resolution ^ Exhibit A_AGT UPRR Double-Tracking 4-29- 09.DOC Exhibit A to Resa: UPRR Double-tracking agreement Exhibit -- Staff Recommendation: Staff recommends adoption of Resolution No. 2009-23. Suggested Motion: I move to approve Resolution No. 2009-23, approving and authorizing the Mayor to execute adouble- tracking agreement with Union Pacific Railroad. Regular Council Meeting -May 21, 2009 -Page 210 of 266 MARANA RESOLUTION N0.2009-23 RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY CONCERNING DOUBLE-TRACKING THROUGH THE TOWN WHEREAS Union Pacific Railroad Company seeks to construct a second main line railroad through Town of Marana; and WHEREAS the Town and Union Pacific Railroad Company have prepared an agreement to address issues related to the double-tracking project and other matters relating to coordination and cooperation between the Town and the Railroad; and WHEREAS the Mayor and Council of the Town of Marana find that the proposed agreement is in the best interests of the Town and public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The Agreement between the Town of Marana and Union Pacific Railroad Company attached as Exhibit A to and incorporated by this reference in this resolution is hereby ap- proved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of this agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 211 of 266 AGREEMENT Between TOWN OF MARANA, ARIZONA And UNION PACIFIC RAILROAD COMPANY This AGREEMENT ("Agreement") is entered into this day of 2009, between TOWN OF MARANA, an Arizona municipal corporation, (hereinafter referred to as "Town") and the UNION PACIFIC RAILROAD COMPANY, a Delaware corporation operating a railroad in the State of Arizona (hereinafter referred to as "UPRR"). RECITALS A. UPRR currently is constructing a second main track on and along the Gila Subdivision (Yuma-Tucson) main line in Arizona wherever there is currently only a single main line track. UPRR's project requires construction of a second main track through and across existing public at-grade crossings within the municipal limits of Town. A list of seven (7) existing public at-grade crossings of UPRR's Gila Subdivision main line located within the Town is attached hereto as Exhibit A and incorporated herein by reference. B. UPRR and Town have met on several occasions to discuss UPRR's second main track construction project. UPRR has presented maps and other information to Town. Town understands the scope of the project as it may affect roadway at-grade crossings within its jurisdiction. Town has expressed concern about various matters related to UPRR's main line, including the second main track, as it passes through the Town. C. UPRR wishes to obtain Town's general support and cooperation with respect to construction of the second main track through Town, particularly with respect to the at-grade crossings listed on Exhibit A. Town wishes to have UPRR address certain Town concerns about UPRR's installation of its second main track and future grade separations over the main line. UPRR and Town desire to enter into this binding Agreement to address Town's concerns and to secure Town's cooperation with respect to the construction of second main track across the at-grade crossings listed on Exhibit A. AGREEMENT NOW, THEREFORE, the parties hereto make and enter into the following binding agreement: EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 212 of 266 1 UPRR OBLIGATIONS 1. Barnett Channel Project. UPRR shall cooperate with the Town's project to install the Barnett Channel, which is a planned waterway, which would cross under the UPRR main line at RR MP 963.4. The Town's plans for the Barnett Channel include construction of a bridge for the existing UPRR main line track over the proposed Barnett Channel, and the Town shall pay the cost of installation of such bridge. The plans for the Barnett Channel include a separate bridge structure for the second main track to be installed by UPRR, and UPRR shall pay the cost of installation of such bridge for the second main track. Provided, however, if the Town changes the plans for the Barnett Channel project in a manner which materially increases the size of the required bridges and the corresponding cost, then the Town shall pay the portion of the cost of such second bridge which reflects the increase over the projected cost based on the plans for the Barnett Channel project on the date hereof. If relocation of fiber optic lines on the UPRR right of way at this location is required as part of the installation of the UPRR second main track, then UPRR shall complete the relocation per existing UPRR agreements with third parties in a manner which will accommodate the plans for the Barnett Channel project. Provided, however, if relocation of the fiber optic lines on the UPRR right of way at this location is not required as part of the installation of UPRR's second main track, but is required as part of the installation of the Barnett Channel, then UPRR shall cooperate with the need for such relocation, but the cost of such relocation required for the Barnett Channel project shall be paid by the Town. 2. Crossing Permits. Subject to the terms of this Agreement, UPRR shall cooperate and reasonably expedite UPRR's review and consideration of utility right of way crossing applications, whether or not located in public rights of way, for private crossings located in the Town. Provided, however, such applications must comply with UPRR's then-current utility right of way crossing requirements and standards. 3. Maintenance of Structures. UPRR shall cooperate with Town on necessary inspections and maintenance of the structures now existing or subsequently installed at the crossings listed on Exhibit A or otherwise contemplated herein, in accordance with UPRR's then-current Right of Entry Agreement form and any other agreements between the parties. 4. New Tangerine Road. UPRR shall cooperate with Town on Town's development of a grade separation for New Tangerine Road over the UPRR right of way, including reasonably expediting review and approval of plans, specifications and agreements submitted by the Town, each of which must comply with UPRR's then- current requirements and standards. Provided, however, UPRR acknowledges its approval of the current plans for this grade separation, which plans include piers supporting the New Tangerine Road overpass located in the UPRR right of way. UPRR shall also support the Town's application to the Arizona Corporation Commission ("ACC") for the proposed grade separation project. Provided, however, the Town agrees that UPRR shall not be required to contribute any funding to the New Tangerine Road grade separation project unless the project includes the closure of an existing public at- EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 213 of 266 2 grade crossing somewhere in the Town. If the New Tangerine Road grade separation project includes the closure of an existing public at-grade crossing somewhere in the Town, and the Town receives federal funding for such grade separation project, then UPRR shall be liable for a five percent (5%) share of the cost of the theoretical structure under the provisions of the Federal Aid Policy Guide as contained in 23 CFR 646, .Subpart B, Section 646.210(b)(1). Provided, if the Town does not receive federal funding for this grade separation project (and the grade separation project includes the closure of an existing public at-grade crossing), then UPRR's share of the cost of such theoretical structure shall be ten percent (10%). 5. Future Grade Separation Proiects. UPRR shall, at the appropriate time, negotiate with Town in good faith the timing of UPRR's funding of its share of the cost of such theoretical structure for grade separation projects for the following locations: Marana Road Overpass at RR MP 961.33 Moore Road Overpass at RR MP [tbd] Avra Valley Road Overpass at RR MP [tbd] Twin Peaks Road Overpass at RR MP 970.18 Cortaro Road Overpass at RR MP 972.01 Ina Road Overpass at RR MP 974.03. For each of these grade separations, the share of the cost which UPRR would be required to contribute would be ten percent (10%) for projects with no federal funding and five percent (5%) for such projects with federal funding, in each case as a percent of theoretical structure under the provisions of the Federal Aid Policy Guide as contained in 23 CFR 646, Subpart B, Section 646.210(b)(1), and in each case solely to the extent the grade separation project results in the closure of an existing public at-grade crossing. In each case, the share of the cost indicated as payable by UPRR is the maximum share of such cost which UPRR would be required to contribute. Except as provided in Section 6 below, in no event shall UPRR be required to contribute to any funding of a grade separation structure for which there is not a corresponding closure of an existing public at-grade crossing. The design plans for all grade separation projects shall comply with UPRR's then-current requirements and standards, including the requirement that the grade separation clear span the entire UPRR right of way, with no supporting piers or abutments in the UPRR right of way, unless UPRR agrees otherwise. For these grade separation projects to be eligible for the specifics of this section, they must begin while this agreement is effective. For the purposes of this agreement, begin is defined as a point in which a consultant is actively under contract for the design of construction documents, whether by the Town or another entity. 6. Tortolita Boulevard Grade Separation Project. Notwithstanding any language to the contrary in Section 5 above, UPRR shall contribute .its five percent (5%) or ten percent (10%) share of the cost of the theoretical structure for the Town's Tortolita Boulevard grade separation project at RR MP 959.43, even though such project shall not result in the closure of an at-grade public crossing. As with other grade separation EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 214 of 266 projects noted above, UPRR's share shall be ten percent (10%) if no federal funding is obtained by the Town, or five percent (5%) if federal funding is obtained. 7. Subsequent Utility Relocations. UPRR shall communicate with Town regarding UPRR's second main track project so the Town shall have an opportunity to request that UPRR plan the relocation of any utilities in connection with the second main track project to depths which would accommodate future projects planned by the Town. TOWN OBLIGATIONS 8. Town Projects in UPRR Right of Way. In connection with all Town projects on UPRR right of way, Town shall execute UPRR's then-current form of Construction and Maintenance Agreement, License Agreement or Right of Entry Agreement, as applicable, in connection with such projects, including any grade separation projects for the crossings listed on Exhibit A or otherwise contemplated herein. Additionally, UPRR and Town anticipate that, for each of the particular projects contemplated in this Agreement, UPRR and Town shall enter into a more detailed agreement for each such particular project at the time the Town moves forward with such particular project, in each case consistent with the provisions set forth herein. 9. UPRR Second Main Track Project Cooperation. (a) Town shall support UPRR's second main track project, including specifically supporting and approving construction of the second main track over and across each grade crossing listed on Exhibit A. Town shall provide one or more letters to or filings with the ACC advising the ACC that Town supports and approves UPRR's project applications for construction of a second main track across all public grade crossings within the jurisdiction of Town. If appropriate, Town will endeavor to appear at ACC hearings and public meetings to advise the ACC that it supports and approves UPRR's applications to the ACC for authority to alter the subject grade crossings by installing a second main track at grade. (b) UPRR shall file this Agreement (when effective) with the ACC in support of each application it files for an additional main track over and across a public grade crossing listed on Exhibit A. Town agrees to provide statements confirming the effectiveness of this Agreement if so requested by the ACC or UPRR. 10. Permits. Upon request by UPRR, Town shall reasonably expedite review and approval of any permit applications by UPRR for its second main track project within the Town's jurisdiction, including promptly reviewing and approving any UPRR flood plain permit applications. EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 215 of 266 4 OTHER 11. Omen Communication. UPRR and Town shall use reasonable efforts to maintain open communications regarding their plans for subsequent expansion projects in the Town which materially impact their respective interests. 12. Effectiveness and Termination of Agreement. (a) This Agreement shall be effective when signed by the parties hereto. The date of this Agreement shall be the date on which the last party signs it. Subject to Section 12(b) below, this Agreement shall extend for one term of fifteen (15) years, and within six (6) months prior or subsequent to the end of such fifteen (15) year term, either party hereto shall have the right to extend this Agreement for one additional ten (10) year period by sending written notice of such extension to the other party. (b) UPRR may unilaterally terminate this Agreement without penalty or obligation to Town if the ACC rejects or disapproves, or attaches substantial adverse conditions to, any UPRR second main track project grade crossing alteration applications regarding public grade crossings within Town's jurisdiction as listed on Exhibit A, such as ordering a grade separation funded by UPRR at any public grade crossing within Town's jurisdiction as listed on Exhibit A in response to a UPRR application to construct an additional main track at grade over and across such crossing, unless such order contains terms which are substantially the same in form and substance as the terms of this Agreement. 13. Miscellaneous Provisions. (a) This Agreement constitutes the entire agreement between UPRR and Town relating to this transaction. All prior or contemporaneous agreements, understandings, representations or statements, whether oral or written, relating to this transaction are merged herein. The headings and titles to provisions in this Agreement are for convenience only, and shall not be deemed to modify or affect the rights or duties of UPRR or Town. All rights and obligations of UPRR and Town set forth in this Agreement are integral parts of this Agreement. The consideration inducing UPRR and Town to enter into this Agreement includes all of the commitments by UPRR to Town, and by Town to UP1ZR, as set forth in this Agreement. The terms of this Agreement have been arrived at after considerable arms length negotiation and mutual review of the parties, and the parties agree that none of the provisions herein shall be deemed or presumed to be construed against either party, regardless of which party drafted all or part of the terms of this Agreement. (b) Except as specifically set forth in this Agreement, none of the parties hereto waives, releases or relinquishes any rights any such party may have with respect to construction of railroad trackage or facilities or with respect to grade separation or grade crossing projects in the State of Arizona. EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 216 of 266 5 (c) No modifications to this Agreement shall be effective unless in writing signed by all parties hereto. (d) This Agreement shall be governed by Arizona law. (e) Time is of the essence of this Agreement. (f) If any term, covenant or provision of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be illegal, invalid or unenforceable, then, in such event, the remainder of this Agreement or the application of such terms, covenants and provisions hereof shall remain valid and enforceable to the fullest extent permitted by law. Furthermore, any such invalidity or unenforceability of a term, covenant or provision of this Agreement shall not be deemed to affect the validity or effectiveness of the remaining terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below. TOWN OF MARANA, ARIZONA UNION PACIFIC RAILROAD COMPANY By:_ Title: By:_ Title: Attest: Date: Attest: Date: EXHIBIT A Regular Council Meeting -May 21, 2009 -Page 217 of 266 EXHIBIT A Marana Road at RR MP 961.33 Tangerine Road at RR MP 965.69 Camino De Manana at RR MP 970.42 Cortaro Farms Road at RR MP 972.01 Massingale Road at RR MP 973.36 Ina Road at RR MP 974.03 Joiner Road at RR MP 975.6 Regular Council Meeting -May 21, 2009 -Page 218 of 266 {00012829.DOC /} 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Progress and Innovation Subject: Ordinance No. 2009.08: Relating to Transaction Privilege Tax; amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date Discussion: In accordance with the Town Code, the Town of Marana's transient occupancy tax, also known as "transient lodging tax" or simply "bed tax," is applied to the "gross income from the business activity of any hotel engaging or continuing within the Town in the business of charging for lodging and/or lodging ~~ space furnished to any transient. The bed tax does not apply to commerc>al or residential rentals, but rather any hotel/motel or other lodging property which rents rooms for temporary occupancy. Most bed tax revenues originate from non-residents (generally tourists or other travelers). The Town of Marana's bed tax rate is presently set at 3.0%, which is half or less than those charged by neighboring municipalities. Pima County (unincorporated areas only) and the Town of Oro Valley each charge a rate of 6.0% for their respective bed taxes, while the City of Tucson charges a rate of 6.0% plus a flat fee of $1.00 per room, per night. The Mayor and Council received a presentation on this proposed ordinance at its May 12, 2009 study session and recommended that it be brought back for consideration at tonight's meeting. Following adoption of this change to the bed tax rate, the Town is required to provide sixty days notice to the Arizona Department of Revenue (ADOR), who collects and remits this revenue on the Town's behalf. Staff is working with ADOR to determine if collections can begin as early as July 3, 2009, rather than July 21, 2009. In addition, staff is partnering with the Marana Chamber of Commerce to hold educational workshops for affected businesses so that they will have adequate notice to effect any software changes and personnel training. Direct notification of the bed tax rate adjustment will also be sent via letter to all affected businesses. Financial Impact: An increase in the bed tax rate was included as one of the revenue enhancements contained in the Level 1 (green) budget modifications presented to the Mayor and Council on Apri128, 2009. The modifications in all three levels were recommended by staff to close a $5.2 million budget gap in FY 2010. The bed tax rate increase is estimated to result in an additional $500,000 in revenue next fiscal year. ATTACHMENTS: Regular Council Meeting -May 21, 2009 -Page 219 of 266 Name: Description: Type: ~ Trans...action Privilege Tax Ordinance {00014635),_DOC Red Tax Ordinance Ordinance Staff Recommendation: Staff recommends approval of the ordinance. Commission Recommendation - if applicable: The Town of Marana Business & Economic Development Citizen Advisory Commission (BEDCAC) considered this item at its April 21, 2009 regular meeting and recommended approval. Suggested Motion: I move to adopt Ordinance No. 2009.08, amending the Tax Code of the Town of Marana by increasing the tax rate on transient lodging by three percent; and establishing an effective date. Regular Council Meeting -May 21, 2009 -Page 220 of 266 MARANA ORDINANCE N0.2009.08 RELATING TO TRANSACTION PRIVILEGE TAX; AMENDING THE TAX CODE OF THE TOWN OF MARANA BY INCREASING THE TAX RATE ON TRANSIENT LODGING BY THREE PERCENT; AND ESTABLISHING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA AS FOLLOWS: SECTION 1. The tax rate in Section 8-447 ("Rental, leasing, and licensing for use of real property: additional tax upon transient lodging") of the Tax Code of the Town of Marana is increased from 3% to 6%. SECTION 2. Any person found guilty of violating any provision of this amendment to the Tax Code shall be guilty of a Class 1 misdemeanor. Each day that a violation continues shall be a separate offense. SECTION 3. All ordinances, resolutions, motions, or parts of ordinances, resolutions or motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 4. A decision of any court of competent jurisdiction finding any section, sub- section, sentence, clause, phrase or a portion of this Ordinance for any reason invalid or unconsti- tutional shall not affect the validity of the remaining portions of this Ordinance. SECTION 5. This Ordinance shall become effective on July 3, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 221 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-76: Relating to Budget; approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency Discussion: The purpose of this item is to obtain the Town Council's approval of the methodology the Town Manager and staff will use to implement "organizational restructuring," as a Leve13 budget modification to be included in the Manager's recommended FY 2010 Budget. The Council will consider this budget for tentative adoption on June 2, 2009. The policy direction provided by this methodology will serve as the foundation for the Manager's restructuring recommendations. Since July of 2008, staff has made spending adjustments due to the dramatic changes in the Town's revenue sources created by the world-wide financial crisis and the even deeper housing crisis in Arizona. A reorganization of senior management staff was initiated in July 2008 which produced some initial savings. Following that, budget updates to the Council were provided in October 2008, December 2008, February 2009, March 2009 and Apri12009. Beginning in December 2008, the Town began to hold positions vacant wherever possible. Each update has resonated with the theme that there has been, and continues to be, a significant impact from the recession on the Town's collection of its three primary revenue sources: Transaction Privilege Taxes (TPT), which are fueled by retail sales tax and construction sales tax, State Shared Revenues, and Licenses, Fees and Permits. Together these revenues comprise approximately 91 percent of the Town's total revenue. The most recent FY 2009 year-to-date information shows that actual revenues are down year-over-year by 17 percent. In addition, Single Family Residential Building Permits issued (an indicator for license and permit revenues) have dropped from a high of 1,832 in FY 2005 to a projected 155 in FY 2009. Single Family Residential Building Permits issued are projected at 70 for the entire FY 2010. Added to this mix is the looming state budget deficit and the unknown impacts that legislative decisions may have on unfunded mandates and state revenue-sharing with counties, cities and towns. To address this new reality of significantly reduced revenues plus slower than expected growth over the longer term, the organizational structure of the Town must adapt to reflect lower and slower increases in new residents using all manner of Town services. This includes scrutiny of increases to staffing and management levels that were previously implemented not only in departments with a high volume of development-related work, but also in departments that grew in anticipation of providing direct services to Marana's rapidly growing population. While across-the-board reductions are one option, staff has Regular Council Meeting -May 21, 2009 -Page 222 of 266 recommended that restructuring be done instead to more systematically address the Council's FY 2010 budget goals. These goals were first discussed by the Council on March 24,.2009 and again on Apri128, 2009 and include: 1. Maintain critical operations (public safety, infrastructure) 2. Minimize impact to personnel 3. Position the Town for quick economic recovery 4. Align decisions with the strategic plan 5. Align ongoing expenditures with ongoing revenues The primary vehicle for achieving these goals is the budget modification model first presented to the Council on March 24, 2009. The model outlined three levels of modifications ranging on a continuum from those that have less impact on personnel and services (Level 1-green) to those that have the most impact on personnel and services (Leve13 -red). Thus far, these tools have been applied in the development of the FY 2010 budget to close a $5.2 million budget gap to a $1.5 million gap for FY 2010. Organizational restructuring was identified as one of the Leve13 tools, the Level which, by definition, has the most impact on staff and services. The methodology the Council is being asked to approve this evening, while directly impacting personnel, is intended to achieve operational efficiencies while affording little or no impact on direct services that citizens receive. The methodology contained in Exhibit "A" to the resolution outlines the seven criteria the Town Manager will apply in evaluating restructuring options. They include: Preserve Core Services, Maximize Span of Control, Eliminate Duplication, Improve Coordination, Evaluate Workload, Position for the Future, and Align with the Strategic Plan. Consistent with the budget modification model presented to the Council, the Town Manager will prepare a budget incorporating the following steps to address FY 2010 budget shortfalls: 1. Include all savings/new revenues from Level 1 (green) budget modifications which include fee schedule adjustments, Transient Occupancy Tax revenue changes, reallocation of appropriate resources to the Highway User's Revenue Fund (RUBE), reallocation of appropriate resources to Capital Improvement Projects, employee benefit plan savings and increased Transaction Privilege Tax collection and compliance. 2. Include all savings/new revenues from Leve12 (yellow) budget modifications which include additional reductions to departmental budgets in travel, training and memberships, renegotiationslrebidding of contracts, additional cost-sharing of health benefits with employees, reductions in the tuition reimbursement program, reductions in the employee housing assistance program, and scaled-back special events. 3. Include all savings from Leve13 (red) voluntary reductions which include the Voluntary Reduction in Pay Program (VRIP), the Separation Incentive Program (SIP) and the voluntary donation program. 4. Include all savings from Leve13 Restructuring, by reengineering the organization so it operates in an environment of reduced revenues, lower growth projections and accompanying reduced demands for services, while remaining responsive to the FY 2010 budget goals. The Town Manager's budget transmittal letter will outline the restructuring that is being recommended based on the methodology approved by the Council this evening. If any classified employees are affected by the restructuring they may be laid off and/or appointed to a WRAP assignment. Classified employees who are laid off would be subject to the Layoff and Recall policies approved by the Council on May 5, 2009 and would be eligible for the Transition Package also approved on May 5. Any unclassified employees affected by the restructuring would be terminated and the Town Manager may elect to negotiate a severance package for those individuals, subject to the Council's approval. Financial Impact: The Leve13 mandatory reduction tools are estimated to address a remaining budget shortfall in FY 2010 of $1.0 to $1.5 million, depending upon the degree of voluntary measures taken by employees. The remaining amount of budget shortfall will not be known until calculations can be completed after the close of the election period for voluntary programs on May 19, 2009. Regular Council Meeting -May 21, 2009 -Page 223 of 266 ATTACHMENTS: Name: Description: Type: ^ Reso re Methodology- Process for restructuring Resolution Resolution (00014705).DOC ^ Exhbt_A._Methodolo~! for restructuring-reorg__{0001.4700- Exhibit A Exhibit 2~DOC Staff Recommendation: Staff recommends Council approval of the Resolution attached to this item, authorizing the Town Manager to use the methodology outlined in Exhibit A to the Resolution for implementing Level 3 - budget modifications for restructuring. Suggested Motion: I move to approve Resolution 2009-76, approving and authorizing the Town Manager to use a methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010; and declaring an emergency. Regular Council Meeting -May 21, 2009 -Page 224 of 266 MARANA RESOLUTION N0.2009-76 RELATING TO BUDGET; APPROVING AND AUTHORIZING THE TOWN MANAGER TO U5E A METHODOLOGY TO IDENTIFY OPTIONS FOR ORGANIZATIONAL RESTRUCTURING AS A BUDGET MODIFICATION METHOD FOR FISCAL YEAR 2010; AND DECLARING AN EMERGENCY WHEREAS the Town Manager is required under Section 3-2-1(G)(5) of the Marana Town Code to submit a preliminary budget to the Town Council each year; and WHEREAS the Town Manager is required under Section 3-2-1(G)(12) of the Marana Town Code to study the duties, responsibilities and work of the personnel of the Town and to recommend to the Town Council the abolition or consolidation of positions or the transfer or removal of personnel whenever the Town Manager determines that such action would increase the efficiency of the administration of the Town government; and WHEREAS the Town Council finds that authorizing the Town Manager to use the methodology described in Exhibit A to identify potential organizational restructuring as a budget modification method for fiscal year 2010 is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the methodology to identify options for organizational restructuring as a budget modification method for fiscal year 2010 as described in Exhibit A, attached to and incorporated by this reference in this resolution. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the methodology described in Exhibit A. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 21St day of May, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 225 of 266 EXFIIBIT "A" METHODOLOGY FOR LEVEL 3 BUDGET MODIFICATION TOOLS - MANDATORY REDUCTIONS -ORGANIZATIONAL RESTRUCTURING In an effort to address the budget challenges facing the Town in FY 2010 and beyond due to the international financial crisis, the Town of Marana has undertaken athree-phase approach to modifying the budget in order to transmit a FY 2010 budget for the Council's consideration that is balanced between available revenues and available expenditures. The third phase involves voluntary and mandatory reductions to employee pay. The following methodology shall be used by the Town Manager to identify potential opportunities for organizational restructuring as a part of the Level 3 Budget Modifications -Mandatory Reductions. The Town Manager shall use the following methodology to identify departments and/or work units for restructuring: I, Preserve Core Services -Minimize or avoid restructuring options that would result in the elimination of a position that directly provides a program or service to the public, i.e. "front-line" positions. 2. Maximize Span of Control -Utilize restructuring options when more efficient use of supervisory staff can be achieved. Span of control refers to the number of subordinates that can be effectively managed by a supervisor in directing daily work activities. 3. Eliminate Duplication -Identify restructuring opportunities where duplication in work effort for the same or similar activities can be achieved both within and across departmental lines. 4. Improve Coordination -Identify restructuring opportunities to consolidate and coordinate services and support functions within and across departmental lines in order to achieve efficiencies in operations. 5. Evaluate Workload -Identify areas that have incurred both reductions and/or increases in workload and align restructuring efforts to accommodate bath circumstances. 6. Position for the Future -The Town's current organizational structure was designed for a much greater and more rapid growth rate. With the dramatic slow-down in both the amount of growth and the rate of growth, restructuring options must consider this lower growth over the next one to five years. Community response and customer service must remain paramount concerns in the restructuring along with the flexibility to augment the organizational structure as growth occurs, or occurs more rapidly than anticipated. 7. Strategic Plan -Consider key strategic plan objectives in the five focus areas (Commerce, Community Building, Recreation, Heritage, Progress and Innovation) in the course of evaluating restructuring options. The Town Manager's budget transmittal letter will discuss the restructuring options included in the proposed FY 2010 budget. Regular Council Meeting -May 21, 2009 -Page 226 of 266 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Community Building Item A 6 Subject: Resolution No. 2009-79: Relating to Water; approving and authorizing the Mayor to execute a Purchase, Settlement and Termination Agreement with the Cortaro-Marana Irrigation District and the Cortaro Water Users' Association; and declaring an emergency Discussion: Town of Marana staff has been in settlement discussions with Cortaro-Marana Irrigation District (CHID) and the Cortaro Water Users' Association (CWUA) for many months, to address pending claims and issues relating to the 1997 Intergovernmental Agreement among the Town, CHID and CWUA. The proposed settlement agreement presented with this item would settle all pending claims arising out of the 1997 IGA, and would transfer to the Town all of CMID's interest in seven wells which the Town needs for its potable water delivery operation. The Agreement requires the Town to pay CHID and CWUA a total of $1,510,000, $10,000 of which is for the Town's possession of the wells while the parties have been negotiating the settlement, and $1,500,000 of which is to settle the claims and to purchase the seven wells. The $10,000 will be paid at closing, which is scheduled to occur on or before July 10, 2009, and the remaining $1,500,000 will be paid in monthly installments beginning July 1, 2010, and continuing for nine years thereafter. Interest on the $1,500,000 will begin to accrue as soon as the settlement agreement is finalized. If the Town Council approves the Agreement at tonight's meeting and if the Boards of Directors of CHID and CWUA approve it at a special meeting which is anticipated to occur on May 22, interest will accrue from May 22, 2009 until the balance is paid. The settlement agreement provides for interest to accrue on the $1,500,000 at a negotiated interest rate of 5%. Based on preliminary discussions with the Town's financial advisor, the Town believes that it can obtain financing through the Water Infrastructure Financing Authority or through the sale of water revenue bonds at a rate of just over 3%. Because of the potential interest savings, Town staff anticipates that the Town will simply refinance this debt and will pay off the $1,500,000, with interest, before the first monthly payment is due on July 1, 2010. Town staff would be happy to discuss the details of the settlement agreement either in open session or in an executive session, if the Council chooses to hold one relating to this settlement agreement. Financial Impact: If approved, this item will obligate the Town to pay a total of $1,510,000, $10,000 of which would be paid at closing on or before July 10, 2009, and the balance of which will accrue interest at 5% and is Regular Council Meeting -May 21, 2009 -Page 227 of 266 payable in monthly installments beginning July 1, 2010. ATTACHMENTS: Name: Description: Type: ^ Reso CMID P_u_rchase, Settlement Termination Reso approving CMID CWUA agreement Resolution Agreement {OOQ14842)DOC ^ EXHIBIT A -CMID Purchase Settlement Agmt 05-20-09 Exh A to Reso: CMID CWUA Agreement Exhibit ~Final~j2l.doc ^ CMID Settlement Promissory Exh R to Agreement: Promissory Note Exhibit Note 05-20-09.doc ^ SECURITY AG (Utility Dept Revenues).DOC_ Exh B to Agreement: Security Agreement Exhibit ^ CMID CWUA SECURITY . AG EXH A X0001.4850 .DOC - - - .L.- Exh A to Security Ag Exhibit ^28 2 QUIT CL.AIM DEED 2 __ _ _ QUIT CLAIM DEED.doc Exh C to Agreement: Sandario Well QCD Exhibit ^ 22.1 QUIT CLAIM DEED,1 QUIT CLAIM DEED.doc Exh D to Agreement: Amole Well QCD Exhibit ^ 8 1 QUIT CLA LM DEED.1 _ _ , QUIT CLAIM__DEED.d..oc Exh E to Agreement: Falstaff Well QGD Exhibit ^ 17P1 QUIT CLAIM DEED.doc Exh F to Agreement: La Puerto Well QCD Exhibit ^ 17P2 QUIT CLAIM . DEED_doc Exh G to Agreement: Old La Puerto Well QCD Exhibit ^ 2 5K1-2 QUIT CLAIM . _ _ DEED.doc Exh H to Agreement: Lennar and Oshrin Wells QCD Exhibit CWUA Agreement ^ CMID _ _ Exhibit 1 (00014849).DOC Exh I to Agreement Exhibit ^ CMID Escrow Inst ructigns _ _ (00014326-2).DOC Exh J to Agreement: Escrow Instructions Exhibit Staff Recommendation: Town staff recommends approval of Resolution No. 2009-79. Suggested Motion: I move to approve Resolution No. 2009-79, approving and authorizing the Mayor to execute the Purchase, Settlement, and Termination Agreement with CMID and CWUA. Regular Council Meeting -May 21, 2009 -Page 228 of 266 MARANA RESOLUTION N0.2009-79 RELATING TO WATER; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE, SETTLEMENT AND TERMINATION AGREEMENT WITH THE CORTARO-MARANA IRRIGATION DISTRICT AND THE CORTARO WATER USER5' ASSOCIATION; AND DECLARING AN EMERGENCY NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Purchase, Settlement and Termination Agreement between the Town of Marana, the Cortaro-Marana Irrigation District, and the Cortaro Water Users' Association attached to and incorporated by this reference and this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it and all other documents related to it on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town of Marana staff is hereby authorized to undertake all other actions necessary to carry out the terms of the agreement. BE IT FURTHER RESOLVED that it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, so an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of May, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 229 of 266 PURCHASE, SETTLEMENT AND TERMINATION AGREEMENT BETWEEN THE TOWN OF MARANA, THE CORTARO-MARANA IRRIGATION DISTRICT, AND THE CORTARO WATER USERS' ASSOCIATION THIS PURCHASE, SETTLEMENT AND TERMINATION AGREEMENT (this "Agreement") is entered into by and between the TowN of MARANA, an Arizona municipal corporation (the "Town"), the CORTARO-MARANA IRRIGATION DISTRICT, a political subdivision of the State of Arizona ("CHID"), and the CORTARO WATER USERS' ASSOCIATION, an Arizona nonprofit corporation (the "Association"). CHID and the Association are sometimes collectively referred to in this Agreement as the "District." The Town, CHID, and the Association are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. The Parties entered into an intergovernmental agreement dated September 16, 1997, and recorded September 25, 1997, at Docket 10638, page 2558, Pima County Recorder's Office (the "Original IGA"). B. The Parties entered into Mutual Cancellation of Intergovernmental Agreement and Transition Agreement dated December ~ 6, 2008 and recorded January 22, 2009 at Docket 13479, Page 224, Pima County Recorder's Office ("the Cancellation Agreement"), cancelling the Original IGA and providing the Town an opportunity to purchase certain wells from the District. C. New disputes have arisen among the Parties regarding the interpretation of provisions of the Cancellation Agreement, and each of the Parties has alleged breaches by the other. D. To acquire certain wells from CHID, to resolve all pending disputes among the Parties relating to the Original IGA and the Cancellation Agreement, without resorting to judicial proceedings, and to terminate both the Original IGA and Cancellation Agreement the Parties have reached this Agreement. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by this reference, and in consideration of the mutual promises made in this Agreement, the Parties agree as follows: EXHIBIT A -1- Regular Council Meeting -May 21, 2009 -Page 230 of 266 1. Payment by the Town. The Town shall pay to CMID: 1.1 One Million Five Hundred Thousand Dollars ($1,500,000), at the fixed interest rate of Five (5%) percent compounded monthly accruing from the Effective Date (as defined below), and payable in 108 monthly payments on the 1st of each month beginning on July 1, 2010 and ending on June 1, 2019. The Town may at any time pay off the remaining principal balance and then-accrued interest without prepayment penalty. 1.2 The payment obligation is evidenced by the Promissory Note a copy of which is attached to and incorporated in this Agreement as Exhibit A and the original of which is delivered to the District, and secured by the revenues generated by water sales by the Town of Marana Utilities Department as reflected in the Security Agreement Trust a copy of which is attached to and incorporated in this Agreement as Exhibit B .and the original of which is delivered to the District. 1.3 Annual payments are due on July 1 and delinquent if not paid on the due date. If the payment is not received by the District by July 10, a late fee of $275.00 shall also be due and payable. The District shall act as its own collection agent. 1.4 Failure to timely pay shall be a default which if not cured shall be a breach and delinquent payments and unpaid late fees shall accrue interest at the rate of 1.5 % per month until paid. 2. District transfer of wells and well sites to the Town. The District shall transfer, sell and assign by Quit Claim Deeds, in the form as attached hereto and incorporated herein as Exhibits C - H, any and all of its rights, title or interests in or to the legal or equitable title to wells, well sites, and all appurtenant improvements and property rights (excluding any water rights held by District), including the District's easements over, under, across and within the Property necessary for the Town's beneficial use thereof as domestic water wells, all of which. are collectively referred to in this Agreement as "Property": 2.1 Well No. 28.2, ADWR No. 55-604844, and its well site, located at 13481 North Sandario Road, Pima County Assessor's Parcel No. ("APN") 217-40-0010 (the "Sandario Well"). 2.2 Well No. 22.1, ADWR No. 55-604839, and its well site, located at 13910 North Amole Circle, APN 217-28-0020 (the "Amole Well"). 2.3 Well No. 8.1, ADWR No. 55-604845, and its well site, located at 7948 West Avra Valley Road, (this well site is located on APN 226-01-0290, but the well site location as coded in the Assessor's records is at APN 226-01-0300) (the "Falstaff Well"). 2.4 Well No. 17-P1, ADWR No. 55-604832, and its well site, located the end of Linda Vista east of Bross Road, APN 226-03-002A (the "La Puerta Well"). 2.5 Well No. 17-P2, ADWR No.55-604840, and its well site, showing a site address of 9651 North La Entrada, APN 226-OS-149B (the "Old La Puerta Wellsite"). Regular Council Meeting -May 21, 2009 -Page 231 of 266 EXHIBIT A -2- 2.6 Well No. 25-K1, ADWR No. 55-604823, and its well site, located 260 feet southwest of Willow View Drive, APN 221-15-0220 (the "Lennar Well"). 2.7 Well No. 25-K2, ADWR No. 55-604846, and its well site, located on the same site as the Lennar Well, on APN 221-15-0220 (the "Oshrin Well"). 3. Ingress, Egress and Utility Access to the Property. Town shall be responsible for acquiring any and all ingress, egress and utility access necessary for its beneficial use of the Property except for that, if any, set forth on Exhibit I attached hereto and incorporated herein, which is held by the District and shall be transferred by the District to the Town pursuant to Quit Claim Deed in the same form as set forth in Exhibits C - H without additional compensation from the Town to the District. 4. Mutual settlement and release of all claims. This Agreement settles and releases all claims whatsoever between and among the Parties relating in any way to the Original IGA or to the Cancellation Agreement or to the rights to the wells addressed in this Agreement, including without limitation, settlement and release of any payments claimed by either Party relating to the purchase of water or hydropower, and including without limitation all matters set forth in the claim filed by the District against the Town dated November 14, 2008 in the amount of $3,353,963.28, and the claim by the Town against the District dated March 23, 2009 in the amount of $902,887. 5. Ongoing matters not covered by this Agreement. This Agreement does not address any claim or cause of action that arises on any basis other than the Original IGA or the Cancellation Agreement. 6. Town's right of first refusal. Prior to the District offering any CMID well for sale to a third party, the District will give the Town no less than 30 days notice in writing delivered to the Town within which to inspect and make and deliver to the District in writing an offer to purchase the well open to acceptance for not less than 60 days. Any offer made by the Town to purchase the well shall be kept confidential by the District. CMID shall not be obligated to accept the Town's offer, but shall not sell the well to a third party unless the dollar amount offered by the third party is at least 5% greater than that offered by the Town pursuant to this paragraph. 7. Cooperation with State and other agencies. At their own separate expense, the Parties shall cooperate in the Town's preparation and processing of all necessary paperwork with the Arizona Department of Water Resources and other agencies to assure that all wells addressed by this Agreement are properly registered in the name of the Town. 8. Well site legal descriptions. The legal descriptions included in Exhibits C - H reflect established well sites and wells and the legal descriptions of the Property as historically utilized by the Parties in the past. The Town at its expense shall be responsible for taking such steps as it deems reasonable to assure the physical location of each of the well sites that comprise the Property matches the legal description contained in Exhibits C - H. The Town, in its discretion, may provide at its own cost legal descriptions and depictions, stamped by a certified land surveyor, for any or all of the well sites that are addressed in paragraph 2 of this Agreement. The conveyance by the District of the Property is by Quit Claim Deed. In the event the survey description and the Exhibits C - H description cannot be reconciled to provide Town with insurable title to any portion of the Property, the District at its expense shall cooperate with and Regular Council Meeting -May 21, 2009 -Page 232 of 266 EXHIBIT A -3- assist the Town in securing insurable title under this paragraph including the expense of quieting title. The Town shall not institute a condemnation or quiet title proceeding regarding a Property well site unless it has provided the District with not less than 45 days written notice of its intent to do so. 9. No salvage. The District shall not salvage or remove any fixtures, improvements, or any portion of the Property from the date of this Agreement until closing unless: a) the Town provides its written consent thereto, or b) it is necessary to preserve the public health and safety or c) it is necessary to comply with an order, rule, regulation or law. 10. The 50 GPM Deed Reservation. The Parties agree that the 50 GPM Deed Reservation set forth in that certain deed dated December 31, 1946, and recorded at Docket 314, page 445, Pima County Recorder's Office, as well as in the Association's Articles and Bylaws, shall not be enforced to limit the pumping capacity of wells owned and operated by the Parties, but that the Parties shall defend the 50 GPM Deed Reservation against third parties. 11. Exportation of water. The Parties agree that amounts of water produced by the Town within the jurisdictional boundaries of District and exported outside the jurisdictional boundaries of the District on an annual basis shall be replenished in accordance with all applicable laws, rules and regulations. 12. New wells. Prior to entering into any contract to purchase or drill a new well within one mile of an existing District well, the Town shall supply District with a copy of the Arizona Department of Water Resources permit application and supporting documentation and the District shall be provided 90 days to deliver to Town a written District offer to sell the Town an existing District well and site for purchase in an `as is' condition which District well and site meets or could be made to meet, at the expense of the Town, the well utilization criteria of the Town. The Town, at its sole discretion evidenced by an adopted resolution of the Town Council and provided in writing to the District, shall have the right and discretion to accept or reject a District offer of sale of a District well and site. If the Town does not purchase the District well. and site, the Town may purchase or drill a well in compliance with all applicable laws, rules and regulations. 13. Escrow and proration. Within five days after this Agreement is fully executed, the Parties shall deposit this Agreement with Title Security Agency of Arizona (the "Escrow Agent") and open an escrow for the recordation of the Quit Claim Deeds, the expense of which Escrow shall be paid by the Town. The Parties agree to the Escrow Instructions attached to and incorporated in this Agreement as Exhibit J. The Parties acknowledge that there are no rents, taxes or other assessments relating to the Property, all of which is and has at all relevant times been treated as government property of a political subdivision for taxing purposes, and the Parties acknowledge that there is therefore no need for tax or other expense proration relating to any of the Property addressed by this Agreement. 14. Closing costs. The Town shall pay all expenses incidental to transfer by Quit Claim Deed of title, including title reports, recording fees, escrow fees, and Owners Title Insurance Policy. The Town shall pay all reasonable costs and expenses in connection with insurable title issues associated with any mismatch between the physical location of each well site and the legal description as set forth in a certified survey obtained by the Town and the District at its expense shall assist the Town in acquiring insurable title in the event a mismatch between a Property Regular Council Meeting -May 21, 2009 -Page 233 of 266 EXHIBIT A -4- survey legal description and the District-provided legal description of a well site cannot be reconciled (see paragraph 8 above). 15. Possession and closing. Risk of loss and insurable risk and possession of the Property shall be given to the Town on the Effective Date of this Agreement. Close of Escrow and recording of the Quit Claim Deeds encompassing the Property, either as specified in Exhibits C - H or as modified in response to a certified survey secured by the Town pursuant to this Agreement, shall occur on July 10, 2009, when the Town has deposited the Possession Fee (see paragraph 15.1 below). The Town shall insure against the risk of loss and take all actions necessary to keep the Property in as good or better condition as it is from the time the Town takes possession until Close of Escrow. 15.1 In order to compensate the District for the Town's right of possession and use of the Property through the date of closing, the Town shall pay the District a Possession Fee in the amount of Ten Thousand Dollars ($10,000) (the "Possession Fee"). 16. Termination of the Original IGA and Cancellation Agreement. Any rights or obligations of the Parties as set forth in the Original IGA and the Cancellation Agreement are terminated and shall no further force and effect. The parties waive any claims for breach of the other party under either the Original IGA or the Cancellation Agreement. 17. Consent of the Town. Whenever this Agreement provides for consent or action by the Town, that action shall be taken by the Marana Town Council. 18. Action by the District. Whenever this Agreement calls for consent or action by CMID, it shall require a majority vote of the CMID Board of Directors. Whenever this Agreement calls for consent or action by the Association, it shall require a majority vote of the Association's Board of Directors. Not withstanding the foregoing, whenever this Agreement calls for consent or action by the District, it shall require a majority vote of each of the Boards of Directors of both CMID'and the Association. 19. Cancellation for conflict. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflicts of interest. 20. Recording. This Agreement shall be recorded with the Pima County Recorder's Office by and at the cost of the Town. 21. Notice. Unless otherwise provided for in this Agreement, any notice, demand or request provided for by this Agreement, or served, given or made in connection with it, shall be in writing and shall be deemed properly served, given or made when delivered in person, by facsimile, by a qualified and recognized delivery service (such as the United States Postal Service), or by any other means so long as there is written confirmation that it was sent prepaid and addressed as set forth below: CORTARO-MARANATRRIGATIONDISTRKT CORTARO WATER USERS ASSOCIATION 12253 West Grier Road Marana AZ 85653 Regular Council Meeting -May 21, 2009 -Page 234 of 266 EXHIBIT A -5- TOWN OF MAxANA 11555 W. Civic Center Drive, Bldg A-3 Marana AZ 85653 Either Party may at any time, by written notice to the other Party, change the designation or address of the person so specified as the one to receive notices pursuant to this Agreement. 22. Legal authority. The Parties agree each is relying on the legal and lawful authority of the Town and the District to perform their respective obligations under this Agreement. By executing this Agreement, the signatories represent and warrant they have been duly authorized to execute this Agreement on behalf of the Party for whom they sign and on that Party's behalf. 23. Governing law. This Agreement and the rights; duties and obligation of the Parties hereto shall be governed and construed in accordance with the substantive laws of the State of Arizona, including those of the Town and the District. 24. Legal jurisdiction. Nothing in this Agreement shall be considered as either limiting or extending the legal jurisdiction of either the Town or the District. 25. Time of the essence. Time is of the essence for each term, provision and condition of this Agreement. 26. Waiver. The waiver by either Party of any breach or default of any term, covenant or condition contained herein shall not be deemed a waiver of any other term, covenant or condition or any subsequent breach or default of the same or any other term, covenant or condition contained herein. 27. Successors and assigns; binding effect. All terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of all Parties hereto and their respective representatives, successors and assigns. 28. Construction. Paragraph headings and captions appearing in this Agreement are for convenient reference only and in no respect define, limit or describe the scope or intent of this Agreement, are the product of negotiation and the Parties acknowledge that they have been represented and advised by counsel who has participated in such negotiation and has reviewed documentation. None of such documents shall be construed against a Party solely by reason of the preparation of such documents by a Party's attorney. 29, Survival. This Agreement and all representations and warranties herein shall survive and not be merged in the execution and delivery of this Agreement. 30. Severability. Unenforceability of any provision of this Agreement shall not limit or impair the operation or validity of any other provision. 31. Entire agreement and counterparts. This Agreement, and the other documents contemplated hereby or described herein may be executed in counterparts (except the Promissory Note and Security Agreement, the originals of which shall be delivered to the District), and they accurately and completely reflect the mutual understanding of the Parties as to all matters addressed in this Agreement and there exist no other agreements or understandings, written or Regular Council Meeting -May 21, 2009 -Page 235 of 266 EXHIBIT A -6- oral, between the Parties and no expectations which are not specifically set forth herein or identified herein. 32. Enforcement. In the event of breach, the Party in default shall bear the costs of the Parties who are successful in enforcing this Agreement, including reasonable attorneys' fees. 33. Amendment and waiver. No amendment or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the Parties; and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 34. Additional documents and acts. The Parties shall execute, acknowledge, if applicable, and deliver such additional documents and do such other acts as may be reasonably required to fully implement the intent of this Agreement. 35. Use of compensation paid pursuant to this Agreement. It is intended the amount paid by the Town pursuant to this Agreement shall not be an element of value in any real property purchase by the Town, by the State, or by any other entity. 36. Effective date. This Agreement shall be effective on the date inserted in the following paragraph. [INTENTIONALLY LEFT BLANK] Regular Council Meeting -May 21, 2009 -Page 236 of 266 EXHIBIT A -7- IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 2009. TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk CORTARO-MARANA IRRIGATION DISTRICT, a political subdivision of the State of Arizona By Thomas Hum, President ATTEST: By Sidney B. Smith, Secretary day of CORTARO WATER USERS ASSOCIATION, an Arizona non-profit corporation By Daniel Post, President ATTEST: By Sidney B. Smith, Secretary This Agreement has been reviewed by the public agencies' attorneys, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Frank Cassidy, Marana Town Attorney CGSUS IID: CGSUS AFS:DISTRICTS:CMID:Marana Town of see also IGA:Town of Marana-IGA etc:Documents/IGA:052009 CMID Purchase Settlement Agmt.doc 185\39-1-2\documents\settlementdocuments\cmid purchase settlement agmnt OS-20-09 (final) Michael Curtis, Attorney for CMID Regular Council Meeting -May 21, 2009 -Page 237 of 266 EXHIBIT A -8- PROMISSORY NOTE Marana, Arizona $1,500,000 Date: On or before, June 1, 2019, for value received, the undersigned promisor, the Town of Marana, an Arizona municipal corporation ("Promisor"), promises to pay to the Cortaro-Marana Irrigation District, a political subdivision of the state of Arizona (the "Payee"), the sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), with interest on that amount accruing at the rate of Five percent (5%) compounded monthly accruing from May 22, 2009 until paid, payable in 108 monthly payments of $18,184.65 on the 1st of each month beginning on July 1, 2010 and ending on June 1,2019 payable to the Cortaro-Marana Irrigation District and delivered to Cortaro-Marana Irrigation District/Cortaro Water Users' Association, 12253 West Grier Road, Marana, Arizona, 85653. Any accrued but unpaid interest shall be added to the principal for the monthly compounding. The final payment shall be re-calculated to reflect the remaining unpaid principle, unpaid late fees and accrued and unpaid interest that is due and owing under the terms of this Promissory Note. If any payment due under this Promissory Note is not received by the Payee on or before the 10~' of the month it is due, the undersigned agrees to pay the Payee, in addition to the regular payment, a late charge of $275. Delinquent payments, and unpaid late fees shall accrue interest at the rate of 1.5 % per month until paid. Non-payment of any monthly payment within ten (10) days of the date on which the monthly payment has become dues shall constitute a material breach of this Promissory Note. Principal and interest on this Promissory Note is payable in lawful money of the United. States of America. This Promissory Note is secured by a Security Agreement and Assignment of Revenues. If Promisor defaults in the payment of principal and interest as described in this Promissory Note or in the performance of or compliance with any of the covenants or conditions of the Security Agreement and Assignment of Revenues securing this Promissory Note, the Payee or holder may, in addition to any other remedies it may have under law and equity, exercise their remedies under the Uniform Commercial Code and the Security Agreement and Assignment of Revenues. Any forbearance by the Payee in pursuing any remedies on account of Promissr'y breach of any provision of this Promissory Note or the accompanying Security Agreement and Assignment of Revenues shall not constitute a waiver of the breach or breaches. This Promissory Note may only be changed by an agreement in writing and signed by the party against whom enforcement of the change is sought. DO NOT DESTROY THIS NOTE: When paid, this note must be surrendered to Trustee for cancellation. Regular Council Meeting - May229q ~,(n~(n~ p ~{~q ~ Page 1 of 2 EXHTSl'1'9A T~~C-NTIIA/'1~OWN OF MAR_4NA SETTLEMENT AGREEMENT (5/20/09 PROMISOR TOWN OF MARANA, Arizona Ed Honea, Mayor STATE OF ARIZONA ss. County of Pima ATTEST: Jocelyn Bronson, Town Clerk The foregoing instrument was acknowledged before me this day of April, 2009, by Ed Honea, Mayor of the Town of Marana, on behalf of the Town. My commission expires: Notary Public CGSUS HD: CGSUS AFS:DISTRICTS:CMID:Mazana Town of see also IGA:Town of Mazana-IGA etc:Documents/IGA:052009 PromissoryNote Secured by Revenues.doc DO NOT DESTROY THIS NOTE: When paid, this note must be surrendered to Trustee for cancellation. Regular Council Meeting -May 21 ,n p q ~ Page 2 of 2 EXHffiA~A ~~~@~~'/TOWN OF M.aIRANA SETTLEMENT AGREEMENT (5/20/09 SECURITY AGREEMENT AND ASSIGNMENT OF REVENUES Date: May 22, 2009 Borrower: Town of Marana Whose Address Is: 11555 W. Civic Center Drive Marana, AZ 85653 Secured Party: Cortaro-Marana Irrigation District Whose Address Is: 12253 West Grier Road Marana, AZ 85653 WITNESSETH: WHEREAS, the Borrower desires to acquire certain wells from the Secured Party (identified hereafter in the Addendum) with financing being provided by the Secured Party, the terms of such financing being memorialized in Borrower's Promissory Note, which is incorporated herein by reference; and WHEREAS, the Borrower and Secured Party (collectively the "Parties") desire to execute this Security Agreement and Assignment of the Revenues, described below, for the consummation of the Settlement Agreement, separately executed by the Parties. THEREFORE, in consideration of the benefits accruing to the Borrower, the receipt and sufficiency of which are hereby acknowledged, the Parties make the following representations and warranties and hereby covenant and agree as follows: 1. OBLIGATIONS SECURED This Agreement is made for the benefit of the Secured Parry to secure the full and prompt payment, when due, of Borrower's obligations under the Promissory Note, incorporated by reference herein. The Collateral for this Agreement shall consist of Borrower's rights to those certain revenues from water sales by the Town of Marana Utilities Department ("Revenues"), of which Borrower is a recipient (the "Collateral"). 2. ASSIGNMENT OF REVENUES The Borrower hereby pledges, assigns and transfers to the Secured Party sufficient rights in the Revenues for the satisfaction of the obligations under this Agreement and the Promissory Note in the event Borrower defaults on any terms herein or in the Promissory Note and hereby grants to Secured Party a continuing security lien in the Borrower's rights to the Revenues. Regular Council Meeting -May 21, 2009 -Page 240 of 266 3. REPRESENTATIONS OF BORROWER: Borrower represents, warrants and covenants to Secured Party that: Borrower has not given any other interest in the Collateral, except to those entities identified and disclosed on Exhibit A hereto. Borrower shall defend the Collateral against all claims and demands of any parties or individuals seeking to apply the Collateral to the satisfaction of any claims of parties or individuals not identified on Exhibit A Borrower has the right and is duly authorized to grant this security interest and assignment of its rights in the Revenue, and to enter into and to perform its obligations under this Agreement. Borrower has not performed any acts or signed any agreements which might prevent Secured Party from enforcing the Borrower's assignment of the Revenues. Borrower will execute all documents and forms reasonably deemed necessary by Secured Party for the perfection of the security interest in the Collateral. 4. ACKNOWLEDGEMENT AND OTHER PAPERS Borrower shall take all actions and execute all papers required by this Agreement to facilitate the perfection of Secured Party's interest in the Revenues. 5. POWER OF ATTORNEY In the event of Borrower's default on the Promissory Note, Borrower hereby appoints the Secured Party as its attorney-in-fact to endorse Borrower's name on any instruments, where required, for the recovery of sufficient portion of the Revenues to satisfy the entire amount outstanding under the Promissory Note. 6. RIGHTS AND REMEDIES OF SECURED PARTY ON DEFAULT If there is a default under this Agreement or the Promissory Note, Secured Party shall be entitled to exercise one or more of the following remedies without notice or demand: a. To commence a judicial proceeding, suing on the note while simultaneously pursing recovery of the Collateral, with the right to elect its remedy; 7. NOTICES Any notice or other communication to be provided under this Agreement shall be sent to the parties at the addresses presented above in this Agreement. Regular Council Meeting -May 21, 2009 -Page 241 of 266 8. SEVERABILITY If any provision of this Agreement violates the law or is determined to be unenforceable the rest of the Agreement shall remain valid. 9. LITIGATION COSTS If Secured Party retains legal counsel for the purpose of collecting any portion of the amounts due under the Promissory Note or this Agreement, Borrower shall pay Secured Party's reasonable legal fees and costs. 10. REMEDIES CUMULATIVE All rights and remedies of Secured Party shall be cumulative and may be exercised individually or together and in any order. IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 22nd day of May, 2009. TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk CORTARO-MARANA IRRIGATION DISTRICT, apolitical subdivision of the State of Arizona By. [Print Name] Regular Council Meeting -May 21, 2009 -Page 242 of 266 ATTEST: By [Print Name] Its This Agreement has been reviewed by the public agencies' attorneys, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Frank Cassidy, Marana Town Attorney Michael A. Curtis, Attorney for CMID Regular Council Meeting -May 21, 2009 -Page 243 of 266 ADDENDUM Wells over which Borrower has maintenance responsibilities: Well No. 28.2, ADWR No. 55-604844, and its well site, located at 13481 North Sandario Road, Pima County Assessor's Parcel No. ("APN") 217-40-0010 (the "Sandario Well"). Well No. 22.1, ADWR No. SS-604839, and its well site, located at 13910 North Amole Circle, APN 217-28-0020 (the "Amole Well"). Well No. 8.1, ADWR No. 55-604845, and its well site, located at 7948 West Avra Valley Road, (this well site is located on APN 226-01-0290, but the well site location as coded in the Assessor's records is at APN 226-01-0300) (the "Falstaff Well"). Well No. 17-P1, ADWR No. 55-604832, and its well site, located the end of Linda Vista. east of Bross Road, APN 226-03-002A (the "La Puerta Well"). Well No. 17-P2, ADWR No.55-604840, and its well site, showing a site address of 9651 North La Entrada, APN 226-OS-149B (the "Old La Puerta Wellsite"). Well No. 25-K1, ADWR No. 55-604823, and its well .site, located 260 feet southwest of Willow View Drive, APN 221-15-0220 (the "Lennar Well"). Well No. 25-K2, ADWR No. 55-604846, and its well site, located on the same site as the Lennar Well, on APN 221-15-0220 (the "Oshrin Well"), ~ INITIALS _ C:\Program Files\Neevia.Com\Document Converter\temp\DefaultAgenda.1193.1.SECURITY AG (Utility Dept Revenues).DOC Regular Council Meeting -May 21, 2009 -Page 244 of 266 EXHIBIT A OTHER CREDITORS OF BORROWER WITH INTERESTS IN THE COLLATERAL INITIALS _ C:\Program Files\NeeviaCom\Document Converter\temp\DefaultAgendGa.1193.1.SECURITY AG (Utility Dept Revenues).DOC Regular Council Meeting -May 21, 2009 -Page 245 of 266 Exhibit A to Security Agreement 1. NONE. Regular Council Meeting -May 21, 2009 -Page 246 of 266 {00014850.DOC /} When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN OF MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 217-40-0010, Well No. 28.2, ADWR No. 55- 604844, Legal description, S 50' OF N 355' OF E110' OF NE4 NE4 LESS E 30' FOR RD .092 AC SEC. 28-11-11 (RD MAP: BK 2 PG 173)(10637/1928) (Formerly 202-16-004A) IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2009, by Daniel Post, Chairman of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 247 of 266 When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own .behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN OF MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 217-28-0020, Well No. 22.1, ADWR No. 55- 604839, Legal description, PCL 60' X 120' LYG 505.50' SE OF E 7 W QUARTER LINE & 260' NE OF NE BOUNDARY OF UPRR RM/ .20 AC SEC 22-11-11 (10637/1928) (FORMERLY 202-11-0020) IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) County of Pima The foregoing Post, Chairma Cortaro-Maran SS instrument was acknowledged before me on , 2009, by Daniel n of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the a Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 248 of 266 When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN OF MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 226-01-0300, Well No. 8.1, ADWR No. 55- 604845, Legal description, WELLSITE 60' X 70' IN SW4 NE4 OF SE4 .09 AC SEC 8-12-12 (Formerly 216-16-0300) (5639/739)(5866/1070) (5910/26) (6511 /423) (10637/1928) (13531 /340) IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2009, by Daniel Post, Chairman of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 249 of 266 When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN of MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 226-03-002A, Well No. 17P1, ADWR No. 55- 604832, Legal description, N 100' OF S 125' OF W 100' OF E 125' of SE4 SE 4 .23 AC SEC 17-12-12 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2009, by Daniel Post, Chairman of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 250 of 266 When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN OF MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 226-05-149B, Well No. 17P2, ADWR No. 55- 604840, Legal description, LA PURTA DEL NORTE N 100' W 100' LOT 147 SEC 17-12-12 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2009, by Daniel Post, Chairman of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 251 of 266 When Recorded Mail To: Town of Marana Legal Department 11555 W. Civic Center Dr. Marana AZ 85653 QUIT CLAIM DEED Exempt: A.R.S. § 11-1134(A)(3) For Ten Dollars and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, 12253 West Grier Road, Marana, Pima County, Arizona, on its own behalf and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997, does hereby quit claim to the TOWN OF MARANA, an Arizona municipal corporation, 11555 West Civic Center Drive, Marana, Pima County, Arizona, all of its interest, excluding any and all water rights it holds or controls, in and appurtenant to the following described real property situated in Pima County: Pima County parcel number, 221-15-0220, Well No. 25K1, ADWR No. 55- 604823, and Well No. 25K2, ADWR No. 55-604846, Legal description, WELLSITE 25K1&2 S100' W 100' NE4 SW4 .22 AC SEC 25-12-12 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 2009. CORTARO-MARANA IRRIGATION DISTRICT, and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997 Mr. Daniel Post, Chairman Board of Directors STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on , 2009, by Daniel Post, Chairman of the Board of Directors, Cortaro-Marana Irrigation District and as Trustee under the Cortaro-Marana Trust Agreement dated September 16, 1997. My commission expires: Notary Public Regular Council Meeting -May 21, 2009 -Page 252 of 266 Exhibit I to Purchase, Settlement and Termination Agreement 1. Any right of utility access held by the District over APN 217-28-0O1E (Azca Drilling & Pump Inc. parcel) and APN 217-28-007J (Anchor Plumbing Inc. parcel) for the beneficial use of Well No. 22.1. 2. Any right of ingress, egress, or utility access held by the District over APN 226-01-O09D (California Portland Cement Company property) and APN 226-01-0300 (Helen White parcel) for the beneficial use of Well No. 8.1. Any right of ingress, egress, or utility access held by the District over APN 226-05-1570 (Marana Unified School District No. 6 property) for the beneficial use of Well No. 17-P2. 4. Any right of ingress, egress, or utility access held by the District over APN 221-18-6070 and APN 221-18-6080 (Willow Ridge Commons common area B) for the beneficial use of Well No. 25-K1 and Well No. 25-K2. Regular Council Meeting -May 21, 2009 -Page 253 of 266 {00014S49.DOC /} ESCROW INSTRUCTIONS Upon the mutual execution of the Purchase and Settlement Agreement (the "Agreement"), the parties shall open an escrow ("Escrow") of the Agreement and of these Escrow Instructions at Title Security Agency of Arizona ("Escrow Holder"). A facsimile copy the Agreement and these Escrow Instructions shall be deposited with Escrow Holder and shall constitute the instructions of the parties as to the terms and conditions of Escrow. If required by the Escrow Holder, the parties shall execute additional escrow instructions and, in such case, Escrow Holder's "General Provisions" shall be incorporated by reference. If there is a conflict between the Agreement and these Escrow Instructions, the terms of the Agreement shall prevail. If there is a conflict between the Agreement or these Escrow Instructions and the General Provisions, the terms of the Agreement or these Escrow Instructions shall prevail. As used herein (i) "Opening of Escrow" means the date Escrow Holder agrees to act as Escrow Holder in accordance with the Agreement; (ii) "Close of Escrow," with respect to each of the well sites that is the subject of the Agreement, means the recording of the Deed in the Official Records of Pima County for each of the well sites in which the Property is located; (iii) "Closing Date" means the date on which Close of Escrow occurs for each of the well sites that is the subject of the Agreement; and (iv) "Date of Agreement" means the date Buyer and Seller have executed this Agreement. The Close of Escrow shall occur on or before July 10, 2009. TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk CORTARO-MARANA IRRIGATION DISTRICT, a political subdivision of the State of Arizona By [Print Name] Its ATTEST: By [Print Name] Its CORTARO WATER USERS ASSOCIATION, an Arizona non-profit corporation By [Print Name] Its ATTEST: By [Print Name] Regula~Councl Meet / 2} - I - 5/20/2009 322 PM FJC/kc Ip%HTBTI"J 1'O L1Vl~/C; W O~TibW1Q~~ MARANA PiJRCftASE, SETTLEMENT & TERMINATION AGREEMENT This Agreement has been reviewed by the public agencies' attorneys, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the undersigned. Frank Cassidy, Marana Town Attorney Michael Curtis, Attorney for CMID Regula~Council MeeC~/p2a} p~~~'q ~(~ p~nc r~~ ~f ~ - 2 5/20/2009 3:22 PM FJC/kc L~,~CHT$11"J~O L'Nl~/C:~~rl"OWF~~ MARANA PURCHASE, SETTLEMENT & TERMINATION AGREEMENT 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Item B 1 Subject: Resolution No. 2009-77: Relating to Boards, Committees and Commissions; approving and authorizing the re-appointments of John Soper and Joe Reilly to the Board of Directors of the Dove Mountain Resort Community Facilities District Discussion: The District Manager for the Dove Mountain Resort Community Facilities District has requested Council approval of the following appointments: The reappointments of John Soper and Joe Reilly, whose terms will expire in June 2009 for another four-year term to expire in June 2013. ATTACHMENTS: Name: Description: Type: ^ Resolution 2009-77 Dove. Mountain _Resort CFD Appts.doc Resolution Resolution ^ Petition for Re~~t to Dove Mountain CFD.pdf Petition far Appointment Backup Material Staff Recommendation: Staff requests Council approval of the Petition. Suggested Motion: I move to approve Resolution No. 2009-77, reappointing John Soper and Joe Reilly to the Dove Mountain Resort Community Facilities District for additional four-year terms to expire in June 2013. Regular Council Meeting -May 21, 2009 -Page 256 of 266 MARANA RESOLUTION N0.2009-77 RELATING TO COMMUNITY FACILITIES DISTRICTS; APPROVING APPOINTMENTS TO THE DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT WHEREAS the Town Council, upon forming the Dove Mountain Resort Community Facilities District, appointed the initial board of directors; and WHEREAS the Town Council is responsible for subsequent appointments to the board of directors; and WHEREAS the board of directors of the Dove Mountain Resort Community Facilities District has two members whose terms expire in June 2009; and WHEREAS the developer, through the CFD's district manager has petitioned the Council to reappoint John Soper and Joe Reilly to serve four-year terms beginning July 1, 2009. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that John Soper and Joe Reilly shall be reappointed to the board of directors of the Dove Mountain Resort Community Facilities District for terms ending June of 2013. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of May, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -May 21, 2009 -Page 257 of 266 .... PETITION FOR APPOINTMENT OF DISTRICT BOARD MEMBERS FOR DOVE MOUNTAIN RESORT COMMUNITY FACILITIES DISTRICT (TOWN OF MARANA, ARIZONA} TO: Clerk, Town of Marana, Arioona The undersigned District Manager for the Dove Mountain Resort Community Facilities District, acting pursuant to the Amended and Restated Development Agreement and Intergovernmental Agreement {Red Hawk Canyon), Docket 9969, Page 1923, 1/30/95, respectfully. petitions the Honorable Town Council of the Town of Marana, Arizona to .appoint the following District Board Members. Article 5 -Organization and Operation of the Districts - 5.1. Appointment of Boards of Directors. The initial members of the District Board shall be those individuals names in the applicable Resolution and acceptable to Developer (the "District Board Members"). In the event of a vacancy occurring on the expiration of the term of ari appointed District - Board Member or upon the death, resignation or inability of a District Board Member to discharge the duties of such office, the District shall notify the Developer of such vacancy and give the Developer a reasonable opportunity to recommend candidates for appointment to fill the vacancy and to advise and consult the Town in connection therewith. After considering the general qualifications of any candidates recommended by the Developer, the Town shall promptly appoint a new District Board Member. Pursuant to the above Article in the Amended and Restated Development Agreement and Intergovernmental Agreement, the Developer (Cottonwood Properties}, hereby recommends and requests approval of the following: Re-Appointment of John Soper and Joe Reilly whose term is set to expire June 2009 to serve an additional four (4) year term. Regular Council Meeting -May 21, 2009 -Page 258 of 266 Submitted and effective this lst day of April, 2409. Dove o ntain Reso C unity Facilities District By G~~ Patti Jo Lewis, istrict Manager STATE OF ARIZONA '' COUNTY OF FIMA The foregoing instrument was acknowledged before me this 1st. day of April, 2009, by . Patti Jo Let~ris; District Manager; for thy.:Bove ~Vloar~tain Resort Coii~nunity Facilities District: tart' Pub Ot:FtC~AL SEAL M commission ex fires: i_iSA K. O'NEILL Y p NOTARY.PUBUC -State of Art~oaa P1tYlA COtINiY ^~ ~~ ~ ~ ~~ ~ _ try Comm. Expires NAV. ~a, 2ott i 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, May 21, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ^ B_ull_etn_-#1.7.p_df Bulletin 17 Backup Material ^ Bulletin-#18,~df Bulletin 18 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -May 21, 2009 -Page 260 of 266 IN THIS ISSUE Session Update ................................ l Impact Fee Fund Sweep Temporarily Stalled ..............................................1 NLC Guidelines For H1N1 Influenza Virus ................................................ 2 City and Town Budgets In The News ......................................... 2 Weekly Spotlight ............................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like to add a member of your council or staff to our bulletin e-mail list please forward your a-mail request to: csmith-humphrey@azl eague. org Bulletin Issue 17 -May 1, 2009 SESSION UPDATE Besides the drama unfolding this week with the Joint Appropriations hearing (see below), the Senate Appropriations Committee was once again scheduled to take up the budget reconciliation bills that comprise the FY 2009-10 budget. The hearing was scheduled for Thursday afternoon, but was cancelled so members could do the Joint Appropriations hearing on the impact fee "rebate" issue, which never happened either, Senate Appropriations has been re-scheduled with the same budgets bills on the agenda for next Tuesday, May 5, at 1:30 p.m. Other Senate committees continue to meet to vet executive nominations. Next Monday, the Senate Natural Resources, Infrastructure and Public Debt Committee, chaired by Senator John Nelson (R-Litchfield Park), will hear the nomination of former House Research Staff Director John Halikowski to become the Director of the Arizona Department of Transportation. Over in the lower chamber, the House Committee of the Whole (COW) passed a few bills that the League has been monitoring. House Bill 2363, sponsored by Representative Rick Murphy (R-Glendale), creates reporting requirements for leases that are under the government property lease excise tax (GPLET). The bill passed with no discussion. Additionally, House Bill 2336, which allows cities and towns to create renewable energy incentive districts, also moved forward. Representative Lucy Mason (R-Prescott) is the sponsor of the bill. Finally, House Bi11 2142 also moved forward; the bill eliminates the requirement for the Mohave County Water Authority to utilize a portion of its Colorado River water allocation exclusively for industrial uses, Representative Nancy McLain (R- Bullhead City) is the sponsor of this bill. IMPACT FEE FUND SWEEP TEMPORARILY STALLED A startling proposal emerged from budget discussions this week that would essentially allow the state government to use the proceeds oflocally-collected development impact fees to balance the state budget. The idea has yet to be put in writing or vetted publically, after a Joint Appropriations Committee hearing was cancelled at the last minute because the Homebuilders Association of Central Arizona (HBACA) was not prepared to make their presentation, despite having asked for the hearing in the first place. The posted agenda item called it, "Discussion of Municipal Rebate to General Fund." This concept was admittedly proposed by HBACA, despite the fact that it could eliminate the infrastructure necessary for their own members' projects. In their presentation called "Arizona Housing Recovery Plan," they assert that cities and towns have nearly $600 million in "excess" impact fees that are not being used, and could be I~bi~ti~V~~009 -Page 261 of 266 May 1, 2009 Impact Fee Fund Sweep Temporarily Stalled (contd.) The League first heard of the proposal two weeks ago, when legislative staff pitched the concept as a voluntary way to help the state with its budget issues. After discussing the concept with several cities, League staff confirmed that the concept was seriously flawed for several reasons and relayed these concerns back to legislative staff in a timely fashion. First, the numbers being used by the homebuilders are wildly exaggerated. They say their figures come from July 2008, but today's figures are significantly lower, as money has been spent to build infrastructure and to reimburse developers who constructed infrastructure required by new development. Some cities and towns now actually have negative balances in their impact fee accounts because they have loaned general fund money to finish current projects required by the massive amount of development that has taken place in recent years. Furthermore, impact fees cannot be diverted to general fund uses, either by cities and towns or the state government, without running into a host of legal conflicts. Current. state statute allows impact fees to be used ONLY for infrastructure construction. Moreover, a city or town must adopt an Infrastructure Improvements Plan, conduct a study to determine the amount of infrastructure attributable to new development, and hold a series of public hearings to adopt the fees. Even if the law were changed, as some had proposed to allow impact fee funds to be used for general government purposes, it would not change the fact that money was collected in the past for specific projects that still must be built. Also, contracts, development agreements and other legal constraints require money to be spent on the purpose for which it was collected. Any breach of that principle would likely trigger multiple legal actions. Annual city audits account for impact fee categories, balances: and expenditures. Complicating this entire matter is a report that claims the League negotiated and agreed to move forward with this scheme and then changed our position because of pressure from the Governor. This is simply not true. The League Executive Director sent a letter to all legislators and the Governor's office recounting the factual chronology of this idea, but unfortunately, some members of the legislature still remain unconvinced. Rumors persist that this idea will come up again, perhaps as early as next week. Regular Council Meeting -May 21, 2009 -Page 262 of 266 The League has retained legal counsel to provide an opinion about the legality of the concept. We will continue to point out the fact that impact fee funds are not fungible and are a necessary tool to help carry Arizona out of this economic downturn. The building of infrastructure creates jobs in the short term and capacity for new economic growth in the long term. If your city or town utilizes impact fees to keep your existing residents from having to subsidize new development (as about two-thirds of Arizona municipalities do), please contact your Senators and Representatives and let them know the facts about impact fees in your communities. NLC GUIDELINES FOR H1N1 INFLUENZA VIRUS Yesterday, the NLC released some guidelines for city and town officials on responding to the H1N1 influenza virus (swine flu). Included in the information is a resource list for cities and towns, up- to-date facts and figures, as well as treatment information and preventive measures. To view the article, click here or please see the attached PDF. CITY AND TOWN BUDGETS IN THE NEWS ^ Peoria City Council to act to halt annual police pay raise http://www.azcentral.com/communit~peoria/ articles/2009/04/ 17/20090417>;1- peopoliceunion0418-ON.html ^ Chandler budget hearings loom; job cuts likely http://www.eastvalleytribune.com/storv/13 85 67 ^ City layoffs down to a dozen (Flagstaff] http:!/www.azdailysun.com/articles/2009/04/3 0/news/20090430 front 195477.txt ^ Voluntary furloughs, severance packages in budget solution (Marana) http: //www. explorernews. com/article s/2009/0 4/29/news/doc49 f 77a3 7dfOd9547672016.txt ^ Goodyear lays off 5% of workforce, considering tax hike http•//www azcentral.com/news/articles/2009/ 04/21 /20090421 swv-aylayoffs0421-ON.html May 1, 2009 The Weekly Spotlight - Representative Sam Crump This week we focus on Representative Sam Crump (R -Anthem). After earning his undergraduate degree in government from the University of San Francisco in 1986, Representative Crump earned his law degree from Santa Clara University in 1989, and his masters in public administration from USF in 2002. Representative Crump is a founding partner of Boates & Crump, a general law practice located in Anthem. He began his legal career as an Army JAG prosecutor in Germany. He has worked for municipal and education law firms and served as legislative counsel to the California Judges Association. The representative has been a Rotarian since 1992, and through .Rotary he founded an orphanage in Uganda in 2004. Mr. Crump and his wife, Colleen, have four children. The Crump family attends St. Rose Catholic Church in Anthem. He is proud to represent District 6 in the Arizona House of Representatives. His legislative assignments include being the Chairman of the Government Committee and a member of the Military Affairs and Public Safety, and Transportation and Infrastructure Committees. What prompted you to run for the legislature? To take action on my belief in our Founder's view of limited government. What's your proudest legislative achievement? For new members, what do you hope to accomplish? Stopping funding for 21st Century Fund (aka Science Foundation) earlier this year. How can the state government and local governments be better partners? I've always found the revenue sharing arrangement rather curious. I think we'd be better partners if everyone stood on their own two feet. What kinds of things do you do to relax favorite music, books etc? Regular Councl Meeting -May 21, 2009 -Page 263 of 266 I enjoy presidential biographies and just finished reading Edmund Morris's two biographies on Teddy Roosevelt. I enjoy local theater and music. Thank you for your time. Thanks. 3 May 1, 2009 IN THIS ISSUE Legislative Activity ......................... l House Committee Approves "Voluntary" Impact Fee Swap ........1 League Elections Resolution Passes The House ........................................2 Radio Towers .................................. 2 It's That Time Again -League Resolutions ...................................... 2 Weekly Spotlight ............................. 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague. org Internet: www.azleague.org If you would like to add a member of your council or staff to our bulletin e-mail list please forwazd your a-mail request to: csmith-humphrey@azleague. org Bulletin Issue 18 -May 8, 2009 LEGISLATIVE ACTIVITY The 49`" State Legislature is now in its 117' day of session. The House continues to have Committee of the Whole, and also had a Third Read this week. The House held an Appropriations Committee hearing over FY ' 10 budget bills (see story below). Senate Committees that met this week were mostly composed of executive nominations. Both chambers continue to focus on the budget. HOUSE COMMITTEE APPROVES "VOLUNTARY" IMPACT FEE SWAP This week, the House Appropriations Committee approved a package of budget bills for the 2009-10 fiscal year. Among those that passed was House Bill 2635, which includes a section that changes state statute regarding the use of impact fee funds. The bill says cities can voluntarily choose to use impact fee funds for. general government purposes, but any city that does so must pay the state general fund their proportional share of a $210 million amount. Some legislators said this proposal would help cities manage their operating budgets by using "uncommitted" impact fee funds for general government operations. It is unknown what this provision would do to the one-third of Arizona cities and towns that have not implemented local impact fees. In opposing the concept, the League testified that all impact fees are already committed to build the specific infrastructure for which they were collected as required by state law. Furthermore, the League has received a legal opinion that says any diversion of impact fee funds to any purpose other than infrastructure would be unconstitutional and illegal based on a number of federal and state provisions. While the opinion was written prior to the release of the language in the bill, it makes a strong case that any diversion of already-collected impact fee money would likely be illegal, even if state statutes were amended to change the use of future fee revenue. You can see the relevant section of H.B. 2635 as well as the legal .opinion at this website: http://www.azleague.or~/index.cfm?fuseaction=leaislative.impact fee~roposal The idea for this section came from the Homebuilders Association of Central Arizona (HBACA) who did not testify at the committee hearing. It is believed that this is a part of their strategy to try to eliminate impact fees entirely. If this provision became law and a city or town chose to use it, HBACA would be able to claim the impact fee funds were not needed for city infrastructure projects after all. Regular Council Meeting -May 21, 2009 -Page 264 of 266 May 8, 2009 House Committee Approves "Voluntary" Impact Fee Swap (contd.) The homebuilders have proposed radical changes to the impact fee statutes for the past four years, and each time they have insisted that all impact fees be used exclusively for the construction of infrastructure that benefits new development. That provision is required in state law, along with requirements for a city Infrastructure Improvements Plan that identifies the items that need to be built, and a requirement for a study by a professional consultant to determine the impact of new development. All of this is in addition to the public hearing and public comment requirements. Despite having passed out of the committee, it is uncertain if there are votes to pass it on the House floor, and Senate President Bob Burns has told media outlets he has serious questions about the provision. LEAGUE ELECTIONS RESOLUTION PASSES THE HOUSE Though no bills have been heard in the Senate and few bills have made it onto the House floor for consideration, House Bill 2048 is one of the select few that has been approved by the House and is now caught in the Senate holding pattern. This bill, brought by the City of Scottsdale and sponsored by Representative Michele Reagan (R -Scottsdale), allows cities that choose to hold nonpartisan elections to set the minimum number of signatures required for a mayor or council candidate at 1,000 signatures or 5 percent of the city's votes (whichever is less), but not more than 10 percent of the vote in the city. In cities like Scottsdale, where the council is elected at large and the voter turnout is very high, the current signature requirements for candidates to get on the ballot can be very high, often above 5,000 signatures. This bill passed the House unopposed with a 56-0 vote and we look forward to its consideration in the Senate. RADIO TOWERS House Bill 2514 amateur radio; structures; accommodation, requires municipal zoning plans to provide reasonable heights and dimensions for accommodation of amateur radio station emergency service communications antennae and structures. Operators of these devices must receive a federal 14'~.C4.~Y~l~i~rsiQ9fl~~f~~S~i~P~p~.gs~~e House the last two sessions, but never made it through the Senate. Representative Nancy McLain (R - Bullhead City) is the sponsor. The bill passed Committee of the Whole this week. The League is monitoring this bill, but has taken no formaLposition. IT'S THAT TIME AGAIN -LEAGUE RESOLUTIONS! As we head into summer and the League's Annual Conference, it is time to start thinking of resolutions that your city or town would like to submit to the Resolutions Committee for consideration. Resolutions passed by this committee, which consists of one elected representative from each city and town in Arizona, become the framework for the League's legislative agenda for the next upcoming session. We will be sending out more information regarding the timeline for this year's resolutions process in the next few weeks. The Weekly Spotlight - Representative Russell Jones This week we focus on Representative Russell Jones (R -Yuma). This is Mr. Jones' second stint in the House, having previously served from 2004-2006. ~''" '~"' Born in San Diego, Mr. Jones served in the U.S. ~~" Army and holds degrees from San Diego State University and the University of Arizona. He runs R.L. Jones Management Group Professional Licenses and is a United States Customhouse Broker. He is also a licensed insurance broker and notary public. An active community member, Representative Jones has been involved with economic development commissions, community foundations and arts associations. He is a certified scuba diver, a pilot and a member of the Civil Air Patrol. He and his wife Janet have two children and four grandchildren. His legislative assignments include being Vice Chairman of the Natural Resources and Rural Affairs Committee and a member of the Appropriations and Environment Committees. 2 May 8, 2009 What prompted you to run for the legislature? The first time I ran, it was because I felt that as a business person from rural Arizona, I might be able to add a different perspective to the legislative discussions at .the state level. This time around, I was convinced that my District needed a strong, rural businessman's voice in the Majority party to defend our best interests in rural Arizona from a one size fits all mentality that tends to prevail in the urban center of the state where our Capitol is located. What's your proudest legislative achievement? For new members, what do you hope to accomplish? Actually, my proudest moment occurred during my first term, when I was awarded the Arizona Chamber's Legislator of the Year award as a freshman. As a second time Freshman who sits on the Appropriations Committee and Vice Chair of the Natural Resources Committee, I hope to help instigate a statewide resurgence of the 5 C's with respect to agriculture and our mineral resources as leading economic sectors of the Arizona economy. Furthermore, I hope to insure that the budget crisis burden is not disproportionally born by the rural communities of this state. How can the state government and local governments be better partners? I tend to subscribe to the John Adams' philosophy of government that (subscribes to the position that) less government is probably better and that the level of government closest to the people and the subject matter should be the level that addresses it. If that was the case in Arizona, we would be seeing far less legislation that micro manages school districts, cities, and counties. Regular Council Meeting -May 21, 2009 -Page 266 of 266 What kinds of things do you do to relax favorite music, books, etc? As far as relaxation is concerned, it's pretty hard for a rural legislator/businessman. Since you're away from home and personal office support, you tend to put in long hours at your legislative office, Monday through Thursday. I arrive home Thursday evening, which is spent catching up on mail and news. My Fridays and Saturdays are for the most part devoted to maintaining my business interests, with- Sunday devoted to faith, family, and preparation for returning to the Capitol Monday morning. I do enjoy and fmd very relaxing, communing with my spouse, children and grandchildren and getting a little reading in. Thank you for your time. Thank you. May 8, 2009